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HomeMy WebLinkAboutOctober 7, 2004 C/C Minutes Meridian Planning & Zoning October 7. 2004 Page 510170 Zaremba: I fully support the idea that this is a clean-up process and that it would have been annexed the day that it was approved in the first place if it had been contiguous to property -- to city property at the time, so I see no issue with this. They have had the benefit of saving 170 dollars a year for the last several years, as opposed to this being -- Borup: That's a little more correct way to look at it. Zaremba: Yes. That being said, Mr. Chairman, I move we close the Public Hearing on AZ 04-025. Moe: Second. Borup: Motion and second to close the hearing. All in favor? MOTION CARRIED: ALL AYES. Zaremba: Mr. Chairman, I recommend that we forward -- I move that we forward to the City Council recommending approval of AZ 04-025, to include all staff comments of their memo for the hearing date of October 7, 2004, received by the city clerk October 1, 2004. Rohm: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 11: Public Hearing: PP 04-032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C-G zone for Central Valley Corporate Park No.6. This is a re-subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No.6 by Steve Wensel - 929 South Industry Way: Borup: Next item is Public Hearing PP 04-032. This is a request for preliminary plat approval of eight commercial building lots for Central Valley Corporate Park No.6. I'd like to open this hearing and start with the staff report. Kirkpatrick: Chairman, Members of the Commission, this application is for a preliminary plat for two lots in Central Valley Corporate Park Subdivision. The property is located directly to the east of Winco, so it's just behind Winco and to the east. And the cross streets are East Central and Industry Way. The application is for the creation of eight commercial building lots and one common lot on 3.86 acres and the zoning out here is C-G. There are currently two existing lots and the applicant recently did a lot line adjustment to allow them to -- through a certificate of zoning compliance place two Meridian Planning & Zoning October 7. 2004 Page 52 01 70 structures on the property and they have already completed that process. And what they are proposing to do is to go ahead and create an extra six lots, which will allow them to put eight units on the subject property. While they are only proposing four structures, several of the structures will have zero lot lines and they will -- there will actually be eight lots, but just four structures. And there are a couple of issues associated with this plat. The first is in the -- let's see. The northeast corner there -- on the subject there is an existing park, which was voluntarily established by the applicant -- or, actually, by the previous property owner and the applicant is proposing to shift that park and we are asking that the applicant relocate as many of the trees as possible. There is a number of trees there on the northern edge of the subject property and to work with the parks department on mitigation and relocation of those trees. And staff would also like some additional information on amenities that are going to be provided on the relocated park, because we don't really have a plan for that yet. The second issue is there is a trash container over here that's located in the Nampa-Meridian Irrigation District easement and the applicant will be required to obtain a license agreement with Nampa-Meridian for that. And, then, the third issue, the applicant -- in the C-G zone there is, actually, a 15 foot front setback that's required and while the proposed structures meet that setback, with the proposed lot lines they don't meet the setback. So, the applicant will need to -- and I already spoke with the applicant about this -- but they will need to expand their lot lines, just to kind of encompass -- probably just like a row of parking spaces along here and up here, so that they expand those lot lines and meet the 15 foot setback. So, those are the only issues associated with this preliminary plat and staff recommends approval. Do you have any questions? Borup: Questions from any Commissioners? Okay. Would the applicant like to -- anything they'd like to add? Nothing at all? Any other questions from the Commission? Maybe I've got one and that - it's probably not important, but has that park ever had anybody use it? Kirkpatrick: You know, I have, actually, never seen anybody use it. Borup: I have been by -- I don't drive through there real often, but I have never seen it used at all. I was just curious. But maybe it will now if there is buildings closer by. That's probably more -- Kirkpatrick: Yeah. I mean potentially -- I mean right now there is kind of that business park just to the east across the street, but I have never seen anybody walk over there and use the park. Borup: And play basketball. Kirkpatrick: Play basketball, no. Borup: Okay. Kirkpatrick: But it is a nice amenity. Meridian Planning & Zoning October 7. 2004 Page 53 of 70 Borup: Yeah. It's nice to drive by. Commissioners? Zaremba: The issues you raised are they being resolved or do you expect them to be resolved? If we move this on to City Council they will be resolved before it gets there or do we need to throw a hammer in here somehow or -- Kirkpatrick: Well, we could go ahead and throw in a condition that they are, you know, required to work this -- with Elroy Huff of the parks department on relocation of trees and mitigation for trees. I think we want to go ahead and condition that they do have to obtain that license agreement with the irrigation district and I have already spoken with the applicant and they will be revising the plat and probably will have a revised plat before Council showing the expanded lot lines. Zaremba: Okay. I know the license agreement was mentioned in here. Was that a condition already? Kirkpatrick: Let me check if it was a special consideration or if I actually had it as a condition. Moe: Page four. Kirkpatrick: Yeah. These are actually -- Zaremba: I remember reading it. Kirkpatrick: -- as special conditions. You will have to drop them down and make them conditions of the preliminary plat. Zaremba: Okay. If I added on page five a paragraph 15 that said all special considerations from paragraph -- from page three are made conditions, does that work? Borup: It's on page three and four. Kirkpatrick: We are figuring out logistics over here, so just a moment. Borup: Might just -- Zaremba: If we wanted a comment from the applicant, is the applicant not here or -- Borup: No. He's here. Kirkpatrick: Okay. Chairman, Members of the Commission -- Zaremba: Well, I will assume by the applicant's silence, since he is here, that he has no objection to what we are suggesting. Meridian Planning & Zoning October 7. 2004 Page 540170 Kirkpatrick: Okay. I wanted to go ahead and add -- we have determined -- we can go ahead and under special considerations, these following three considerations we can add as conditions on the plat. The first one refers to parking, entitled future parking. The second is entitled trash container, referring to the trash container and the irrigation district easement. And the third, building setback. Those three conditions or considerations can all be added as conditions of the preliminary plat. Zaremba: Okay. Kirkpatrick: And I also wanted to go ahead and clarify on the existing park it was added -- it was added after the -- the previous -- or the -- after the property owner had finished their approvals for the previous subdivision, so it was all done voluntarily by the applicant, but we are encouraging them to go ahead and provide another park. It was not a condition of the previous plat done voluntarily by the applicant. Zaremba: I noticed that and I appreciated that. The applicant went above and beyond. That's appreciated. Mr. Chairman, I move we close the Public Hearing on PP 04-032. Moe: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Zaremba: Mr. Chairman, I move we forward to the City Council recommending approval of PP 04-032, to include all staff comments of their memo for the hearing date of October 7, 2004, received by the city clerk October 4, 2004, with the following change: On page five, which are the conditions of the preliminary plat, we will add a paragraph 15 that says the special considerations on page three, referring to future parking, and on page four, referring to trash container and building setbacks, are made conditions of this approval. Rohm: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 12: Public Hearing: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96- unit apartment complex to a 65-unit assisted living retirement facility in an R-40 zone for Devon Park II (Fairview Lakes) by Fairview Lakes, LLC - 824 East Fairview Avenue: