HomeMy WebLinkAboutAugust 4, 2005 P&Z MinutesMeridian Planning & Zoning
August 4, 2005
Page 2 of 57
C. Approve Minutes of July 7, 2005 Planning and Zoning Commission
Meeting:
Zaremba: Next is_ th_e Consent Agenda, which is the approval of three different sets of
minutes and first let me ask the C.o.mmissioners if they have any comment on any of
these? And, then, I will admit that I do have a comment on a couple of them. No
comment on June 16th. On the minutes of April 25th, on page 36, about the middle of
the-gage, I mentioned Diane Kushlan and the spelling of her name is actually K-u-s-h-I-
-- --~--- a~n. So, I would correct that spelling. Middle of page 36. And, again, at the bottom of
page 50, I mentioned her name again and, again, the spelling should be K-u-s-h-I-a-n.
Going back to page 41, one, two, three -- about the fourth paragraph down is attributed
to me speaking and, actually, that was Director Canning speaking, the sentence that
started, well, we are supposed to do a map. Those are my only changes on April 20th.
On July 7th, the only change is at the beginning, both under members present and
under roll call it shows Commissioner Rohm as present, but he was, in fact, out of town
that day. So, that's my only correction. Am I correct you were not here on the 7th of
July?
Rohm: I was not here.
Zaremba: Okay. And all of the votes accurately show that we had one absent, so it's
only on that first page. And the chair would entertain a motion to accept these three
minutes with the amendments.
Rohm: Mr. Chairman?
Zaremba: Commissioner Rohm.
Rohm: I move that we accept the Consent Agenda as amended.
Moe: Second.
Zaremba: We have a motion and a second
Motion carries.
MOTION CARRIED: ALL AYES.
All in favor say aye. Any opposed?
Item 4: Recommendation: VAC 05-011 Request for Vacation of the ACHD alley
through the center of the property in a O-T zone for Steel Ventures by
Zeke Johnson - 27 East Broadway:
Zaremba: Item 4 on the agenda is a recommendation to the City Council and,
eventually, to ACHD. This is not a Public Hearing, but we will have same discussion
and, then, a recommendation and we will begin with the staff report.
Meridian Planning & Zoning
August 4, 2005
Page 3 of 57
Wilson: Thank you, Mr. Chairman, Members of the Commission. The applicant Zeke
Johnson with Steel Ventures, has applied to vacate a portion of the alley -- of an ACRD
awned alley in the block that lies between the railroad tracks and Broadway and also
between Meridian Road and Main Street, downtown Meridian. As part of the ACRD
vacation process, the applicant is required to obtain consent from the City of Meridian to
vacate the alley. The actual vacation of the alley will take place -- will be done by
ACRD, so this is the applicant's first step in the process and in this case the City of
Meridian is treated as a consenting party, much like in a normal easement vacation that
the utility companies would be. We are relinquishing any claim or any need for the alley
and, then, ACRD will go ahead and process the actual vacation. There were a couple
of conditions placed on the application by the Public Works Department. They do have
a city sewer main that does go through the alley and arrangements need to be made for
that. When something happens to be built over the alley, the intent of vacating the alley
by the applicant is that same day a building may actually cover the alley. When that
happens, if the city has a sewer main under there, that's, obviously, a problem, so we
did make some arrangements to insure that the sewer problems and sewer issues are
taken care of. If you have any specific questions I will let Mike handle those. So, the
applicant was required to submit a bond for the -- for an estimated cost of those
improvements before the application is heard by City Council. Other than that, I think I
will stand for any questions. The applicant has just represented in conversation with the
staff that the intent of vacating this is that some day a building may be built across the
alley. And I will take any questions now.
Zaremba: Commissioners, any questions?
Moe: No.
Zaremba: I have one comment. The vacation of this certainly seems like a reasonable
step in the progress of this piece of property and I hope it does develop into something.
The one thing I would ask that we perhaps include in the notes to ACHD for them to
look at, the alley presently is a one way alley from east and west. This is a City of
Meridian public parking lot and we have just recently approved a development on what
used to be the Shell station and I guess I would ask them to consider what happens to
that traffic pattern with the one way -- one way alley, either needs to not be one way or
something else needs to happen. But that's just a comment.
Wilson: And, Mr. Chairman, I think you're correct, that ACHD will include that as part of
their analysis in the vacation process. It's kind of up to them to insure that some sort of
traffic circulation pattern does happen there and, on a side note, I think it's quite
passible in the future this entire alley may be vacated through discussions of what may
happen with this block. So, it may go away entirely some day, so -- not that they will
take that into current the process, but they will have some sort of means for traffic
circulation in the meantime.
Meridian Planning 8 Zoning
August 4, 2005
Page 4 of 57
Zaremba: That makes sense. Thank you. Commissioners? Are we ready to make a
recommendation to City Council and, therefore, onto ACHD? I would entertain a motion
for that.
Borup: Mr. Chairman?
Zaremba: Commissioner Borup.
Borup: I move we recommend approval to City Council of File No. VAC 05-011, as
presented in the staff report for the hearing date of August 4th, 2005.
Moe: Second.
Zaremba: We have a motion and a second. .All in favor say aye. Any opposed?
Motion carries.
MOTION CARRIED: AI.L AYES.
Zaremba: Okay. Now, we are ready for the Public Hearing portion of our meeting this
evening and for those of you who don't come very often, I will review our procedures far
you. The applicant and our professional staff have already spent quite a bit of time
together on each of these items and particularly the ones that have been continued
have been reviewed pretty thoroughly. So, we begin each subject with a presentation
from our professional staff. That will be followed by a 15 minute presentation of the
applicant where their -- what our professional staff will do is identify the project and
where it is and what issues have been discussed and anything that needs to be
resolved still. The applicant, as I say, then, has 15 minutes and that includes any
supporting staff of engineers or architects that they wish to bring to respond to anything
that staff has brought up or add anything that they feel we need to know about. At that
point, then, it's open to the general public and that is where we wish to hear your
comment and our feeling is if it's important enough for you to come down here, it's
important enough for us to make sure that we hear you, so we ask that you only speak
when you're at the microphone. Do come to the microphone and identify who you are
and where you live for the record, please. And we ask you to limit your remarks to three
minutes, so that we don't continue to go on until 1:00 o'clock in the morning with all of
the hearings that we have. We appreciate that. We also appreciate it very much if you
can stand up and say I agree with what Jae just said and not repeat it, but only add
what you feel might not have been covered. We will know what you mean if you do that
and we appreciate it. After that, then, the applicant will have achance -- they should be
taking notes while everybody is speaking and the applicant will, then, have a chance to
come back and clarify any questions that you have raised or explain anything that they
can explain and they are given ten minutes to do that. We have a handy light system
here. When the green light is on you have time to speak and, then, it will to go to yellow
and you should start to wrap up and, then, there is -- when the red light comes on,
please, conclude. It's not lit right now, but this is where it is right here. And, then, the
end result is that we will close the Public Hearing and deliberate amongst ourselves and
Meridian Planning & Zoning
August 4, 2005
Page 5 of 57
make a recommendation to City Council on the project, where there will, again, be a
Public Hearing on each of these items. So, we try and iron out as many of the problems
as we can, if there are problems, before it gets to City Council, but there are public
hearings in bath places.
Item 5: Continued Public Hearing from May 19, 2005: 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:
Item 6: Continued Pubiic Hearing from May 19, 2005: PP 05-014 Request far
Preliminary Plat approval of 17 building lots and 2 common lots on 5. 89
acres in a proposed R-4 zone for EI Gato Subdivision by C2B
Development, LLC - 701 Black Cat Road:
Zaremba: So, that being said, we are ready for Items 5 and 6. I will open the public
hearings -- reopen the continued public hearings far AZ 05-012 and PP 05-014, related
to EI Gato Subdivision by C2B Development, LLC, 701 Black Cat Road. And, as I said,
we will begin with the staff report.
Canning: Chairman Zaremba, Members of the Planning Commission, just to get you
back up to speed on where we are located, it's at the corner of Pine/EI Gato and Black
Cat, on the southwest corner there, and as you can see it's -- many of the surrounding
properties are developed in large five acre lots, but there are new urban density
developments close by. And this is the current preliminary plat. And let me go back
and remind you that you did conduct a Public Hearing on this on July 25th and at that
time you asked the applicant to come back with the following changes: A design that
met the R-3 zone standards, instead of the R-4, a request for 11 single family residential
building lots, instead of 17. There was same discrepancy as to what the property was in
relationship to the current right of way that ACHD had acquired. So, there was just
questions about what the size was and the reason that staff had questioned that was
because at five acres, then, some additional open space requirements kicked in. So, I
think we have resolved those. And, then, a question about the future vacation of the 2p
foot ACRD right of way on the south end of the property. And, then, along with that,
then, the applicant would no longer be requesting a step up in density if they kept it the
R-3 zoning designation. The applicant has done open space calculations. They seem
to be just a tad bit shy of the five percent, but if they square up their preliminary plat,
then, we feel that they will make that. And the staff report notes that they have
indicated asix-foot chain link fence. I think the applicant's representative stated that
they'd prefer to do a wrought iron fence along the Purdam Drain. Staff has also noted in
the amended staff report that they feel it's important to have a vacation application that
is submitted concurrent with this application. I believe that the staff report says before
the final plat, though. I'll have to check that. Sorry. And those were the primary
changes. These are some pictures. Again, this is where the two roads converge. You
will remember there is probably a lot of discussion about EI Gato and Pine. I think we
have those issues resolved as to how to go from two rights of way down to one. This is
the area along the Purdam Drain. The work in the front is the road widening project --