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HomeMy WebLinkAboutJune 16, 2005 P&Z Minutes Meridian Planning & Zoning June 16,2005 Page 65 of 93 MOTION CARRIED: ALL AYES. Item 11: Public Hearing: AZ 05-023 Request for Annexation and Zoning of 39.47 acres from RUT to C-N zone for Cherry Lane Christian Church by BRS Architects - NWC of Ten Mile Road and Franklin Road: Zaremba: Open the Public Hearing, Item 11. This is AZ 05-023 relating Cherry Lane Christian Church, northwest corner of Ten Mile Road and Franklin Road, and we will begin with the staff report. Guenther: Thank you, Mr. Chairman, Members of the Commission. This is for approximately just under 40 acres in the northwest corner of Ten Mile and Franklin. This is the property that we also pointed out earlier this evening. The Ten Mile Creek does split the property in this location and currently this is just for annexation. This is in a mixed-use regional comprehensive designation, so you will see a detailed Conditional Use Permit that will accompany this. The proposed use on the site at this time is that it is a church, with a church school, and possibly a cafeteria and any type of accessory use at that. The layout -- actually, it didn't get in the presentation, put I'm going to put it up, though. Get the orientation right. The church will lie fairly central. There is the existing -- there will be a park with a pavilion, et cetera, along Ten Mile. As we saw earlier, there is the access point to the west and there is two access points to the west off of the collector street. The collector street, half will lie on this property. And the approved -- the accesses to Franklin, there will be a full access approximately at the -- 200 yards from the intersection of Franklin and Ten Mile, as well as there will be right-in, right-out accesses. These accesses have been presented to ACHD and have not received any denial letters or anything of major consequence. Again, this is conceptual, so we are not approving this plan or this site layout or anything along that line tonight, this is specifically for the annexation, and 1'm not going to get too detailed, so I will just stand for questions at this time if you have any. Moe: Mr. Chairman? Zaremba: Commissioner Moe. Moe: Just one quick one. I realize it's conceptual, but in your report you talk about having a -- one full access point onto Ten Mile and they are, actually, showing two on there. There is one up to the north. Guenther: That is correct. I did miss the fact that there is one from the recreational area in the northeast portion of that. I was mainly concerned with the number of parking stalls that is in this location that would be accessing that one location to Ten Mile. Moe: Thank you. Meridian Planning & Zoning June 16, 2005 Page 66 of 93 Zaremba: I don't know if I want to open this can of worms or not. Typically, churches ask for an L-O zoning, since we have made that the preferred church zoning. A school makes a difference to what zone they need to -- Guenther: Not necessarily. This is also in a mixed use district and if -- if the school -- church project doesn't need all of this parking, they are still eligible to come back and do additional uses on this site and the C-C zone actually fits the overall mixed use regional better than an L-O does. Zaremba: C-N zone. Guenther: C-N. Community neighborhood. Zaremba: Yeah. Okay. All right. Any other questions from Commissioners? Okay. Would the applicant come forward, please. Woodward. My name is Larry Woodward, I'm one of the ministers at Cherry Lane. My address is 1701 North -- or on Almaden, which is just north of Chinden. I'll just make some brief comments, because as was said, this is a request for annexation and zoning only at this stage. We do plan to relocate from our present location on Cherry Lane. We are a regional church already, drawing people from as far away as Ontario, Payette, and Weiser, and so we are averaging right now about 1,200 a week and we are confident that on relocation that will double within months. We plan to develop, eventually, the entire 39.47 acres and our primary focus will be as shown up here, will be a major worship facility that ultimately over the years, as it's built in stages, could accommodate up to 4,500 people in a single setting. We envision also two other major buildings, an administration building and, then, a multi-purpose gym or educational facility. And that latter one could be used, possibly, for a charter school or for a private Christian school. We have worked closely with your staff over the last year and gotten to this point and we are anxious to go forward with their recommended zoning as C-N. I think it's consistent with the long-range city plans and we have a church history of cooperation with the city. Most of you have probably been in our present facility for one meeting or another, with various Chamber of Commerce and other meetings of that nature at our church. And we think that cooperation will continue. Right now we have been working with your city parks on the pathway along Ten Mile Creek, which will run on the south side up through the Avest property and, then, hook on up into the Chesterfield. We are comfortable with that. We have also talked to the Parks Department about working together on what we call the three acre pocket park up here in the northeast corner and that would include a large grass area, some walking paths, a basketball court and a covered picnic area. We have been working with the city Public Works Department and our plan is to sell a lot of 100 by 150 feet to the city for a well site. They have already drilled their test well and they are waiting now this summer to build their production well and from what they have told me, they have got a real boomer there. This is an artesian area and we already have one artesian well on our property. We have been also in negotiations with JUB Engineering about a major trunk line that the city proposes to build across our property and eventually up the west line Meridian Planning & Zoning June 16,2005 Page 67 of 93 between the property you just talked about, the Silver Oak, and, then, on up into eventually hook up with the Black Cat pump station. We want to clarify that that is a city constructed trunk line and we are not party to funding any of that. And so we want to make that clear. We have been working with the Conger Management Group, which you had up first this evening. They have worked well with us. I might just add we are proposing -- I see a joint access off of Franklin and this will, eventually, become a small traffic circle here and you have talked about that at length already tonight. But, then, you know, they will go west into their mixed -- their high-density area and we will go right into our church parking lot area. We have notified our neighbors about our proposal tonight. We invited them to a public meeting and nobody showed up, except for the Conger Management people that were here earlier. We have done a traffic study and have hired Doby Engineering to give us data about Franklin and Ten Mile and we intend to negotiate vigorously with ACHD for three access points, both on Ten Mile and on Franklin. So, we want to make that clear. We are active supporters with the city for the Ten Mile interchange and if you recall when the governor was here and signed the GARVEE bill and it showed up in the picture, a placard held that said number ten that was our sign. So, we are active supporters of that interchange. We have looked at your staff report and we are pretty comfortable with it, but if we -- if it is -- if our annexation is approved tonight, we would like to sit down very early with the city attorney and work out a development agreement and we will start off initially with just some general concepts, we have given, really, some advance look at what we are thinking about and, then, we will build that probably over a 10 to 20 year period in stage development, coming back each time we propose a new building or addition to something for the specific permits. Again, we are looking at three major buildings on the site, plus a three acre pocket park, and our program could include over the next few years programs that would serve the community and, again, we have mentioned the possibility of a private or charter school, a cafeteria in the facility that might accommodate some of the public, but we are looking even so far as a possible branch campus for Boise Bible College being on this site. But, again, these are things that are still in the conceptual stage. We have talked to the Park and Ride folks and they are anxious that if this parking lot is developed here, they'd like to use that as a Park and Ride lot, because they said Franklin is going to become a major commuter route for them in the future. So, I guess with that I'm here to answer any questions you might have. Zaremba: Commissioners, any questions? Borup: I don't think I have any. Looks like an ambitious project. Woodward: It's an ambitious project. Yes. Consistent with the growth of Meridian. Newton-Huckabay: Ambitious. Woodward: Ambitious. Yes. Meridian Planning & Zoning June 16, 2005 Page 68 of 93 Zaremba: Well, I can agree with you that your church has been community minded. I'm one of those who has attended other meetings there. I don't attend your church, I'm sorry to say that for you, but I know how public minded your church has been and I'm thrilled that you're needing to do this kind of expansion. The other thing I would say -- I also appreciate your willingness to provide a conceptual plan. We do ask for that with annexations to make sure that we are talking about the right zone and we do take it as that, just conceptual. Woodward: That's right. Zaremba: But we do appreciate your willingness to put that in. I would ask a couple of questions, since you were here for the discussion with your neighbor to the west. Woodward: Yes. Zaremba: Are you comfortable with the amount of traffic that might be crossing your property from their -- what is now we are recommending be a public east-west road? It appears that their residents might consider your driveway as an extension of that road and the shortest way to get to Ten Mile. Is that comfortable for you? Woodward: No. Let me clarify this. Zaremba: Okay. Woodward: Up at our northwest corner we have already entered into a cross-access agreement with the owners to the west to provide emergency access, which was requested by the fire department, so that they have a second route in along the north side of our property. But that is not -- and that will be gated with a knocks box, okay? So, that is not a public road by any means to get to Ten Mile. In fact, there will only be a foot-bridge basically across Ten Mile Creek. So, the only access directly onto Ten Mile from the main church parking lot is going to be down here. Zaremba: Well -- and that's actually the -- I was going to ask you about that upper area, so I appreciate that, but I was focusing here. Woodward: Okay. Zaremba: They are likely to have a lot of traffic in what will be this intersection and it would look attractive to me to go straight across here to Ten Mile and are you either calming that or accepting that or -- or does that not seem to be a problem? Woodward: I don't think it's going to be much of a problem. If I live back there and, frankly, with the traffic I'm seeing on Ten Mile right now, which oftentimes backs up beyond Avest, I would tend to come out here to catch the light. Zaremba: That will eventually be there. Meridian Planning & Zoning June 16, 2005 Page 69 of 93 Woodward: Which will eventually be there. Which I think is supposed to be built within a year. Zaremba: Okay. Woodward: So -- yeah, there may be people driving across, there may be some coming down Ten Mile that would turn right. That would be more likely to cross our property. I'm not too concerned. Zaremba: Okay. And let me -- while you're there, let me ask staff a question. As part of the development agreement would it be appropriate, perhaps, to make the dedication of this, what will eventually be public right of way, to make that be part of phase one, so that it's one of the first things that happens or does ACHD have an opinion? Guenther: It would have to be a portion of phase one, because of the access points that are required, as well as ACHD has specifically in the conditions of approval for the multi-family development, stated how the road should be built with or without this project being included. So, they have got two designs and, then, when this project is included, basically, what they will add is another lane and, then, a turn-in lane, so -- Zaremba: So, that will happen whether we mention it or not? Guenther: Right. Zaremba: Okay. Thank you. Mr. Hawkins-Clark appears to -- Hawkins-Clark: I do have something to add. Mr. Chairman, if I could ask a question of the applicant. And this does somewhat relate to your first application tonight, but it relates to this one in terms of this emergency access and the knocks box that you had mentioned and it sounds like at least what you have put on the record tonight that you don't have a time frame for construction, but if that is to be used as a secondary access for the four-plex project, they would, obviously, need that access constructed in order for their approval to proceed and I'm assuming that that might be earlier than what you are anticipating construction. So, I guess it relates to will there need to be a construction of a roadway of some sort on this site. Has that been an item of discussion between you and the Conger Management folks? Woodward: It hasn't up to this point and, you're right, we do not have a fixed timeline when we would begin construction of our primary facility. So, if that were not built at the time they want to go forward, which I am told is apt to be a year before us. We are looking roughly at 2007 and they are looking at 2006 as starting. So, there is going to be a hiatus there. Zaremba: We did not ask them about phasing, but I -- if they started from front to back, would that be an issue within the first year of their construction from south to north? Meridian Planning & Zoning June 16, 2005 Page 70 of 93 Hawkins-Clark: I think it's probably difficult to say. You know, we don't allow more than 100 multi-family units without two points of access. Zaremba: Yeah. Hawkins-Clark: So -- and I think they had 77 buildings -- Zaremba: Four-plexes. Hawkins-Clark: -- three hundred and some units. So, you know, less -- probably about a third of their project before they would have to have a second access and, yeah, I think the more that we are talking about it, the more I think that it really is -- the burden is on Conger Management to obtain that access and to provide that and it probably isn't something, now that we are talking it through, that would need to be placed on this annexation. They would just have to prove to us that they obtained the church's consent and they obtain an easement and, then, they have to provide that easement to the city before they get to move beyond their one hundredth unit in the future. Zaremba: So, they would get a permit for the first one hundred and they'd have to prove they have the second access -- Hawkins-Clark: Correct. Zaremba: -- before it could go any farther. Hawkins-Clark: Yeah. So, I think that it could probably be handled privately. Woodward: Brad, let me ask you this: Would that route have to be a paved route? Could it initially be a graveled route? Hawkins-Clark: It could, yeah. Capable of handling a 70,OOO-pound fire truck. Woodward: Okay. Zaremba: Commissioners, any other questions? Thank you. Mr. Woodward was the only one signed up to speak, but if anybody else cares to. Thank you. Hearing none, then, we don't need a rebuttal again from Mr. Woodward. Commissioners? Close the Public Hearing? Rohm: Mr. Chairman, I move that we close the Public Hearing on AZ 05-023. Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Meridian Planning & Zoning June 16,2005 Page 71 of 93 MOTION CARRIED: ALL AYES. Zaremba: Before you make the motion I would make one comment. On page two of the staff report, the paragraph that begins location, it's say the subject site is located on the southwest corner, that should be northwest corner. It did say it correctly other places. Guenther: Which page was that, Mr. Commissioner? Zaremba: Just a small typo. Guenther: Which page was that, please? Zaremba: This is page two, the big -- big title is location and it says the subject site is located on the -- it should be northwest corner. Just a typo. As I say, it was correctly identified other places. Rohm: Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we forward onto City Council recommending approval of AZ 05-023, to include all staff comments received June 10th, 2005, for the hearing date June 19th, 2005. End of motion. Moe: June 16th? Rohm: 16th. Moe: I will second that. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. Thank you. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: PFP 05-002 Request for Preliminary / Final Plat approval for three building lots on 5.93 acres for Monica Subdivision by B2 Investments, LLC - north of West Franklin Road and west of North Linder Road: Zaremba: Okay. Item 12. I'll the open Public Hearing for PFP 05-002 and this relates to Monica subdivision, north of West Franklin Road and west of North Linder Road and we will begin with the staff report.