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HomeMy WebLinkAboutFebruary 3, 2005 P&Z Minutes Meridian Planning & Zoning February 3. 2005 Page 2 of 58 MOTION CARRIED: All AYES. Item 4: Continued Public Hearing from January 6, 2005: PFP 04-008 Request for Preliminary/Final Plat approval for 4 building lots on 8.02 acres in an 1- l zone for Nola Subdivision by Bergey land Surveying - SWC of East Pine Avenue and North Nola Road: Zaremba: All right. And with that we are beginning the Public Hearing portion of our meeting this evening. let me make a comment about procedures for our public hearings. The applicant in each case and the professional staff of the Planning and Zoning Department have spent quite a bit of time together on each of these issues and we will begin our meetings with a presentation from our own professional staff telling us where the project is and what it is and any issues that are outstanding that need to be resolved. That will be followed by a discussion from the actual applicant. And, then, it will be the turn for the general public to speak. We do ask that you limit the amount of time that you speak and we actually have a timer that will allow you three minutes. This is so that our meetings don't end up going until 1 :00 o'clock in the morning. We know that many of you are not accustomed to public speaking, but we do ask that you do come to the microphone, If you thought it was important enough to come down tonight, it's important enough that we hear it and that our recorder hear it. So, please, speak only when you're at the microphone and don't be afraid to speak up to make sure that we do hear you. We also -- if there is someone who is a spokesman, for instance, the president of a homeowners association, we allow them more time if there are other people in the audience that say that so and so is speaking for me. And if somebody identifies themselves as a spokesman for a group, we may ask how many other people they are seeking for. We also appreciate it if somebody before you has made the points that you wish to make, it's always appreciated if you say I agree with Joe, he said everything, and, then, if you want to clarify another point or two, that's fine, but you don't need to repeat everything that you have identified somebody that already said it. Then, at the end of the public testimony portion, the applicant, actually, will have another opportunity -- we ask them to take notes while people are speaking and come up and respond to questions that have been raised and clarify anything they can clarify at that point. Then, there will be some discussion among the Commissioners and the end result is a recommendation that we make to the City Council about whether they should approve or deny the application. Zaremba: That being said, we will proceed with Item 4 on the agenda and we will reopen the continued Public Hearing of PFP 04-008. This is a request for preliminary/final plat approval of four building lots on 8.02 acres in an I-l zone for Nola Subdivision by Bergey land Surveying, southwest corner of East Pine Avenue and North Nola Road. And we will begin with the staff. Wilson: All right. Thanks. Thank you, Chairman Zaremba, Members of the Commission. The application before you is a preliminary and final plat for Nola Subdivision. It consists of approximately eight acres at the southwest corner of North Nola Road and East Pine Avenue and it is an application for a four-lot subdivision, Meridian Planning & Zoning February 3. 2005 Page 3 of 58 which is eligible under the preliminary/final plat to be heard at once. This item was first heard at the December 2nd, 2004, hearing and was continued at that hearing and at the January 6th, 2005, hearing for the applicant to get the Planning and Zoning Department some -- a revised plat and also a revised landscape plan that met the requirements of the code. Some key issues I will touch on are the -- the extension and development of locust Grove Road to the west of this subdivision. It is in ACHD's five-year work program and it is anticipated to be five lanes from Franklin to Fairview, which does run through this -- run directly adjacent to this project. It will be a 96-foot right of way with curb, gutter, sidewalk and bike lanes. They are -- ACHD is also improving the -- and widening the intersection of East Pine Avenue and locust Grove Road and part of the revised -- the revisions to the plat that we did need from the applicant were due to some changes by ACHD and the applicant has made those changes and got that revised plat to us. The north three lots, lots 1, 2, and 3, will access East Pine Avenue. ACHD has approved one access for the three lots, so one of the conditions of approval is that the applicant report a cross-access agreement, so all three lots do have access to East Pine Avenue. lot 4 is an existing business. It's Oak Harbor Freight Trucking Company that has been there for several years. It was determined that this lot was split without going through the subdivision process when this Oak Harbor Freight parcel was sold off and. now that's why it's included in the subdivision that you see before you tonight. Some more issues just to touch briefly on. The City of Meridian's Comprehensive Plan map does show a multi-use pathway along the east side of this development along North Nola Road. Recently -- through recent developments locust Grove is going to be extended to cross the railroad tracks. Union Pacific is taking away the Nola crossing in order to grant the locust Grove crossing. Nola will be cul-de-sac's on either side of the railroad, so as a result we do lose a crossing for that multi-use pathway on Nola. Staff anticipates that that will move over to locust Grove and, then, along East Pine Avenue along the north -- the northern portion of this development to -- to meet where it would have gone previously and maybe we can -- where North Nola Road -- and I wish I had a laser pointer, but -- that will work. Thank you. Where the path was originally shown to go along North Nola Road and make a connection at this point and go out like that, staff anticipates that that will shift over to locust Grove and across East Pine to make that same connection. Along those lines, we have asked, as a condition of approval, that the applicant provide an easement and I do have a change to the wording of that condition after conferring with city's legal staff. Site specific condition number six reads that the City of Meridian reserves the right to acquire a permanent pedestrian easement in favor of the City of Meridian. City legal staff did recommend that that condition be changed to read that the applicant is to execute a blanket easement to provide -- on the subject property -- to provide an easement on the subject property of sufficient width to cover a ten foot wide pathway along locust Grove Road and East Pine Avenue. Basically, the situation is we -- we don't really know where that path is going to end up at this point, but we would like to protect the City of Meridian's ability to develop that path in the future and so we are asking that as a condition that that easement be placed on the property and at such point when it's determined where that multi-use pathway will go, then, we will negotiate with the applicant to get that easement and it will be of only sufficient width to cover the ten foot pathway, where ever it is located. Another issue -- the City of Meridian's landscape ordinance does require a 25-foot landscape buffer Meridian Planning & Zoning February 3. 2005 Page 4 of 58 along locust Grove and a ten-foot landscape easement -- or buffer along North Nola Road and that does apply to the entire subdivision along its boundaries. We would ask that the applicant revise the plat to extend the shown landscape easements, which stop at the boundary to lot 4. We would ask that those are extended to the southern boundary of lot 4 on both sides. And also on the -- the submitted landscape plan, we do require a couple of changes. One is the removal of a conifer from the street buffer, which is prohibited by Meridian City Code and also it was found that there needs to be four additional trees along North Nola Road in the street buffer to meet Meridian City Code requirements. The applicant is also required to submit CC&Rs for the subdivision prior to the City Council hearing that detail their responsibilities for the maintenance and landscaping -- the maintenance and landscaping of the common and parking and drainage areas or the establishment of a business owners association. And with that I will end staff's comments. Zaremba: Any questions from the Commissioners? I would have the record show that Commissioner Keith Borup has joined us. We are all here. All right. We are ready for the applicant to speak. Comish: Mr. Chairman, my name is Angela Com ish, I'm, actually, the civil engineer for this project. Bergey land Surveying couldn't be here tonight, so I'm representing them, as well as myself. And we have read through the staff report and we are in full concurrence of what they require. We have no problems with anything they ask for and we just appreciate your patience with all the problems that we have had to go through with ACHD and these changes. So, if you have any questions for me, let me know. Otherwise, I will sit back down. Rohm: That's pretty easy. Thank you. Zaremba: Thank you. Was there a resolution to the question about irrigation water being supplied by city water or does that not need to be resolved until it gets to City Council? Comish: We did talk about that and Bruce can give you his input based on what I told him. Freckleton: Mr. Chair, Members of the Commission, basically, the ditch that serves this area is sporadic -- the flows are sporadic. The irrigation district -- Comish: Wouldn't lay claim to it. Freckleton: Yeah. It's a users lateral ditch and so, basically, what I asked Angie to do was to get me a letter from the irrigation district -- and I believe I have that in my file. We have had a lot of water under the bridge since then, but I think you gave me that. The City Council is the one that is going to have to make the -- you know, grant the waiver for going to city water on this, in lieu of surface irrigation water. Standard condition when the city does allow city water to be used for irrigation is that the Meridian Pianning & Zoning February 3, 2005 Page 5 of 58 applicant would be subject to paying well development fees and we would calculate those based on City Council's decision. If they go that direction, we will calculate those fees and they would be subject to those. Zaremba: Thank you. Com ish: We would have loved to have used that water. The guy just said I can't guarantee that you're going to have it all the time, so you will have to put in a dual system, you know, for city water and for that and it's like, oh, my gosh, that was just cost prohibitive, so we passed that on and thought that was reasonable, so -- Zaremba: Thank you. We have no one signed up, but that doesn't stop you from speaking if you care to address this issue. It is a subject that we have talked about before, so this is not new to us. I would only comment that when we are ready for a final motion, that we should reference the drawings that were received by the city clerk on January 20, 2005. I would be ready for a motion, if there is no discussion. Rohm: Mr. Chairman, I move that we close the Public Hearing on PFP 04-008. Moe: Second. Zaremba: It's been moved and seconded to close the Public Hearing. All in favor say aye. Anyopposed? The Public Hearing is closed. MOTION CARRIED: All AYES. Zaremba: Any further discussion, Commissioners? Comments from the staff? None? Newton-Huckabay: Do we have to restate number six? Rohm: I was going to ask that same question. Could we just use Josh's interjection and just replace that as part of number six, rather than have to restate it ourselves? Could we do that? Zaremba: As we are preparing to make the motion, I probably would ask him to read it again now. Wilson: Okay. And I will try not to butcher it so bad this time. Zaremba: And, then, we will incorporate that as part of the motion. Baird: Mr. Chair and Members of the Commission, I'll actually be happy to take a stab at that, since I was the one that proposed it. And if you do find it acceptable, if you would just simply state item number six as revised by staff that would be fine. So, item number six is proposed to read: Applicant to execute a blanket easement to provide a permanent pedestrian easement in favor of the City of Meridian on the subject property Meridian Pianning & Zoning February 3. 2005 Page 6 of 58 in the future of sufficient width to cover a ten foot wide pathway along locust Grove and East Pine Avenue, end of quote. And if I could just add, since I have the floor, the reason that we are proposing a blanket easement, as staff has already stated, is we can't specify the exact location at this time, we just want everyone to be on notice that when the road comes through that we have got that in our favor. That's why it's proposed that way. Zaremba: Thank you. Rohm: Much better stated than I could have I'm sure. Okay. With that being said, Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we forward to City Council recommending approval of PFP 04-008, including all staff comments dated January 31st for the meeting date of February 3rd, 2005, including the plat received January 20th, 2005, with the following changes: On page five of the staff report, item number six will be replaced by staff comments read just previous to this motion. End of motion. Moe: Second. Zaremba: It's been moved and seconded. All in favor say aye. Any opposed? The motion carries. MOTION CARRIED: All AYES. Item 5: Public Hearing: CUP 04-055 Request for a Conditional Use Permit / Planned Development for office, retail and daycare uses in an I-l zone as required by CUP 04-009 and a request for a building height modification from the previously approved 40-feet to 52-feet for CBSI Realty Corp. by DBSI Realty Corp. - north of West Overland Road and east of South Linder Road: Zaremba: I will open the Public Hearing for CUP 04-055. This is a request for a Conditional Use Permit planned development for office, retail, and daycare uses, in an 1- l zone as required by the CUP 04-009, and their request for a building height modification from the previously approved 40 feet to 52 feet for DBSI Realty Corp by DBSI Realty Corp, north of West Overland Road and east of South Linder Road. And wewill begin with the staff presentation. Guenther: The applicant did not post as required, so we will not hear this one tonight. We don't have the appropriate posting, so -- Baird: Mr. Chair, if I could make a suggestion and I will ask for staff to chime in here as well, since I may not be familiar with your procedures, but since you have the Public