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HomeMy WebLinkAboutFebruary 3, 2005 P&Z Minutes 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 DBSI 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 we will 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 Meridian Pianning & Zoning February 3, 2005 Page 7 of 58 Hearing open and individuals may be in the audience who received the mailed notice or the published notice, if you choose to perhaps set a continued hearing for a date certain that would be after the required time for the posting, then, those who received the mailed notice and the publication notice would show up at that continued hearing. Now, if staff has another procedure that they'd like to follow -- I'm getting a nod that they prefer to do it that way. Guenther: Yeah. That is the general procedure that they are required to post the site for ten days prior to the Public Hearing and it was not posted and, therefore, we are just postponed two weeks and allow the application to adequately post the site. Zaremba: Right. Because they would have to get it posted by Monday for it to be eligible for the meeting of the 17th. Guenther: That's correct. Zaremba: Or at least the 7th. Have they indicated they can do that? Guenther: I believe they are here and I believe they have actually got the site posted today. They just missed the actual date that they needed to have it posted by. So, it's posted today. Baird: But they will need to change the date. Guenther: And they will meet their ten days for the next meeting. Zaremba: Okay. What is the date on the posted notice? The Public Hearing is open, so, please, begin with your name. Yancey: Wayne Yancey with DBSI Realty. And the date that posted is today's date. Zaremba: Okay. Yancey: That's on the sign. So, we can change that to the next date that you will have your hearing. Zaremba: So, our procedure would be to continue it to the 17th and they will change the date on the sign to the 17th. Baird: Mr. Chair, Members of the Commission, that's correct, and if we could get their commitment on the record that they would make that change, so that it -- the 17th would be on -- displayed on the sign for the required ten days, then, we would know that we are covered on that. Zaremba: If you would care to step to the microphone again and state that you will have that change made by Monday. Meridian Pianning & Zoning February 3, 2005 Page 8 of 58 Yancey: Yes, We will have that change made probably tomorrow. Zaremba: Okay. Perfect. Yancey: By Monday at least, yes. Zaremba: Thank you very much. Commissioners, I would entertain a motion. Newton-Huckabay: What do we have for the 17th? How many hearings do we have scheduled already? Zaremba: Well, that's a fairly busy day. The 3rd wouldn't be any better, though. Let's see. It looks like 13 items on the 17th, including a short presentation -- or 14, I guess, including a short presentation from Valley Regional Transit. The 3rd of March is about the same. The 17th would be just as safe. Newton-Huckabay: Okay. Moe: Are we in Public Hearing now that -- Zaremba: This is an open Public Hearing. We have discussed, now we would continue it. Moe: Right. That's correct. Zaremba: And I'm not closing. Moe: I'm not going to close anything up, but I don't -- I think the 17th would be fine with me. Do you have a problem with that? Borup: No. Moe: Mr. Chairman, I move the -- Zaremba: Commissioner Moe. Moe: I move the Public Hearing on CUP 04-055 be continued to the regular Planning and Zoning meeting of the date of February 17th. End of motion. Rohm: Second. Zaremba: It has been moved and seconded to continue this Public Hearing to February 17th. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Meridian Pianning & 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 / 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