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HomeMy WebLinkAboutFebruary 3, 2005 P&Z Minutes Meridian Planning & Zoning February 3. 2005 Page 9 of 58 Zaremba: If there is any members of the public that wish to speak on that issue, we will hear you two weeks from now. Rohm: Was there anybody signed up on that? Zaremba: No. Rohm: Okay. Item 6: Public Hearing: CUP 04-053 Request for a Conditional Use Permit for a Planned Development for a clinic I office in a L-O zone for OB/GYN Associates by ZGA Architects and Planners, Chartered - south of East Franklin Road and east of North Eagle Road: Zaremba: Thank you for asking. Okay. We are ready for the next Item 6 and I will open the Public Hearing for CUP 04-053, request for a Conditional Use Permit for a planned development for a clinic slash office in an L-O zone for OB/GYN Associates by ZGA Architects and Planners, Chartered, south of East Franklin Road and east of North Eagle Road. And we will begin with the staff presentation. Guenther: Thank you, Mr. Chairman, Members of the Commission. The site is in the Touchmark Living Center's planned development. It's for-- Moe: Excuse me. Could we speak up just a little bit. Guenther: I'm sorry. Moe: Thank you. Guenther: The Touchmark Planned Development is generally an office/medical clinic area and this is consistent with what their development plan was. This is for an OB/GYN center for -- essentially it was Lot 1, Block 2, of the development. The issue at hand is that there will be a one-time lot line adjustment that will relocate -- or that won't relocate the lot, but it will redo the legal description for the parcel and that, actually, has been submitted to Public Works and is in progress, which is one of the conditions of approval for this site. Generally, staff does not have any issues with this site that are outstanding, with the exception of the one time division must be filed prior to the site -- okay. This is -- I'm sorry here. The site here is what Lot 1, Block 2, would look like. The portion that is in question is going to be this approximately one acre right in the southwest corner of that lot and this is what the site would look like. This is the fire department's rendition where they can show that they provide services without using this access on this location, because this is longer than 150 feet and does not meet their minimum requirements, but they are within 150 feet of every site -- every portion of the building on the site. There will be compact stalls located just north of the building. This would, essentially, be a staff parking lot for the doctors that will be servicing this Meridian Planning & Zoning February 3, 2005 Page 10 of 58 site and the customer parking, handicapped parking, and access is mainly from the south portion of the building in this area. There are five parking spaces to the east of the building that will be utilized, as the applicant will probably discuss, for quick drive- ups, since this is OB/GYN, this is also emergency style deliveries, et cetera, and this is for that type of an issue. One of the conditions of approval states that if ACHD requires this access here to become a public road, then, these parking stalls must go away. Other than that, there will be an additional fire hydrant that will be located here and another one in this location, as per what the conditions of approval have stated, that were not on the plans that were submitted. And with that, staff has recommended approval of this project with the conditions stated in the report. Zaremba: There were, as I recall, sufficient parking spaces without those five. They are not in jeopardy of -- Guenther: That is correct. I believe they are required -- the applicant has proposed 68 parking spaces and the required was 53. So, if they lose those five, they are still going to have sufficient parking for the site. Zaremba: Okay. Thank you. Any other questions from the Commissioners? applicant would care to come forward. If the Scoffield: Mr. Chairman, Members of the Commission, Tom Scoffield, ZGA Architects. We agree wholeheartedly with the comments in the report and appreciate their time and consideration on this issue. We will comply with the requirement, subject to ACHD approval on those five spaces. Because of the organization of that we don't anticipate that that will become a public right of way, but in that case we will comply with those requirements. With respect to the other items, the cross-access agreement, we have filed that as of today, I understand, and I believe we do have our lot line adjustment in place. Guenther: The lot line -- I saw the lot line adjustment. I don't know what the status of it is. .It's in progress, if not completed. Newton-Huckabay: I'm just curious. Are you, actually, going to deliver babies at this facility? Scoffield: No. Newton-Huckabay: Okay. Scoffield: No. We are approximately a quarter mile away from the hospital and the intent is that the physicians will service the hospital from this facility. Newton-Huckabay: Okay. The emergency parking spaces are just -- Scoffield: Well, you don't want to be running. Meridian Planning & Zoning February 3, 2005 Page 11 of 58 Newton-Huckabay: It's been a long time. Zaremba: Anyother questions? Thank you. Scoffield: Thank you. Zaremba: We do have some people who have signed up to speak. First appears to be Jim Owenby. And I forgot to mention, when you come forward, if you would, please, begin by stating your name and address for the record, please. Owenby: My name is Jim Owenby. I live at 3359 North Montvue, the Montvue Subdivision. To be very concise, the questions that we have with this project is probably in getting it started. First of all, there is the issue of irrigation water, which is brought across the backside of that site. Could we change this map, so we can kind of look at it? There we go. Does this work? Zaremba: There should be button on it somewhere. Owenby: Oh, you got to hold it. Okay. That box -- there is a collection box about right here and runs across here and that -- this side here runs the water north to the subdivision off of here, there is a diversion that runs south and back across to the south side of the subdivision. That's a 15-inch irrigation line across there and, typically, when we get into these sites it's kind of an afterthought, realizing, oh, gosh, we have irrigation in here. I would like to be assured that that's not going to be interrupted this year before we start this project. The other concern that we have is probably the berm, which would be on the west side, which is along through here, if that would be continued from the berm that they have between the Touchmark property and Montvue Subdivision at this time. The other concern is the construction entrance, if they are going to use the old St. Luke's entrance, which is approximately just to the south of that,. or if they are going to have a lot of traffic back through our subdivision, back through Montvue Subdivision, like we had last year. And I guess the third is probably the dust abatement that they are going to handle, because Mr. Roehr and also Mr. Robinette is right next to this. That's right in their backyard, That's my main concerns. Rohm: Good questions. Owenby: Okay. Zaremba: I saw the applicant making some notes and he will address those when he comes up. Tom Scoffield is listed as next, but he has spoken and will get a chance again. Carl Woods. Woods: Carl Woods, ZGA Architects. I have nothing to add. Zaremba: Thank you. Dr. Phil Agrusa. Meridian Planning & Zoning February 3. 2005 Page 12of58 Agrusa: Phil Agrusa from OB/GYN Associates. I have nothing to add. Zaremba: Thank you. The last two speakers had checked off being in the for column and they have nothing to add in favor. Let's see. And Greg Thueson, I believe it is, also marked as for. Thueson: Yes. My name is Greg Thueson. I live 4263 Nystrom Way in Boise and I have been asked by the owner of the property in I believe the northwest corner of Montvue Subdivision to attend tonight. At the last minute he was not able to come, but, particularly for one issue and that is that he is .c this is Carl and Pam Nicolaison that own the property and they have had at one time sold a little piece off the back and retained an easement to the back of their lot .. and if we could have the aerial view a second. And what I was instructed to do is just to point out that they own this lot right there and they have an easement to what they had understood would be the roadway going along the backside of this property and so they want to make sure that they protect the easement right about there going into the back acreage behind the house that they use there. So, I would want you to know that they are encouraging the rezone and the use for what it is intended, but they want to make sure that they are protected in retaining that easement for access to their property from that particular border onto the adjoining road. Their understanding is that that would be a main road that went back to the hospital. That was their understanding. They own many properties and they apologize for not being here and I hope that I have made my comments in the direction that they would wish me to. That's alii will address. Thank you. Freckleton: Excuse me. Mr. Chair, can I ask Mr. Thueson a question? Zaremba: Yes. And I was going to, too. I'm concerned that on what appears to be the proposal, that easement doesn't go anywhere. Was that what your question was going to be? Thueson: Yeah. It will have to go to an exit outside somewhere I suppose. It's a recorded easement. Freckleton: I guess my question was is it on the Touchmark property? Does it .. is the easement .. Thueson: My understanding is it borders all of the property to the immediate east of this parcel that they own. So, yes, it is a recorded easement in the county. They have owned the property for, I believe, something on the order of about three or four years. And I hope I'm not out of line, but that's what they asked me to come and address. Freckleton: Okay. The preliminary plat that was submitted for Touchmark Plaza Subdivision by Briggs Engineering does show 20 feet adjacent to the west boundary and calls out an instrument number for a recorded document, but it is called out as a utility easement. Meridian Pianning & Zoning February 3. 2005 Page 130f58 Thueson: No. It's an access easement across -- it's an access easement to the roadway. The understanding they had was it would be roadway there. Public access. Freckleton: Okay. Thueson: That's what I have been led to believe. And forgive me if I don't have more information. Baird: Mr. Chair, Members of the Commission, if I might point out that your decision tonight on the matter that's before you will not affect whatever rights exit between the parties. So, it really is up to them to enforce the easement that they believe exists. Thueson: That's fine. Borup: And, Mr. Chairman, I don't believe there ever was a roadway in that location, though, on any other previous plats, were there? Thueson: I don't think there was -- I think it was excavated and showed originally as a construction access to the hospital when they were building at one point, but that's all I know. Borup: Right. But the existing road there -- that's there now is the only one that was ever on any of the designs. Thueson: That may be. Zaremba: I don't remember ever seeing a drawing that had a roadway there, other than construction access. Rohm: Well, an easement would show on the plat, if, in fact, it was within that property, I would think. So, maybe the easement is parallel to that west line of the property, as opposed to being included as part of the property. I don't know. But I think legal counsel spoke to it properly, if, in fact, you have an easement, then, our actions tonight won't change that in any way. Thueson: Exactly. And the Nicolaisons wanted me to convey that they are in favor of the rezone, they think that's a good thing, but, you know, I'm thinking that they are assuming that the main road entry to that was coming right up along the side of their property and that was going to be one of the accesses. So, they just want to make sure they retain that easement and ability to access their parcel there. Thank you. Zaremba: Okay. That concludes everybody that signed up. Is there anybody else that cares to step forward and make comment? We will turn it over to Mr. Scoffield again. Meridian Planning & Zoning February 3. 2005 Page 14 of 58 Scoffield: Tom Scoffield again. I picked up two comments that I just choose to respond to or -- and maybe I didn't write notes quite quick enough. With respect to construction access, both the developer and ourselves would not find it desirable to access the site through Montvue Subdivision and we can work with our contractors to stipulate that. Insofar as the collector box and irrigation is concerned, as far as we are aware that is actually off our site and it has not been reflected in any grading, drainage plans that we have seen to date. My suspicion is is that it's just a little bit further to the eastern portion of the site -- and perhaps maybe we flip to the site plan. I'm just guessing that that occurs up here and beyond. I will certainly contact Touchmark and bring that up with their civil engineers and get that responded to. But I don't believe that impacts our site. With respect to the berm -- Zaremba: On the -- still on the irrigation subject, just to clarify, regardless of where you find that it is, that the rules are that you need to end up with delivery in the same quantities and the same location -- Scoffield: Understood. Zaremba: -- to the neighbors. Okay. Borup: Mr. Chairman, then, they also -- the testimony was that one of the ditches crossed this property. Are you aware if that is the case? Scoffield: I have walked the property and not seen a ditch. At this time the site is being utilized as a construction parking lot, by and large, and I'm not aware of an irrigation ditch, at least insofar as the boundaries of this site. Borup: Of this particular site. Scoffield: It's, actually, a fairly large site. We are talking about one acre. The composition of the site is, I'm guessing, on the order of seven acres. Guenther: Mr. Chairman, may I just -- I just -- I pulled up the other plat here. The 15- inch irrigation comes in at this location, comes across, and down the border of Lot 1, Block 2. The site in question actually is a portion of that, which is here, and Mr. Scoffield is correct that the 15-inch does not affect this site. Actually, it's in the right of way. Borup: So, it's on the parcel that's outlined in black, but this site is just in the corner of that. Guenther: Once they do their one -- once they do their lot line adjustment, it no longer will affect this parcel. Zaremba: Okay. Which means that nothing that this project is doing changes the traditional delivery from the way it was, if I'm understanding correctly. Meridian Planning & Zoning February 3. 2005 Page 150f58 Borup: But as was stated by the Chairman, the delivery still will need to stay in place. The water will still be delivered. On any future development, too. Scoffield: The third item I picked up was the berm. It's our intent to leave the berm to the greatest degree that's possible and if you could flip to the site plan. The berm, apparently, extends sort of in this area. Obviously, with the building we are going to be removing a portion of it to level the site. To the greatest degree possible we are protecting it and leaving it in place. There -- as far as the footage goes, I think that we will probably lose on the order of 18 to 24 inches in this portion right along here. That is the length and breadth of it. I was just looking at the grading and drainage plans this morning. And it's our intent to maintain that. We consider that a benefit to our site and a benefit to our project and something that the users are looking forward to enjoying. Moe: The only other issue he had brought up was the dust abatement. I anticipate, then, on your plan you may make a note that the contractors are responsible for taking care of that? Scoffield: I would be pleased to, along with all our other environmental integrations. Moe: Okay. Zaremba: Any other questions from the Commissioners? Staff? All right. I guess we are ready for discussion. Thank you. Scoffield: Thank you. Zaremba: Any discussion, Commissioners? Rohm: No. I think it's pretty straightforward. I don't have any additional comments. And with that being said, Mr. Chairman, I move we close the Public Hearing on CUP 04- 053. Moe: Second. Zaremba: It's been moved and seconded to close the Public Hearing. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Commissioner Rohm, you appear to be ready. Rohm: Well, I guess so. Mr. Chairman, I move that we forward to City Council recommending approval of CUP 04-053, to include all staff comments, dated January 31 st, for the hearing date February 3rd, and I don't think there is any changes, so end of motion. Meridian Planning & Zoning February 3. 2005 Page 16of58 Moe: Would you say those dates again? Rohm: The transmittal date of January 31 st, 2005, for the hearing date of February 3rd, 2005. Newton-Huckabay: My transmittal date is January 4th. Moe: I have a 4th date also. Rohm: I have January -- I may have the wrong one. I do. Excuse me. Excuse me. For the transmittal date January 4th, 2005, for the hearing date of 2000 -- February 3rd, 2005. Moe: I will second that. Zaremba: Okay. It's been moved and seconded. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Rohm: Good catch, Dave. Item 7: Public Hearing: RZ 05-001 Request for a Rezone of .249 acres from R-8 to O-T zone for Robert Monson by Robert Monson - 829 North Meridian Road: Item B: Public Hearing: CUP 05-001 Request for a Conditional Use Permit for an office / retail use in an 0- T zone for Robert Monson by Robert Monson - 829 North Meridian Road: Zaremba: Next I will open two related public hearings, Items 7 and 8 on our agenda, RZ 05-001, request for a rezone of .249 acres from R-8 to OT zone and Public Hearing CUP 05-001, request a Conditional Use Permit for an office/retail use in an OT zone. Both of these are for Robert Monson by Robert Monson, 829 North Meridian Road. And we will begin with the staff presentation. Wilson: Thank you, Chairman Zaremba, Members of the Commission, the Robert Monson rezone and Conditional Use Permit is located at the southwest corner of East Pine Avenue and North Meridian Road. The applicant is proposing to rezone the property from R-8 to OT, Old Town. The applicant proposes to convert an existing residence to 599 square feet of retail and 800 square feet of office space. Some key considerations for the proposal are parking and Meridian Road right of way. The parking -- I will note that the applicant did submit a revised site plan at the beginning of the hearing. I will just switch to that now. The applicant has added an additional parking space to the -- to the lot at the west end of the building there adjacent to the