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HomeMy WebLinkAboutNovember 16, 2006 P&Z Minutes Meridian Planning & Zoning November 16, 2006 Page 3 of 63 Zaremba: You started and we interrupted you. Moe: And here I was all set to -- Baird: We will take a deep breath. Moe: I'm sorry about that. Baird: No problem. Item 4: Continued Public Hearing from September 21, 2006: CUP 06-028 Request for a Conditional Use Permit for a 280 square foot Coffee Shop with a Drive-Thru facility on 2.96 acres in a C-G zone for Dutch Brothers Drive-Thru by Seagle Three, LLC -1330 E. Fairview Avenue: Moe: Can I get a motion to accept the withdrawal of CUP 06-028, the Dutch Brothers Drive-Thru. Zaremba: So moved. Newton-Huckabay: Second. Moe: Okay. It's been moved and seconded to approve the withdrawal of CUP 06-028. All those in favor signify by saying aye. Opposed same sign? Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 5: Continued Public Hearing from November 2, 2006: AZ 06-038 Request for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for Nursery Subdivision by Gary Fors - 570 S. Linder Road: Item 6: Continued Public Hearing from November 2, 2006: PP 06-036 Request for Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision by Gary Fors - 570 S. Linder Road: Moe: Now I'd like to open the Public Hearing for AZ 06-038 and PP 06-038 for Nursery Subdivision. And do the staff report, please. Lucas: Thank you, Commissioner Moe, and Commissioners. As stated, we are going to begin with a brief summary of this staff report for the Nursery Subdivision. This was discussed at the prior Public Hearing that was held on November 2nd and from that hearing the Commissioners recommended that the applicant basically bring some answers to some questions that you had to this hearing and we are going to discuss just those issues that were raised at the last hearing. I'm not going to go into the full staff Meridian Planning & Zoning November 16, 2006 Page 4 of 63 report on this -- on this subdivision -- proposed subdivision. The three issues that were of concern and that the Commissioners asked for some clarification on were, first, the storm drain lot located behind Lot 20, as shown on the screen. Second was the additional 18 feet of right of way that was required by ACHD to be dedicated along Linder Road. And the third was the 20 foot wide easement in favor of the Nampa- Meridian Irrigation District that runs along the southern boundary of this project, which can be seen in brown on this exhibit. Since the last hearing the applicant has provided some further information about these three issues and I will go to an exhibit to explain how the applicant proposed to -- to address the issues that -- the questions that were raised. On the screen we can see the revised section of that preliminary plat with the storm drain lot still behind lot now 19. You can see the adjusted buffer and how that shifted with the 18 feet of right of way and also how the -- how that common lot kind of wraps around to get to that Lot 20. This exhibit -- this proposed redesign was reviewed by staff and staff has a favorable recommendation when it comes to the redesign. We thought that the applicant did address those issues of -- as we have stated earlier, shifting the buffer over that 18 feet and also making sure that the -- the required storm water facility was accessed through a common lot and not an easement upon a buildable lot as was discussed in the last -- in the last hearing. As the staff report stated, staff is -- has a favorable recommendation when it comes to the redesign. The other issue and probably the more complicated issue was the letter acquired by Nampa-Meridian Irrigation District about that easement along the rear of these lots. And in a letter dated November 8th, 2006, the Nampa-Meridian Irrigation District stated that after preliminary review they believe a fence placed 15 feet from the Kennedy Lateral would be acceptable. And, basically, that's kind of a partial answer to your question, but the original condition read that the applicant would be able to either get a license agreement for the entire easement area to put the fences on that rear property line or place it into a -- into a common lot and the Nampa-Meridian Irrigation District basically said, well, we can give you maybe five feet of a license agreement. They didn't guarantee that, they said it was possible. So, staff's original recommendation when it comes to this area on the southern property line basically remains the same that -- and the condition is worded as such now that any -- any area that is encumbered by that easement that cannot be entered into a license agreement for, staff believes should be placed into -- into a common lot, whether it be 15 feet or the whole 20 feet. Let's say they could get a license agreement for that five feet, that would be fine, but the remaining 15 feet would need to be placed into a common lot. I hope that clarifies the issues that we discussed at the time last hearing. And, once again, staff approves this -- is supportive of this project with the conditions listed in the staff report and I will stand for any questions. Moe: Are there any questions of staff? Okay. At this time can the applicant come forward. Also at this time I'd like to make sure the applicant understands that we are just speaking of the items in question. Reliford: I understand. Kurt Reliford representing the applicant Gary Fors with J.J. Howard Engineers. Yes, we understand that you would like that in a common lot. We Meridian Planning & Zoning November 16, 2006 Page 5 of 63 would accept that as the -- I think it's Lot -- Lot 8 that's the common area lot -- am I wrong, Justin? Lot 8, the common area lot, the park area lot? Lucas: Yes, I believe so. Reliford: That shoestring lot and, then, we would include the -- yeah, that would just become a common lot and, then, on Lot 1 of Block 1 would, then, have its own common lot as well to address the Nampa-Meridian Irrigation District's request as far as where the fence would be placed. And that would still leave us with buildable area and meet all the needs of the ordinance. Moe: So, you would be entering into a license agreement with Nampa-Meridian -- Reliford: Yes. As a portion -- Moe: -- and if they are only giving you the five feet -- Reliford: Correct. Moe: -- you're putting the rest in a common lot. Reliford: Correct. Moe: Any questions? Zaremba: And the common lot would be maintained by the homeowners association? Reliford: Correct. Moe: Okay. Any other questions? Thank you very much. Reliford: Thank you. Moe: At this time we have one person signed up. Marv Hagedorn. Hagedorn: Thank you, Mr. Chairman. There was one thing that was -- Moe: State your name and address. Hagedorn: I'm sorry. My name is Marv Hagedorn. I live on 1505 West Pintail Drive. My lot backs up into the nursery area here. I have been a neighbor of Gary's and the nursery for a little over 12 years now and the applicant has been a good neighbor, a good citizen of the city, and I think that what he's doing is the right thing and how he's plotting this. The question that was brought up at the last meeting that was not addressed -- I didn't hear it being addressed -- was the egress and exit for emergency vehicles into the entire area that's serviced by Linder. We talked about the -- we only Meridian Planning & Zoning November 16, 2006 Page 6 of 63 have Linder going in and out and, then, there is a couple of emergency areas for fire and for ambulance on the eastern side of all of the subdivisions in there and I think that we need desperately to do something to make sure that -- to open those entrances up so we can get fire and emergency rescue into the entire area for all of the subdivisions. We have got a bridge that goes under Linder. If we have any kind of a food, if we have any kind of an issue at the corner of Linder and Franklin that stops traffic, which happens now quite frequently, because of the freeway issues and things that we have, we are going to have a pretty major problem. We have got a -- this is a safety issue that I think P&Z absolutely needs to address. The current egress that we have into the entire area is not adequate for fire trucks. We might be able to get some emergency vehicles, ambulances through there, but it's not adequate fire trucks and fast response. Moe: Would staff like to respond to that? Hood: Yeah. I can. I don't know the exact location, but there is an emergency access connection from Linder Road -- excuse me -- yeah, from Linder Road. It's not a full public street, we hope to get there soon, but -- and I don't know the exact location. I believe, Commissioner Zaremba, do you know exactly how that's constructed through there? I have not seen it, but I understand from the fire department that they do have now secondary access from Meridian via Waltman Lane, they can swing back up through, rather than having to go down Franklin to Linder and down, so -- Hagedorn: The access through Waltman is a trail that's about eight feet wide -- maybe eight feet wide that's got fences on both sides and has a post in the center of it, so you have to knock the post down in order to come through there. In fact, I don't think it's eight feet, I think it's seven feet, because my truck won't fit through there. So, I just -- I wanted -- I wanted to make sure that the Commission was aware of that, because it's a safety issue and although we are working towards resolving it, I think if somebody has an emergency and it's not resolved, somebody will be liable for not allowing or not making allowances for that ambulance or that fire truck insure that they had adequate access into that area and I just want to make sure that we all understand this is an issue and an issue quite some time. This is not to say that I think Gary's area there shouldn't be -- shouldn't be approved, because I think it should be. However, we are building a lot of population in this area that's serviced by one street and one street corner and we have got to do something about that in order insure the safety of the citizens that live in that area. That's alii have. Moe: Thank you. Zaremba: I guess I need to clarify on that same subject. I asked a very similar question in the earlier part of the Public Hearing on this and I went away with the impression that the public street was being completed across the canal that would connect to Waltman. Is that not the case? Hood: Mr. Chair, Commissioner Zaremba, that is the future case. My understanding is right now there is 20 foot wide emergency access. The eight foot wide that that Meridian Planning & Zoning November 16, 2006 Page 7 of 63 gentleman may have been referring to -- there are some micropaths as well that are out there. They do have some bollards. Again, I haven't been out there, I don't know exactly where this is at, but my understanding from the fire marshall is that there is a secondary access -- not a full blown public street, but emergency access back to the side of The Landing, essentially, from Waltman Court back through one of those stub streets. But, again, I can't point it out to you. Mr. Cole at the last meeting had it -- I don't think he went on record said this is exactly the path, but it is in and that's why you don't have the comments here as you have had in previous subdivisions in this area from the fire department saying red light, you know, we don't have adequate access in this area, because that has now -- my understanding it has now been addressed. Zaremba: Thank you. Moe: Okay. No one else is signed up. Is there someone else that would like to come forward before the applicant -- feel free to come forward. Okay. No one -- seeing no one, will the applicant please -- we do have someone. Come forward. Please state your name and address, please. Fors: Gary Fors. 843 Lilac Street, Meridian. Yeah. There is -- he's very right about the access. There is an emergency down there, but it's -- I don't know if I can pinpoint it on the map. I need to get a little bit further east to show you exactly where it is. But it's there. It's a gravel road and I know what Marv is talking about. That one is just a little bit further to the north from that access and there is a pole right in the center of it. It's a walking path right to Waltman Street or Waltman something on the other side of the east side of the subdivision. Now, you get further towards the freeway, there is an access point for emergency use, but isn't open to the public. Okay. Zaremba: Thank you. Fors: Thank you. Moe: Any questions of -- okay. The applicant can come back forward now. Newton-Huckabay: That was the applicant. Moe: Okay. Any questions, Commissioners? Newton-Huckabay: Mr. Chair, I have one question. I was absent during the 11/2 hearing and did not hear the bulk of this and have not read the minutes from that meeting. Can I abstain from voting on this? Baird: Mr. Chair, Commissioner Newton-Huckabay, because you haven't reviewed the minutes and you weren't present, I would suggest that you are not -- Newton-Huckabay: Qualified. Meridian Planning & Zoning November 16, 2006 Page 8 of 63 Baird: -- qualified, for lack of a better word, and I would suggest that you abstain. Since we have a quorum it shouldn't cause any defect in the procedure. Newton-Huckabay: Okay. And having not have done that before is that just abstain as my call during the vote? Baird: That would be my suggestion. Newton-Huckabay: Okay. Baird: If we were in a situation where you had to vote, we'd have to continue to allow you to review the minutes and, then, reconvene. But since we still are able to move forward I'd suggest that we do that. Newton-Huckabay: Great. Thank you. Moe: Commissioners have any other comments? Zaremba: Mr. Chairman, I move we close the Public Hearing on AZ 06-038 and PP 06- 036. Borup: Second. Want me to go ahead? Zaremba: Just as discussion, I'm the one that keeps raising the -- and not the only one that thinks about it, but keep raising Linder as a cul-de-sac. I am reasonably satisfied, if there is a -- if there is at least an emergency access available, the theory is that the fire and police would use that for incoming, but if there were some kind of disaster on Linder, I'm sure the public would be allowed to cross that access to exit, which makes me a little more comfortable. This project, I believe, meets all the requirements and is satisfactory. I would encourage anybody that lives in the area to pound on ACHD and ITD to get the bridge across the interstate at Linder. That needs to be done and in my opinion that's a little farther off on the radar than I would like to see it. If there are no opposing comments, I will make a motion. Borup: Go ahead. Zaremba: Mr. Chairman, I move we forward to City Council recommending approval of AZ 06-038 and PP 06-036, to include all comments of the staff report for this evening, November 16th, 2006. Borup: Second. Moe: It's been moved and seconded to approve AZ 06-038 and PP 06-036, to include all staff comments for the hearing date of November 16, 2006. All those in favor say aye. Opposed same sign. Meridian Planning & Zoning November 16, 2006 Page 9 of 63 Newton-Huckabay: I abstain from voting. Moe: And Commissioner Newton-Huckabay has abstained. That motion carries. MOTION CARRIED: THREE AYES. ONE ABSTAIN. ONE ABSENT. Newton-Huckabay: Mr. Chair, could I make one comment. There seems to be a lot of ambient noise this evening and it's very distracting up here and it's very distracting in the audience. If we could -- Borup: Close the doors. Zaremba: I have other times suggested that we close the doors and the response from legal counsel has been this has to be an open public meeting and closing the door gives the appearance that it's not, so, unfortunately, we do have to leave the door open. Item 7: Continued Public Hearing from November 2, 2006: CUP 06~033 Request for :a Conditional Use Permit for a 6,300 square foot Daycare Center in a C-G zone for Una Mas Daycare Una Mas, LLC - 3475 E. Ustick Road: Moe: I guess I would say that if the folks are going to be out in the foyer, they need to be out across to the sides and not in front of the open doors. That will help, but I guess we will start speaking up a little more. How is that? At this time I'd like to reopen the continued Public Hearing on CUP 06-033 for Una Mas Day Care. At this time hear the staff report. Lucas: Thank you, Commissioner Moe. Commissioners, this item was continued from the last Public Hearing due to improper posting, so I will be giving the full staff presentation. The applicant Una Mas, LLC, is requesting Conditional Use Permit approval to operate a day dare center for up to 75 children in this C-G zoning district. The proposed child care center will be located within a 6,300 square foot building on the southern portion of a 9.5 acre parcel generally located as shown on the map, approximately 1,000 feet east of the intersection of Ustick and Eagle Roads on the south side of Ustick Road. It's this long, thin, parcel here and the day care is proposed to go on the southern portion. As I stated earlier, it's located in the C-G zone and a Conditional Use Permit is required for day cares within that zoning district. The adjacent land uses include to the north the Smitzger Subdivision, more commonly probably known as the Lowe's shopping complex, which is zoned C-G. To the east are some rural residences, zoned RUT and R-1 in Ada county. To the south is some undeveloped the commercial land that is zoned C-G. Currently mostly vacant land. And to the west is the approved Gateway Marketplace project that has yet to begin construction. We will start with a little explanation of the access in this area, which, really, is the main question that comes up with this application. The development agreement for the Una Mas annexation, which is the history kind of behind this parcel, restricts any access point off of Ustick Road to this property. Due to this restriction the applicant is required