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HomeMy WebLinkAboutDecember 16, 2004 P&Z Minutes Meridian Planning and Zoning Commission Meeting December 16, 2004 Page 100[41 Item 6: Public Hearing: AZ 04-031 Annexation and Zoning of 8+ acres from a C- 2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: Borup: The next item is Public Hearing AZ 04-031, annexation and zoning of eight plus acres from a C-2 zone to proposed C-G zone for Meridian Gateway by White-Leasure Development. I'd like to open the hearing at this time and start with the staff report. Guenther: Thank you, Mr. Chairman. This is for a 9.0-acre site, as referred to by the survey submitted by Roylance and Associates on October 15th. There was a letter in the application that came in from an attorney, who did reference that the submitted deed was inaccurate, so the legal description should refer to the survey, not the deed. And in saying that, the property is -- is located on the southwest corner of Overland and Meridian -- Kuna-Meridian Road, State Highway 69. This area is designated as -- for future commercial by the Comprehensive Plan and it's currently in Ada County zoned C- 2. The request is to make this a General Commercial and there has not been a detailed plan submitted with. this for a planned unit development project. The conceptual plan shows a large box retail site, something around the order of 50,000 square feet, with the existing nonconforming gas station also being included on that site plan, which is listed as item number six there. And with that proposal being conceptual only, staff feels that with the additional conditions that -- or the comments that have been made by the Meridian fire department, as well as within the Comprehensive Plan, that this project can go forward for an annexation if those conditions are met. Now, the comments that were received by Meridian fire were generally pointed towards the existing gas station, which predated the Ada County ordinance, as well as when being annexed into this project would not be in compliance with the Meridian City Code, due to setback issues, as well as placement of certain materials on site. In speaking with the Ada County code enforcement officer, there is also an undefined junk yard on the site that, upon annexation and prior to issuance of the certificate of zoning compliance would -- staff would like required to have been cleaned up. Now, with this we are requesting that the development agreement address these issues, as listed by the fire department and staff. That is what I have to say. I'll stand for questions. Borup: Questions from the Commission? complying use, even with the county? At this time you said this was a non- Guenther: It's a nonconforming -- it's a legally nonconforming, As far as the records that Mr. Williams, the code enforcement officer from Ada County has indicated to me, the use predated the Ada County ordinance and, therefore, is legally nonconforming. Borup: Okay. Guenther: The junkyard is what Mr. Williams has indicated is not in compliance with Ada County code, nor is it allowed in the C-G district, i.e., illegal. Meridian Planning and Zoning Commission Meeting December 16,2004 Pagellof41 Borup: Right. Would the applicant like to make their presentation? Huber: Members of the Commission, for the record my name is Jeff Huber, I represent the applicant. My address is 416 South 8th Street, Suite 200, Boise. We have been working with this property owner for, oh, about the last year and a half to come up with some plan and devise some plan to develop this property in the future. The first step in doing that, in order to attract any tenants -- major tenants or medium size tenants, would be to have this property annexed into the city and zoned as per the city zoning designation. So, that's why we are here before you tonight. We -- this is purely a conceptual plan that we added to the application. We realize that we would have to come back before you for each use that would go into this site. Currently the -- there is the existing gas station and the convenience store that's operating on site. There is also an approved DEQ remediation that's going on on this particular site. As far as the junkyard goes, I'm not aware that it's actually an operating junkyard. I think there is just -- that Mr. Howell has acquired some junk over the years and he does allow some of the trucks -- truck drivers that he knows, oh, from his past years working there, he allows them to park there sometimes. We would like to -- we believe that the staff report is accurate. We would -- we are in agreement with the staff report. As far as the development agreement goes with the city, we want to keep continuing to operate the convenience store for now until -- because there is this remediation that's going on from the DEQ that has to continue. Once we do have a major tenant for this site, then, we will come back before you and we will -- we would have a particular use at that time that we could show you and we would work the access points out with ITD and the Ada County Highway District, but if this annexation is going to trigger a closure of the convenience store, then, we would not want to go forward at this time. But I don't think that that's staff's intent, it's just that it says that's it's not an approved use in the C-G zone and I have a question for staff on that. Is the convenience store not an approved use in the C-G zone? Guenther: A convenience store is a conditional use in a C-G zone. Huber: Okay. Well, however the Commission would like to treat that, I'm all ears. Any questions? Zaremba: Is there a time frame for removing the junk that mayor may not constitute a junk yard? Huber: Currently we do not have a time frame for that. And we do not have a tenant yet. Again, as I stated earlier, the very first step in redeveloping this property -- and I realize this is a key commercial corner, it's one of the gateway corners into the city, is that it become part of the city. The tenants just won't look at it unless they are sure that they can have water and sewer and proper zoning and be in the city. The time frame in getting annexation and rezone tends to turn off a major tenant. They want that done first before they will even consider the site. So, that's why we are here before you tonight. Meridian Planning and Zoning Commission Meeting December 16,2004 Page 120f41 Zaremba: I'm not sure which is first. I would think compliance with existing laws would be first. Huber: For the tenant? Zaremba: For the property. Huber: Well, true. I -- we don't have a time frame to remove the junkyard and I don't know what the Commission's pleasure is on that. Rohm: Yeah. I think that -- trying to think out loud here just for a moment. To move forward, obviously, you'd need to clean the junk up, number one. The existing use of the land for the existing convenience store, gas station, would remain until you submitted a redevelopment plan for that property after it's been annexed and accepted and rezoned. That seems to be the order of the day. But the first item would be as accepting -- being accepted into the city, the cleanup would have to take place between now and when it goes before City Council. That seems to be the order from my perspective. Buy that, Dave? Zaremba: I could see that. Moe: Well, if I might just point out, basically noting in the -- as far as for the development agreement, how it's incorporated, there is already notation on the second bullet point on page ten that pretty much -- you know, prior to the issuance of any building permits on the subject property all existing uses shall be properly abandoned or brought into compliance. Rohm: And I don't think that that necessarily means that they have to take the existing gas station and close it down, as I read it. It's just anything that's to be redeveloped would have to be in compliance with the new ordinance -- or existing ordinance. Huber: Prior to the issuance of a building permit. That's fine. Zaremba: Let me ask a question on the -- Huber: The applicant's in agreement with that. Zaremba: On right of way, the discussion of the future right of way, as identified by ITD for Meridian Road, State Highway 69-- Guenther: Mr. Chair? Zaremba: I'm not sure how wide that would be, but doesn't it go about where the gas pumps are? Meridian Planning and Zoning Commission Meeting December 16,2004 Page 13 of 41 Guenther: And that's -- that was the concem of staff, is that ITD has a standard 120 foot right of way designated for that area for future acquisition and that is going to be a significant portion of that gas station and with the existing uses, as well as the existing speeds of Meridian Road, it is staff's opinion that prior to release of any building permit that the nonconforming uses come into compliance -- full compliance with the City of Meridian Code, which if that means removal of the convenience store or relocation of it, then, that's what this development agreement should state. Rohm: And I think the applicant concurs with that. Huber: Yes, I do. Rohm: Yeah. Zaremba: So, essentially, its continuation as its current legal nonconforming use could continue that way until the right of way became an issue and, then, it's already understood by the applicant that some day it's going to change, even if we said it's okay today. Huber: Correct. Zaremba: Some day it's not okay and that doesn't mean that you can stop the right of way. Huber: That is correct. Zaremba: Okay. As long as that's the development agreement and everybody understands it and is happy with it. Did I misstate something? Canning: Well, I'm not hearing the same things from the two people. We are saying prior to release of any building permit that that nonconforming use should be brought into compliance. Is that what you stated? Because what I heard was that it would continue until they redeveloped that portion of the property. But what we are saying is any portion of the property, if they want a building permit, it needs to be redeveloped -- brought into compliance. Rohm: Well -- and that's the way it states in that -- on page ten is that prior to issuance of any building permit on the subject property, it has to come into compliance. Zaremba: I guess my question is compliance with what? Compliance with Meridian ordinances is obvious, but also compliance with a future right of way? Canning: Yes. Both of them. So, you would have the right of way and, then, you would have the landscape buffers. Zaremba: Okay. Meridian Planning and Zoning Commission Meeting December 16, 2004 Page 140f41 Canning: Okay. Moe: Well, not only that, you're right into the subject of the conditions of the county and lTD. Rohm: Does that all make sense to you? Huber: Yes. Rohm: Okay. I thought it did. Huber: Okay. Borup: Then, are you comfortable -- one of your earlier concerns was that the business would be able to continue to operate and I don't know if we have addressed that. Rohm: Yeah. Right. The business would continue to operate until they requested a building permit on the property and at such time that convenience store or gas station would have to cease operation. Huber: Or come into compliance. Rohm: Or -- right. Borup: But just -- has that been with -- does that handle that as being one of the conditions of the annexation or do we -- Rohm: I think by ordinance. Guenther: It would be by a development agreement. Borup: Be by which? Guenther: By the development agreement. Borup: The development agreement can handle that. Okay. That's -- I mean we need to do something more than just state it now. Okay. I'm fine. Zaremba: Development agreement works for me. Borup: And that's what I wanted clarified. We didn't need to talk about a conditional use at this, if the development agreement will handle it. Moe: And it's noted in the development agreement. Meridian Planning and Zoning Commission Meeting December 16,2004 Pagel50f41 Zaremba: So, my other question: Were you satisfied that there has been a resolution to the question about 24.20 feet of the property? Huber: Well, that's for the man in the black robe to decide, I think, the 24 feet that's in dispute. That will probably -- that will be worked out between the attorneys, between the two property owners. Zaremba: Okay. Borup: So, that was -- okay. That was a dispute between the survey and an old deed? Huber: Right. Borup: Any other questions? Huber: Thank you. Borup: Thank you. Do we have anyone else that wanted to testify on this application? Moe: Mr. Chairman, I move that we close Public Hearing AZ 04-031. Rohm: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Moe: Mr. Chairman, I move we forward to City Council recommending approval of AZ 04-031, to include all staff comments of the hearing date December 16th, received by the city clerk's office December 13th. End of motion. Zaremba: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Public Hearing: CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed- Use Regional for Ten Mile Development, LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Borup: Okay. The next item is Public Hearing CPA 04-003, a request for a Comprehensive Plan Map Amendment to change approximately 48 acres from industrial to mixed use regional by Ten Mile Development by Hansen-Rice, Incorporated. This is located at Eagle Road and Pine. I'd like to open this --