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HomeMy WebLinkAboutAugust 5, 2004 P&Z Minutes Meridian Planning & Zoning August 5. 2004 Page 70 of 108 of their memo for the hearing date of July 15th, 2004, received by the city clerk July 12th, 2004, and referencing the applicant's site plan with a revision date of 7/12/04. Staff comments to include the following changes: On page seven, under special considerations, paragraph one can be deleted. On page eight, under conditions of approval, paragraph three can be deleted. I believe that's the only changes. Rohm: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 11: Public Hearing: CUP 04-020 Request for a Conditional Use Permit for a pharmacy in an L-O zone for Medicap Pharmacy by Larry Knopp - east of North Ten Mile Road on north side of West Cherry Lane: Borup: Next item is Public Hearing CUP 04-020, request for a Conditional Use Permit for a pharmacy in an L-O zone for Medicap Pharmacy, again, by Larry Knopp. I'd like to start with the staff report. Siddoway: Thank you, Mr. Chairman, Members of the Commission. This is an application for the Medicap Pharmacy. It is a proposed Conditional Use Permit for a -- about a 4,600 square foot retail pharmacy in Lynwood Plaza, which the Lynwood Plaza project is outlined on the screen. It's on the north side of Cherry Lane. The Conditional Use is required, because the proposed pharmacy includes a drive-thru and all drive- thrus require a Conditional Use Permit. Retail pharmacies as a use are not listed in the schedule of use control. Medical clinics are an approved use -- or a permitted use and retail stores are a prohibited use. This is a retail pharmacy. To -- in order to clarify the use and to gauge whether it's appropriate or not in this location, the applicant has submitted a letter stating that the retail portion of this would be limited to pharmaceuticals and related items, such as crutches or medical supplies, but that general merchandise, such as groceries, toys, seasonal items, things you might see in a Walgreen's pharmacy, for example, will not be sold. As such, staff does find that .the use is closer to a clinic than a retail store, in harmony with the intent of the L-O zone. Special considerations on this project are on page four of the staff report. Before I get to those, though, let me use this aerial photo to talk about surrounding properties. Directly north of the project is Devlon Place Subdivision. Directly south is the Haven Cove Subdivision. To the east is Sunnybrook Farms. And to the west is Sunburst. All of which are zoned R-4. This site plan shows how they intend to develop the entire property. The project that's before us tonight sits in this location. The project has been platted into this configuration previously. That final plat has not been recorded or was not at the time that I wrote the report. Until such time as that plat is recorded, the project is only eligible for a single building permit and would just simply point that out. Here is the project, zooming in on just that southwest corner. You can see the retail pharmacy building in this location, the entrance off of Cherry Lane, and the associated parking. One question that we have under special considerations is the project extent. Meridian Planning & Zoning August 5. 2004 Page710f108 We will need to make sure that there are full improvements to the -- to full width drive aisles and that the access is fully improved, because they don't completely sit on this specific lot and I just need to make sure that we are clear on what the boundaries of the project will be as constructed for this. The second item deals with a Nampa-Meridian Irrigation District easement along the west boundary of the project. There is an easement for the irrigation district. I'm going to flip forward and show you the ditch. That's looking north along the project's west property line. That ditch will be tiled or piped as part of the subdivision improvements and there is an easement associated with that ditch. The site plan as you see includes trees along that west property line and there is a required 20-foot buffer between land uses here for the pharmacy use and the adjacent residential subdivision. We feel that buffer is especially important, given the drive-thru use. The drive-thru would enter at this location and drive along the north side of the building and, then, exit here and out. However, Nampa-Meridian does not usually allow trees in buffers and so we have asked the applicant to address this issue at the hearing tonight and verify what, if any, trees would be allowed. I do believe just in the last week a revised landscape plan has come in for the plat showing no trees along that boundary. I believe Nampa-Meridian is opposed to them. So, the question is how do we deal with some alternative compliance in that area in order to provide the buffer for the project to the neighbors to the west. The trash enclosure that's proposed up at the top of the screen also sits in the -- that same Nampa-Meridian Irrigation District easement and just have requested that they verify that they are able to get a license agreement for that. Item number three deals with Settlers Irrigation District. There has been comment submitted on behalf of Settlers Irrigation District. They are stating that they own a facility that runs along the south boundary of the property parallel to the Cherry Lane and have issued their own conditions of approval for a license agreement and associated fees that the applicant is disputing and have asked them to address the status of that discussion as part of the hearing. Item number four deals with the micro- path connection. I'm going to go to a photo -- where is it? Here. This photo is of a micro-path in Devlon Place Subdivision that connects to the northeast part of the project in this location. It follows the sewer line that you can see coming in right there. The site -- this site -- overall site plan does not show any connection to that micro-path and we are asking that they connect to it. The proposed layout for the parking -- just a second. There was an issue with the layout of how this project would interface with the future project to the north, especially with this trash enclosure. Some proposed parking spaces were backing into that and we have just asked them to clarify how that will be addressed with the future phases. The last item deals with landscaping. There are several required changes to the landscape plan detailed in condition number two. They require some additional width in the parking planter in this location, in this location, adding a couple of trees to the street buffer along Cherry Lane, enhancing the buffer between land uses, and proposing alternative compliance if Nampa-Meridian does not allow the trees. And with that I will stand for any questions. Borup: Questions for Mr. Siddoway? Okay. Mr. Knopp, would like to -- anything you'd like to add? Meridian Planning & Zoning August 5. 2004 Page 72 of 108 Knopp: Mr. Chairman, Members of the Commission, Larry Knopp, 355 South 3rd Street, Boise. I'm the architect representing the owner developer in this matter this evening. Lynwood Subdivision is in its final stages of final plat and approval and so we have had two or three developers -- or at least two developers on this project and it's changed hands and so we have had some miscommunication. We have been trying to work with the developer, with the staff, and I think we have solved and resolved all of the issues that staff has discussed this evening. I believe I have submitted and, hopefully, you have received their revised site plan and so I believe that we changed and addressed all. the items that are -- that staff had and I think we are in compliance with that at this point in time on the revised site plan. What I'd like to do -- Mr. Siddoway, if you could go back to the subdivision showing all five lots and buildings? Yes. That's the one. We have moved the trash enclosure from this area up to this area. We have deleted that car park to allow enough backup room in this area. We have expanded that parking -- a landscape aisle, by reducing this one a little bit. We have increased that one to meet the standards by -- we had some area down in here, so that we meet the revisions that the staff was asking on the landscaping. Borup: Yeah. And we have got a copy of the new plan showing the revised -- Knopp: But I guess the only issue now is -- and what I'd like to also clarify is that this pharmacy is strictly pharmaceutical, they don't sell retail, it's all medical related. The drive-up window facility is strictly for pickup of medication. There is no speaker on it, so it's a direct verbal between it, so we don't have any noise generating from this use and so I think it should be very neighborhood and user friendly from that aspect. We also have revised and submitted for the final plat and we can go over that with staff. Hopefully, they have a copy of it, because we have made all the modifications and changes on the trees and moved them out of the easement, because Nampa-Meidian Irrigation does not allow trees and root systems to interfere with their ditch system, so, hopefully, we have got that taken care of. So, if you have got any questions, I will try to answer them for you. Moe: What's the status of the Settlers Irrigation? Knopp: That I do not know. You will have to ask the developer. He's here this evening. He's been in discussion with Settlers. I think they have got a resolution to it, but he would have to address that. Borup: Okay. Unless there is any question on the -- on the buffer to the west -- I think when this project first came before us, it was a retirement home development. Years ago. Something like that. Knopp: I believe also right now that the developer and Planning and Zoning have come to an agreement on redoing the fence on the west side to help mitigate and buffer that west side in regards to and concerning the fact that we can't put any trees in that area, because of the -- Meridian Planning & Zoning August 5. 2004 Page 73 of 108 Borup: That's what your site plan shows. New fence -- Knopp: Yeah. Borup: -- on the whole west side. Okay. Thank you. Knopp: Thank you. Borup: Commissioner Moe, did you want to know about Settlers? Moe: Yes, I do. Borup: Okay. Wyman: Yeah, Commissioners, members, my name is Jon Wyman and I'm representing Lester Back Development, LLC, and they will be purchasing this property from Oakwood Enterprises, LLC. The only problem we have with the Settlers situation is that their entire irrigation system is in the right of way for ACHD. so, what they were asking us to do is is come in and establish that right of way for them legally and pay for that, which we don't use Settlers canal, we don't have any of their easement on our property, so we don't see any reason for us to solve that problem for them. So, that's our issue with that. We do have a license agreement with Nampa-Meridian Irrigation, however, for their portion of it. Any questions? Borup: The Rutledge Lateral is owned by Settlers? Wyman: Nampa-Meridian. Borup: Oh, Nampa-Meridian is -- Wyman: Yeah. Borup: Okay. Wyman: Exactly. Borup: Well, then, so Nampa-Meridian has a -- has an easement along Cherry Lane also? Wyman: They do. Yes. Borup: So, they have got parallel access? Wyman: They have got parallel lines there, but we are not serviced by Settlers, we are serviced by Nampa-Meridian Irrigation. Meridian Planning & Zoning August 5. 2004 Page 74 of 108 Borup: So, Nampa-Meridian is next to your property and, then, Settlers is out in this area? Wyman: Right. Right. When the highway department expanded that road, they actually piped those ditches, but they didn't, I guess, settle the east question, so -- Borup: Thank you. Wyman: Thank you. Borup: Did that answer your question, Commissioners? Okay. Do we have anyone else to testify on this application? Seeing none, Commissioners, any concerns? Zaremba: I think most of mine have been answered. Mr. Chairman, I move that the hearing on Item 11 be closed. Moe: Second. Rohm: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Zaremba: Let see. I think rather than go through the staff memo and identify the items that the applicant has agreed to, I will just reference that the applicant has agreed to them and reference the new site plan that's been given to us. If that's acceptable, I will make a motion. Moe: Please do. Zaremba: Mr. Chairman, I move that we forward to the City Council recommending approval of CUP 04-020, request for a Conditional Use Permit for a pharmacy in an L-O zone for Medicap Pharmacy by Larry Knopp, east of Ten Mile Road on the north side of West Cherry Lane, to include all staff comments of their memo for the hearing date of July 15th, 2004, received by the city clerk July 12th, 2004, with the comment that many of the staff comments have been addressed in the site plan provided by the applicant with a revision date of August 2, '04, received by the city clerk August 5, 2004, and this is actually a landscape plan, but we assume the plat will be brought into compliance with the landscape plan that we are looking at. Rohm: I'll second that. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES.