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HomeMy WebLinkAboutSept 19, 2002 Meridian Planning & Zoning September 19, 2002 Page 26 of 96 Mathes: If they don't can the city fine them? Hawkins-Clark: It does need to be maintained. Correct. There needs to be underground sprinkling and it does need to be maintained in the manner in which it was intended is the wording. Borup: Okay. Thank you. Zaremba: Is it appropriate to close the Public Hearing? Borup: I think so. Zaremba: So moved. Mathes: Second. Borup: Motion and second. All in favor? MOTION CARRIED: ALL AYES. Zaremba: Mr. Chairman? Borup: Commissioner Zaremba. Zaremba: I move that we forward to the City Council recommending approval of Item 7 on our agenda, CUP 02-023, request for a Conditional Use Permit to place a Class A manufactured home on a permanent foundation in an L-O zone for Treasure Valley Worship Center, 50 West Spicewood Drive, to include all staff comments of the staff memo August 21 st and, in addition to that, under site specific requirements of paragraph six, that says all signage shall be brought up to the current signage code. Mathes: Second. Borup: Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES. Item 8: Public Hearing: CUP 02-024 Request for a Conditional Use Permit proposing two buildings with drive-thru windows and two buildings on recorded lot in a C-C zone for Silverstone Corporate Center by The Sundance Company - southeast comer of East Overland Road and South Eagle Road: Borup: The next item is CUP 02-024, request for a Conditional Use Permit proposing two buildings with drive-thru windows and two buildings on a recorded lot in a C-C zone Meridian Planning & Zoning September 19, 2002 Page 27 of 96 for Silverstone Corporate Center by the Sundance Company at the southeast -- at the southeast comer of Overland and Eagle Road. I'll open this Public Hearing and start with the staff report. Hawkins-Clark: Thank you, Chairman Borup, Members of the Commission. The applicant is required to go through this Conditional Use Permit, because of the development agreement that was entered into between Sun dance Company and the City of Meridian when they annexed. It does require all drive-thrus to come through the conditional use process. In addition, they are at this point in time proposing two buildings on a single lot, so that always requires the conditional use. So that is the reason for the application. The property, as you mentioned, is zoned C-C. The development agreement is in place. Staff has reviewed it. They are not proposing anything that is not allowed under the development agreement. The property is at the very northeast -- or, I'm sorry, northwest corner of their subdivision. Again, Eagle Road abuts it to the west and East Overland abuts it to the north. Here are the existing sight photos. The subdivision does have - the majority of the preliminary landscaping is installed and in place now. They have some existing utilities that are -- all existing utilities are in on anything that would be used to serve these two buildings. Here on the screen is the site plan that was proposed. Again, Overland to the north and Eagle Road along the west. There is a driveway entrance along the south here. They are proposing the two buildings, one here at the southern portion of the parcel and one here towards the north. The landscaping that is shown here is not a part. That was required of Sundance Company as a part of their original subdivision. So that if it's not all installed, will be. The access points to actually get to proposed drive-thrus. There are two off of the street and one here -- and, I'm sorry, there are three. Another and then another at the north and another thing. The planter that was submitted to us does not show a north boundary for the edge of their asphalt, so I did talk with the applicant today and they are proposing to add the asphalt here, even though the line is not shown to be able to get to this northerly building, even though this is shown as a separate Lot 10, it is owned by the same property owner that is proposing this project and they will install that access point there with the asphalt. We have submitted the staff report dated September 4th. The applicant, I believe, is in agreement with all of our proposed conditions, with the exception of the hours of operation and I will let the applicant speak to that. Other than that, we'd just ask that our recommended conditions be included in any motion you make. Borup: Any questions from the Commission? I mean for the staff? Zaremba: Yes. Actually, it was our hours of operation that I was going to question. In my packet I was not able to determine where precisely this was in their whole property and from the color picture that you had up a few minutes ago, I know where it is and it does not appear to me to be near any residential. This is an intersection that at some time probably would welcome 24 hour drive-thru service. How stuck are we on this limit of hours of operation? Hawkins-Clark: Not too stuck. Meridian Ptanning & Zoning September 19, 2002 Page 28 of 96 Zaremba: Okay. Hawkins-Clark: You are correct. There is no residential - well, I guess on the northwest corner of Eagle and Overland there is an existing residence that's in the county; is that right? I do not believe the development agreement, you know, addresses hours of operation, so certainly whatever the Commission -- Zaremba: Whatever is appropriate. Then the second question would be signaled by the last thing that you said. Even though they are the same owners, if that driveway is going -- if access to this property requires use of the driveway on another piece of property, should we require a cross-access agreement, even though it's the same owners? Hawkins-Clark: Yes. They are showing an ingress-egress easement. It's a little tough to tell on the drawing that's on the screen. Your packets, your original, probably shows it better, but these dashed lines that come here and make this 90 degree turn, come in - they are showing that to be cross-accessed and it would turn to the west and then come down. You're correct, that as proposed here they are showing a cross-access easement to keep going northwest in order to access this drive and that's probably a good idea. Borup: Do you know what type of business they are proposing for the south building, the south drive-thru? We will find out. Okay. Would the applicant like to come forward? Larsen: Chairman Borup, Members of the Commission, my name is Cornell Larsen, 210 Murray Street in Boise, Idaho. I'm here tonight representing Sundance Investments. We are in concurrence with staff's comments. The only question we did have was on hours of operation. The smaller drive-thru is a Moxie Java-TCBY, which is the one to the north closest to the intersection, so they would like to have as extended hours as they could get. 6:00 o'clock a.m. would be, you know, the latest they would like to open. They do have people who like coffee a little earlier in the morning than some. And other than that, we talked to Brad today about the pavement along the - what would be the northeast side of that property and we don't have an issue with that at all and if there is a need for a cross-access easement there, we could also go along with that. Borup: Well, I'm assuming you already have pavement planned there anyway. Larsen: Yes, we do have. A couple things you should note is the applicant has filed a lot line adjustment for four lots to create four lots out of the two lots that are there, so ultimately these will end up on their own individual lots and I believe that's either in staff's hands or has been signed off by the staff. I'm not a hundred percent sure which, but is in their hands. The lot that is immediately where we were talking about having the pavement going on, there is a building planned for there, but. nothing in the works immediately. The next lot to the east has been sold to Albertson's for Albertson's credit union and that application should be before you shortly. And the building to the south has another credit union looking at that facility and they will be responding before the 28th of September. Meridian Planning & Zoning September 19, 2002 Page 29 of 96 Borup: So the drive-thru is for a credit union? Larsen: Correct. Or a similar use. But there is one that has been negotiating for quite sometime, so we are anticipating - Borup: But not for a food service. Larsen: It is not for a food service at this point in time. Borup: And the reason I asked, looking at the stacking depths. Larsen: Yes. It was -- really wasn't intended for a food service, other than maybe a Subway or something to have one or two cars, but not six or eight. Mathes: Is there going to be two drive-thru windows, one for Moxie Java, one for TCBY? Larsen: No. They will just have the one and it's for the Moxie Java. Mathes: Okay. Zaremba: Would you have any problem if the hours of operation restriction was just totally removed? Larsen: No. That would be fine. In fact, we would like that. Zaremba: And I think five, ten years down the road this is going to be an extremely busy intersection. Larsen: Yes. Zaremba: And I think it would be attractive at some point, probably, to have 24 hour operations there. Larsen: Especially if they get a hotel-motel behind it like they are searching for, that would be very helpful. Zaremba: Okay. The ACHD report makes some special recommendations to the City of Meridian that the applicant be required to participate - this is on page eight of the ACHD report. That you be required to participate in alternate transportation programs, transportation management organizations, transportation management associations, none of which I believe officially exist in the City of Meridian. So I'm not sure that there is anything there that we can enforce, but is there any plan to mitigate traffic, encourage employees of the businesses on these properties to car pool and stuff like that or are you not taking any responsibility for that? Meridian Planning & Zoning September 19, 2002 Page 30 of 96 Larsen: That was a condition that was put in under the original approval for Silverstone Corporate Center and the overall project and we did have some planned bus stops in the facility, which are generally located around the entry elements that are there now and they did agree to note in all of their documents to the people that are working there, the businesses that locate there. Most recently Michael's of Oregon has moved in and they are aware of the transportation needs and concerns. So all of the people so far have been fairly receptive to -- including the applicant, to try to keep it as available for alternate transportation means as they can. Zaremba: Great. Thank you. Borup: Thank you. Larsen: Thank you. Borup: Do we have anyone else to testify on this application? Seeing none, Commissioners? Zaremba: Mr. Chairman? Borup: Commissioner Zaremba. Zaremba: I move the Public Hearing on Item 8 be closed. Mathes: Second. Borup: Motion and second. All in favor? MOTION CARRIED: ALL AYES. Zaremba: Mr. Chairman? Borup: Commissioner. Zaremba: I move that we forward to the City Council recommending approval of Item 80n our agenda, CUP 02-024, request for Conditional Use Permit proposing two buildings with drive-thru windows and two buildings on recorded lot in a C-C zone for Silverstone Corporate Center by the Sundance Company, southeast corner of East Overland Road and South Eagle Road, to include all staff comments of the staff memo dated September 4th, with the exception of -- on page four, paragraph four - I'm sorry, paragraph three regarding hours of operation shall be deleted entirely. I'm sorry. And add an item seven, that a cross-access easement will be required through adjoining lots. Mathes: Second. Meridian Planning & Zoning September 19, 2002 Page 31 of 96 Borup: Motion and second. All in favor? Thank you. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: AZ 02-019 Request for annexation and zoning of 5.01 acres from RUT to R-2 zones for proposed Drawbridge Subdivision by Pinnacle Engineers, Inc. - 4365 North Ten Mile Road: Public Hearing: PP 02-015 Request for Preliminary Plat approval of 9 building lots and 3 other lots on 5.01 acres in a proposed R-2 zone for proposed Drawbridge Subdivision by Pinnacle Engineers, Inc.- 4365 North Ten Mile Road: Item 9: Borup: Item NO.9 is AZ 02-019, request for annexation and zoning of 5.01 acres from RUT to R-2 zones for the proposed Drawbridge Subdivision by Pinnacle Engineers at 4365 North Ten Mile Road and accompanying that is PP 02-015, request for preliminary plat approval of nine building lots on the same project. I'd like to open both these public hearings and start with the staff comment - staff report. Hawkins-Clark: Forgot to show some of the elevations, sorry, in the last one. Okay. Here we go. Item No.9, Drawbridge Subdivision. This is an existing five acre parcel that is in Ada county. It's on the west side of North Ten Mile Road, approximately one quarter mile south of McMillan Road. Immediately to the east is the already approved Bridgetower Crossing Subdivision. They have proposed office uses on the frontage of Bridgetower there. The property is bounded by existing Ada county rural-urban transition land on the north and the east and -- or, I'm sorry, north and west and south. The request in their application was for an R-2 zone. The staff did make a recommendation for that to be modified to an R-3, so that they could meet some other dimensional standards that we have. In terms of process, I'm not sure how the clerk's office might want to handle it, but we -- you know, the application -- I don't believe we received a modified application per se, but typically we would continue to notice these as what the applicant requested, that would be an R-2, although they have agreed, my understanding is, to the R-3. So that would mean a maximum of three dwelling units per acre, if that is what it is zoned to. The Bridgetower is an R-4. So it would be a little less density. Zaremba: The revised preliminary plat that was given to us recently in the last day or two shows that they are now requesting an R-3, according to the plat. Hawkins-Clark: Yes. We would technically need the annexation application to reflect the requested new zone, since they are two different applications, but thank you for pointing that out. Yes. There are nine building lots proposed. I guess I will start with a couple of existing site photos. Looking west along the property boundary there on the left-hand side and then looking east from along Ten Mile, that's looking out towards Bridgetower Crossing, as I pointed out. What I have here on the screen is not reflecting the revised