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HomeMy WebLinkAboutFebruary 15, 2007 PZ Comm Meridian Planning & Zoning February 15, 2007 Page 15 of 80 Rohm: And just speaking for myself, I would recommend that we waive that requirement. I think that to install a pressurized system that will never be used is asking a bit much of this applicant and it would certainly be my recommendation to waive that to Council. Commissioner Siddoway, do you have any comments? Commissioner Borup? Borup: None. Rohm: Okay. Could we get a motion? Borup: Mr. Chairman, after considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file numbers RZ 07-001 and PP 07-002, as presented in the staff report for the hearing date of February 15th, 2007. End of motion. Does the Commission want that added? I mean we don't -- it's going to be up to the City Council anyway. Rohm: I think they are going to hear -- they are going to see the minutes and that will be requested in the minutes, so I don't think the motion has to include any recommendation. Moe: Second. Rohm: It's been moved and seconded to forward onto City Council recommending approval of RZ 07-001 and PP 07-002. All those in favor say aye. Opposed same sign? Motion carried. Thank you all for coming in. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 10: Public Hearing: PP 07-003 Request for Preliminary Plat approval of 6 commercial building lots on 8.06 acres in a C-G zone for Medina Subdivision by Ken Lenz - SWC of South Meridian Road and West Overland Road: Rohm: At this time I'd like to open the Public Hearing on PP 07-003 and begin with the staff report. Watters: Thank you, Chairman Rohm, Members of the Commission. The application before you is a preliminary plat request for Medina Subdivision. The property is 8.06 acres in size and is currently zoned C-G. The subject property is located there on the southwest corner of South Meridian Road and West Overland Road. The property is bordered on the east by Southern Springs commercial development, zoned C-G. On the west by vacant ground and it's in the process of developing, zoned C-G. On the north is Jackson's food store, the gas station there and the Sandman motel, zoned C-G. And on the south by Elk Run Subdivision, zoned R-8. The site is currently vacant. All buildings have been removed from the site. The property is zoned C-G, which complies with the Comprehensive Plan map designation of commercial. The applicant is Meridian Planning & Zoning February 15, 2007 Page 16 of 80 requesting preliminary plat approval for six commercial building lots on 8.06 acres of land. There are no minimum setbacks, lot size, or street frontage requirements for lots in the C-G zone. Proposed lot sizes range from 1.088 acres to 1.877 acres. The development agreement previously approved for this site requires all future uses to obtain Conditional Use Permit approval. Additionally, all future buildings on the site adjacent to South Meridian Road, an entryway corridor, are subject to design standard approval. A development agreement modification is also proposed to allow right-in, right-out access point to the subdivision from South Meridian Road. However, the Commission is not required to make a recommendation on this application. The access point we are talking about is right there. Access to state highways is normally prohibited per the Comprehensive Plan. However, a variance was approved in 2005 that granted one right-in, right-out access to Meridian Road. Further, said access was to extend directly to the property to the west for future cross-access. The applicant has worked with the property owner to the west and is now proposing to relocate this access to the northwest corner of the site right up here to allow this property to share a full access point to Overland Road. This site will also have one right-in, right-out access point to West Overland Road, which is right there. A cross-access agreement with the property to the west is required. Other than the access points approved with this application, direct lot access to West Overland Road and South Meridian Road is prohibited. The landscape plan proposed for the subdivision. A minimum 35 foot wide landscape buffer is required along South Meridian Road here. The plan currently shows a reduced buffer width where the deceleration lane will be constructed. Right in there. Alternative compliance must be approved prior to submittal of the final plat application for reduced buffer width. A minimum 25 foot wide buffer is required along West Overland Road. A 25 foot wide buffer between land uses is required along the south boundary adjacent to Elk Run Subdivision to the south. The applicant has submitted some proposed sample elevations of what the future buildings on this site may look like. There is several different ones here. These are all approximately the same construction materials and type. They are a little different here. Staff is recommending approval of the subject preliminary plat application based on the conditions stated in the staff report. That's all staff has, unless the Commission has questions. Rohm: Thank you, Sonya. Any questions of staff? Would the applicant like to come forward, please? Elg: I believe they are going to put in a little Powerpoint presentation for me. My name is Van Elg. I represent the applicant tonight. I'm with the Land Group, 462 East Shore, Eagle, Idaho. No. 100. And -- if we can get that going. We have reviewed -- I guess what I could mention right now is we have reviewed Sonya's staff report and each of the conditions of approval and our in agreement with the items that are specified. We don't have any particular concerns with anything that's been mentioned. We had a meeting with the neighborhood association -- or a neighborhood meeting out on site. It was a rather rainy and gloomy night, which probably discouraged some, but I waited out at the site until about ten minutes after the hour and redirected anybody that did show up over to the nearby restaurant and we had a nice little meeting and some drinks over there with the groups in the restaurant there. Hot cocoa. When we first came to -- when the Meridian Planning & Zoning February 15, 2007 Page 17 of 80 applicant first came to us there was a number of issues that we needed to address. First of all, many of you will probably recognize that this site has a long-standing history that has long needed to be cleaned up and we think that this application that you have before you today represents that -- a significant change. See if I can make this thing work now. As Sonya mentioned, this is on the southwest corner of the intersection of Meridian and Overland Road, approximately eight acres. We are in compliance with the Comprehensive Plan. As you can see, there is a significant portion of commercial zoning -- or commercial designations in the Comp Plan and we fall within that area there. Zoning districts. We are currently zoned C-G, as are many of the properties in the surrounding area. The preliminary plat involves the platting of six individual lots, one of which will be the Walgreen's, which will be the primary box tenant there on the -- on the main intersection. Behind that will be five additional lots. We have tried to remain sensitive to the owners in Elk Run to the south. You will probably recognize that the site has a substantial amount of -- or elevation and some topography differences with that of Elk Run. Approximately 14 feet, I think, as I was looking at the topography drawings tOday. The applicants are certainly concerned about erosion that may occur on that Slope. We assured them that we will provide the necessary plantings to secure that slope and insure that there isn't any additional washing away of that area. It's been there for a number of years and we hope to improve it and make it better. As Sonya mentioned, one of the things that you will notice is this intersection -- this access point right here, which goes into the commercial developments in this area here, this will be reduced, as we understand it from ACHD, to a right-in, right-out. This access point here, which accesses the water park, will be slid further over to align with this new cross-access easement provided between this property and our current subdivision. That will provide a much safer intersection and alignment for those two driveways. This area here, as Sonya mentioned, was a cross-access easement that was required under the previous application and approval to provide access out to Meridian Road. We believe that this is a much safer and more functional intersection now for the current development that's proposed and one of the development representatives is here tonight should you have any questions about that access and I believe they are in support -- and will indicate that they are in support as well. This is just a blow up if we needed any additional discussion of that side area. Sonya has already mentioned the landscape plan. As shown, this will be constructed as far as the first phase of the development. These additional lots here, the additional five lots, will be brought in individually and as required under the existing development agreement will require a separate CUP application for your review and approval. An indication of where the -- a little different view of the Walgreen's site. And as Sonya mentioned, here are some of the architectural styles. You will notice that these buildings are constructed down on Highway 44, Highway 55, near that Home Depot building there. And I would ask -- open myself up for any questions. Rohm: Thank you. Any questions of this applicant? Moe: Yeah, Mr. Chairman. Just one in regard to that access point on Overland, the western access point. Meridian Planning & Zoning February 15, 2007 Page 18 of 80 Elg: Okay. Moe: And ACHD has approved that? Elg: Yes. We have got -- we have provided cut sheets to Sonya. We, actually, got the plans from ACHD for that as well, so -- and they indicated to us that that plan is -- the plan is to slide that access point over there and apparently the agreement's been struck, so -- Moe: Thank you. Elg: Uh-huh. Siddoway: Just a follow up. And this may be for staff. But I'm wondering has that agreement already been reached with the water park to the north? Because we can't require a relocation of an off-site access point with this one. I'm just hoping that those -- they do, in fact, line up in the future. Sonya: Yes, they will. Siddoway: Okay. Rohm: Any other questions of this applicant? Okay. Thank you very much. Elg: Thank you. Rohm: Would Ken Weldon like to -- Weiand like to come forward, please? Oh. Okay. They submitted a letter and it's in our packet. Okay. How about Brian McGraff? Siddoway: We need your name -- McGraff: I'm Brian McGraff. Rohm: Name and address. McGraff: I'm one of the residents in the Elk Run tract that's back is backing up to me. Rohm: Yes, we need your name and address for the record. McGraff: Brian McGraff. 168 West Davenport Drive, Meridian. In the Elk Run tract. Rohm: Thank you. McGraff: There is two little worries and in our meeting with the developers they indicated that they would do a nice landscape job, which will take care of the irrigation concerns. The other concerns for me is the noise from the property and what's Meridian Planning & Zoning February 15, 2007 Page 19 of 80 separating us now is a ten year old fence tnat is there that is -- we will probably have to replace. We would be -- what we would like is if the developer would build a concrete block wall there that would assist in cutting down the noise from the new project. Rohm: Thank you. McGraff: Thank you. Rohm: Is it Peter Oliver or -- yes. Oliver: Mr. Chairman, Commissioners, good evening. I am here on behalf of the property to the west of the -- 12601 West Explorer Drive, Suite 200. Sorry. Rohm: And your full name? Oliver: Peter Oliver -- Rohm: Thank you. Oliver: -- here representing the property to the west. And Van has covered most of the pertinent points. We have worked with the developer of this site for several months now in getting the access points and we have worked with the folks across the street all the way down Overland for full alignment, Commissioner Siddoway, and we feel really good about the solution here. It brings that first full access point farther away from the intersection. We do a full sign off and support by ACHD. And we will also be participating in a signal that's a little further west as well. And, in addition, we feel that the previous cross-access point off of Meridian Road was -- this is a much better solution that will keep traffic from zipping up and down there in the middle of their project, which should keep noise, et cetera, down as you get closer to the residential side. So, we are in support of the application and have worked closely with all the neighbors to get where we are. Thank you. Rohm: Thank you very much. Oliver: Any questions? Rohm: That is all that have signed up for this particular application, but at this time I'd like to open it to the floor. Anyone else that would like to come forward is certainly welcome to do so. Okay. Seeing none, could I get a motion to -- would the applicant like to make any final comments? Elg: Just one quick comment about the issue of sound and a concrete block wall. I'm certainly not a sound engineer; I have dealt with a number of sound walls. Commissioner Siddoway probably has some experience with that as well. You do have to be very careful with the construction of those. We would propose that a much more appealing and attractive solution to that and often a softer approach is through the use Meridian Planning & Zoning February 15, 2007 Page 20 of 80 of landscaping, which I think you will be able to adequately address as each of those lots comes in for the CUP application in the future as well. With that I will -- I can see there is some questions. Siddoway: Mr. Chairman? Rohm: Commissioner Siddoway. Siddoway: I do have one question, but it's not really to the south. My one concern is that I don't particularly favor the reduction of the width of the landscape buffer along Highway 69 for a couple of reasons. One, it's an extremely visible entryway corridor right off the freeway. And, second, it's a -- it's an historical byway that continues all the way down to Kuna. The provisions of the ordinance do allow for alternative compliance, but I'm hesitant to approve a reduced landscape buffer there without knowing what the alternative compliance is. Has that received any specific thought yet? Elg: It has. I think we are only off, if we calculated right, by just a few feet on this. It's not a significant reduction. Siddoway: Okay. I was thinking it went down to 25 feet. Oh, that's -- Elg: That's along Overland. So, we are rather close. So, we still need to work out some of the details of that, but we will come up with a plan that will be very attractive and a palatable alternate form of compliance. Siddoway: Do you know what the minimum width is? Or does staff know? Watters: It's at least 30, Commissioner Siddoway. Siddoway: Okay. Thank you. Rohm: Any other questions for this applicant? Thank you. Elg: Thank you. Moe: Mr. Chairman, I move that we close the Public Hearing on PP 07-003. Borup: Second. Rohm: It's been moved and seconded to close the Public Hearing on PP 07-003. All those in favor say aye. Opposed same sign? MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: Any discussion before a motion? Commissioner Moe, do you have any final thoughts? Meridian Planning & Zoning February 15, 2007 Page 21 of 80 Moe: Not necessarily. I'm pretty much in favor of the project. It's a great addition to that corner, as a matter of fact. Rohm: Commissioner Siddoway? Siddoway: No. As long as the width is at least 30 and there still will be alternative compliance required by staff as it comes through for final plat. I don't have a problem with that. I do think that the -- I would just add a comment to address Mr. McGraff's concern. A concrete wall alone would not buffer much sound. It actually can echo it. But landscaping can reduce that noise quite a bit and as they look at the required buffers between land uses along there, I just encourage staff to make sure that -- that that is a dense buffer with landscaping that can help mitigate that noise. Rohm: Thank you. Commissioner Borup? Borup: I have nothing. I mean we kind of looked at a lot of this when the rezone came through and when we talked about -- well, I didn't realize it was clear back in '05, though. I thought it was more recent than that. Rohm: Thank you. I guess my only final comments on this is having been around Meridian for a long fame, I gassed up at that corner for a long time and, you know, I'm sure this is going to be a great development and it's going to improve the looks of that corner, but, you know, just from a nostalgic perspective, I enjoyed going in there and buying a pop and it's definitely a change for the future and Meridian's growing up and I think this will be a nice improvement and -- but with that being said, I'm going to miss the old gas station. Could we get a motion, please? Moe: Mr. Chairman, after considering all staff, applicant, and public testimony, I move to recommend approval to City Council of file number PP 07-003 as presented in the staff report for the hearing date February 15th, 2007, with the following modification to the conditions of approval. That being that the applicant will provide alternative compliance along South Meridian Road prior to the City Council. End of motion. Borup: Second. Rohm: It's been moved and seconded to forward onto City Council recommending approval of PP 07 -003, with including all staff report with the aforementioned modification. All those in favor say aye. Opposed same sign? Motion carried. Thank you all for coming. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 11: Continued Public Hearing from January 4, 2007: AZ 06-058 Request for Annexation and Zoning of 38.01 acres from RUT (Ada County) to R-8 zone for Sagewood Subdivision by M & H Development, LLC - 4435 S. Meridian Road: