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HomeMy WebLinkAboutSept 5, 2002 Meridian Planning and Zoning Commission Meeting September 5. 2002 Page 24 of 47 has been forthcoming, so I believe that we can table it and re-notice it up on the next hearing docket. Borup: Yes. We did have no one here to testify. Zaremba: The maker of the motion did use the word continued and I would be happy to amendment that to tabled. Borup: Second? Shreeve: Second. Borup: Okay. All in favor? Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT Item 10: Public Hearing: CUP 02-022 Request for a Conditional Use Permit for a three building office complex in an I-L zone for Treasure Valley Business Park by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: Item 11: Public Hearing: PFP 02-002 Request for Preliminary/Final Plat approval of 3 building lots on 2.66 acres in an I-L zone for Treasure Valley No.2 Subdivision by Clark Development -- southwest corner of North Eagle Road and East Fairview Avenue: Borup: Then let's move Item Numbers 7 and 8 to the end of the agenda and go into Item Numbers 10 and 11. Public Hearing CUP 02-022, request for a Conditional Use Permit for a three building office complex in an I-L zone for Treasure Valley Business Park by Clark Development. Also, Public Hearing PFP 02-002, request for Preliminary and Final Plat approval of three building lots on 2.66 acres in an I-L zone for the same Treasure Valley Number 2 Subdivision by Clark Development. I'd like to open both these public hearings at this time and start with the staff report. McKinnon: Thank you, Mr. Chairman, Members of the Commission. I assume you have read the staff report and it's a fairly short staff report. I'll give you a brief overview of it, though. On the overhead you will notice the location of the property, again, is the bolded property on the map in front of you. It's on the corner of Florence and Eagle Road, directly across from the Family Center Shopping Center. The question for the Preliminary Plat is to separate the existing single parcel into three separate parcels, but prior to having that recorded they have requested a Conditional Use Permit to allow for up to three buildings to be placed on that lot prior to the recordation of the Final Plat. The applicant has requested that they be allowed to put three office uses on this lot at this and then in the future have the plat recorded. The types of uses that are requested are the office -- typically medical office. T hey have already received a certificate of zoning compliance for the first building, which is the Primary Health building. That's the Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 25 of 47 northern most property that's highlighted by my laser pointer. Not exactly, but it should have -- there we go. This is an elevation of the building that's already been approved. The Landscape Plan for the entire parcel was approved with this building when it came in for a Certificate of Zoning Compliance. The Landscape Plan is very similar to the one shown on the map in front of you. The rest of the building will follow a similar design as to the one shown in front of you at this time, as it's a conceptual -- the Planned Development so we could show the elevation of what the other buildings would look like, the typical office buildings. The site plan has one or two items that I'd like to point out to you. The site specific comments on page three, item number one, the applicant in their proposal did not show a detached single sidewalk on Eagle Road and per our ordinance they are required to put in the five foot detached sidewalk. I'm sure the applicant will be a ble to address that. The other items a re very straightforward, just some changes to the plat. The Conditional Use Permit essentially says that the uses would be permitted if it weren't for the fact that it has not yet been split into a subdivision. One other item of special note tonight in the staff report -- and I know that the Larry Strite, the architect, is here tonight. I'm sure he is here to address this, is that within the project itself there is some parking stalls that are 17 feet in length that they provided for some oversize sidewalks and landscape areas to provide for some over parking, some areas that the bumpers can hang over. In the past the Planning and Zoning Commission and Council have approved the shorter stalls with the overhang on the oversize sidewalks and for the landscaped area. About 40 percent of the parking stalls in this project are shown at 17 feet, but that's not a major concern of staff at this time. With that, I'd ask if there are any questions. Staff does support this project and turn the time over to you. Borup: Questions from the Commissioners? Zaremba: I do have one question and I will kind of focus it around Item 4 on Page 3. Development of this property shall be in accordance with the recorded Development Agreement. I don't have that, but what my question is -- when the plat is eventually finalized, if this has three separate properties, one of each of these buildings on it, do we have anything that says that there will be a Cross-Access Agreement for parking, if it's going to be three separate properties? I'm guessing that would not be in the development agreement, because splitting it was not anticipated. Freckleton: Mr. Chairman, Commissioner Zaremba, Members of the Commission, I thought we had that covered, but we don't. It would be appropriate to add that into Site Specific Number 3 on Page 3 that the Cross-Access Easement be noted on the face of the plat. Zaremba: Want to make that Item 10? Freckleton: That's fine. Zaremba: I don't know how many items there are, so -- Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 26 of 47 McKinnon: That would be Item Number 10. Zaremba: Okay. That was all of my questions. Borup: Dave, which was the 17-foot parking? Along which side? McKinnon: The 17 foot parking is on the southern half of the property. It's not a part of Primary Health, so if you were to go south of the Primary Health Building -- I have got a scale if you would like to take a look at it. It's really hard to differentiate between a 19 and a 17 on the map without the use of a scale. Borup: Yes, it is. McKinnon: If you'd like to use a scale I have it. As I said, the -- Borup: What was the size of the sidewalk then? McKinnon: It's a six-foot sidewalk that is shown on the -- within the internal area. Borup: Okay. That was my question. That's what looked to me like the notes or so on a six-foot sidewalk. McKinnon: Like I said, it's an oversize sidewalk. Borup: Just one foot over size, though. McKinnon: Right but you would still have a four-foot wide walk path. Borup: With a two-foot overhang, so there is four feet left. McKinnon: Yes. Borup: Okay. Would the applicant representative like to come forward? Strite: Chairman Borup, Commissioners, Billy Ray Strite, 1010 Allante, Boise. I'm here with Caven Homes for Primary Health, as well as Mr. Cook, who have been before us he's with Briggs Engineering. If, in fact, there are any questions regarding the preliminary plat, he's here to hopefully help me. He's substituting for Steven Arnold, who I think had some teeth work done today, so he's not here tonight. Quite frankly, we find the staff report acceptable, very positive, we are happy with the results. We do have two concerns. I think that David has already mentioned the first one. For those of you who have been here for awhile, you will know that we have testified regarding these 17 foot spaces probably a half a dozen times, the last one being the Wendy's at Corporate Drive where I quoted the Urban Land Institute and I think probably a good example -- probably the best example is that if you go out and look at your parking lot out here, you have 19 foot spaces, whereby you have a curb and sidewalk and then Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 27 of 47 three foot beyond that you have a parking bumper, most of which are deteriorated badly and have been a very difficult thing to maintain. As Mr. McKinnon has noted, those .- those considerations were taken to this particular Commission, as well as the City Council. So far we have been successful in convincing them that 17 foot spaces are, in fact, appropriate, considering that ULI does suggest that the national average for cars from the wheel base to the front bumper are somewhere in the neighborhood of 2 foot six to two foot eight inches. Having said all of that, if we could just construct or reconstruct item number three to reflect 17 -foot spaces, we would appreciate that. The second item of concern has to do with a request five a foot sidewalk. Now this request - - and I will have to send you back to the preliminary plat. Borup: You're talking about the one on Eagle Road? Strite: Yes, sir. Borup: Okay. Strite: What I'd like to suggest to you .- spoke to Dan Kunz today at lTD. They would prefer that we do not have a sidewalk. I'd like to also suggest to you that over 50,000 cars a day are now using Eagle Road. There is no sidewalk south of this site, so, really, this particular sidewalk would have absolutely nowhere to go. What I think more importantly you will find in our proposal in the site plan before you is that we provided interior sidewalks that run from the south edge of this boundary north to Florence Street, we are providing a crosswalk at Florence Street across Olive -- excuse me -- across Florence Street at Olive. We will be before you next month or the following month with the north half of this parcel, which we refer to as Treasure Valley Business Park Phase 1, which includes all the northerly lots north from Florence to Eagle Road and westerly to Hickory. Wherein we have internal circulation that will tie to the proposed crosswalk in this application that will give internal circulation, which I think is probably more appropriate and certainly more safe than putting the sidewalk out on Eagle Road. It appears at this particular point in time the majority of any pedestrian traffic, if, in fact, there is any, would be coming from Blue Cross and anything that is developed in the south of this site. I think also we have to keep in mind that ITD is considering the interchange at Eagle Road and Fairview and if, in fact, that is the case, there will be internal circulation from that particular intersection down to the site, which, again, we will tie to the crosswalk that I have mentioned previously. I think those two things I'd like your consideration on and certainly, from the standpoint of safety, as well as pedestrian circulation, I think we all have to look at what's happened to Eagle Road. When I was here last -- and I want to say it may have been the Crossroads back a few years, I think at that particular point in time we were talking about 35,000 and 40,000 cars a day on Eagle Road. Today we are experiencing, according to Dan Kunz, some 50 to 55 thousand cars a day and he expects it to get even greater. I would like your consideration on that particular item, as well as the afore-mentioned parking item, which has been before you on numerous times. Dave would love to see you guys suggest to the City Council that the ordinance be changed to reflect those kinds of changes consistent with the Urban Land Institute's edict that 17-foot spaces certainly are Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 28 of 47 appropriate. With that I will end my comments. If there is any comments relative to the plat that maybe I can address, when Richard is up here, I would be happy to come back before you .and if you have any questions of me, I would be pleased to answer them at this time. Borup: The only question I had on the plat was not pertinent, but I was just curious on the jogs -- I'm not going to ask you that. I do have a question on the site. Could you clarify again where the internal sidewalks are? You said there is one down -- did you say down Olive Avenue? Strite: Chairman Borup, we are running sidewalks from the southerly extension of Olive north to Florence and from Florence, the intersection of Olive Avenue to Florence, we have now delineated a crosswalk that takes you due north onto the potential sidewalk for phase two, which, as I mentioned, will be coming before you potentially next month. We are submitting that on the 15th. Borup: And Olive ties into what right now? Strite: Well, Olive ties into the required emergency exit to Blue Cross on the south. Borup: Okay. Strite: There is presently - Borup: That was the foot traffic you were talking about? Strite: That's correct. Borup: From Blue Cross would come -- Strite: That's correct. Borup: All would be direct access to that? Strite: There is presently a cul-de-sac there. That was put there as a temporary turnaround by the Fire Department as required by the City of Meridian. However, when Blue Cross was developed, they asked for a secondary access. They now have a secondary access that comes directly north on Olive and that's why the cul-de-sac, as you see delineated there in the dotted line, will be removed, because they now have access into Blue Cross and vice-versa. The Fire Department also has the required hammerhead turnaround at the south end of Olive created by the southerly extension of Olive and easterly access into the Meridian dental parcel. I t rust that a nswers your question? Borup: Yes, it does. Any questions from the Commission? Any Commissioners? Maybe while .- Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 29 of 47 Zaremba: You're saying -- you're involved in the development north of Florence and there is not going to be a sidewalk there either? Is that what you're saying? Along Eagle Road? Strite: Commissioner Zaremba, what we are proposing at this particular point in time is the internal sidewalks will, in fact, extend north across Florence .. to extend northerly, if you will, on Olive and will extend all the way westerly to Hickory, which is the westerly extension back onto Fairview. We are suggesting and hoping that this Commission will act upon the fact that we do not have external sidewalks along Eagle Road, either on this particular site south of Florence, or north to Fairview. We prefer to do it internally, because we are convinced that the traffic out there -- number one, it's very dangerous I think to walk that side, but, Number 2, internally I think the traffic is going to come from the inside, because most of the development now is to the south and to the west. What we are hoping is that internally the pedestrian traffic will follow Olive up and around and westerly to Hickory or into what is eventually going to be developed north of Florence. The long way around a short question, but I just think it's inappropriate at this particular point in time, due to the fact that the traffic, as already mentioned, to put a sidewalk onto Eagle Road. I mean Blue Cross does not have a sidewalk there is nothing south there at Pine Street. So the sidewalk really doesn't go anywhere. There is internal traffic -- or internal pedestrian access, as you probably already know -- in fact, there is a very nice jogging track on the south side at Blue Cross. We can pick that up and go all the way to Pine Street without going back onto Eagle Road and I think that's important. Borup: Any other questions? Zaremba: I brought up the issue with staff about a Cross-Access Easement Agreement among the parking lots when this is divided into three lots. Is that a problem? Strite: No. As a matter of fact, that would be part of our conditions. We have to do that internally and we would be happy to put that as a condition. Zaremba: Okay. Borup: So the only two items that you're looking at changing would be on parking, the 17-foot parking, and the sidewalk on the Eagle Road? Strite: Chairman Borup, actually-- Borup: You're in agreement with all the other staff comments? Strite: Yes. We have absolutely no concerns over the staff report as it relates to the conditional use. Unfortunately, the comment relative to the sidewalk occurs on the preliminary plat. Borup: Right. MeridIan Planning and Zoning Commission Meeting September 5, 2002 Page 30 of 47 Strite: And if Richard would like to discuss that -- as I say, he's kind of filling in for Steven and in that respect, if you'd like, I'd come back up and comment. Also, if I might, while we are -- now that you brought it up, under the general comments, Item Number 4, the Preliminary Plat, the pressurized irrigation system -- and, again, I would be happy if you think it's more appropriate, I'll come back up at the time and discuss that. Borup: No. We are kind of handling testimony on both at the same time. Strite: As it presently stands, we do have the ability to get water on the southwest .- excuse me -. southeast comer of this particular site. We will find in our submitted drawings to the city that we are proposing a new pump station at the southeast side of the site that will proceed north along the 35 foot landscape strip that will provide pressurized irrigation in the future to not only this site, but the northerly site. I thought I better address that now, unless you would rather discuss it with Richard. I can tell you right now, that Briggs Engineering has been commissioned to complete the pumping station and the pressurized irrigation north along our easterly boundary. Until such time as phase two, which, again, without being redundant, will be before you either next month or following month, depending upon the submittal date, we would ask that pressurized irrigation be noted on the plat. However, we would like to have it deferred until such time a s phase two is constructed, a t which point t he pressurized irrigation system will be mandated to move north and provide the pressurized irrigation tot he three sites that are before you tonight. Borup: Well, what -- is what you just said really different from what the staff comment is? Strite: Well, it does -- only if it -- maybe it's just a matter of semantics. It says the year around pressure irrigation system must be provided to all lots within this development. We certainly agree to that but perhaps we can write it such that it's deferred until such time as phase two comes on board, at which time we are prepared and are planning to develop that pressurized irrigation system. Borup: So you're saying that this development would be fully developed before you have an operational system that -- Strite: No. Let me clarify that, if I can, Chairman. Primary Health will be submitting I believe this week -- tomorrow, perhaps, but maybe Monday, for a Building Permit. They are going to move forward. Obviously, we will not have the Preliminary Plat even completed until such time as the City Council sees it. However, they are allowed to build one building on the site, which they are going to do. Borup: So their building could get built before the irrigation. Strite: That's what we are asking for, to be deferred until such time as either the second building, if that's your preference, is built and ready to occupy or until Phase 2 is -- Meridian Planning and Zoning Commission Meeting September 5. 2002 Page 31 of 47 Borup: That would happen before the following spring? Strite: Yes, I would certainly think -- Borup: Before next irrigation season? Strite: Yes. I would certainly think so. Yes, sir. Borup: Okay. Any, I guess, input from staff on both those items, the Eagle Road sidewalk and the irrigation comments? Freckleton: Mr. Chairman, Members of the Commission, last week we learned that irrigation season is going to end in about a week, so about the 15th of September . irrigation water is going out. I don't have a big problem with what Mr. Strite is proposing. I guess I need a little clarification on what is Phase 2. Is Phase 2 north of Florence, the additional land north of Florence to Fairview, or are you referring to Phase 2 being future building two and maybe Meridian Family Dentistry? Strite: Mr. Chairman, if I might. Bruce, what we are considering Phase 2 is actually referred to as the Treasure Valley Business Park Phase 1. If it occurred, it would be north of Florence Street to Eagle Road and the four lots that are north of the extension of Olive to Hickory, which would exclude only the three lots that are presently developed I guess from Hickories east. I think their last building is an Office Depot or something like that -- Freckleton: Office Value. Strite: Office Value is the last -- it's all those lots south of that, if you will -- east of that and south of Florence. Freckleton: Okay. Strite: So it's the remainder of what they refer to as to Treasure Valley Business Park Number 1. Freckleton: Would you be able to put in any of the system now that would keep you from having to tear up landscaping or anything around Primary Health for the extension of the mains north a long Eagle Road? I guess what I'm wondering, can any of the infrastructure for the irrigation system be put in with the development of Primary Health to keep you from having to tear things up? Strite: Mr. Chairman, if I might. Yes, Bruce, as a matter of fact, I think we probably would like to do that, because the 35-foot of landscaping which is going to have to go in under this -- this particular application, certainly we would be prepared to do that. The point I was trying to make -- and I think that the chairman was astute in bringing it up, is that Primary Health is going in now. It may be a fact that we won't get that landscaping Meridian Planning and Zoning Commission Meeting September 5. 2002 Page 32 of 47 in place at the time that the Building Permit is issued. By the time we get into either future building Number 2 or what we refer to as the Meridian Family Dentistry, yes, in fact, we would have the infrastructure from the south pumping station to at least the south edge of Florence Street and I think we can assure you of that, yes. Freckleton: Okay. Mr. Chairman, if I might maybe propose -- what we have before us now is this project. It's confined by Florence and Eagle and Olive and Blue Cross on the south. I guess from my perspective I would like to see the requirement for the irrigation system maybe tied to the second building, like Mr. Strite had said, or, you know, development beyond the Primary Health. I guess my thinking there is with economic times the way they are, it might be -- you know, who knows how long it will be before the rest of the project develops out that we have not seen an application on. I just throw that out for your consideration. Borup: And your concern is until that happens that there is no water available? Freckleton: The irrigation system might not get built. Borup: Yes. Strite: We are prepared to do that I think. Borup: Okay. Strite: Incidentally, I did send Brad a request today for the 300-foot notice, so I can assure you that the second phase will be in here soon, but -- Borup: Do you have an approximate construction time on the Primary Health building? Strite: Primary Health is coming in for a Building Permit on I believe Monday, so it's imminent. They are prepared to start. Borup: The construction time, do we know that? Strite: I think in four months. Borup: Okay. So not -- Strite: He's the builder. I'm the dreamer. Five months so it would be at the irrigation season. Borup: But you're prepared to tie that to the second building? Strite: Yes, sir. Borup: Or a time frame? Either one? Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 33 of 47 Strite: Whatever is the choice ofthe Commission. I think we can live with either one. Borup: Bruce, the irrigation season next year? Strite: No, we don't want to get into a little unnecessary construction during the winter, but -- Freckleton: Sure. Sure. Strite: If you want to tie it to that -- my suggestion would be that Primary Health may, in fact, end up bonding for the landscaping on the 35-foot setback anyway, because of the timing now. So that by next spring we could have the infrastructure in place prior to them landscaping. Freckleton: Sure. That's fine. I don't see the Primary Health facility being a huge impact on irrigation, if they water with city water for a temporary period of time, so -- Borup: Yes. They are going to be moving in, in February. Freckleton: Yes and it is pretty tough to build a system, test it and activate it in the middle of winter, so -- Strite: I don't see a lot of landscaping being done at -- Freckleton: No. So-- Zaremba: How about a statement something like this: This system shall be installed with construction on this property and may be connected to source from Treasure Valley Business Park Phase 2 to the north of Florence. Time is during the construction on this property. Borup: Well, the source isn't -- the source is the southwest - southeast -- Strite: Southeast corner. Yes. Zaremba: Oh, I'm sorry. I thought you were sourcing it from -- Strite: No. The southeast corner is our source. Borup: They were going to service -- they were going to service the other one. Strite: Yes. It's our - we are anticipating that the pumping station will be in the southeast corner and just south and east of what we refer to there as the Meridian Family Dentistry. It will go due north up that 35-foot landscape easement, across Florence Street, and serve the entire phase two is what we are referring to. Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 34 of 47 Borup: So think that's -- Zaremba: So two is sourcing from this one. Borup: Yes. Zaremba: So there isn't any reason why this shouldn't be installed and just leave a stub that you can -- Strite: No. No. We are prepared to -- we are prepared to install the infrastructure and get it prepared and I guess -- I guess from the standpoint of the development, it might be best, I mean for us, would be to tie it to maybe the Occupancy Permit of the Meridian Family Dentistry, if that's acceptable. I think we are flexible on -- Borup: Yes we can incorporate that into the statement you just made. Zaremba: Yes. Borup: Okay. Then any other comment on the Eagle Road sidewalk? McKinnon: Mr. Mayor, Members of the Commission. Bill, you referred to that right now is not the appropriate time to install a sidewalk on Eagle Road and you mentioned the traffic counts. We agree with the traffic counts and we agree that it's somewhat dangerous. That's the reason why we requested that the sidewalk be a detached sidewalk, so it's not immediately adjacent to the project. My mind, as you were speaking, started recycling all of the information of the projects that have recently been approved on Eagle Road and what the requirements were on Eagle Road. Directly across the street from this project in the Presidential Subdivision there was a requirement for a detached sidewalk and that detached sidewalk is a meandering sidewalk and it has been installed. There is a sidewalk in front of the Eagle -- I guess the Eagle Road Fairview Family Center Shopping Center and currently the R.C. Willey Subdivision, Willey Subdivision, on Franklin and Eagle Road they are installing a sidewalk. ACHD is actually designing the sidewalk on Eagle Road from the intersection heading north to Lanark and that is to be a detached sidewalk as well. Elixir Subdivision was another that -- that there was a requirement as per the ordinance and Elixir Subdivision had some topography issues that they needed to request relief from through a Variance. The Variance was issued to them by the City Council, so that they would not have to install a sidewalk on that west side of Eagle Road. However, it was only through the Variance procedure that they allowed that not to happen, because it is ordinance that requires this. Just to go back to how I started, Bill referred to the fact that now is not the appropriate time. Staff would disagree with that statement, saying that if it's not installed now, there won't be other opportunities without spending a lot more money to disrupt traffic on Eagle and without having to go through the construction and then the tearing out of landscaping and then installing the new sidewalk. I can't dispute what the applicant has stated concerning the traffic counts. There is not a great deal of pedestrian traffic, there is not a connection to the south, but Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 35 of 47 if you don't start now, everything becomes harder in the future and that's why I would leave it. Borup: Did curb and gutter go in yet? Strite: Mr. Chairman, curb, and gutter are already existing there. If I might, Mr. Chairman, respond to Dave's comments. I think all of the as-build, if you will, sidewalks occur on the east side of Eagle Road presently and in talking to Dan Kunz, again, without being repetitive, he says when the intersection goes in that they actually, quite frankly, would discourage sidewalks along the west side. There are no places for the sidewalk to go and if internally we could accommodate the pedestrian traffic, which -- and I have to agree with Dave, down south where it is a residential area, perhaps that is appropriate, but you have to take in consideration at the time that we brought in the commercial subdivision to the east, there was less than 40,000 cars a day rushing up and down that roadway. Today there is over 50,000 cars a day. I just think it would be more appropriate and a heck of a lot more safe if, in fact, all traffic pedestrian wise, if you will, would be funneled up only the east side and force them to make any -- and probably I shouldn't have to suggest forcing, because I think that's the only way pedestrian traffic can get east to west or west to east is going to be either Pine or it's going to be at Fairview. Once they get onto that side, they cannot proceed north on Pine, because there is no sidewalk. They come internally and get onto the walking path that Blue Cross has so gracious provided, we pick up that path at our south boundary, we pick it up, and we take it all the way north of Fairview. I think that's more appropriate and more consistent with good planning but I'm not arguing his comments. Borup: N o. I agree completely with what you said, David, and this is the time and except for the fact that you said there is not going to be one on the Elixir property and they have already been granted a Variance and, again, t hat's building a sidewalk to nowhere. I mean I think you should have had it the whole way, you know, clear from Fairview to Eagle, but if the City Council has already ruled on that and we have got a void there, I don't know if it makes a lot of sense. McKinnon: Mr. Chairman, Members of the Commission, the void is a long ways away from this site and talking about a distance of over a mile from the Elixir property and the reason -- Borup: Wait. Over how far? McKinnon: The Elixir property -- Borup: Probably a quarter mile. A quarter to a third. McKinnon: It's a quarter mile, half mile. It's about a half mile. There is some distance there and the reason that they granted the variance -- they were required to go through a Variance and that might be the most appropriate way to address this is to have the Council make a determination on the Variance from the ordinance requirement, but they Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 36 of 47 granted the variance based on topography. The topography drops off rather rapidly, because that's where you start getting towards the hill and the topography dropped off rather rapidly, so that required the applicant to bring in a lot amount of fill and raise it and bring in some retaining walls to build the sidewalk. They felt it was appropriate not to have to install a sidewalk from the Elixir property. One other comment I just -- Bruce and I were talking -- as far as Blue Cross providing pedestrian access, there is a question in my mind as to whether that pedestrian access through Blue Cross is the public or a private walking path. I don't believe there is a public easement for the use -- of the public to use that pathway. Unless -- in fact, that's a tickle in the back of my mind and for reason it doesn't seem to me that that was granted as a granted -- granted to the city for use through a public access easement. Zaremba: Is there any move afoot to have Blue Cross put a sidewalk along Eagle? McKinnon: Bruce and I have heard nothing concerning that. Strite: Maybe if I might, I can clarify that this is not the time. I did not mean that this is not the time for this Commission or the city to request it, but when -- what I'm expecting to see on Eagle Road -- and according to Dan Kunz, it's not the time, because we have got 53,000 cars a day, you're going to have probably closer to 70,000 cars a day within 2020. That's why they are putting in the intersection there. I didn't mean to suggest that this is not the time from the standpoint of getting into a development sense, it's just not appropriate, and I have to agree with David. I don't think that there is any pedestrian - or I should say public access to and from the Blue Cross building. However, if you will, that jogging path I'm sure is used by a lot of people. There is a lot of people from the west that are using it coming east -- coming north onto -- onto Olive, walking up to the intersection to get to the shopping center. I have seen that myself a number of times. Because there is absolutely no way, unless it's 2:00 or 3:00 in the morning, that you can cross from Blue Cross over to the shopping center on Eagle Road. Borup: It sounds to me like you just made an argument to have a sidewalk down to Pine Street. Strite: I don't -- Borup: Or down to Fairview. Strite: I think that the whole reason that they do that is because they want to avoid getting onto Eagle Road. They come from the west and they come onto that jogging path. Then they come north and then go up Olive Street until they get to the intersection. With the internal sidewalks that we are proposing on the internal streets, which, incidentally, are local roads which have the capacity of less than 2,000 cars a day, seems to me a little more appropriate for pedestrian accessibility than one that has 50 some thousand cars a day. Meridian Planning and Zoning CommIssion Meeting September 5, 2002 Page 37 of 47 Borup: It's going to be easier to cross Eagle at Pine than it is at Fairview, because of the turn lanes. Strite: I think that's absolutely correct. Ultimately that would be the case. Borup: Well, this Commission -- well, I mean where it is an ordinance, this Commission can't really -- I guess we can make a recommendation. Strite: No. All we would ask you for is a recommendation. Borup: But it would be up to the Council to really-- Strite: That's correct. We understand. Borup: -- handle that. Strite: We understand. Borup: 0 kayo Have we s pent enough time 0 n t his? We might want to have some discussion before we final close the Public Hearing. Did you have any other comments that -- Strite: I'm done, unless you have any -- Borup: Any other questions from -- Zaremba: Have we asked if anybody else wants to testify? Borup: Yes. Well, yes, we have got to do that, too, but, as I say, we may want to have some discussion before we -- okay. Zaremba: On the sidewalk subject, I would be inclined to leave it in as staff requested and have the applicant make their case to the City Council, either with a Variance or -- Borup: They are going to have to make their case there anyway. They could come from this Commission with no recommendation either way. Well, I guess there would be a staff comment. I guess we have, but -- okay. Was there anyone else to testify on this application? Well, essentially there is -- we have two -- we have two separate public hearings in front of us a nd really the 0 nly two areas was the parking and the sidewalk on Eagle Road. Anyone have any concerns with the parking as designed? Shreeve: I don't. Zaremba: I don't and I actually agree, although it doesn't need to be done right now, but that's probably a subject where we should change the ordinance. It probably makes more sense to have a wider sidewalk with an overhang, than to have the example with Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 38 of 47 the situation in the City Hall parking lot. The bumpers, when you get snow, snow removal is a problem. You have got this little gap in between the bumper and the curb and to just make the sidewalk that much wider makes sense to me. Apparently the applicant has done that. Borup: If we had some other -- Zaremba: Which really makes the stall 19 feet anyhow, it's just that a portion of it overhangs the sidewalk. Borup: Right. I agree. It looks like the discussion is that the sidewalk -- unless there is any other comment. Do we have the wording on the irrigation system? Do we have any other -- Zaremba: Let's see. The way I ended up with is this system shall be installed before occupancy of Meridian Family Dentistry building. Borup: Bruce, does that satisfy what was dictated and that works okay for the applicant? Okay then any other comments or discussion on the Eagle Road sidewalk? Shreeve: I think the sidewalk -- I think we ought to just leave it to the staff comments. It's got to go onto the City Council anyway. Mathes: I agree. Shreeve: Yes. McKinnon: Mr. Chairman, Members of the Commission, if I could rewind and go back to the irrigation issue. Bruce had a comment that I think makes a lot sense, is that, rather than tie it to the Meridian Dentistry building we just tie it to the second building. Borup: To the what? McKinnon: The second building. Borup: Oh. Yes. That makes a lot more sense. That's gives the applicant more flexibility, too. Zaremba: Okay. If a motion is in order, I move we close the Public Hearing. Shreeve: Second. Borup: Motion and second to close the Public Hearing. All in favor? Zaremba: Aye and that was intended to be on both items, CUP 02-022 and PFP 02- 002. A lot of twos. Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 39 of 47 MOTION CARRIED: THREE AyES, ONE ABSENT Borup: Okay. Let's address the first Item Number 10, the CUP application. Zaremba: Mr. Chairman? Borup: Commissioner Zaremba. Zaremba: I move that we forward to the City Council recommending approval of Item 10 on our agenda, CUP 02-022, request for a Conditional Use Permit for a three building office complex in an I-L zone for Treasure Valley Business Park by Clark Development, southwest corner of North Eagle Road and East Fairview Avenue. Actually, that's southwest corner of Florence and Eagle. To include all staff comments, with the addition that on Page 6, Item 3, all parking circulation within the project shall be in compliance the MCC 11-13, except that a portion of the parking stall may overhang the extended sidewalks. Borup: Does that need some more -- McKinnon: A little more clarification, because there is some areas where they back -- where they front on landscaped areas. Just point in fact, these areas right here in this area. Zaremba: So those parking stalls that have overhand expanded sidewalks and/or landscaped areas. McKinnon: Or just 17 foot stalls with two feet of overhang. Zaremba: Okay. The end result being that the stalls measure 17 feet with a two-foot overhang. I believe that's everything for the CUP. The other items are on the preliminary plat. Mathes: I will second that. Borup: Motion and second. Any discussion? All in favor? Any opposed? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Item Number 11. Zaremba: Okay. Mr. Chairman, I move that we forward to the City Council recommending approval of Item 11 on our agenda, PFP 02-002, request for Preliminary slash Final Plat approval of three building lots on 2.66 acres in an I-L zone for Treasure Valley NO.2 Subdivision by Clark Development. Southwest corner of North Eagle Road -- actually, southwest corner of Florence a nd east -- I'm sorry. Southwest corner 0 f North Eagle Road and Florence Avenue, to include all staff comments, with the Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 40 of 47 following exceptions. On Page 3 under site specific comments, Item 3, add a paragraph 10, which says, a Cross-Access Agreement is required for the parking lots. Preliminary Plat general comments, this would be added to Item 4, which begins on Page 3, but continues on to Page 4, at the end of that paragraph add the sentence, this system shall be installed before occupancy of the second building. That's all of my notes, I believe. Shreeve: Second. Borup: Motion and second. Any discussion? All in favor? Anyopposed? Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8: Public Hearing: AZ 02-016 Request for annexation and zoning of 42.72 acres from RUT to R-B zones for proposed Sundance Place Subdivision by G.L. Voigt Development - east of North Meridian Road and north of East Ustick Road: Table to September 19,2002 Meeting Item 9: Public Hearing: PP 02-010 Request for Preliminary Plat approval of 144 building lots and 5 other lots on 42.72 acres in a proposed R-8 zone for proposed Sundance Place Subdivision by G.L. Voigt Development: east of North Meridian Road and north of East Ustick Road: Zaremba: Mr. Chairman? Borup: Yes. Zaremba: At the request of the applicant, I move that we table Items 8 and 9 of our Agenda, AZ 02-015 and PP 02-010, to our meeting of September 19th to be at this point the last item on the agenda after the previous tabled Item 7. Borup: There is a motion. Shreeve: Second. Borup: Second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Zaremba: Mr. Chairman? Borup: Maybe we could ask afterwards. Is there anything on either one of these applications that we could get a little information tonight and save us time next time or would it really make any difference? Probably not. McKinnon: You should have a staff report for Sundance and what is stated there, we need to make some revisions to Sundance.