April 21, 2005 P&Z Minutes
Meridian Planning & Zoning
April 21,2005
Page 12 0149
MOTION CARRIED: THREE AYES, MO ABSENT.
Item 9:
Public Hearing: RZ 05-004 Request for a Rezone of 2 acres from I-L to
CoG zone for Jacksons Food Store by Jacksons Food Store, Inc. -
southeast corner of North Eagle Road and East Pine Avenue:
Item 10:
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 C-G zone for Jacksons Food Store by Jacksons Food Store,
Inc. - southeast corner 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 CoG 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 corner of North Eagle
Road and East Pine Avenue, and we will begin with the staff report.
Guenther: Thank you, Mr. Chairman. This site is a recent reduction in platting
requirements plat for the two acres, which is right on the corner of Pine and Eagle in this
location, This is for a convenience store, which in a CoG -- the current zoning is I-L and
it's for a convenience store in a CoG district, which is what the applicant is requesting. A
convenience store in a CoG 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 I-L to CoG. 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 CoG 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
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Aprii 21, 2005
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would be from the cross-access portion off of this side on Pine Avenue. With that, there
is several issues that would be resolved for landscaping through the certificate of zoning
compliance and staff feels comfortable that the applicant will address and the staff has
recommended approval of this with the conditions as listed. I'll stand for questions.
Zaremba: Any questions?
Borup: Just a clarification. Your comment on -- you said it was presently a landscaped
area. I didn't quite understand what --
Guenther: They are requesting this access, but instead of that access, their conditions
of approval state that they will landscape that.
Borup: Landscape which area? This area?
Guenther: This area right here. That is shown on the site plan as an access point. The
access point will be eliminated.
Borup: Oh. Okay. So, this application is eliminated?
Guenther: Yes.
Borup: So, this is not the right site plan.
Guenther: This is the right site plan, but when they come through for a certificate of
zoning compliance, that access won't be there.
Borup: Okay.
Zaremba: There is, actually, two different --
Borup: Because of the deceleration lane that is going to be going in.
Zaremba: There is two differences. That access will not be there and it will be
landscaped and the car wash is actually five feet farther from the property line than it
appears; is that correct?
Guenther: Yes.
Borup: Okay. Thank you.
Zaremba: So, this drawing is close, but it's not exactly what it's going to be as built.
Guenther: That's correct. And it's detailed in the conditions of approval.
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April 21,2005
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Zaremba: And the conditions reflect the way it's going to be. Works for me. I had one
question and this may, actually, be for Mr. Freckleton. The question is, actually, on
page 12, but it's a paragraph that begins on page 11 of the staff report and it's
paragraph 11 at the bottom. On page 12 there is a sentence that says: This is to insure
that bottom elevation of the crawl spaces of homes is at least one foot above. This is
probably not talking about the nearest residences and I'm questioning whether that
sentence needs to be there.
Freckleton:
comment.
Mr. Chair, Members of the Commission, that can be struck from the
Zaremba: The whole condition or just that one section?
Freckleton: No. Just that section.
Zaremba: Okay. That works for me.
Freckleton: That's what happens when you cut and paste.
Zaremba: Happens all the time. And the other question I was thinking to ask is this
building and the car wash is likely to be visible on all four sides. Have we given any
requirement as to the attractiveness of what would be back sides of the buildings or--
Guenther: The applicant has indicated that there will be -- what their elevation is
estimated, that they will be consistent with the Shell logo and the Shell design, but I
believe that could also be addressed through the applicant's testimony.
Zaremba Okay. We will do that. Thank you. And we are ready for the applicant.
Benning: Mr. Chairman, Commissioners, I'm Dale Benning, the architect for Jackson
Food Stores. I live at 1590 Shenandoah Drive in Boise. I would just address the last
comment that we have made about the appearance of the building and it's intended to
be very close to the same quality of appearance on all four sides and it's typical of all
the buildings out there. The gas fuel canopy on the front is equally -- has the same
appearance, so there really isn't -- there is kind of a back of the store, but not really,
because there is a major entrance point there for customers. That's coming from the --
from the backside of the store. There is a storefront and a canopy much the same as
the front of the building has at that point. So, it's sort of the back of the store, but not
really, there is still customer access there and pedestrian walkways all the way around
the store.
Zaremba: Thank you for that clarification.
Benning: There was -- any other questions that I could -- or any other comments that I
could address, I would be glad to do so.
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Aprii 21, 2005
Page 150149
Zaremba: You have heard, I guess, and probably got a separate notice from ITD about
the access on Eagle not being allowed?
Benning: Correct.
Zaremba: You can work with that?
Benning: Yeah, Correct. We, actually, went over and met with ITD and went over the
plan and discussed what they were planning with the right turn lane and how that's
going to work and so we -- we got that first hand.
Zaremba: Thank you. Questions from the Commissioners? Mr. Rohm.
Rohm: Mr. Chairman, my question is -- and you're aware of the right-in and right-out on
the -- could you put the site plan up?
Zaremba: The first driveway on Pine?
Rohm: Yes. And you're okay with that and you understand the right-in -- right-in and
right-out only at this entrance?
Benning: Yes, we are.
Rohm: Okay. I just wanted to make sure that --
Benning: We also met with ACHD right in the beginning, because that's always a major
issue is the access points, and we knew right from the start that that's what we would
have.
Rohm: Okay.
Benning: Along with the access drive that goes down the required distance away from
the intersection. And, then, that's a full service access.
Rohm: Good. Looks like a good site plan to me.
Borup: So, I assume you're fine with all the staff comments?
Benning: Oh, yes, we are.
Borup: Did you have any clarification on the signage?
Benning: No. We haven't -- we have -- there is the possibility of two signs, one on Pine
and one on Eagle Road. Or deciding which --
Borup: Are you still planning on it being on the corner? Did you read staff's comment?
Meridian Planning & Zoning
April 21,2005
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Benning: Yeah. That is -- we have to determine that. That's probably -- probably the
ideal location and I think it would be maybe a little better than breaking it up into two
signs. But that's something that we have to determine.
Borup: Okay.
Benning: Thank you.
Zaremba: Thank you. Jack Davis. Would you care to testify?
Davis: I'm Jack Davis, director of construction for Jackson Food Stores. I live at 429
East Edgar Court in Meridian. And I'd just like to say in terms of the building design, we
do plan to make it a little more upscale facility than our usual facility for this location and
just be happy to answer any questions you might have.
Zaremba: I would just say that I appreciate that. Our sensitivity as apparently is yours,
is this is one of our entryway corridors and it's an important part of our city, so I
appreciate your concern with that as well. Commissioners, any other questions?
Borup: I have none.
Rohm: No.
Zaremba: Thank you. No one else has signed up, but, again; there is an opportunity
for anybody to speak that wishes to. Once, again, it appears we don't really need any
rebuttal or comment from the applicant. Any further comments from staff?
Guenther: No, sir.
Zaremba: Thank you. Commissioners?
Rohm: Mr. Chairman?
Zaremba: Commissioner Rohm.
Rohm: I move that we close the Public Hearing on RZ 05-004 and CUP 05-012.
Borup: Second.
Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That
motion carries.
MOTION CARRIED: THREE AYES. lWO ABSENT.
Meridian Planning & Zoning
April21,2005
Page 17 01 49
Rohm: Mr. Chainman, I move that we forward onto City Council recommending
approval of RZ 05-004, to include staff comments for the hearing date April 21 st and
received on April 15th, with the following changes: On page 12, the last sentence at the
top of the page --
Borup: I think that is part of -- isn't that staff comment under the CUP or is that under
both?
Zaremba: I didn't --
Borup: Okay. Excuse me.
Zaremba: It was just a typo, so --
Borup: It's under both. Sorry. Go ahead, Commissioner.
Rohm: We will just go ahead and include it on both motions. In any case, this -- to
strike the last sentence, the one that starts with this is to insure, strike that sentence,
and, other than that, accept the staff report as written. End of motion.
Borup: Second.
Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That
motion carries.
MOTION CARRIED: THREE AYES. lWO ABSENT.
Rohm: Okay. Again, Mr. Chairman, I move that we forward onto City Council
recommending approval of CUP 05-021, to include staff comments for the hearing date
April 21st, 2005, and received April 15th, 2005, with the following changes: On page
12, the first sentence at the top of page 12, that begins with this to insure, that sentence
to be stricken. The balance of the staff report to be accepted as written. End of motion.
Borup: Second.
Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That
motion carries.
MOTION CARRIED: THREE AYES. lWO ABSENT.
Item 11:
Public Hearing: AZ 05-012 Request for Annexation and Zoning of 6.34
acres from RUT to R-4 zone for EI Gato Subdivision by C2B
Development, LLC - 701 Black Cat Road: Continue Public Hearing to
May 19, 2005