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HomeMy WebLinkAboutTen Mile Development RZ RZ 04-017 MERIDIAN PLANNING & ZONING MEETING APPLICANT Hansen-Rice. Inc. February 1 7. 2005 ITEM NO. 7 REQUEST Continued Public Hearing from January 20. 2005 - Rezone of 61.63 acres from -L & L-O to C-G zone for Ten Mile Development, LLC - SWC of North Eagle Road and East Pine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See previous Item packet / minutes CITY PLANNING DIRECTOR: CITY ATTORNEY ~e.L. urJotul rYttmo (;J -17 . CO fV1f,rv/'. I ) N f'J1.. n{ûV~ f\r\~ C/{v ~ CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Staff Initials: Materials presented at pubic meetings shatl become property of Ihe City of Meridian. Phone: Emailed: Memo To: P&Z Commission RE C E IVED FEB 1 I, 2005 CITY OF MERIDIAN CITY CLER:< OFFICF From: Brad Hawkins-Clark, Principal City Planner Bruce Freckleton, Development Services Manager CC: City Clerk, Glenn Walker (Hansen-Rice, Inc.) Date: February 14, 2005 Re: Ten Mile Development (RZ-04-017, CUP-04-051) - Amended Conditions At the January 20, 2005 hearing, the Commission continued the two subject applications to the February 17, 2005 meeting for the purpose of receiving a revised conceptual layout for the CUP/PO application. On January 28th, staff met with the applicant to review their new concept and to discuss the "Special Considerations" listed in 1/18/05 staff report (pg. 16). These areas of concem inciuded: 0 Commercial Court ingress/egress easement 0 Project amenities 0 General site design issues (6) 0 Fencing In addition, the Commission asked the applicant to address the following issue as part of their re-submittal: 0 Consider relocating the major anchors currentiy at the rear of the site closer to Eagle Road The applicant addressed each of these areas in their "Option A" concept, which was submitted to the P&Z Commission last week. We spent quite a bit of time discussing the "Main Street Boulevard" concept of their plan. Staff supports the general design concept. Our main concem relates to protecting the pedestrian-oriented atmosphere if the existing Commercial Court is connected to Eagle Road and how that relates to truck deliveries, etc. We also believe that 2-story construction within this Main Street Boulevard area is fundamental to its success as a pedestrian mall-type area. Below are staff's revised comments and conditions for the Rezone and CUP/PO applications (underline represents new additions/conditions with this memo): REZONE COMMENTS & DA CONDITIONS 1. /\eeliGatiElR COFFeGtieR: TAO Rezene appliGatien aRG map GO Rot r:ecognize that ther-e is a one (1) aer:e seetioR of tho swGjeGt property IMr:eRlly zeRBe L 0 (Limitea Of:lice). TAis 2. 3. . Page 2 lane was FezoneG fFElR11 L te L 0 iR 20Q2 (OrGiAaReEI Ne. G2 945), iRtenGee te !¡eooR1e a FAOGiool oliRio. If the P&Z CoR1FAissicm F800FAFAOAÐS aet3r-'3'ÆI of tAG r&zene to Citv CouReil; tAB aoelioation aRG aublio RotiÐe FAust be oorFoGleG te r:eflec:-t tAG ReZ-ClRe of this 1,¡" OOFe fr-oFA L 0 te C G aRd sloJbtroÐt this aÐFElaae frOFA the I L aer-eaqe. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. Prior to the Rezone ordinance approval, the property owner shall be required to enter into a Development Agreement (DA) with the City of Meridian as a condition of rezone. The DA shall require that: . Uses shall be restricted to those allowed in the C-G zone and as agr-eecl IoJpon Guring tho ploJbliÐ heaFings for File CUP 01 Q§1 follows: The developer shall be reQuired to incorporate some professional office or non-retail use in the development. No more than 300.000 souare feet of retail use shall be constructed before the deveioper receives detailed CUP approval to demonstrate compliance with this condition. The Zoninq Administrator is qranted authority throuqh this DA to determine whether a future use and/or site plan complies with the intent of this aqreement All future uses within the property boundaries shall be required to obtain detailed Conditional Use Permit approval. . Based on the submitted Traffic Impact Study, a continuous right-turn lane is needed on Eagle Road for the proposed access points. ITD should require a turn lane for any access that is approved on Eagle Road, and should acquire sufficient right-of-way for those and any future improvements. The developer shall submit written verification from ITD that this cond~ion is complied with at the time of the first detailed CUP application on the site. A maximum of one (1) riqht-in/riqht-out access to Eaqle Road is permitted (in addition to the existinq E. Pine Ave access). All access on Eagle Road shall be restricted to right-inlright-out operations only, and that medians be installed in Eagle Road to restrict the access points, including the Commercial Court access. . Prior to any clo'l-elepFAent al3plieations detailed CUP application being approved on the property, the owner shall provide written documentation to the City that all parcels currently using Commercial Court to access Eagle Road have relinquished their right to Commerciai Court and will be provided appropriate access to the public street system. . The current layout of the site requires trucks to access Eagle Road to serve the proposed uses. The applicant shall re-design the site to eliminate the need for Eagle Road access for trucks. All roof-mounted HVAC and other mechanical equipment shall be screened so as not to be visible from either Eaqle RoadlSH 55 or E. Pine Avenue abuttinq the ~ 4. 5. . Aliloadinq docks. compactors. emerqencv qenerators. trash collection. outdoor storaqe or similar facilities and functions shall be incorPorated into the overall buildinq and/or landscape desiqn so that the visual and acoustic impacts of said functions are minimized. Any existing domestic weils will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8, when service becomes available to this site. Wells may be used for non-domestic purposes such as landscape irrigation. All irrigation ditches, laterals or canals, exclusive of naturai waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to. the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 6. Any future subdivision, uses and construction on this property shail comply with the City of Meridian ordinances in effect at the time. SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/PD) 1. All conditions of the accompanying Rezone application (including the Development Agreement) shall aiso be considered conditions of the Conditional Use/PO application. 2. The Conceptual Master Site Pian labeled "Option A" (updated 1/31/05 bv Hansen- Rice. Inc.) is herebv approved. with the followinq modifications: a. Increase the amount of outdoor open space/patio area around the hotel site; b. Clearlv depict/label the continuous pathwavs throuqhout the site; c. Identifv the proiect phasinq plan on the face of the Master Site Plan; d. Per MCC 12-13-11-2.B.. provide a minimum five (5) foot wide landscape strip alonq the entire south propertY line; 3. Prior to the first detailed CUP application beinq submitted. the appiicant shall submit an easement or other leqal document that preserves the area between the UPRR riqht-of- wav and the main street boulevard area as a public pedestrian area to allow for use of the potential transit station. Coordinate said document with the Planninq & Zoninq and Leqal Department staff. 4. No new buildings are approved for construction under this conceptual CUP/PO application (Fiie No. CUP-04-051). Ail future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building penmit. ePage3 5. 6. 7. The develo~er shall be resconsible to create a sYStem for trackina all required carkinç¡ and aDen s ace throuahout the course of the develocment and submit an ucdate with each Certificate of Zenina Comcliance. MCC 12-13-11-2.B reouires a five (5) foot minimum cerimeter landscace stric alona the south crocertv line. No landscacina is Provide at least two amenities, as approved by the City Council, for the Planned Development. The Plannina & Zonina Commission recommends the followinç¡ amenities be required of the develocer. a. A minimum of 10% of the aross area of the site (or 6.2 acres) shall be imcroved as aDen scace at site build-out. exclusive of the Eaale Road and E. Pine Avenue street buffers. This aDen scace mav include all outdoor catio/claza areas that are bevond the standard 5-foot sidewalk required bv Meridian City Code. b. A minimum 1 O-foot wide muiti-use cathwav that aeneraiiv extends from the northwest comer of the site to the rail transit station in the southeast corner. c. If the deveiocer constructs or costs surety for the future bus stoc on E. Pine Avenue, this shall be deemed a croiect amenity. 8. Off-street parking shaii be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. All vehicular use areas shall be paved in accordance with Meridian City Code. 9. Underground year-round pressurized irrigation must be provided to ail lots within this development (MCC 12-5-2.N). The applicant has not indicated who will own and operate the required pressurized irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer wiii be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to ail landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. 10. Unless a waiver is specifically granted by City Council, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or laterai users association, with written confirmation of said approval submitted to the Public Works Department. 11. Aii fencing shall be installed in accordance with MCC 12-4-10. If no permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. ePage4 12. 13. 14. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into suñace water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. The applicant will be responsible to construct the water mains to and through this proposed development (looped). Project designer to coordinate main sizing and routing and new easements with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". 15. A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping shall be submitted to the City Clerk's office at least ten (10) days prior to the next public hearing for this application. 16. The applicant shan coordinate the location and design of trash dumpsters with Sanitary Services Company (SSG) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit a revised site plan. stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 17. No building or other structure shan be erected, moved, added to or structurally aitered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 18. An required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonm of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 19. This conditional use penmit shan be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. . PageS GENERAL REQUIREMENTS (CONDITIONAL USE PERMtT/PD) 1. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 2. 3. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCY/DEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS 1. 2. 3. All Fire Department Connections (FDG) must be within 100 feet of a fire hydrant. Applicant shall comply with Appendix D of the International Fire Code for access to all building walls with a height of 30 feet or greater (including parapets). It may be necessary to increase fire iane widths to 26 feet. Applicant shall coordinate with the Meridian Fire Department and prepare an addressing plan for the site. 4. All driveways located behind buildings (as depicted on the conceptual site plan) shall be posted as "No Parking." 5. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 6. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. b. c. d. Fire Hydrants shall have the 4 Yo' outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any verticai obstructions to outlets within 10'. e. f. 7. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. . Page 6 8. Provide a 20' wide fire lane for all intemal and external roadways. 9. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 10. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 11. Fire lanes and streets shall have a vertical ciearance of 13'6". This includes mature landscaping. 12. Commercial and office occupancies will require a fire-flow consistent with the Intemational Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 13. Maintain a separation of 5' from the building to the dumpster enclosure. 14. An portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 15. Fire Sprinklers will be required for all buildings associated with this project. 16. Provide exterior egress lighting as required by the International Building & Fire Codes. 17. Provide a Knoxbox entry system for the complex. 18. The fire department requests that any future signalization installed as the resuit of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 19. No Parking signs and painted curbs will be required for an Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". 20. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. SANITARY SERVICE CO. CONDITIONS 1. SSC has no comments related to this application at this time. PARKS & RECREATION DEPARTMENT CONDITIONS 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. . Page? 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. . Page 8 Meridian Planning & Zoning January 20. 2005 Page 8 of 72 several other people. An obvious example would be the president of a homeowners association and they can come up and say I'm speaking for ten or 12 other people who aren't going to speak, we also give that kind of a representative quite a bit of extra time to state what they have to state. After the general public testimony, we will, then, ask the applicant to come back again and to have taken notes while you were speaking and to fix anything that can be fixed, clarify anything that they can clarify. And then, after that we will have our discussion and, hopefully, conclude with a recommendation that we will make to the City Council. So, that's pretty much the procedure. Item 5: Item 6: Item 7: Continued Public Hearing from December 16, 2004: 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: Continued Public Hearing from December 16, 2004: RZ 04-017 Request for a Rezone of 61.63 acres from I-L & L-O to C-G zone for Ten Mile Development, LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Continued Public Hearing from December 16, 2004: CUP 04-051 Request for a Conditional Use Permit for a Conceptual Planned Development for commercial/retail uses for approximately 615,430 square feet of building areas in a proposed C-G zone for Ten Mile Development, LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Zaremba: And let us begin this evening with Item 5 and we have three similar items in a row, but at the moment we are only going to open the Public Hearing on Item 5, which is a Comprehensive Plan amendment, because the decision on that will impact six and seven very much. So, we, actually, will deal with one of them first and depending on the outcome of that we will deal with the other two. So, I am opening 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 Incorporated, southwest corner of North Eagle Road and East Pine Avenue and we will begin with the staff presentation. Hawkins-Clark: Thank you, Chairman Zaremba, Members of the Commission. Since you have just this CPA item open, I will go ahead and just touch on a few of the outstanding items that we talked about at the last meeting, rather than going into the full explanation, the background, since you did receive that last time. One of the -- there was a couple of items that came up at your last hearing. You did receive testimony from David McKinnon, who is representing the applicant in this matter, and from Mr. Mike Ford, who -- both of those gentlemen raised one question about the subdivision to the north. As you may recall, I had testified that I did not believe that there was office or non-industrial uses that were permitted and I did generate a memo for you about a Meridian Planning & Zoning January 20, 2005 Page 9 of 72 week and a half ago. Did you receive that? Okay. And, again, we are talking about this -- this subdivision that is identified here where the arrow is at right now. Again, the property -- overall just a little over 60 acres that's outlined in red is the subject of the Comprehensive Plan amendment application. As you can see, it does have a mixed use regional on the frontage on Eagle Road and an industrial designation on the back, so as you read in the memo, I won't go into that. Yes, there are office -- professional office uses that are permitted up here with a kind of interesting requirement that was placed in '91 that said that the city staff and City Council will have design review authority. So, I think some of that remains to be seen, but I think given that Pine is intended to be five lanes at that location, you can expect that there will probably be some fairly very high quality construction buildings there fronting on Pine. You also received testimony last meeting from Mr. Marv Jensen, who was representing RC. Willey. He had expressed primarily concern about traffic and traffic mitigation along the Eagle Road corridor. You should have received a final staff report from Ada County Highway District. Their commission acted on this matter last Wednesday, the 12th of January, and they did approve the project with a number of conditions and, of course, they do not have full authority over Eagle Road in this area, but they did make some special recommendations to the city and lTD. We also received a letter from ITD that -- let's see if I can give you a date on that. December 17th, 2004. That was sent to Will Berg, city clerk, and they stated in that letter that no direct access will be allowed to Eagle Road. They mentioned a couple of other items there regarding noise abatement, but -- so just in terms of the testimony from Mr. Jensen about traffic and those other items, that there have been some items into the record since the last meeting on traffic. There was some direction given to both staff and the applicant last meeting on I think two main items. One was encourage the applicant to look at some other potential areas. If you approve this application tonight, it would remove approximately 60 acres of I-L zoned land and the question was posed I think by Commissioner Zaremba is there other locations that that could possibly -- we could possibly look at and staff, with the expert help of one of our new staff, Joe Guenther -- let's see, I'm going to have to place this up on another -- unless you have excellent excellent eye sight, we are going to have to get this projected in another manner. Anyway, while they are -- other staff is getting this maybe in a way we can zoom in on some of that, I'll just go on. Basically, this map kind of outlines what properties in Meridian are currently zoned industrial and have services and, then, which properties are designated for industrial in the future and gives you a little bit of sense there, so I think one other item that was discussed briefly had to do with kind of this issue of a discrepancy between the assessment -- the assessed value in the land use and I guess, frankly, we -- you know, at staff level, obviously, we are going to use the assessed value and the total valuation of the property is something that the applicant submitted to you some of the Ada County assessor sheets that kind give you a summary of both of the legal parcels that are the subject of this application and, you know, we are not tax experts, you know, at staff and in terms of the assessed value, I think the main thing I would add to that is that while the valuation may have some bearing in terms of the marketing, I think that one of the charges for the Planning and Zoning Commission through both the state land use planning act and the City of Meridian ordinances, you know, is to look, you know, kind of at this broader vision and certainly while we don't want to zone or plan properties that Meridian Planning & Zoning January 20, 2005 Page 100172 are going to make them completely infeasible to build, I don't think staff is convinced thqt it would be the primary reason for a denial or approval, for that matter. So, I think -- let's see. Do you think that one is easier to read or the prior one? Yeah. That doesn't - - we'll have to move that one around. Okay. The colors aren't coming out real clear, but as you can see, there are some red parcels, some yellow parcels, some blue parcels, and some purple ones. The red ones are vacant parcels that are zoned I-L today, which you could assume, for the most part, have services that are greater than ten acres in size. And, again, that's the red. And there are -- there is 339 acres total, if you add those together. And, as you can see, they are kind of grouped in three areas, one over here on the west side -- or, I'm sorry, east side. Jabil is this large one here. Here is 1-84 coming through here. On the south side of the 1-84 -- again, this is -- will be Overland Road on the south side. There are a couple of parcels there, kind of between Western Electronics and Bodily RV, so you have a couple of I-L zoned parcels there. And, then, on the north side of Franklin Road. The yellow -- the yellow outlined parcels are the parcels that are also in the city limits zoned -- zoned I-L, but are greater than five acres. And, then, the blue area, which this wastewater treatment plant area is not designated industrial, but it does allow for some industrial uses, so these are -- the blue ones again, are not annexed, not available today with city services for the most part, but are designated for industrial in the future and they are -- the ones that are greater than five acres, there is 377 acres of those. So, the total -- if you add up all the industrial property -- excuse me --approximately 1,120 acres throughout the entire city. I think the point of this map is just to show you also that if you remove idle land, there is a choice that's being made -- yes, there are other properties available today, for example, a . large industrial user has some options available, if you remove this Elixir property, which is what you're deciding tonight. If you remove the Elixir and you remove the Jabil site, which, of course, does have a structure on it today that would probably provide some limitations, depending on what your type of use is. I mean unless you're high tech, you know, it would be a pretty extreme adaptive reuse of the property. But if you - - if you removed both of those, then, you're down to 233 acres of I-L in the City of Meridian that would be, essentially, available for service today. So, I think, basically, that's just the facts. There is not necessarily an argument one way or the other behind that. I mean I think staff is interpreting that certainly to be that if you have -- if you are looking for the community to be self-sufficient across the spectrum in terms of all industries and you want potential employers to have options to come in today without having long waits or having to put in large amounts of utilities and facilities to make their parcel usable, if you take -- you know, if you take a ten acre -- you have 233 acres. Now, if you want larger parcels than that, obviously, you get pretty limited, as far as what -- you know, if they need a 20 acre or a 30 acre -- of course, that number goes down in terms of the available supply. I think with that I'll just -- I'll go back to the other presentation. I think the remaining items have to do with the rezone application and the Conditional Use Permit application, both of which are pretty dependent on your decision on the Comprehensive Plan Amendment. Should you choose to approve that, there was -- in terms of the response .- the written response, I think from -- the letter from Dave McKinnon was largely dealing with those other two applications, so until you open those hearings, I guess I'll just end my comments there on the Comprehensive Plan amendment. Meridian Planning & Zoning January 20, 2005 Page 11 0172 Zaremba: Commissioners, any questions? Once, again, your work has been very thorough. Having to sort through -- it isn't always obvious when you look at something and say, well, it's zoned this way, your research into what kind of overlays are on it and underlays are on it and development agreements have been made about it and finding some obscure document from, what, 15 or 20 years ago, that's a lot of work on your part and we appreciate that and you always write up a report that makes it clear to us, so -- would you identify, since there are three existing, I recall, different zones on this piece of property now that we are discussing changing, maybe just outline with a pointer where each one of those pieces is, the current configuration. Hawkins-Clark: Sure. Yeah. Again, this map, unfortunately, doesn't show it, but this is the I-L zoning. There are only two zones on the property. The other one is a small little -- that's going to be hard to read, isn't it. I need two hands on that thing. There we go. There is a limited office, an L-O, one acre, that was zoned out of that comer for a Primary Health facility that was never built, but the zoning did go through. Zaremba: So, the whole rest of the property is currently I-L and the mixed use is just an overlay? Hawkins-Clark: Correct. Yeah. The mixed use is a designation on the future land use map. Zaremba: And is the -- the mixed-use part of it is not the entire piece of property; is that correct? Hawkins-Clark: Correct. Correct. The mixed use is this brown area here. And if I could just -- I mean I guess one clarification on that. I think this Commission, for the most part, has seen -- when you have seen a property come to you that has a mixed- use regional designation, I believe they haveall received a C-G zone. For example, the Eagle Road Ustick intersection where Mr. W.H. Moore -- Winston Moore and others have come in, those are all mixed use regional and did come in with CoG. The Comprehensive Plan by no means says that these have to be C-G. It does allow for some, you know, light manufacturing and other uses that, you know, could generally be designed to be compatible and so just for clarification I don't think that the intent of the mixed use regional policy in our Comprehensive Plan is -- if it says mixed use regional, it has to be C-G zoning. Yes, that's what they are asking for and, yes, I think that would be a compatible zone, but does it mean that they -- that the C-G zoning is the only one and you need to do retail to really meet the intent of the mixed use regional, I don't think so. So, just a clarification. Zaremba: Thank you. We are ready for Mr. McKinnon. McKinnon: Thank you. Mr. Chairman, Members of the Commission. Dave McKinnon, 735 South Crosstimber. And like Chairman Zaremba -- congratulations on your ascension and to you congratulations as well on back. I'd like to thank staff for all the Meridian Pianning & Zoning January 20, 2005 Page 120172 help they have given us on this project as well. They have been very helpful in preparing the presentation. Brad's memo was very helpful. I know all the work that Brad put into it, I know there was work put in by the clerk's office to find some information in the basement. I know that Mike Ford from the last meeting representing the Yanke family, dropped off some information as well to try to clarify the issues revolving around the Gemtone property, which is that property just to the north, as to what exactly that property could be used for in the future and so I appreciate everybody's help on that. I promised Commissioner Rohm -- not Commissioner Rohm, Commissioner Moe and Commissioner Rohm that I would be short tonight. Brad did a really good job doing the presentation for us tonight. There were several items that he's already covered for us. You guys sent us off last time with about four items of homework. You should have all received a letter in response to those homework items you asked me to do and I assume you have all received that. Just to cover those very briefly, one was to figure out exactly what was available to be done in Gemtone. Brad's memo has covered that and it can be used for office uses and other high quality uses and, as Brad pointed out, with the widening of Pine Street to five lanes, that will be a high quality office commercial type development along Gemtone and we hope to do the same on the south side. The second item was to figure out what was going on with ACHD. As Brad mentioned, we went to ACHD approximately a week ago, met with ACHD, read their staff report, and we went to the commission and one of the members of the Hansen-Rice group got up, said we agree with the conditions of approval and we went ahead and approved it and so we agreed with all the conditions of approval, we didn't fight with them on any of them and so we don't have any intentions to fight with you on any of their approvals as well. The third item you asked was to figure out the value of the land. You should have all received a packet of information from Hansen- Rice concerning all the different assessed values for the land around the area and, like Brad, I'm not a tax expert or an assessor, but, needless to say; the value of the land in this area has skyrocketed, it no longer holds its value for industrial uses, but, rather, based on the types of uses that are developed around it, such as Blue Cross and the Crossroads and Presidential subdivisions, this land has become more valuable for commercial use and so that's basically -- basically what the information that was given to you states. Finally, there was the comment from Commissioner Zaremba, now Chairman Zaremba, to find out if there was an area that we could swap land and to figure out if there was some things and I appreciate Joe's -- Joe's work that he put into that. But if I could get somebody to grab the Camp Plan -- I did have a chance -- and, like I said in my letter, to talk to a few people that know a little bit more about industrial than I do and I spent some time on the phone talking to a few people -- you can just go ahead and put it on the easel right there. I don't know if you guys can all see that. If you can just go ahead and turn that just a little bit more. Thanks. In the Comprehensive Plan there is a number of areas that are highly residential. You can see basically this whole area is residential, except for the areas -- the wastewater treatment plant and that makes sense, because it's farther away from a major interstate highway that runs through 1-84 and because it's residential you want to see residential around that. Commercial areas are staying with commercial areas, industrial staying on the south side of the railroad track and along 1-84. In looking into the future, we have a large area of industrial designated land south of the railroad track, near what will be the Meridian Pianning & Zoning January 20, 2005 Page 130172 Ten Mile interchange. So, around the Ten Mile interchange area we have a large volume of commercial uses and, then, right in the middle -- thanks, Brad. Or Anna. Right back to it. Commercial along 1-84. Then, we have -- right in the middle of commercial and industrial we have placed medium density residential. The medium density residential, if it's to access Franklin, would be accessing the same area that industrial traffic will be exiting and entering and if they want to get out to the Ten Mile interchange without going up to Franklin, they'd have to travel through commercial land. This area seems bounded by Black Cat and Franklin, that if we have industrial on one side, commercial on two other sides, that that site may be more appropriate, rather than residential, to go to a commercial and industrial designation. So, there is a possibility of some swapping of some land in this area. As you are well aware, we do have the Ten Mile interchange study that's begun in this area down here, although it is highly residential right now, large lot and estate residential, there is a possibility that some industrial could go in that location as well, because it would have quick interstate access and there is large lots that could develop in that area. There is a possibility that land could in the future be developed with some industrial uses. I think that in looking at this Comprehensive Plan there is a few things that could be changed. I worked on the Camp Plan, I have a lot of value in this Comprehensive Plan, but there is some areas that need to be modified and as the city changes and -- the city is a dynamic thing, it's not static, it changes and it evolves, and we'd like to just point out that this piece of property at one point, the property that we are dealing with theComp Plan amendment tonight, at one point made sense with industrial uses. Eagle Road was not what it is today, you know, five to even ten years ago. I mean originally we had the Club Wholesale there and some industrial uses and today we have a huge volume of traffic using Eagle Road, because of the Eagle Road interchange and just the tremendous growth that Meridian, Boise, and Eagle, even Star, for that matter, has seen in the past ten years. I know we have talked a lot about the Comprehensive Plan amendment. We still would ask for your support in the Comprehensive Plan amendment and ask if you have any questions at this time. Zaremba: Thank you for looking around and suggesting other areas that could change. I certainly think I agree with you on the major one you pointed out. That does make sense. McKinnon: And, Mr. Chairman, Members of the Commission, I'd like to take credit for that, but I can't. I had some help with that. Zaremba: Commissioners, any questions? Rohm: Dave, I think you did a good job with your homework and along with Brad's comments I think we are a lot closer to understanding the needs of the developer and the concerns of the city, so thank you. McKinnon: Thank you. Meridian Planning & Zoning January 20,2005 Page 14 of 72 Zaremba: This is the opportunity for anybody else who has anything they wish to say about this. Did we have a sign-up sheet? Please go ahead. Come forward, sir. Ford: Mike Ford, Post Office Box 5405, Boise. 83705. Brad, could you put that other map back up. There. Thank you. First of all, Mr. Chairman, Members of the Commission, I'd also like to thank Brad and staff for the research they did in finding what our uses are allowed in Gemtone. Happy that that's resolved. Again, this is our property. As it's been said tonight, we do plan on doing high end office on that property, would not like to see industrial there. I'm not anti-industrial. I developed the Layne Industrial Park there. I developed the rail site industrial park over there. So, industrial users have bought ground from us when we develop those. They don't want to be next to retail and office. They don't want to be bad neighbors. And you find that all the time, where there is existing industrial and, then, you put residential around it and something and, then, the people start complaining about the industry. And if you put industrial here, it will be only a matter of time before the retailers here, the office users here, are complaining to the city about industrial uses there. So, I would just say that I would hope that you would approve the applicant's request. Any questions? Thank you. Zaremba: We have signed up Judith -- I believe it's Bellcastor? . She's declining to speak, actually. I see hands waving. Anybody else want to speak? Okay. Well, then, we had just the one statement in favor and the applicant's remarks. Any discussion from the Commission or further questions to ask? Borup: No questions. Newton-Huckabay: I have a question. The property to the north at Eagle and Fairview, that mixed use -- do we have anything pending there at Eagle and Fairview, mixed use on the north? The northwest and the northeast? I don't have a pointer, so -- right there. Yeah. Hawkins-Clark: These two? Newton-Huckabay: Yeah. Hawkins-Clark: No, we do not. Yeah. There are -- I think there is a little over 250 acres, I believe, at both of those -- if you add those together on the north side of Fairview there that the city has not received any applications on, but it is designated all also mixed use regional. Newton-Huckabay: And what about -- is that all the way to Ustick? Hawkins-Clark: No. I guess we could pull up the other map. Newton-Huckabay: It's not all the way to Ustick. Meridian Planning & Zoning January 20,2005 Page 15 of 72 Hawkins-Clark: We can pull up a map, Commissioner, if you'd like to see the area north of Ustick. Newton-Huckabay: Well, I'm trying to think between Fairview and Lowe's, I'm trying to remember how -- or the new Lowe's location, how much of that is mixed use. Hawkins-Clark: So, Commissioner, if this is -- I guess this gives you maybe a little better sense of -- the east side of Eagle Road -- again, here is Fairview and the Meridian Crossroads shopping center is the commercial here. So, all single ownership on the east side and we have -- staff has, I understand, received some preliminary discussions or rumors, shall we say, that maybe within a year there may be something happening. Newton-Huckabay: I guess what I'm getting at, as a Commissioner and more as a citizen, who drives Eagle Road everyday two times a day and spends 40 minutes, approximately, getting from the north to south and south to north, that we have this continuous development of retail -- mixed use usually ends up being retail and I'm -- at some point we are going to have every store there is to have in this town and you're not going to be able to get there. And that's my concem with converting industrial -- any industrial property to more commercial property. So I just -- you know, I can see where, you know, Lowe's will be opening soon, I believe. I imagine all of that will end up being -- because they are larger lots and bigger boxes -- just my stray thought. Moe: Just to kind of follow up with that, though, I think you got to remember that there is already mixed use that borders Eagle Road in that area. Basically, what we are trying to take care of tonight is the 22 acres of the industrial to the west; correct? In regards to this -- the Comprehensive Plan amendment. Hawkins-Clark: Correct. Newton-Huckabay: Right. But that will be taking away potential development that isn't going to cause as much traffic in the area and possibly bring a little higher paying employer to the area than a retail. Canning: Dave, that wasn't a question. McKinnon: I know, Anna. Mr. Chair, Members of the Commission, just to offer rebuttal to myself, I suppose. I'll take the opportunity. Mae: Good to see up here, Dave. McKinnon: Just a couple comments just on your comments, not in the form of a question I know. Part of the way we are going to see the traffic calmed in that area is Pine Street to be extended through -- all the way through, extension of five lanes all the way through, and that's all developer-borne costs. ACHD does not have the money or the funds to do that. So, this will be all developer-borne cost and it's expensive to build Meridian Planning & Zoning January 20, 2005 Page 16 of 72 a road that big and that wide all the way through and one of the ways to pay for that is if the value of the land at sale can help to pay for that. The industrial land itself won't pay for that expansion all the way through. There is going to be a new north-south connection soon, the Locust Grove overpass and the connection from Pine to Locust Grove will open up an opportunity for people to be able to get from Eagle Road to Pine and, then, from Pine to Locust Grove and over to the south side of the freeway and so this is, actually, one of the ways to pay for that to make that happen and, otherwise, it won't happen, because the value is not there to improve that area and pay for the cost of a 105,000 dollar traffic light at Hickory and Pine and to pay for the widening and the cost of donating that land and constructing that land. Sorry. Sorry, Anna. Rohm: Mr. Chairman, I have got some questions for staff. On page 22 at the bottom where -- your staff recommendations, you speak to recommending a continuation of this for general site design comments and special considerations, if, in fact, we make a motion to approve this CPA and rezone. How do you -- how do you do that? How do you continue the discussion, if, in fact, you have already recommended approval of an application? I'm curious how you would do both. Hawkins-Clark: Commissioner Rohm, I guess there are three applications that this report addresses and at this point in time you have only taken testimony and deliberated on one, the Comprehensive Plan amendment. So, what this recommendation is addressing is if you, as a Commission, decided to approve the Comprehensive Plan amendment and, then, moved on to the rezone and the Conditional Use Permit applications, staff's belief is that the Conditional Use Permit has enough outstanding issues that would warrant you having -- having a chance to look at another Conditional Use Permit site plan. Does that clarify -- Rohm: Okay. So, basically, there would be a Conditional Use Permit required on this property after the Comprehensive Plan amendment and the rezone -- they'd still have to go through a CUP process. Is that what the -- Hawkins-Clark: Well, for the use that they are proposing, that's -- they chose to submit a conceptual planned development. That's how they are proposing to develop the site. It doesn't necessarily mean that there is always going to be a Conditional Use Permit requirement on this land, because it is zoned today, it is annexed, and there are certainly rights to development under the industrial zone without a Conditional Use Permit. But what they are choosing to do does require a conceptual plan to be approved. For -- yeah. For the C-G zone, so -- Zaremba: The way I interpret the part that you're asking about, staff's recommendation was strongly in favor of recommending denial of the Comprehensive Plan amendment and, therefore, it's possible that they didn't spend a lot of time on the following CUP, because if, in fact, the CPA is denied -- Rohm: There is no point. Meridian Pianning & Zoning January 20, 2005 Page 170172 Zaremba: -- there is no discussion on either the rezone or the CUP. If we go a different direction, in spite of staff's recommendation, and we recommend to the City Council that the Comprehensive Plan amendment be approved, then, staff's recommendation is that we have some discussion of the other two issues, but not make the final decision tonight, because staff wants another pass at it with the new circumstance of the CPA being approved. Does that make sense? Moe: That's how I read it as well. Hawkins-Clark: Chairman Zaremba, could I just make one other clarification, if that -- since you do have on your agenda tonight on that 04-004, another Comprehensive Plan amendment -- we did talk with the attorneys before the meeting today just a little bit and one suggestion that was given is that if the Commission does choose to recommend approval of this one, rather than moving all of these on, before you hear that other Comprehensive Plan amendment, since they should go together to the City Council, that you could table this until the end of your agenda tonight. Are you recommending that one be continued anyway? Okay. Well, that may change it, then. I guess just to bear in mind that as far as closing a hearing on the Comprehensive Plan amendment and fonmally moving this on to City Council without having your other one dealt with, that may put the other one in jeopardy. Zaremba: That's a good point. Nary: Mr. Chairman? Zaremba: Are we at a position where somebody has a strong stance one way or the other? Mr. Nary, you had something to add. Nary: Mr. Chairman, just, I guess, to follow up on Brad's last comment, another alternative is if this Commission does decide to make a recommendation to approve the Comprehensive Plan amendment, what you could do is direct staff to bring back that recommendation at your next meeting in February and, then, you will be able to know whether the other one was completed and you could do the same direction. If it isn't completed, then, you'd still have a date certain to have that recommendation, but the whole intent of the statute is that the recommendations are made once every six months. So, that's another way, rather than just putting it to the end of the meeting, you could just give it a date certain, say February -- the next February meeting, bring the recommendation back then. Borup: I would rather -- I think I would rather wait until the 'end of the meeting and try to handle them all today, rather than pushing it forward to next month. Rohm: I'm not opposed to that. I would like to say that even though I believe the staff has done an excellent job with their Findings of Fact and recommendations, I think that as a Commissioner I'm in support of this CPA and rezone and that is my tendency as we move forward and open up the other applications and if we want to table this until Meridian Planning & Zoning January 20, 2005 Page 18of72 the latter part of the meeting tonight, that's fine with me. But, generally, I believe that I'm in support of this application at this time. Newton-Huckabay: Well, I'd like to follow up to Mr. McKinnon. I meant I think a Comprehensive Plan amendment on this piece of property is premature at this time. As you said, the Locust Grove overpass construction will begin very soon. The city seems to be in disagreement as to whether or not it's a feasible change. There is a lot of land available right now for commercial development, I just don't think it's the right time to jump in and start rezoning or amending the Comprehensive Plan. So, I will lean towards denial. Mae: Well, we are going down line, are we? Zaremba: Yes, sir. Moe: Quite frankly, I belabored over this thing for a couple weeks now. I have gone back and forth quite a bit. I think it was Mr. Ford, his comments tonight in regards to what happens to some of your industrial users when other properties, you know, commercial and whatnot, come in, that there seems to have a tendency to want to uproot industrial and whatnot out that gets established. Based on Mr. McKinnon's presentation tonight, quite frankly, in regards to where there may be some shifting of some properties and such in the future and whatnot, I'm somewhat -- I am in support of the Comprehensive Plan change. I just believe with the 40 plus acres in regards to the mixed use already fronting Eagle Road and whatnot, I don't see that this 22 acres is going to do much in industrial, especially when they are going to have the cost of installing the roadway extensions, as well as property values for the commercial properties are much greater than for industrial. Having said that, I would say that I would be in support of the change. Borup: I had an opportunity to have a little bit of information yesterday and probably one of the public input meetings, I think, is where it came from, that was looking at a future -- future use of the whole valley, not just -- not just Ada County and I don't know if -- well, actually, I don't think I do agree with it, but one thing that came out of that is they had -- had all the industrial -- a majority of the industrial area out around the airport in Boise and, then, over in Canyon county, Nampa-Caldwell area on that, and figuring that Meridian would not be a high industrial use. That was the input of those -- of those -- sounded like probably several committees. I'm not sure which one of the two it was. I don't think we want to be completely left out of that, but I think the general -- from that it looked to me like general opinion that maybe Meridian is intended for a little higher uses than an industrial area. I do agree that -- I hate to see things -- things losing that type of -- I we had a nice balance of -- I agree with Commissioner Huckabay, we may be a little premature on this. I don't know if -- what their time frame is, but I am also in favor -- I think the thing that was the biggest factor for me was Pine Avenue, a five lane road there, probably does not really lend itself to an industrial area. I don't think that exact location is a good area for industrial land either. I'm not happy what it's going to do with the traffic at that location. Eagle at certain times of the day is just an area to avoid, but Meridian Planning & Zoning January 20, 2005 Page 19 of 72 five lanes on Pine and an overpass on Locust Grove, hopefully, will help alleviate some of that. That's alii have got to say. Zaremba: Thank you. I guess I'm the only one remaining to express an opinion. Newton-Huckabay: I have another question. I'm sorry. Zaremba: Thank you, Commissioner. Speak up. Newton-Huckabay: Industrial uses would include -- I mean we are not -- we are not talking about a tire factory here. I mean this could be an industrial use, such as an electronics manufacturer -- Zaremba: A warehouse operation even. Newton-Huckabay: -- a warehouse operation. A -- would a call center -- I mean would be a use -- an industrial -- Hawkins-Clark: Commissioner, probably not a call center. It probably would be more geared toward C-G. But to answer your question, yes, there a number of uses that may -- for example, think of Executive, Emerald Avenue, that area generally between like Cloverdale -- you know Eagle, Cloverdale, Five Mile, industrial. Hewlett-Packard probably -- you know, industrial type. It does not imply dirty industry. The allowed uses are quite broad and it would allow for, you know, a number of manufacturing, assembly type uses, whether that's high tech, other clean industry uses would be allowed in the industrial. And, of course, as far as design along Eagle Road, which I think I heard mention either this meeting or last meeting, those kinds of issues can also be dealt with in terms of a design review of buildings, but as far as the uses, I think to assume that this would be, quote, unquote, dirty industry, would, I think, be an incorrect assumption that it would have to go that way. Bear in mind that there are a number of those uses that could -- could be submitted in the future for the property. Newton-Huckabay: Thanks. Zaremba: Thank you. Well, my conundrum is that I support the existence of industrial property. Again, Meridian has so little of it designated. I appreciate that there are some opportunities to perhaps re-designate some other areas that are not identified. But the conundrum for me is that industrial property is very logical along the railroad. The opposite piece to that is we have Eagle Road that has a lot of traffic on it and is -- I have discuss before -- a lot of that traffic is not Meridian traffic, it's coming from other towns passing through and to have retail along Eagle Road to perhaps get some of those people to stop and leave a few dollars here, would be an equal benefit, if not better benefit, to Meridian. The difficulty is we have an intersection of a railroad where I'd like to see industrial and Eagle Road where I'd like to see commercial and retail and what do you do where there is two thoughts overlap? My assessment is even if we did nothing, even if we denied this application, only 22 acres would be developed as Meridian Planning & Zoning January 20, 2005 Page 20 of 72 industrial, if it ever were developed as anything. The rest of it already can be developed for retail, because of the mixed use designation, even though the ground is designated industrial, the mixed used overlay, and probably without an application, would allow that to go forward. So, my solution to the conundrum, much as I would like to reserve industrial lands, is a very slight tilt toward approving this application. That's about as far as I can go, unfortunately. If there is any further discussion, I think we have a sense of how the Commission would act. 1-- Moe: Mr. Chairman? Zaremba: I would say we should move ahead. Moe: Mr. Chairman, I move we close the Public Hearing on CPA 04-003. Zaremba: Is there -- Borup: Second. Newton-Huckabay: Second. Zaremba: We have a motion and a second to close the Public Hearing. All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES, Moe: Mr. Chairman, I move that we forward to City Council recommending approval of CPA 04-003 -- excuse me? Oh, I'm sorry. Oh. Zaremba: I think the intention was -- because we have another CPA application later, that we table this one to the end of the meeting. The issue, for those of you who mayor may not have gotten it, is that we can only make a map change to the Comprehensive Plan every six months, that's Idaho state law, and we have two such applications before us and we are trying to keep them together, even though they are totally unrelated to each other, so that we don't make one decision tonight and, then, the other one has to be wait six months before it can be considered. So, even though the items are unrelated. I think the suggestion is that we continue this .Item 5 to the end of the meeting -- Borup: Commissioner Moe is ready of a motion. Zaremba: -- when we have already made the decision on Item 11. Mae: Mr. Chairman, I move that we continue Public Hearing -- or the hearing of CPA 04-003 to the end of the meeting. Rohm: Second. Meridian Planning & Zoning January 20, 2005 Page 21 of 72 Newton-Huckabay: Second. Zaremba: There is a motion and a second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Borup: Would we also want to move six and seven to the same -- Zaremba: Do we want to continue six and seven and depending on how we go, then, we will discuss those? Newton-Huckabay: Yes. Zaremba: It doesn't sound like much of the general public is here to hear this issue anyhow. So, I think if we put -- I would entertain a motion to continue -- I'm sorry, I first need to open them, because I don't believe we did that. Borup: Can we just adjust the agenda? Zaremba: Let's see. Why don't I just open them and we will continue them. Is that okay? Rohm: It works for me. Zaremba: All right. I will open the public hearings for RZ 04-017 and the Public Hearing for CUP 04-051. Canning: Chairman Zaremba, there is no reason you can't hear these items now. You don't have to table these to the end of the agenda. That was my understanding of what was going to happen, so I'm sorry if I interrupted inappropriately, but you can go ahead and hear the items, you just can't make -- you can't take action on the Camp Plan amendment until you know what you want to do with the other ones. So, there is no reason you can't conduct these public hearings. You don't have to put them off, you just -- you're just putting off your decision on the Comp Plan amendment. You just can't make a decision on it. They know how you're going, you just can't make a formal action on it. Rohm: Well, we wouldn't be able to make a decision on these either, though, until that's -- Borup: Until we vote on it. Rohm: -- until we vote on the other. Canning: But -- you can't make a final decision. Correct. Meridian Planning & Zoning January 20, 2005 Page 22 of 72 Rohm: Right. Canning: You may need to direct staff to come back with a recommendation or some item of that, but putting it to the end of the agenda will not accomplish anything tonight. Borup: Commissioner -- I mean Mr. Chairman? Zaremba: Commissioner Borup. Borup: I would be interested if Mr. McKinnon -- if we did hear it now, if he would be staying for the final vote? So, he's going to be staying for the vote anyway, since we don't have any public testimony. The only thing it would accomplish, we would be able to move along and maybe get to some of the issues that most of the people are here to address. Zaremba: Well -- and that was my feeling. I -- the end result is that we are likely to continue the RZ and the CUP anyhow for further input and my instinct would be to take that testimony at the end of the meeting as -- whatever there is to be said about the two public hearings, to take that at the end of the meeting, since I think we have already learned that most of these people are not here for that subject. Borup: I would be favor of that. Zaremba: I would entertain a motion to continue these two public hearings to the end of the meeting. Rohm: I'd like to make that motion. Mr. Chairman, I'd like to recommend that we continue Public Hearing RZ 04-017 and CUP 04-051 to the end of the agenda. Moe: Second. Zaremba: Motion and second to continue these two items to the end of the meeting. All in favor say aye. Any opposed? Thank you. MOTION CARRIED: ALL AYES. Item 8: Public Hearing: AZ 04-034 Request for Annexation and Zoning of 19.63 acres from a RUT zone to a R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Item 9: Public Hearing: PP 04-043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: ~ City of Meridian 33 E. Idaho St. Meridian, ID 83642-2300 (208) 884-5533 To Whom It May Concern: HANSEN-RICE, INC. 1717 E. Chisholm Drive, Nampa, Idaho USA 83687 Ph. (208) 465-0200 . Fax (208) 465-0272 . www.hansen-rice.com The Ten Mile Development site has been appropriately posted for both the City Council hearing (for a CPA) and the.P&Z Commission hearing (forß rezone and planned development). The text has been reviewed andapprövedby Staff, ànJ'tñêsig¡i has been postecllupdated ann February 2nd, 2005. See the attached pictures for verification. Thank you for your time. Dated this éX~ ... RECEIVED FEa - ? 2005 Cj/;YOfM. "'d', CIty ('1.. .'(.011 IaJ.' ,erK, £fic!! day of ~ "'4' 20 !5 ::lJ L (Si lure) SUBSCRIBED AND SWO~ to before me ."'" """ ""'\,~'BN AI. """" ....~ 0" ..,...... (>0 ~ .: VI.. ". ~ ~ f ~OT""Il}-"\:, æ * I -.- : * - - " . - ;. '.. ÞlTBL\h ¡ ~ <1>".. ^ .: ~~ -r' .0-.--. ... ...v" ~~ -1~'- .,v.." ~~'" l O,P \~ ...." ",........".., ',\" d-\(j.-d-DJù "Dedicated to Excellence and QuDlity" reb.II.2005 4:53AM No.9743 p, /.¡ 1 ~ f'Þvf¡ 2-!7-(/Ç' , ~&7 f "6 tm:J fIoi.<r"'_f"'~~IC_MlII!g- RECEIVED FEB 1 ., 2005 City Of Meridian City Clerk Office DA TF.: Fèbruary 16,2005 TO: RF.: Planning and Zoning Commission, City of Meridian Ten-Mile Development., SoB.. Corner of Pinc and Eagle Dear Commissioners, Thank you for all of the patience that you have shown to us while working on this project. Staff has been extremely helpful in this last month in working with us to produce a product that will become an asset to the City in years to come. At this point in the review process we feel that there are very few outstanding issues to resolvc, so Icts get right to them. Afl.eT reviewing Brad's revised staff report we have three comments regarding the Conditions of Approval for the RezonelDA and two regarding the Site Specific Conditions of Approval: . REZONE & DA CONDITIONS . Condition # 3, (bullet points 3,4): These conditions willlirnit the access to Eagle Road to I access (other than Pine) and make the access right in right out. We are CWTently in negotiations with ITD to determine what limitations they would like to place on this section of roadway and we would like to resolve this issue with lID as the IIighway is within their jurisdiction. We will agree to abide by the conditions ofITD on the access issues when they have made their determination in lieu of the bullet points 3 and 4. We have also had discussions with Ned McCall the property owner to the west and owner of the ConunercjaJ Court easement and be does not wish to be impacted by having his W1Iestricted easement encll!!lbered by a right-in-right-out access to F.agle. . Condition #3, (bullet point 5): The easement mentioned in this condition is no longer an issue with the revised site plan, Please strike this condition Condition #3, (bullet point 6): Truck routes for the deliveries to this sitc are planned through Pine Street, per the revised plan, and not along Conunercial Court. However, we cannot limit Ned McCall's use of his easement to drive trucks down this road. 1 do not believe that in the future 4055 8th Street, Suite 290. Boise, Idaho 83702. 208 336 5355 . Fax 208 3362282 FEB 16 '05 17:17 PAGE. 01 Feb.!7.2005 4:53AM No.9 7 43 p. 2 ¿ any trucks will use Commercial Court due to the fact that a controlled intersection will be located nearby and it will aid in trucks gaining access to Eagle Road during peak AM and PM hours" COND1110NAL USE PERMIT IT!::: SPECiFIC CONDI110NS . Condition 2,C: This conditions relèrences phasing plans li,r this project, and due to the conceptual and commercial nature of this project a phasing plan has yet to be adopted. Wc suggest revising the condition to read as fonows' "A phasing plan shall be submitted with the first detailed ConditionallJse Permit application for this project. Revisions to the phasing plan shaH be approved by Planning Director, or hisiher assigns if changes to the plan are requested. " . Condition #18: This condition requires aU improvements to be made prior to a Certificate of Occupancy, and that just is not going to happen with a project of this siy.e. This condition of approval needs to be modified to state something along the lines of "An improvemenL~ associated with each future Cup or phase shan be completed prior to the issuance of a Certificate of Occupant-')'- Other than the comments noted above we are in agreement with the modilications made to the StalfReport We look forward to hearing from you tomOJTOW night, and hope to make the hearing as quick and easy as possible. - If you have any questions pleasc fccl free to contact me at 336-5355. S~=IYj. ly, ¡fA &f- DWKinnon Conger Management Group FEB 16 '05 17:17 PAGE. 02 RECEIVED FEBt 1 1005 CityofM~ citytJ.eIlr.v......- CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET RFJCElVEn ~t.'"' " ~nf15 9ty ofMeri":- CIty Clerk Om: February 17, 2005 ITEM # 7 DATE PROJECT NUMBER RZ 04-017 PROJECT NAME Ten Mile Development FOR AGAINST NEUTRAL v- J