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HomeMy WebLinkAboutApril 7, 2005 P&Z Minutes Meridian Planning & Zoning April 7, 2005 Page 52 of 55 Borup: Second. Rohm: It's been moved and seconded that we forward onto City Council recommending approval of PP 05-010. All those in favor say aye. Opposed same sign? Motion passed. Thank you very much. MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: Thank you, everyone, for your input and I look forward to seeing this development move forward. Huckabay: Thank you. Item 11: Public Hearing: RZ 05-003 Request for a Rezone of 4.42 acres from a R-B PD zone to a CoN zone for Quenzer Commons Commercial by Landmark Properties, LLC - west of Locust Grove Road and north of Heritage Park: Rohm: Okay. At this time I'd like to open the Public Hearing RZ 05-003 and open it with staff comments. Guenther: Thank you, Mr. Chairman. This is for a rezone of a planned development commercial lots and they are R-B to a more appropriate district for a commercial neighborhood. I will stand for any questions. Staff is recommending approval. Moe: Well, Mr. Chairman, I have a couple questions. Rohm: Okay. Moe: Quite frankly, this one confused me a little bit and it took me a few times to read it through and I'm still somewhat confused. I mean I understand the rezone, but, at the same time, your findings and what you're requiring, they are to stay with the same restrictions that were on the PD to begin with, so why make the change? What -- this is -- bear with me, I'm in a learning process here. What changes? Guenther: Nothing, except for the appropriate zoning. Generally, when an insurance company or an appraiser comes through and they ask how did you get a commercial property on a residential district, because these are R-B, then, we issue letters out to the commercial appraisers or whoever it might be, saying we have this use exception. It cleans things up a lot more on the inside edge of the development if the commercial projects have a commercial zone code. And that's why the developer has come back to rezone these and we require the rezones for a lot of the R-B PDs in future developments and we -- since I have been here I haven't seen a use exception be actually utilized. Meridian Planning & Zoning April 7, 2005 Page 53 of 55 Borup: So, this isn't really making any change in this project, it's just to help the uneducated? Guenther: Yes. Because our zoning code allows for the use exception, which the rest of the world generally doesn't allow. They, actually, would do multiple zones on this type of a development. Borup: That makes sense now. Hawkins-Clark: Another clarification there, Chairman, Members of the Commission, is that the current ordinance today, if you want to split -- do a one-time split on property you are not permitted to do that in a residential district. However, you can apply to the staff -- it's a staff level for a one-time division in a commercial or industrial zone. So, just to clarify that that's the way the ordinance read. Rohm: Thank you. Any other questions of staff? At this time I'd like to tum it over to the applicant. Turnbull: Mr. Chairman, Members of the Commission, David Turnbull, 122601 West Explorer Drive. We agree with the staff report and this is a little bit more of a technicality, I suppose. Nothing changes with the development. The same Conditional Use permit is in place, same conditions of that Conditional Use Permit are in place, the same conditions of the development agreement are in place. It's merely an administrative issue. We have built the first four buildings in these four lots that you see platted here. The preliminary plat shows two more lots here, but we have built these buildings in kind of pairs that are bridged by a -- kind of a bridge structure to give them a -" kind of a cohesive look. We could go in and build four more buildings, but they would be sitting on two different lots. When we approached Anna Canning at the -- or the planning director, she advised -- there is one of two ways to go. We could either go through a new preliminary plat and final plat or her preference was that we just rezone the property according to the use of the zone anyway and, then, that way we can take care of the lot split on an administrative basis. So, that's, really, all there is to it. And we are in agreement with the conditions. I'd stand for any questions if you have any. Moe: I have none. Borup: And we're glad you waited all night for your five-minute project. Turnbull: The buildings and the plan don't change at all. Rohm: Thank you. Anybody else care to testify for this? You're welcome to come up. Donohue: My name is Beverly Donohue. I live at 3735 North Locust Grove Road and I live right over here. So, the reason I have just two questions tonight -- and one is when we first started with the plat, the City of Meridian requested that we have an access easement and a sewer stub, which we got the sewer stub over here and now that this Meridian Planning & Zoning April 7, 2005 Page 54 of 55 parcel has sold into ten small office units, this is commercial here and, then, we have the fire department over here, what we would like to suggest and hope the city recommends, is that we have the access here already for our property, but we'd like to make it commercial, so that if we ever do develop or sell, we could have a road that goes from this all the way through here and keep the traffic off North Locust Grove, because we have the charter school and the elementary schools over here, so if people are shopping from Quenzer all the way down here, they can go to Brockton or if we have some in between here, that way that people would not be going back on the road to go all the way over here to come over here, but they would go straight through. So, I would like the city to recommend that we have an easement for a commercial driveway, because it's already scheduled right there for a private one. And, then, the second thing I also had a question. on is when Heritage Commons first put in the commercial area right here there was a bus stop and they had donated that or amended that to the city. I no longer see the bus stop that was given to the city. So, those are my two questions. Rohm: Okay. Thank you. Would the applicant like to speak to the cross-access? Borup: Well, there is an easement there, isn't it? What was the testimony? Turnbull: Mr. President, Members of the Commission, this was covered at length in the original approval of this project. We have complied with all the conditions of the original preliminary plat Conditional Use Permit and zoning. We have complied with all of the conditions of the development agreement. If they want to come in and expand a right they don't have right now, we would object to that, unless they want to work out some private deal on the side with us and that was -- that was a point of discussion at the City Council hearing. I'm not willing to open it up for discussion again. As far as the -- what was the other point? Oh, the bus stop. We had dedicated an easement in that area and it's available for ACHD to come in and approve at anytime, but they don't currently have bus service, so they don't want to improve a bus stop until they have bus service there. But the easement is in place. Borup: So, you're saying at this point there can be just private residential -- that easement was private residential only? Turnbull: Right. Right. Huckabay: We can't really address that in this -- Borup: No. I realize that. I just -- I guess for my clarification. Turnbull: They were concerned about being able to get in and out of their driveway out onto Locust Grove and so we provided a driveway curb cut for that at his location. It was a safety issue for them. Meridian Planning & Zoning April 7,2005 Page 55 of 55 Rohm: Well -- and they -- it's certainly within their prerogative to come back to you outside of this hearing and reopen that discussion between you and not part of this application. Tumbull: Thank you. Rohm: Thank you. Any other testimony? Any discussion amongst the Commission? Borup: I have none. Rohm: Hearing none -- Moe: Mr. Chairman, I move that we close the Public Hearing RZ 05-003. Newton-Huckabay: Second. Rohm: It's been moved and seconded that we close the Public Hearing RZ 05-003. All those in favor say aye. Opposed same sign? MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Mr. Chairman, I move we forward to City Council recommending approval of RZ 05-003, to include all staff comments for the hearing date of April 7th, 2005, received by the clerk's office April 1 st, 2005. Newton-Huckabay: Second. Rohm: It's been moved and seconded that we forward onto the City Council recommending approval of RZ 05-003. All in favor say aye. Opposed same sign? MOTION CARRIED: FOUR AYES. ONE ABSENT. Huckabay: Mr. Chairman, I recommend that we end this meeting of the Planning and Zoning Commission at approximately two hours earlier than the last six. Rohm: Is there a second to that? Or do you want to wait a couple hours? Moe: I'll second it. Huckabay: Come one, Dave. Work with me. Rohm: It's been moved and seconded that we close. All those in favor say aye. Opposed same sign? MOTION CARRIED: FOUR AYES. ONE ABSENT.