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HomeMy WebLinkAboutApril 29, 2004 P&Z MinutesMeridian Planning 8 Zoning Commission April 29.2004 Page 59 of 100 MOTION CARRIED: ALL AYES. Moe: Mr. Chairman, I move we forward to City Council recommending approval of CUP 04-006, request for a Conditional Use Permit for a planned development consisting of a mix of residential and commercial uses with reductions to building setback requirements for propose Rock Creek Subdivision by Treasure Valley Development, east of North Linder Road and south of West Pine Avenue, to include all staff comments and conditions of the staff -- of the hearing date April 29, 2004, received by the City Clerk's office April 26, 2004. Zaremba: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 12. Public Hearing: PP 04-003 Request for Preliminary Plat approval of 2 building lots on 2.7 acres in an I-L zone for Cafarelli Subdivision No. 2 by Shawn Fickes - 1950 West Franklin Road: Borup: Thank you. Okay. Our next item is Public Hearing -- this is a new Public Hearing, PP 04-003, request for Preliminary Plat approval of two building lots on 2.7 acres in an I-L zone at 1950 West Franklin Road. I'd like to open this hearing at this time and start with the staff report. Kirkpatrick: Mr. Chairman, Members of the Commission, this application is a resubdivision of an existing lot in Cafarelli Subdivision. This application is here tonight, because there was anotice -- well, actually, we didn't post the property when it came up the last time. It's a Preliminary Plat for an industrial subdivision located in an area with I-L zoning. There will be two building. lots on 2.7 acres and, additionally, the applicant has revised their plat and there now will be two landscaping lots on the western side of the subject property. Actually, it's a pretty straightforward subdivision. There is one issue I want to briefly go through. There is a proposed private road to the west of the subject property, which is being constructed by SSC and the school district and this applicant is not participating in the construction cost of that road and we are requesting that they be required to put up a fence on the western side of the property to restrict access to the road until they come to an agreement with the school district or the road becomes a public road, because it's currently proposed as a private road. That's really the only outstanding issue. The applicant has gone and revised their Preliminary Plat from when we first reviewed this application and there now is a 25-foot wide cross- access easement shown on the eastern side of the property. I do -- I want the applicant to address -- we had requested a vehicle turn around be shown and so I'd like for them to go ahead and address that, but we do have the cross-access easement shown on the eastern side of the property. I believe there was a Public Works issue, which Bruce should go through, and explain. That's it's for my staff report and staff recommends approval of this application. Meridian Planning & Zoning Commission April 29, 2004 Page 60 of 100 Freckleton: Thanks, Wendy. Mr. Chairman, Members of the Commission, the issue seems like it -- it's a popular issue tonight, but sewer serviceability for this lot cannot be provided via gravity back to the line in Franklin Road. The applicant has proposed installing individual grinder pumps on each of the buildings that would be constructed on these lots and pumping to the end of the line in Franklin Road. Originally when I wrote the staff report I wrote that service should be provided via a single pump station, that their service lines would gravity flow to this pump station and, then, it would pump back. The applicant prefers to do it with the independent grinder pumps that they would maintain independently and they would run gravity service lines out to Franklin Road, so that when the trunk line is extended into area, it simply could be connected up and the pumps could be taken off line and abandoned. There is quit a considerable economic difference between the independent grinder pumps and a single pump station and I don't have a problem with that. We have to just modify Preliminary Plat condition number two to allow the independent grinder pumps on the lots and that would be the only modification. Zaremba: Mr. Chairman, Bruce, is there any anticipation of how long this alternate method is going to be necessary? Freckleton: Well, the Black Cat trunk sewer is in design and that would be what would be coming up through this area, so I don't think it would be too awful long. Zaremba: A couple of years, as opposed to ten years? Freckleton: Yes. Borup: Okay. Anything else? Kirkpatrick: Chairman, Members of the Commission, we had an additional idea on how to restrict access on the western side of the property, but we didn't understand that the western side will be pretty much exclusively a swale, a landscape buffer. One thing they could do -- essentially, the only access point to the west would be through the cross-access easement, which kind of divides the two lots. If they were to do -- put a fence there at the end of that cross-access easement, that would also restrict access without having to fence that entire property and obscure the landscape buffer, it's another option and the applicant can address that. Borup: Okay. Would the applicant like to make their presentation? Amar: Good evening. For the record, my name is Kevin Amar, address 114 East Idaho Street. I know we have had a long night so far -- it's not over yet, so I will be brief. We have reviewed the conditions of approval. Other than the two items that have been mentioned, we just want some clarification. We have no issues with those conditions of approval. This project is currently zoned for the use we are intending, which is asking to split the lots for two separate buildings, rather than one. I do have a map here with me Meridian Planning & Zoning Commission April 29, 2004 Page 61 of 100 this evening to show the typical use of this project. There is one building that sits probably out towards Franklin Road and another building that sits behind adjacent to that private access, although both buildings will be taking access off Franklin Road through the existing easement. We will be restricting access to that private road until such time that either an agreement has been reached with the school or the road becomes public. The issue with the road right now is the school is not sure exactly what they want to do with it. We have spoke with Wendell Bigham. He's sure it's going to become public. It's our eventual hope that we will take access to that, but it will be either through an agreement with the school or when it does become public. Until that time we have the required tum around space and the parking spaces, all taking access off of Franklin Road. With respect to the grinder pumps also putting in there, because it is a temporary situation putting in those, but the service lines would be installed at the time of building construction, so there won't be a need to do this later, it will all be ready to bolt, so to speak, when the Black Cat Trunk Line is extended. We would request that we be allowed to use grinder pumps, but in conjunction with that also provide the sewer main line extension for a service line extension at the same time. With respect to the -- to the fencing, there is fencing that we will be putting from the corner of the building and securing the site, as it is a manufacturing site, so there will be materials and things of that nature and equipment that will need to be fenced off. The one issue -- and I understand it as being restricting access to that private road, we would like the ability to restrict access through other means, other than just strictly fencing. The concern in this area is it's going to be more of a landscaped area, so restrict access with some landscaping trees, a swale, or other things of that nature. We spoke with Mrs. Powell briefly -- and, I'm sorry, Wendy, it was just a few minutes before this hearing and she suggested that we comply through a certificate of zoning compliance, making sure that we have restricted access to that road, as long as it remains private. I think with that I would stand for any further questions and appreciate your time this evening. Borup: Questions from anyone? I assume that the concern for the access would be in the parking and the driveway area. Are you going to have any curbing along that? Amar: There will be curbing. The other thought with this -- there is a swale and we can put some additional landscaping in there, so I guess you can get an access to it, but you're going to have to drive over a tree, just as you would drive over a fence. It's going to be difficult to do it. I understand wanting to restrict access to it, I just want to make sure it looks nice, instead of fencing right on the road. Borup: So, the swale would be the whole length of the property? Amar: I can let my engineer answer that question. Borup: Okay. Well -- Amar: It will be in there and I don't know if it will be the entire length of the property or not, but certainly we can put it in selected -- Meridian Planning & Zoning Commission April 29, 2004 Page 62 of 100 Borup: But it's still a landscape buffer either way. Amar: Sure. Sure. I would anticipate the swale similar to the Sundance project off of Meridian Road, which is a Swale, but it's also a landscape buffer and it looks -- Borup: ft's also a storm water retention, isn't it? Amar: Yes. Borup: Okay. Is the anticipated sewer usage just going to be for office buildings? Amar: Yes. It's -- the shop up here will be a cabinet shop and this shop will be a welding shop. Neither one of them will be a high impact as far as waste usage it will be just for the office use. Borup: Okay. Questions from the Commission? Rohm: Just a comment. I'm disappointed that you weren't able to come up with a way to access that private road prior to coming before this Commission. We would have liked to have seen that happen. Amar: Well, we would like to access that property also and we had a discussion with Wendell. His comment is until they know what the eventual thought for that road is, they are not sure what they are going to do or when they are going to do with it. We are still talking to Wendell. It's much easier for us to gain access from this road than from Franklin, so it's our desire to do the same. Rohm: That's cumbersome at best off of Franklin. Amar: Sure. Zaremba: Well, along that line, my comment would be that it would be in the long range plan for traffic flow in that area much better for you to have access to that road and my question, I guess, would be either staff or legal and you -- I will get a combined answer. Can we add a condition that if and when that road becomes. public, they will abandon their access -- the direct access to Franklin? Rohm: Well, there was already a curb to Franklin serving the existing commercial -- Zaremba: Oh, you want to share the driveway with them? Rohm: Yes. That's what -- Amar: Back when the subdivision was approved there were certain access points allowed on Franklin. Meridian Planning & Zoning Commission April 29, 2004 Page 63 of 100 Zaremba: Okay. Amar: That access shows the driveway with this property and also the property to the west -- or east. I'm sorry. That property cannot be -- or that access can't be abandoned, because it's access for the property next door. Borup: Yes. I think that will just take care of itself. They are going to want to use the easiest access. Zaremba: Well -- and I would assume at some point, if that -- if what's now a private road becomes a public road, it's probably a good location for a signal. I would assume that the people from your property would want to use that, even if you do have a driveway on Franklin, so -- I guess I have no further comment. Borup: Okay. Anyone else? Thank you. Amar: Thank you. Borup: Any other testimony from the public on this? Seeing none, Commissioners? Zaremba: Mr. Chairman, I move that the Public Hearing on PP 04-003 be closed. Moe: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Borup: Okay. I think there was only probably two items, one on the grinder pumps and Mr. Freckleton I think clarified that. And the other would be on the access to the west, about a fence and -- or not the fence -- that the landscaping buffer wouldn't be adequate for that, which makes sense to me. Newton-Huckabay: That the landscaping buffer would -- Borup: No. Staff had -- I think it would. I mean staff was talking about putting a fence along there, but -- and the applicant is saying they'd like to just keep it the landscaping buffer as the -- to prevent the access. Moe: Yes. I am, too. Zaremba: So, let me ask staff to steer us toward where those two comments are. Borup: Maybe that was just in the testimony. Newton-Huckabay: I do believe it was just in testimony. Meridian Planning & Zoning Commission April 29, 2004 Page 64 of 10D Borup: Okay. We don't need to worry about it. Moe: Yes. Just -- Zaremba: Okay. Moe: Just the one, then? Borup: Okay. Zaremba: Okay. The sewer one is on page four, paragraph two. That sentence needs to be modified. Moe: Yes. Freckleton: Mr. Chair, if you like, I could suggest a modification. Borup: Okay. I think we'd appreciate that. Zaremba: Go. Freckleton: Okay. After the word via, just scratch the word a single and insert independent grinder. It would read via independent grinder pump stations. Then, insert on each lot and scratch adjacent to Franklin Road frontage. That would take care of it. Moe: Mr. Chairman -- Zaremba: No. Wait. Okay. Paragraph 16 is where the western access is. On page five. Moe: Oh, you're right. Zaremba: And just -- I would just add to that additional landscaping will prevent access until such time as that road becomes public or an agreement is made for use. Moe: Strike this and just do additional landscaping. Newton-Huckabay: Instead of the fence? Zaremba: Well, I think it was going to be both, wasn't it? The fence and landscaping? Kirkpatrick: It would be a combination of both. Right. Zaremba: So, I would add to it -- Meridian Planning & Zoning Commission April 29, 2004 Page 65 of 100 Moe: Including additional -- Zaremba: And it can be up to them whether it's a swale or something else. Moe: Mr. Chairman? Borup: Commissioner Moe. Moe: I move that we forward to City Council recommending approval of PP 04-003, request for Preliminary Plat approval of two building lots on 2.7 acres in an I-L zone for Cafarelli Subdivision No. 2 by Shawn Fickes, 1950 West Franklin Road, to include all staff comments and conditions of the hearing date March 18, 2004, with the following changes. On Page 4 of the conditions of Preliminary Plat, second paragraph, there to read sanitary sewer service shall be provided via independent grinder pumps. Oops. Wait a minute. I'm reading my own stuff now. Shall be via independent grinder pump stations on each lot. Strike a single pump and strike adjacent to the Franklin Road frontage. Also on condition Number 16, add a sentence to include including additional landscaping to -- including additional landscaping to access -- I just lost that. Excuse me. Including additional landscaping until access has been agreed upon. Zaremba: I'd second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 13. Public Hearing: RZ 04-004 Request for a Rezone of 9.47 acres from R- 4 to L-O and R-15 zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridian Road: Item 14. Public Hearing: PP 04-007 Request for Preliminary Plat approval for 15 building lots (14 office and 1 residential) and 1 common lot on 9.47 acres in proposed R-15 and L-O zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridiari Road: Item 15. Public Hearing: CUP 04-008 Request for a Conditional Use Permit for a Planned Development for office and assisted living in proposed R-15 and L-O zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridian Road: Borup: Thank you. Okay. We'd like to move on to our next application and I think we have a few people that have stayed for this this evening. The reason this was at the end is because it was a new Public Hearing the others were continued. We'd like to get -- because of the hour we may or may not' be able to get through everything this evening, but we will get started and see how the evening progresses. I'd like to open Public Hearing RZ 04-004, request for a Rezone for 9.47 acres from R-4 to L-O and R-