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HomeMy WebLinkAboutOctober 3, 2002Meddian Planning and Zoning Commission Meeting October 3, 20D2 Page 3 of 84 Item 4. Public Hearing: AZ 02-015 Request for annexation and zoning of 1.7 acres from RUT to C-G zones for James R. Wylie by James R. Wylie - northeast corner of Venture Street and East Fairview Avenue: Borup: The first item on the agenda is Public Hearing AZ 02-015, request for annexation and zoning of 1.7 acres from RUT to C-G zones for James R. Wylie for the northwestcornerofVentureandEastFairviewAvenue. We would like to open this Public Hearing and start with the staff report. McKinnon: Thank you, Mr. Chairman, Members of the Commission. If I can direct your attention to the overhead, we will start there. Basically this is a site layout of where the property is. As the Chairman stated, the property is located on the corner of Fairview and Venture Street in the Northwest corner of the intersection. The property is, according to our Comprehensive Plan, to be zoned commercial when annexed and this is the annexation, so we would be talking about zoning tonight. I point that out specifically, because this is not a development application, this is an annexation. Development will take place at a later date and many of the conditions that would typically be placed on such a development application are not included in this, because this is only for annexation. The property is 1.7 acres in size. The applicant has submitted a proposed development plan. The proposed development plan is for a commercial retail building. The building has no specific tenants at this time. The applicant has, as shown in the staff report -- which I assume you all have a copy of -- the applicant has requested that he be allowed to have a reduced landscape buffer on Fairview Avenue. The reduced landscape buffer does fall within guidelines found in the landscape ordinance that would allow for a reduced buffer and staff has no qualms about going -- when development happens to reduce the landscape buffer in accordance with the Landscape Ordinance. Again, this is just an annexation. We are not dealing with the development of this property at this time. The staff report did not include language for a Development Agreement at this time. Should you wish to include a Development Agreement to limit the type of development on this site you could do so at your pleasure. With that I would ask if there is any questions of staff. Borup: Questions from the Commission? Centers: Mr. Chairman, I didn't hear you correctly. Obviously, there is no Development Agreement and why are we talking about the landscape buffer at this time with no development? McKinnon: The reason for that is just to let you guys know. There is no specific finding, no specific conditions in the annexation, just to let you know that in the future, because the requested use is a permitted use, it would not come back before you. If it's a permitted use it goes on staff level approval and would not come back in front of you. Should you choose, however, to do a Development Agreement and require a Conditional Use Permit, it could be brought back in front of you, but just for your informational purposes we included the language about landscaping. Centers: Thanks. Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 4 of 84 Zaremba: Since we are not likely to see this again under your scenario, I will ask a couple questions. Do you have a site plan? McKinnon: You should have a site plan and it was in your packet. You got it right there. Sonya didn't put this in the application, so the site plan is roughly just -- this is just a picture of the site right now. Zaremba: What I was going to ask is if I'm interpreting it correctly that there are two driveways onto Venture Street? McKinnon: That's correct. Zaremba: One in the rear of the building and one in the front of the building and my -- I mean this is proposed anyhow. McKinnon: Correct. Zaremba: Is the first driveway far enough back from Fairview? McKinnon: It would be -- it would have to be in compliance with ACHD requirements and ACHD hasn't placed any requirements on this. If you can refer to ACHD's comments, ACHD specifically states that there is nothing that's granted on Page 4 of the ACRD report, the access points, it discusses the access points would be allowed. Then there are site specific conditions of approval and they have bold language that says that this is an annexation and rezone and when they receive a development proposal, then that would have to be discussed. They did not make a -- Zaremba: So they assume we are attempting to give the applicant some feel about how it's going to go when it happens? McKinnon: That's the reason why they have given the site specific comments. Zaremba: All right. Then the driveway that does onto Fairview, is that -- am I interpreting right that that access will connect to the next property for when that's developed, too, so that people don't have to go out onto the roadway to go between the two properties? McKinnon: Yes. That's exactly the way I see it. Zaremba: Okay. Looks good to me. Borup: Any other questions from any of the Commissioners? Is the applicant's representative here this evening and would like to come forward? State your name and address for the record. Wylie: My name is James R. Wylie, 1676 North Clarendon, Eagle, Idaho, and I'm the owner of the property and the developer. The proposed development that you have in front of you is an idea that we have. We don't have anything concrete at this point. We have been working trying to get utilities over to that site, water and sewer, and Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 5 of 84 - marketing the property for lease. We intend to a building and lease it. Traditionally, I like to building small -- small user multi-tenant commercial buildings, retail buildings, and that would be our intention here. Of course, if somebody comes up and wants to lease the whole thing in one big junk, then we'd look at changing that around. To comment on your concerns with the driveway, ACHD did not bring anything to my attention regarding the two approaches there on Venture. If they do have a problem with that, then, we will, of course, address it at that point. The one approach that does go onto Fairview is -- the reason it's located there is to line up with the approach that's across the street, under ACHD guidelines. That was the orily way -- the only location we could put an approach onto Fairview. The adjoining property owners already have a driveway there and so we basically would be just expanding the existing approach and improving it. Right now it's pretty narrow. I'm here to answer any other questions for you, if there is any. Mathes: Did you see the comments from like Sanitary Services? Wylie: I saw the comments from Sanitary Services. I called them. Their concern was -- because he did not have a copy of the Development Agreement -- or, excuse me, of the development plan, so he did not know what was going in there. When I showed it -- I faxed it over to him -- his concern was that he would need to back into it, so he did not want -- on the plan that we had, he didn't want the trash enclosure there, he wanted it at the other end, so he would have more room to pull in and pull out. I did not see any problem with that. Mathes: Thank you. Borup: Any other Commissioners? Centers: Yes, Mr. Chairman. You have read the staff comments and you're in full agreement, which is two? Wylie: Yes. Centers: You're fine there? Wylie: Yes. Centers: Great. Borup: Mr. Wylie, you had mentioned usually asmall -- small business -- small tenant type business. Wylie: We try and set it up that way, yes. Borup: Have you looked over the permitted uses in a C-G zone? Wylie: Yes, I have. Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 6 of 84 Borup: Are there -- are you requesting to have all of those uses included or would you have any problem if some of those were restricted? Have you looked over the list of permitted uses and -- Wylie: The intention would be primarily retail uses -- or probably exclusively retail uses. When I looked over the permitted uses, I didn't see any problems. Is there a concern with any of those permitted uses? Borup: I don't know at this time. There may be. That's why I asked Wylie: Okay. Borup: Okay. Any questions from any other Commissioners? Anything else you wanted to add? Wylie: Nothing. Borup: All right. Wylie: Thank you. Borup: Thank you. Do we have anyone else here to testify on this application? If so, come forward. Earl: How are you all doing? My name is Ren Earl. I live at 1920 North Venture Street, which is just a little bit down that road. Yes, I'm on the corner of Venture Street and Venture Circle, right where your E is. What they are not really showing you on the --the picture of the Fairview access doesn't depict that it is in -- to the east of the farmhouse, the original farmhouse for the -- you can't see it here, but the farmhouse is right here, the circa 1947 home. Borup: The Petals and Stems store. Earl: Yes. Exactly. It's about 25 feet from that front porch to Fairview. There is no way to put an annex onto Fairview on the other side of that without demolishing that farmhouse. There would have to be two entrances and it wouldn't easily be visible between the two properties. What it also doesn't show is the -- north Fairview has a home development area there. Those homes -- there is about 300 of them -- will, when theyfullygetbuilt,therewillberequired,asthereisonthisportion,a curbedleft-- protected left turn lane. When they do that, there will be no left turn from this property out to onto Fairview. Ada County Highway has already suggested that they would have to do that right here. For all these homes in here, in order to escape, for them to turn left across onto North Venture Street, this will be a protected turning lane, just as this is into Wal-Mart. There would be no left turn access for this property at all. That's one of the difficulties. Then for him to exit out onto Venture Street there is not enough room to have people pulling in, pulling, and swinging around, especially delivery trucks, down a residential road. In all likelihood, we cannot predict what's going to happen, I can't read the future, but if any of you were to live there and see the cars that are already trying to cut from here over to Cloverdale, that zoom down here at about 40 miles an hour, turn Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 7 of 84 around, and then zoom back out, with our s mall kids playing i n the street, it's rather dangerous. It's a residential area -- and I would certainly like to see it remain residential, it's zoned residential right now, stick another house on it. There is plenty of buffers. It's a great place to live. You can walk across the street to Wal-Mart. Borup: Who told you it was zoned residential? Earl: I looked in the book of plats. Borup: And what did it call it? Earl: It calls it residential -- or strikes that. It calls it agricultural and -- Borup: Okay. There is a difference. Earl: My memory is lapsing. I can picture it. I believe it is zoned R-1 when I looked it up right now. Centers: RUT? Zaremba: Our notes say Rural Urban Transition. Centers: Not much. It's in transition.' Earl: Transition to a u sable -- housing -- a senior retirement center, something that didn't have a large amount of traffic zooming up and down the street would probably be fine. Commercial for this little tiny area seems non-necessary, when just down Fairview and -- there is 25 acres that's right across from the street -- I mean there are plenty of commercial strips available on Fairview. If somebody really has to build on Fairview, there is more than sufficient real estate still available to be built on. Intermountain Arms or Intermountain Outdoor Sports just went out of business. There is a huge chunk of building that isn't occupied there. Meridian has got a lot of places to stick buildings. Borup: So you think that traffic is too much for that there? I mean it's going to allow too many cars and you feel retirement people would be better with a lot of traffic. Earl: I would feel that in a retirement home where they are not doing a lot of out and driving around, that a comfortable home type setting is wonderful. There is a tremendous amount of traffic going on Fairview. I have to wait five to seven minutes to turn left when I go home at anywhere between 4:00 and 6:00. It would get even worse with a restricted lane and this will eventually have a light across it and, heavens to mergatroid, you have seen, I'm sure, what happens when Cloverdale is backed up for a little bit. We asked Ada County Roads if they would put one and they turned us down, but said when it got bad enough that they would put in a stop light there. When they do, then, you stop --then Cloverdale -- or Fairview won't be able to continue, Cloverdale will get blocked up and it will be a traffic impasse. I would invite any of you to stand on that corner that you have in the picture at say 4:30 to 6:00 and just watch the traffic and see how it moves in the area, if you're not familiar with it. Then come and stand on my driveway when the people are going zooming up and down our road. It can be dangerous. I look out for my kids. Thank you. Meridian Planning and Zoning Commission Meetlng October 3, 2002 Page 8 of 84 Borup: Do we have anyone else that would like to come forward? Come on up. Hall: My name is Bill Hall, I live at 4225 Venture Place, and my property is on the V, so my property abuts Mr. Wylie's property. This is all really interesting tonight, because they never contacted any of us to tell us what he planned or anything, so we didn't know anything about driveways heading out on our street or anything else like that. Like Ren just said, our traffic is awful. We have -- we have people making u-turns here. Some day somebody is going to get killed. They come up here, pull a u-turn, we have got gravel all from the shoulder all across the road here from people making turns, getting on the shoulders, and so forth. Right now, it's really dangerous and I know Mr. Wylie's property should be commercial, but my main concern is retail sales, because you're adding m ore a nd more t raffic t here. Like R en s aid, o ne o f o ur n eighbors w aited 2 0 minutes to get out and when they develop the other two parts of the properties on Eagle Road, you can imagine what it's going to be like. You folks have a real challenge here to solve some traffic problems right now and this is just a minor one. It's going to get awful. I mean I wouldn't even want to rent the building out there as a business, because nobody can get in and get out of it. It's going to be worse than Milwaukee. Seriously. I am not opposed to Mr. Wylie putting in a commercial development. I'm really opposed to him putting in retail sales that's going to generate a lot of traffic and it's all going to be dumped on my street. I have lived there 27 years and I knew that this time was coming, but, you know what, we have got to kind of watch what we do and what we have out there, because it's a real finite resource. A lot of people live out there and, like Ren said, little kids live there, you have got people coming in there -- I bet you, you can count 50 cars every 15 minutes coming in and making u-turns, because they can't figure out how to get back to go west on Fairview. There is just limited access as to how they can do that. We sure don't want Mr. Wylie's development dumping onto our street. Igo to work at 6:30 in the morning so I can get out. I don't have to, but I do so I can get out. It's that bad so I'd really ask you to really think hard on this, to think of all the property owners that are on there. I know that 360 acres on this site is going to be developed, too, and it's good property, I don't blame him. I used to be in that business, there is going to be a lot of houses and homes going in there so you got to really start watching what's going in. I mean you have got a Wal-Mart and a ShopKo and all that on one side, it is already strained on that intersection, one side of that intersection, if you start developing the rest of them you got to be really careful what you put in. Because up and down the street, like you said, the more retail sales you put in there, the more traffic you generate and that really, folks, is one of the main corridors going east and west through the valley. I'd ask you to think about this for us. Borup: Any questions for Mr. Hall? Mr. Hall, you stated you realize that some type of commercial thing was going in there and you're not opposed to that. What type of commercial would you visualize? Hall: Mr. Wylie said office or -- like a dental office or things like that. I'd really hate to see someone putting in a shop in there. Borup: Well, but that is the commercial zoning that would be -- Hall: I know and what I would think would be more in line, Mr. Borup, is like an office building complex that he says he usually builds and not have retail sales in there. Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 9 of 84 Borup: All right so you're talking about having an office zoning, then, rather than commercial zoning? Hall: That's correct. Borup: Okay. You had stated earlier as commercial. Hall: Well, to me commercial is the same thing, but I realize what you're saying. I'm opposed to retail sales in there. He also said that -- Borup: Because the commercial zoning would allow a service station, a truck stop, that type of thing. Hall: That's correct. That's what I hope you guys won't allow to go in there. Like Mr. Earl just stated, there is 350 houses right now trying to drive into this single-street and turn left, turn right, and somebody is going to get seriously hurt out there, really and truly. Traffic moves through there awfully fast. Borup: Well, most of those houses are also going onto Cloverdale. Hall: Some of them are but we still get a lot of traffic through there. Also, we have a lot of semis that come down right there and they go into Wal-Mart along there, too. So -- let me show you. Right here there is a divider and the semis come down this way and turn into Wal-Mart. When we come home -- I get home this way, we have people coming into the Wal-Mart and, I'll tell you what, ask any of the people that live there, they will tell you that there are head-one collisions almost twice a week trying to get through there. Borup: Okay. Thank you, sir. Hall: Thank you. Borup: Do we have anyone else? Okay. Mr. Wylie, do you have any final -- any other comments you would like to -- Wylie: For one, I'm sorry if I did not communicate with the neighbors. I looked at the zoning on the Comprehensive Plan and since there hadn't been any negative responses at the Comprehensive Plan meeting or hearings, that I didn't think there was any concerns with the commercial zoning, which is pretty consistent with everything else -- or not everything else, but a large majority of the properties that are on the street. The property directly east has a commercial use, which is the Petals and Stems, and further east of that is, of course, more commercial development -- to the west -- or the southwest is Wal-Mart and commercial all the way out. Yes, I think that it's a consistent use what I'm proposing with -- or commercial is a consistent use and the people that drafted the Comprehensive Plan, obviously, thought it was a consistent use. As far as the traffic goes, I'm more than happy to work with ACHD in whatever they want to do. We have had a couple of meetings already, as evidenced by your packet in your -- in the application. So whatever -- Meridian Planning and Zoning Commission Meetlng October 3, 2002 Page 10 of 84 Centers: Yes if I can interrupt. Along those lines, what was your presentation to ACHD and their lengthy report when they really don't know what you're going to put in there? What, did you give them a scenario? Was that it? Wylie: I gave them a plan that you have and what they are -- Centers: I mean as far as use. Business use. Wylie: Commercial retail use. Centers: Okay. With no specific type business? Wylie: That is correct Centers: And I question ACHD in doing a traffic study when they don't have a specific type use. How can it be? Wylie: They can go off a chart of what general retail is going to be. It's what they are going to do. It's not -- Centers: Well, a building a convenience store or Fast Eddie's or something like that, will draw a lot more traffic than, you know, another type use. That's my point. Personally, I think it's a good one. I don't see how they can judge the traffic without knowing the specific use. Wylie: Well, I think what they are going to do is when we get a development application -- a specific development application -- Centers: You have to go back. Wylie: Yes. We have to go back and then they will make whatever conditions at that time. They have -- you have seen in their request that we improve with concrete sidewalk Venture and widen Venture. Also that we would have a concrete sidewalk on Fairview so at this point they are not asking us to widened Fairview, but put the sidewalk in the location that they want. We will be addressing some concerns, but mostly that will come up with the development plan that will go to ACHD at the time of that application. I'd just like to reemphasize that it was commercial zoning at the Comprehensive Plan and I'd like it to remain that way. Anything else? Borup: Do you have any comment on office use? Are you -- is that one of the possibilities you're looking at or-- Wylie: That could be a possibility, yes. I would not like to limit it to office use at this point. Borup: But you're also seeking office tenants? Meridian Planning and Zoning Commission Meeting October 3, 2D02 Paga 11 of 84 Wylie: I would be more than happy to have a dental office in there. I've had a couple dentists in other buildings in Caldwell and Nampa, but, again, I'm so preliminary, I'm just trying to get it zoned so -- Borup: Right so the market place would take care of a lot of that. Wylie: Yes. I can't really market to anybody until know what I have. As far as other people's properties on Fairview, well, I don't own those, so I can't -- I'd like to. Borup: Would you have any problems with restricting some of the uses? I wrote down just a few, but -- and I don't know if there is -- service station, truck stop, hotel, motel, outdoor entertainment, are the four that I know of -- Wylie: What is outdoor entertainment? Borup: I assume like a miniature golf course or - Wylie: I have no problem with limiting a hotel, motel, and outdoor entertainment. Borup: And a truck stop, service station? Wylie: I would like to be able to have a service station, convenience store, but I don't see a truck stop going in there. Borup: Okay. A convenience store, in my mind, is a little different use than neighborhood retail. Wylie: Than a -- Borup: Than a neighborhood retail store would be at least as far as the traffic and the amount of customers, but -- Wylie: My intent is not to put in a gas station or a convenience store. Possibly a convenience store, which would fit with the neighborhood commercial, wouldn't it? Borup: It's approved in the commercial - Wylie: I'd like to be able to have a convenience store. Borup: In a C-G zone. Wylie: It might be useful for the neighbors to have a convenience store there, too. Centers: The bottom line is you get the commercial zoning and you slap a sign up and build to suit and go down the list of prospects to call and if they want it and it applies to the zoning, you build it. Wylie: That's correct, but -- Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 12 of 84 Borup: Unless there is some restrictions placed right now. Centers: Right. Right. Wylie: And I don't believe the site is suitable for a motel. I don't think it's big enough. Borup: No. Wylie: If you want to limit it, that's fine. Borup: Okay. Any other questions from any Commissioners? Centers: No. Wylie: Thank you. Borup: Thank you, sir. Centers: Mr. Chairman? Borup: Commissioner Centers. Centers: Staff, the only contiguous city property is kitty-corner? McKinnon: Mr. Chairman, Commissioner Centers, that's correct. Kitty-corner. Centers: And we have determined in the past even across the street? McKinnon: That's correct. Centers: Right. Borup: Any discussion? Centers: Well, I guess, Chairman Borup, Ilean -- you know, he gets the commercial zone and he can put up whatever he wants, other than he agreed to a hotel, motel, and no miniature golf and I guess I can't see -- I can see his neighbors' concerns with heavy traffic and I guess the question for staff, can we annex it with a CUP requirement? McKinnon: Commissioner Centers, Mr. Chairman, Members of the Commission, with the Development Agreement you could put a requirement in place that all development on that property shall be through a Conditional Use Permit. You could also limit the type of development on there with a Development Agreement. The Development Agreement would become a recorded document that would go with the title and it would be -- Centers: If ycu had a Development Agreement, you really wouldn't specify, it would just mean -- i t would -- t he b ottom I ine would s ay t hat w ith this D evelopment A greement comes a CUP. Meridian Planning and Zoning Commission Meeting October 3, 2D02 Page 13 of 84 McKinnon: It could actually say both, if you would like it to. Centers: And I guess I would have a question for the applicant. Would you be in agreement or disagreement with that? In other words, we would like to see the project that you put on that corner. Wylie: That's fine. Centers: Okay. Thank you. Borup: Well, that was answered, then, rather than specifying not allowed uses. Centers: Right. Exactly. It would create more work for us, but Ithink -- Borup: That was one -- the list I went through were ones I thought would probably be objectionable. There were a couple .others that -- you know, a rail station was another one listed that -- I don't think that's going to -- and a bus station. Okay. Zaremba: Well, the other option would be to zone it as an L-O zone. Those would be much lighter uses. Centers: But then you're in deference to our Comprehensive Plan, because the Comprehensive Plan calls for commercial, whether it was right or wrong, the applicant was correct, we had no opposition to that, in my recollection when I was there, so -- and I guess that makes sense, too, depending on who you talk to. Borup: A retail store is not an allowed use in an L-O zone, would be the other factor there. That would limit it strictly to medical and office-type uses. Centers: Mr. Chairman? Borup: Commissioner Centers. Centers: I'd like to move that we close the Public Hearing. Zaremba: Second. Borup: Motion and second to close the Public hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES Centers: Mr. Chairman, I'd like to make amotion -- and I hopefully get some support -- that we recommend approval of AZ 02-015, request for annexation and zoning of 1.7 acres from RUT to C-G zones for James R. Wylie, northeast corner of Venture Street and East Fairview Avenue, including all staff comments and, in addition, require a development agreement, which would refer to a CUP for the applicant to come back into this body for all future projects. Zaremba: Second Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 14 of 84 Borup: Motion and second. Any discussion? All in favor? Any opposed? MOTION CARRIED: ALL AYES Borup: For anyone that has any questions, what that's saying is that anything developed on that property would be under a Conditional Use Permit and there would be another Public Hearing at that time for those uses. That's what that motion just said. Centers: You would get a letter to attend another hearing at that time. Borup: Okay. Thank you. Item 5. Public Hearing: PP 02-017 Request for Preliminary Plat approval of 6 building lots on 13.77 acres in a C-C zone for Silverstone Subdivision No. 3 by Sundance Investments -southeast corner of East Overland Road and South Eagle Road: Borup: The next item is Public Hearing PP 02-017, request for Preliminary Plat approval of six building lots on 13.77 in a C-C zone for Silverstone Subdivision, southeast corner of East Overland Road and South Eagle. I think this is the same project that was made reference to in the last meeting. I'd like to open this Public Hearing and start with the staff report. McKinnon: Thank you, Mr. Chairman, Members of the Commission. I'll do a brief presentation on this application. This is just a re-subdivision of a subdivision you have heard many t imes i n t he p ast. Essentially, t he a pplicant i s requesting t hat four I ots, that's Lots 2, 3, 6 and 7, and portions of three other lots, that's Lots 8, 10, and 11, be re- subdivided into six building lots, so that they would actually be configured in an arrangement that they could build buildings on each lot, rather than crossing lot lines. The application falls within the guidelines of the Meridian City Code, the Public Works comments, and the Planning and Zoning comments are found on Page 3 of the staff report. We are in support of this -- in support of this subdivision and would ask if there are any questions? Borup: Questions from the Commission? Do we have a presentation by the applicant? Anderson: My name is Ryan Anderson. I reside at 1453 Shellbrook here in Meridian. I didn't prepare any comments. Mostly I was just here to respond to any questions or comments with regard to the project. Borup: Any questions from the Commission? Thank you. Anderson: Thank you. Borup: Do we have anyone else to testify on this application? Seeing none, Commissioners? Zaremba: Mr. Chairman?