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HomeMy WebLinkAboutJune 2, 2005 P&Z Minutes Meridian Planning & Zoning June 2, 2005 Page104of117 Zaremba: Just in the process, I wouldn't say we are really delaying anything, because the can't act until the sewer gets to them anyhow. So, we aren't necessarily delaying something. They can start tomorrow. Jewett: Actually, the sewer is there today. Zaremba: Well, some amount of sewer is there. Rohm: Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we continue Public Hearing AZ 05-018, Public Hearing PP 05-020 and Public Hearing -- Moe: Do we not have to close the public hearing first? Zaremba: No. We are continuing it. Moe: Oh, I'm sorry. Rohm: And Public Hearing CUP 05-027 to the regularly scheduled Planning and Zoning meeting of July 7th, 2005. Moe: Second. Rohm: End of motion. Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That motion carries. Thank you. MOTION CARRIED: ALL AYES. Item 21: Public Hearing: AZ 05-022 Request for Annexation and Zoning of 1.3 acres from RUT to L-Q zone for Touchmark Subdivision by Touchmark of the Treasure Valley - south of East Franklin Road and east of South Eagle Road: Zaremba: All right. We are already -- I will open the hearing for Public Hearing AZ 05- 022, request for annexation and zoning of 1.3 acres from RUT to L-Q zone for Touchmark Subdivision by Touchmark of the Treasure Valley, south of East Franklin Road and east of South Eagle Road and we will have the staff comments. Wilson: Thank you, Mr. Chairman, Members of the Commission. The application before you is an annexation and zoning of 1.39 acres from RUT to limited office district, near the intersection of Eagle Road and Franklin. It's, actually, east of Eagle Road in Meridian Planning & Zoning June 2, 2005 Page 105 of 117 the Touchmark Subdivision, also known as Meadow Lake Village. The subject property was an out parcel, if you will, of the original Touchmark development, which did encompass a large portion of land going down to the freeway from Franklin Road and contained a large number of dwelling units, some commercial, some retail, and a senior community center. That Conditional Use Permit approval for that planned development has been modified a couple times over the years. One modification did move the commercial and the office portion of the development out to Franklin Road in the approximate area of this -- of this parcel and, then, another modified the multi-story retirement center. The application before you does take in this parcel right here, which has frontage on Franklin Road and extends into the existing Touchmark and Meadow Lake Village development. Another view does show some conceptual development of the site. We have spoken with the applicant. We did have a pre-app meeting with Dean Briggs from Briggs Engineering and a representative from Touchmark about their plans for this site and they do plan on submitting a Conditional Use Permit to modify, once again, the original Conditional Use Permit approval for a planned development, which would incorporate this site into the office development that's located here near the intersection of Franklin and their internal road here, which I don't think I have the name of. Just a couple of quick comments. Kent Brown, the applicant's -- one of the applicant's representatives did contact me a couple days ago about the applicant's request to -- there is an existing residence on this parcel and they would like to keep using that as a residence until such time that it develops commercially. Staff is supportive of that. I would recommend that we -- that we treat this one a little bit differently than what was talked earlier. In that the access to Franklin Road, the home itself and the well and septic, we would recommend that those do go away upon any commercial development on the property and this circumstance is a little bit different than the application we heard earlier. This is intended to be part of a larger already planned commercial development. It does kind of fill in the gap, if you will, upon Franklin Road, where ever we can eliminate an access to Franklin Road right there, we would like to and have them take access on the internal road. There is the foreseeable circumstance that if the residents -- if it was -- if the condition was worded such that the residents can remain until the residents was, actually, modified or they wanted it to go away, but it's conceivable that it would not go away and we would be left with a break in the landscape buffer. You can see here that the Touchmark -- that the approved Touchmark development as required a landscape buffer here and requires a landscape buffer here. We could end up with some incongruity -- and I don't anticipate that residence would remain, but I guess there is a possibility. So, I would -- I would just recommend that we -- that this one is treated -- that the residential use be accessed to Franklin Road and the well and septic service to that house would go away upon any commercial development on this property as part of the subsequent detailed Conditional Use Permit approval. Other than that, I don't think we have any issues. In regards to that, I would recommend on page six, item three, which does discuss the development agreement for the development. The last bullet states that the subject property shall be prohibited from taking direct access to Franklin Road. I would replace that bullet -- and I don't have the wording on top of my head right now, but that would replace that bullet with one that speaks to that, the house -- the access to Franklin Road, and the well and Meridian Planning & Zoning June 2, 2005 Page106of117 septic can remain until such time that commercial development takes place on the parcel. And with that I think I'll end staff's comments. Zaremba: Commissioners, any questions? Okay. We are ready for the applicant. Brown: For the record, Kent Brown, Briggs Engineering, 1800 West Overland. And Josh covered it, unless you have some questions of me. Borup: Mr. Chairman? Zaremba: Commissioner Borup. Borup: Is the existing house being used -- Brown: They are renting it out. Borup: So, it is being used as a residential use? Okay. Brown: I could tell you a long story about that, but I'm not going to -- Newton-Huckabay: No, don't. Rohm: You don't have any exceptions to the staff report, do you? Brown: Not other than what he's mentioned about leaving the house as a use. Zaremba: Okay. You accept that it can continue until the use changes and, then, it has to go? Brown: Yes. Zaremba: Including the access to Franklin. Brown: Correct. Zaremba: We have no one else signed up to testify. Let me, while you're there, ask if anybody wishes to comment on this issue? No. Well, in case you wish to rebut what you just said -- thank you. Commissioners? Borup: Mr. Chairman, I move that the hearing close. Moe: Second. Zaremba: We have a motion and a second to close the Public Hearing. All in favor say aye. Any opposed? That motion carries. Meridian Planning & Zoning June 2, 2005 Page 107 of 117 MOTION CARRIED: ALL AYES. Zaremba: Commissioner Borup. Borup: Mr. Chairman, I move we forward to City Council recommending approval of AZ 05-020, annexation and zoning of 1.3 acres, to include all staff comments, conditions, in the staff memo dated May 26, transmission dated of May 27th, with all staff comments, with the one additional comment on page six, the last bullet point, to add that the existing residence and well can remain as currently used, until such time as the property develops, and along with the current use of being -- access to Franklin Road to remain as the residential use. Moe: Second. Zaremba: Okay. We have a motion and a second to make that recommendation for AZ 05-022. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: ALL AYES. Item 22: Public Hearing: AZ 05-021 Request for Annexation and Zoning of 2.78 acres from RUT to L-O zone for Redfish Subdivision by Ben Miller - 4120 North Linder Road: Item 23: Public Hearing: PP 05-021 Request for Preliminary Plat approval of 5 office building lots and 2 other lots on 2.521 acres in a proposed L-O zone for Redfish Subdivision by Ben Miller - 4120 North Linder Road: Zaremba: Okay. We are getting there. I would like to open the Public Hearing for AZ 05-021, request for annexation and zoning of 2.78 acres from RUT to L-O zone and Public Hearing PP 05-021, request for preliminary plat approval of five office building lots and two other lots on 2.521 acres in a proposed L-O zone. Both of these for Redfish Subdivision by Ben Miller and located at 2120 North Linder Road. And we will begin with the staff report. Wilson: Thank you, Chairman Zaremba, Members of the Commission. The Redfish Subdivision is a proposal for a limited office zone from RUT, what it is currently. It's 2.52 acres, exclusive of right of way on North Linder Road, immediately to the north of Sawtooth Subdivision -- or Sawtooth Middle School. To the north and east lies Baldwin Park Subdivision. Across Linder Road to the west is some vacant RUT and I believe Watersong Subdivision. And further north along Linder Road is another subdivision and some vacant RUT land. And, then, some proposed commercial as part of future Paramount Subdivision. On the Comprehensive Plan this property is designated as medium density residential. The applicant has applied, under the same Comprehensive Plan text amendment that was mentioned with the earlier application for properties under three acres that lay on an arterial road to gain limited office zoning for office uses only. And I'll get into that here a little bit more here in a few minutes, hopefully not