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HomeMy WebLinkAboutJune 27, 2006 C/C Minutes Meridian City Council June 27, 2006 Page 34 of 71 Thompson: Mr. President, Members of the Council, Tamara Thompson, Landmark Development Group, 1882 Taluka Way in Boise. It is true that if the -- if the access changed, that we were looking at, you know, maybe some site redesign or maybe even changing some uses from retail, but -- thank you very much. As far as the conditions, we do have draft conditions from ACHD, which were attached to the previous preliminary plat approval and I guess it was kind of a -- we all missed it. You know, we thought they are approved and they weren't. So, at this point I have talked to ACHD, they said they don't think there is going to be any issues as far as, you know, their commission changing anything, but -- but they did say that they would be okay with us just adding a global condition to comply with any of the conditions that come from ACHD and we are okay with that if we can get that approved tonight. If not, then, July 18th will have to work. Thank you. Wardle: Questions for the applicant? Bird: Mr. President? Wardle: Mr. Bird. Bird: Anna, do you, as a staff, have any problem going ahead if they have no problem? Canning: Yes, sir. I think it sets a bad precedent. I think that we have waited for ACHD comments before and that's the best way to go. Bird: Surprises.Yeah. That's-- Wardle: Is there anyone further that would wish to testify on this application? Does the applicant have any closing remarks? Borton: Mr. President? Wardle: Mr. Borton. Borton: Seeing no other remarks, I move we continue Item 15, PP 06-002 to July 18th. Bird: Second. Wardle: It's been moved and seconded to continue Item 15 to the date certain July 18th of 2006. All in favor? MOTION CARRIED: ALL AYES. Item 17: Public Hearing: RZ 06-001 Request for a Rezone of 5.40 acres from R-8 to L-O (Limited Office) for Sundance Subdivision No.5 by Dave Evans Construction - northeast corner of Ustick Road and Meridian Road: Meridian City Council June 27, 2006 Page 35 of 71 Item 18: Item 19: Item 20: Item 21: Public Hearing: PP 06-014 Request for Preliminary Plat approval of 12 commercial lots on 3.77 acres in a proposed L-O zone for Sundance Subdivision No. 5 by Dave Evans Construction - northeast corner of Ustick Road and Meridian Road: Public Hearing: CUP 06-011 Request to modify the previous Conditional Use Permit for a Planned Development (CUP 01-026) by adding additional office lots, changing building and parking layout and allowing potential drive through sites for Sundance Subdivision No.5 by Dave Evans Construction - northeast corner of Ustick Road and Meridian Road: Public Hearing: MI 06-001 Request for Miscellaneous application to modify the recorded Development Agreement (Sundance Subdivision AZ 01-012) for Sundance Subdivision No.5 by Dave Evans Construction _ northeast corner of Ustick Road and Meridian Road: Public Hearing: VAC 06-004 Request for Vacation of the existing utility easements on the interior lot lines for Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision No. 3 Sundance Subdivision No.5 by Dave Evans Construction - northeast corner of Ustick Road and Meridian Road: Wardle: Thank you. Items 17, 18,20 and 22 -- Mr. Baird? And 21. Canning: Twenty-one? Baird: Yes. Canning: Did you say through 21, sir? Wardle: Yes. Canning: Yes. Wardle: Thank you. I will open Public Hearing on Items 17, 18, 19, 20 and 21 and begin with staff comments. Canning: Thank you, Mr. President, Members of the Council. This is the Sundance Commercial addition. This has suffered from having two different names. The other name it's known by is Sundance Subdivision NO.5. We generally try and keep the numbers out of the title, so that's why it has the revised name. But apparently it's not completely revised. This is located at the northeast corner of Ustick and Meridian. It was previously approved and platted as four lots with an R-8 designation as part of a planned development, but it was approved for office uses. So, it has been approved for office uses. The proposal includes a rezone of 5.4 acres, which would be the -- out to the center line of the roads and they are rezoning that from R-8 to L-O. As you know, staff has consistently asked folks to go ahead and get the proper zoning for those use Meridian City Council June 27, 2006 Page 36 of 71 exceptions that were approved through the PO process. So, this was an opportunity to ask for that correct zoning. And they have also got a preliminary plat for a total of 12 commercial lots again. So, they started off with four and now have 12 and that's on 3.77 acres. It's nearly one and a half acres less, because it does not include the landscape buffers. So, the rezone would include that, but the landscape buffers -- the landscape buffers are actually owned by the homeowners association, so the plat does not include those. They are also asking to modify the existing CU for the planned development by adding the additional lots and changing the building and parking layout and potentially allowing drive-thrus. They have also asked to modify the recorded development agreement to reflect the change in zoning, primarily. They have asked for alternative compliance to reduce the required landscape buffer adjacent to the residential. And this, again, was conceptually approved with the planned development. It's just they didn't quite get all the I's dotted and T's crossed in the first approval. And, finally, they are asking to vacate easements on the previous plat. The total number of proposed buildings are 12. The cross-access areas are generally shown in gray here. The two access points into the site would be on the east and, then, on the north off of Meridian Road and east off Ustick Road. The first approval for this project showed both those access points that I just pointed out, one off Meridian, one off Ustick, yet the face of the plat includes a note that says no -- that does not allow direct lot access to Ustick Road in this area. It appears to have been an error. It was inconsistent with what ACHD actually approved. So, we have modified that, that the note should state that direct lot access to Ustick Road may be prohibited in the future. It is fairly close to the intersection and if ACHD deems it necessary to close that, then, that access may go away. So, this makes the third access point important as the one on Ustick Road goes away. Excuse me. There is an access from within Sundance Subdivision that's -- it's about over here. And there is a cul-de-sac that stubs to this property and this would just be a drive aisle. It wouldn't be an extension of the street, but it would be a drive aisle connection from Sundance into the property. With regard to the landscaping and the alternative compliance, because the driveways come in right at the property line, they are not able to provide their full 20 feet of landscaping. As an alternative they are proposing a sound wall where they are not able to provide that 20 feet and staff feels that's an appropriate alternative compliance. With regard to the conditional use, one of the things they are asking for in the conditional use is approval for drive-thrus on Lots 7 and 8 and you will have to forgive me, but I can't read those right how. I believe it's in this area here. Those two lots -- they don't have specific configurations at this time and they don't have specific uses or how those drive-thrus would be oriented, so staff has not been generally supportive of that portion of the conditional use request. We do think they need to come back for more specific approval of those drive-thru facilities once they have the layout and configuration. Code would require that. They are within 300 feet of a residential property, so that would be required normally. With regard to the vacation, there was a little misunderstanding. Mr. Hood doesn't usually do vacations, but because of a shortage of staff he was -- he was preparing that application and wasn't aware of the fact that we have been requiring all the relinquishments before we recommend approval. So, the staff report you have is recommending approval. We have talked to the applicant, they have begrudgingly agreed that it's probably appropriate to wait until they actually get all the relinquishments done, so just on that Meridian City Council June 27, 2006 Page 37 of 71 portion of the Public Hearing we ask that you leave the vacation hearing open tonight and continue that matter to the 18th of July as well and that will give them some time to work on those relinquishment. They may need a couple more weeks, but this will not slow down the process, they just need to gather those relinquishments and, then, we will get it right back on an agenda, so -- we do have some elevations that came in today. They are typical -- probably 3,000 to 5,000 square foot structures, very residential in appearance. The Planning Commission did recommend approval at their May 4th hearing. Tim Mokwa spoke in favor of the application. No one spoke in opposition or commented. The key issues of discussion by the Commission were restricting vehicular access to the site and the drive-thrus. The key Commission changes to staff's recommendation -- there actually were none. And except for that vacation issue that I mentioned briefly, to our knowledge there are no outstanding issues before Council. Wardle: Thank you, Anna. Question for staff? Rountree: None at this time. Bird: None. Wardle: Would the applicant, please, come forward. If you will state your name and address for the record, please. Mokwa: Mr. President, Members of the Council, my name is Tim Mokwa with Toothman Orton Engineering, representing the applicant here in this -- in these -- several of these applications. As Anna mentioned, I have reviewed this, I think I sent e-mails to staff that I have no issues with any of the recommended conditions of approval. One thing I would like to request is that if we are going to be scheduled for a later Council meeting, that it be a couple weeks later than July 18th, give us time to get all those relinquishments. I don't think we will have them all by then, so rather than schedule and not make it; we may as well plan on that now. I don't really have anything to add beyond what staff has already done, so I would be happy to answer any questions. Wardle: Thank you. Council, questions for the applicant? Bird: I have none, Mr. President. Rountree: None right now. Mokwa: Thank you. Wardle: I have no members of the public signed up. Would anyone like to comment on this application? Council, it appears we have no comment. Rountree: Mr. President, seeing there is no further comment, I move that we close the Public Hearing on Items 17, 18, 19, 20 and -- and 20. Meridian City Council June 27, 2006 Page 38 of 71 Bird: And not 21. Rountree: I said and 20. Leave 21. Wardle: Second. It's been moved and seconded to close the Public Hearing on Items 17 through 20. All in favor? MOTION CARRIED: ALL AYES. Wardle: Motion on Item 17. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I move that we approve the rezone request RZ 06-001, Item 17. Bird: Second. Wardle: It's been moved and seconded to approve Item No. 17. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Okay. Rountree: Mr. President, I move that we approve Item 15, preliminary plat, PP 06-014, for Sundance Subdivision NO.5. Bird: Second. Wardle: It's been moved and seconded to approve Item 18. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Sorry, I should have asked if we could have done them all together, but -- Item 19. Rountree: Mr. President? Meridian City Council June 27,2006 Page 39 of 71 Wardle: Mr. Rountree. Rountree: I move that we approve the Conditional Use Permit 06-011 for Item 19. Bird: Second. Wardle: Moved and seconded to approve Item 19. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I move that we approve the miscellaneous application request, Item 20, for MI06-001. Bird: Second. Wardle: Moved and seconded to approve Item 20. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Item 21. Rountree: Mr. President, I move that we continue the Public Hearing on Item 21 for the vacation request V AC 06-004 until July 18th. Bird: Second. Wardle: The applicant's request I believe was -- Rountree: Another week? August 1 st? Wardle: Two weeks? Canning: August 1 st. Berg: We are not going to have a meeting August 1 st. Rountree: August 8th. Meridian City Council June 27, 2006 Page 40 of 71 Wardle: Motion has been amended to August -- continue Public Hearing on Item 21 to August 8th. Second agree? Bird: Yes. Wardle: All in favor? MOTION CARRIED: ALL AYES. Item 22: Public Hearing: AZ 06~018 Request for Annexation and Zoning of 20.01 acres from RUT to R-4 (Medium Low Density Residential) for Incline Villaae Subdivision by Incline Village, LLC - north side of Cherry Lane west of Black Cat Road: Item 23: Public Hearing: PP 06-016 Request for Preliminary Plat approval of 64 single-family residential lots and 8 common lots on 20.01 acres in a proposed R-4 zone for Incline Villaae Subdivision by Incline Village, LLC - north side of Cherry Lane west of Black Cat Road: Wardle: Item Nos. 21 and 22 -- I will open public hearings -- excuse me -- 22 and 23, AZ 06-018 and PP 06-016 and I will open with staff comments. Canning: Mr. President, Members of the Council, this application is for preliminary plat approval -- or it's the Incline Village project and it's located on several parcels that take access from Cherry and, then, wrap behind two churches located on Black Cat. The applications include annexation and zoning and preliminary plat. The plat -- the original application was for 64 single family residences on about 20 acres and a proposed R-4 district. The gross residential density is 3.2 units per acre as proposed with the 64 lots. Staff did recommend that the applicant lose at least three lots and that brought the density of the development down to 3.05 dwelling units per acre, which would, then, be consistent with the Comprehensive Plan designation of low density. That was included as part of the Planning and Zoning Commission approval. I'll get there in a moment. The access to the site is currently provided from Cherry Lane and a private street to Black Cat Road. You may remember that discussion as part of the -- the Seventh Day Adventist Church, thank you, where we had long discussions about that private road access. The Commission has recommended approval at their May 4th Public Hearing. Daren Fluke spoke in favor of the application. Don Klowers, Steve Kadie and Brent Law spoke in opposition. The key issues of discussion by the Commission were the location of the multi-use pathway in this area and through the site. There is generally one shown. The Parks Department was a little -- it's shown generally west of here. The Parks Department has been concerned that that may not work, so they were looking at this site as perhaps providing that. What they ended up recommending is that it come through generally in the same location as the existing private street for now and, then, would connect up through a public street pathway system -- basically a sidewalk system going toward the north and, then, looping back down south. The intent being to get folks to the Borup property to the west of here. I think that issue has been resolved.