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HomeMy WebLinkAboutApril 21, 2005 P & Z Minutes Meridian Planning & Zoning ApriI21,2005 Pogo 10 of 49 Item 8: Public Hearing: RZ 05..006 Request for a Rezone of 4.65 acres from R- 4 to L-O zone for Verona Subdivision No. 3 by Primeland Development, LLP - northeast comer of North Ten Mile Road and West Milano Drive: Zaremba: All right. Thank you. Our next Public Hearing is Item 8 and I will open RZ 05-006. This is a request for a rezone of 4.65 acres from R-4 to L-O for Verona Subdivision No.3 by Primeland Development, LLP, on the northeast comer of north Ten Mile Road and West Milano Road and we will begin with the staff comments. Staff presentation. Guenther: Thank you, Mr. Chairman. My mike doesn't want to stay up tonight. All right. This is a hearing for a rezone from an R-4 to an L-O zone. This is in response to the condition of approval that we issued for Verona Subdivision No.3 preliminary plat 04-044, in order to bring the zoning in compliance with the - the projected use for the site, which it was originally platted under a planned development for four commercial lots, which would limit it to office uses under the original preliminary plat 02-007, which a CUP 03-007. This is consistent with what the ordinance requires. I guess -looking at the site plan, the site plan is different from what we were discussing earlier. This is in a medium density residential district for - the applicant has indicated that this is in an office district, but the comprehensive map indicates that just north of McMillan this is a medium density residential. There was some confusion on that earlier. There would be one item of housekeeping from page two of the staff report, which indicates that this is Quenzer Commons Subdivision, which is south and west of the site, but that is not correct. To the west of the site is Ada County rural residents, as well as Verona Subdivision in that area. Zaremba: And what is the zoning of Verona? Guenther: Verona is an R-4 subdivision. Zaremba: R-4. Thank you. Guenther: And the staff report indicates that this is a recommendation for approval with the conditions as listed. I will stand for questions. Zaremba: Just for darification, there was a time when we consistently approved a zone for a whole area and had a use exception up to 20 percent, but did not zone it seperately, and this is just making an adjustment to zone what was previously just the use exception; is that correct? Guenther: That is correct. Zaremba: Okay. Thank you. We are ready for the applicant. Stiles: Sheri Stiles, Engineering Solutions, 150 East Aikens in Eagle, Idaho. I just wanted to clarify - Bruce, is that Comprehensive Plan, is it showing as medium density Meridian Planning & Zoning April 21, 2005 Page 11 of 49 residential? And what is the office designation that's south of there? I'm sorry. Excuse me a minute. I thought this already said on the map that it was office, but I think I'm - I must be mistaken. The reason for the rezone on this property was because the initial subdivision plat has been re-subdivided to add lots, because there was a better market for smaller office lots out in that development. Verona and Bridgetower Crossing Subdivision are all being developed by the same developer out there and we received approval for the preliminary plat and we are just requesting the rezone at the request of staff and one part of the ordinance does state that -- and it does state on the final plat for Verona that any re-subdivision of those - of the lots will result in having to meet the ordinance in effect at the time. So, I'm sure the assessor will be very pleased to have it be zoned appropriately and that's alii have. Zaremba: Any questions from the Commissioners? Borup: None. Rohm: None. Zaremba: Thank you. Borup: Seen it previously. Zaremba: Other than Ms. Stiles we have no one signed up to testify on this, but we do give you an opportunity to change your mind if you have anything to add or comment. Well, in that case we don't require a rebuttal from the applicant either. So, gentlemen? Rohm: Mr. Chairman, I move that we close the Public Hearing on Item No.8, RZ 05- 006. Borup: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: THREE AYES. TWO ABSENT. Borup: Mr. Chairman, I move that we forward to City Council recommending approval of RZ 05-006, to indude the - for the rezone for 4.65 acres from R-4 to L-O zone for Verona Subdivision No.3, to indude all staff comments, conditions, to the staff memo, with a transmittal date of March 17th, received by the city dark on April 15th. Period. End of motion. Rohm: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. Thank you. Meridian Planning & Zoning Ap~1 21. 2005 Page 12 of 49 MOTION CARRIED: THREE AYES. TWO ABSENT. Item 9: Public Hearing: RZ 05-004 Request for a Rezone of 2 acres from l-l to C-G zone for Jacksons Food Store by Jacksons Food Store, Inc. - southeast comer of North Eagle Road and East Pine Avenue: Public Hearing: CUP 05..012 Request for a Conditional Use Permit to allow the operation of a new carwash and convenience store in a proposed G-G zone for Jacksons Food Store by Jacksons Food Store, Inc. - southeast comer of North Eagle Road and East Pine Avenue: Zaremba: All right. I'd like to open the Public Hearing for the next two items, nine and ten. This is RZ 05-004, a request for a rezone of two acres from I-L to C-G for Jackson Food Stores, and CUP 05-012, request for a Conditional Use Permit to allow the operation of a new car wash and convenience store in a proposed C-G zone for Jackson Food Stores by Jackson Food Stores, Inc., southeast comer of North Eagle Road and East Pine Avenue, and we will begin with the staff report. Item 10: Guenther: Thank you, Mr. Chairman. This site is a recent reduction in platting requirements plat for the two acres, which is right on the comer of Pine and Eagle in this location. This is for a convenience store, which in a c-G - the current zoning is I-L and it's for a convenience store in a C-G district, which is what the applicant is requesting. A convenience store in a C-G district is a permitted use through a certificate of zoning compliance, but the car wash requires a Conditional Use Permit, which is what we are hearing tonight, along with the rezone from l-l to C-G. Now, a portion of this is that the agreement is what staff. is recommending for this site in order to assure that the developer for the entire site, which is this roughly 27 acres. I believe they did a reduction in platting requirements for I think the 34. So, that the - this commercial district gets incorporated into the mixed-use regional comprehensive designation. So, when they actually come through with their mixed-use conceptual plan, they will include the C-G district, that would be rezoned tonight, with that calculation. That is - with that, the mixed-use regional designation should be satisfied for this type of project. The specific site is with a convenience store center right in the middle, with the islands out to the side, as well as another larger type of service station to the south of the site. The car wash will be located approximately five feet from this property line. It is not shown here, but it is drafted into the conditions of approval. As well as a cross-access agreement would need to be entered into with the original parcel to allow access south off of the site and, then, onto Pine. This currently is. showing a right-in access off of Eagle Road. If you - what you received today was a fax from Dan Kuntz from Idaho Transportation Department, dated April 18th, which indicates that they are not going to permit that. It is also a condition of approval that this right-in access off of Eagle Road be eliminated. In the future they are anticipating a deceleration lane in this area that will come onto Pine Road and, therefore, they don't want stacking going into this site in that deceleration lane. Therefore, this will be -- drafted up as being additional landscaping. This would be a right-in, right-out on site and, then, the left turn back to Eagle Road