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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 --