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HomeMy WebLinkAboutMay 17, 2007 P&Z Minutes Meridian Planning & Zoning May 17, 2007 Page 23 of 38 Item 11: Public Hearing: RZ 07-010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridge by Stanley Consultants - south of E. Fairview Avenue, east of N. Locust Grove Road and west of N. Eagle Road: Item 12: Public Hearing: PP 07-008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridge by Stanley Consultants - south of E. Fairview Avenue, east of N. Locust Grove Road and west of N. Eagle Road: Rohm: Okay. At this time I'd like to open the public hearings of AZ 07-006, RZ 07-010 and PP 07-008 for the sole purpose of continuing all three of these items to the regularly scheduled meeting of June 21st, 2007. Mae: So moved. Siddoway: Second. Rohm: It's been moved and seconded to continue Item AZ 07-006, RZ 07-010, PP 07- 008 to the regularly scheduled meeting of June 21 st, 2007. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: AZ 07-008 Request for Annexation and zoning of 3.32 acres from R1 to C-G zone for Zamzow's Overland by JR LLC - 3620 and 3650 East Overland Road: Rohm: At this time I'd like to open the Public Hearing on AZ 07-008 related to the Zamzow's Overland project and begin with the staff report. Watters: Thank you, Mr. Chairman, Members of the Commission. The application before you is an annexation and zoning request for the property located on the northwest corner of East Overland Road and South Jade Avenue. The site consists of three platted lots in Jewel Subdivision and there are currently some existing homes and outbuildings on the property. To the north and east are existing residential properties in Jewel Subdivision zoned R-1 in Ada County. To the west is vacant property, zoned C- G. And to the south are commercial properties in Silverstone Business Campus, zoned C-G. The property is currently zoned R-1 in Ada County and the applicant is requesting to annex and zone the 3.32 acre parcel, that includes the right of way to the center line of Overland and Jade. And they are requesting a C-G zoning district. The Comp Plan future land use map designation for this property is low density residential, not commercial. However, the land areas as shown on the map are only conceptual. Staff believes that a map amendment is not necessary and that the requested C-G zone and commercial use of this property would be more appropriate than a residential designation for the following reasons: The properties directly adjacent to the site on the Meridian Planning & Zoning May 17, 2007 P:;lge 24 of 38 west and south are zoned C-G and designated as commercial on the future land use map. The site is located on the corner of Overland Road and Jade Avenue, which provides a good location for commercial property and an access point that is not on an arterial street. A large portion of the homeowners within Jewel Subdivision have been pursuing the sale and commercial redevelopment of their properties. And the proximity of this property to a major intersection, Eagle and Overland, with heavy traffic flows and a large portion of this property and surrounding properties to the north, northwest, and northeast lie within the one hundred year and five hundred year flood plane and the flood way of the Five Mile Creek, making residences an unappealing use. As you see here the blue areas here are the flood plane. However, because there are existing residences to the north and east of this site and because the future land use map does designate this property as low density residential use, staff recommends that the Commission rely on any comments received from neighbors regarding the appropriateness of zoning this property commercially for retail stores. Here is an aerial view of the property. This is the site photos, just looking right at the intersection there. This is Jade. This is Overland. The applicant has submitted a concept plan for this site. The site is required to comply with design standards because of the property's location adjacent to an entryway corridor. The applicant has submitted a design review application as required with the subject annexation application. Staff is requesting that the applicant provide an eight foot wide internal pedestrian pathway to the main building entrances from Overland Road, right along here, and to the west property boundary. Other than this change, the site complies with the required design standards. The concept plan shows one building consisting of 13,334 square feet for the Zamzow's retail store and 5,152 square feet for tenant retail shops and they are located here on the west end, for a total of 18,486 square feet. The proposed retail use of the property is permitted in the C-G zone. Certificate of zoning compliance approval is required prior to issuance of a building permit for this site. The detailed site plan and elevations submitted with the certificate of zoning compliance application must substantially comply with those approved with the subject application and with the provisions of the development agreement. The concept plan shows access here to west -- or, excuse me, South Jade. There is no direct access to Overland Road. And a driveway is shown to the west property for future connection to the planned extension of Silverstone Way. Off street parking is shown on the plan here on the site. The proposed elevations for the building. The building will primarily be constructed of three different colors of basolite CMU and concrete block, with corrugated metal accents. Staff was concerned about the appearance of a loading area on the east end of the building here where it's visible from Overland Road, with only a six foot tall wall for screening. The applicant did submit a conceptual view of the east end of the building showing how it will look when it's landscaped. Staff is satisfied with the proposed landscaping and screening on that end of the building. No landscaping improvements are required at this time, but a 35 foot buffer will be required along Overland Road, and entryway corridor, and a ten foot wide buffer will be required along Jade on development of the property. Staff is requesting that a development agreement be required for this property to insure that the property develops in a fashion that is consistent with design standards and Comprehensive Plan and is not negatively impacting here by the property. Staff is recommending approval of the annexation and zoning request, with the development Meridi:;ln PI:;lnning & Zoning May 17, 2007 Page 25 of 38 agreement provIsions noted in the staff report. That's all staff has, unless the Commission has questions. Rohm: Thank you very much. That was a good report. Any questions of staff? Siddoway: Mr. Chairman, Sonya, the development agreement requirements that you just described are already written into a condition of the staff report? Watters: Chairman Rohm, Commissioner Siddoway, Commissioners, yes, they are. Siddoway: Okay. And there is no public access on the south elevations facing Overland? Watters: That is correct. There is no direct access to Overland. Siddoway: Okay. That's alii have at this time. Rohm: Any other questions of staff? O'Brien: I have a question for -- I forget your first name. Watters: Sonya. O'Brien: Anyway, comparing to the Zamzow's off of Main Street, I guess, and the opened area that -- Watertower Lane, I guess it is -- so, you can see all the access points there to the backyard -- the yard area of Zamzow's where they load rock and gravel and bark and all that kind of thing, so is this the concern we have on Overland Road here where that would be exposed to Overland or be able to be seen from Overland? Is that -- Watters: Chairman Rohm, Commissioner O'Brien, Commissioners, I think the police department's primary concern was being able to see the entrances of the businesses from Overland. O'Brien: So, it's not a concern of having that visible, as much as the entrances are? Is that what I'm hearing? The entrances from the east and west side. Is that what needs to be visible? Watters: The entrances are on the north side. O'Brien: Oh. Okay. Okay. I was confused on that. Okay. That's fine. Thank you. Rohm: Any other questions of staff? Would the applicant like to come forward, please. Eisenbarth: My name is Darin Eisenbarth and I reside at 307 Winter Boulevard, Nampa, Idaho. 83651. I am the president of Zamzows. This development is very Meridian Planning & Zoning May 17, 2007 Page 26 of 38 similar to our development of a store that we just opened in November in Nampa and it was well received there. We originally met with all of the neighbors and it was kind of surprising to us that they were actually very thrilled to have us in there, shaking our hands and, you know, welcoming us in and we think it will fit very well. The development of Silverstone that we are hoping will happen very soon, I think will alleviate a lot of the concerns from the police department about visibility, because that will be a fairly busy street and that will be a large entrance point to our store. The reason that we have located it this way is, one, is we feel that when you pull off of Overland with the building located the way it is it kind of -- it shields you a little bit from the traffic, because that's a very very busy street on the other side. It gives you a little sense of peace when you're on the backside like that. It also is the best use of the property, because of the flood plane that is in the back and, you know, we didn't feel that it was going to be the best use of the property to construct a building in the back and have to go through and alter the creek or do anything there. So, the building itself has a silo on the front of it and, you know, we have been a member of the Meridian Community since the early '40s when we bought the feed mill over here and this will be our 10th store, probably employ about 17 to 24 people. So, if there any other questions? Rohm: Good. Thank you. I'll tell you, it looks great. Eisenbarth: Thank you. Yeah. We are proud of it. Siddoway: One question. The site plan as you proposed it does not require any modification of the flood way it's just not -- Eisenbarth: It does not. Siddoway: Part of your parking is in the flood plane; is that correct? Eisenbarth: It is. And it's also in the flood way. We are in the process of doing a hydrology study for that and we don't think there is any issues, but we went ahead to do that anyway, just to make sure and we are meeting with Paul Kunz, who is the engineer that does that. Siddoway: Okay. Rohm: Any other questions of the applicant? Okay. Thank you very much. It looks like everybody that's signed up to testify to this are all kind of part of the same group, but, technically, I have to name off each one individually and give you an opportunity to speak and -- Doug Zamzow. Zamzow: Commissioners, my name is Doug Zamzow. I reside at 415 Schmeizer Lane in Boise, Idaho. 83706. I work with Zamzows to manage the construction and we -- as Darren said, we had a real excellent experience with our very similar project in Nampa last year and we are looking forward to this one and we are looking forward to adding Meridian Planning & Zoning May 17, 2007 Page 27 of 38 more Zamzows presence in the community of Meridian, hopefully through this rezone and annexation process. We have done a lot of groundwork. We spent time on the phone with Sonya and the first planner that was on the job Justin Lucas. We have also spent a little bit of time with Caleb as we go through the design review process in trying to make it an acceptable, pleasant-looking building for the entry corridor of Overland Road. I have also met with Lieutenant John Overton of the Meridian Police Department. There was some concern noted in the staff report about visibility of the entrances to the building from the north side, very limited visibility, and we have agreed -- I have tried to get a hold Lieutenant Overton since, but we have agreed to add security cameras to the front entrances that will be tied into our fully monitored alarm and burglar system that will be in the store. So, I'm hoping that Lieutenant Overton will find that acceptable. I have also met briefly with Anna of the planning department. I met today with two different people at the Nampa and Meridian irrigation district. I have also done a preliminary meeting with ACHD to make sure that we will comply with all of their requirements on Overland Road and South Jade Avenue and I briefly with met with Kyle Radek of the City of Meridian regarding the flood way application. I can't remember the name of the form. Flood way application form. And we have engaged Paul Kunz, who is a professional engineer, recognized in flood way and flood plane studies. He will help us through that process, hopefully, when we get the zoning -- certificate of zoning compliance, as well as start on our building permit process. We have engaged CSHQA out of Boise to do the complete design package, civil, architectural, mechanical, electrical and plumbing. Hopefully I -- and landscaping. Hopefully I didn't miss anything there. They were also our architect engineer of record on the Nampa store, so we are trying to keep that conductivity so we end up with another excellent result like the Nampa store. Zamzows has made some changes for the design review process, as I noted earlier, and we have revised some elevations to make the east elevation and the south elevation on the entry corridor more pleasing to the eye as you drive by. We have reviewed the staff report in detail and I can't think of any other real concerns that were in the staff report, other than the police comments about the visibility of the entranceways on the north side of the building. Those are the only comments I have at this point. I'm certainly willing to answer any questions you may have. Rohm: Thank you, Doug. And. again, this is a very nice project. Any questions of Mr. Zamzow? Okay. Thank you. Zamzow: Thank you. Rohm: John Irvine. From the audience he says he has no direct requirement to speak, but is in support of the project. Paul Lawrence. No comment at this time as well. Those are all that have signed up to speak to this application, but if there is anyone else that would like to speak to it, now is that time. Okay. Seeing none -- Siddoway: Mr. Chairman, I move we close the Public Hearing on AZ 07-008. Moe: Second. Meridian Planning & Zoning May 17, 2007 P:;lge 28 of 38 Rohm: It's been moved and seconded to close the Public Hearing on AZ 07-008. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Rohm: Discussion? Commissioner Newton-Huckabay would you like to add any comments before we -- a motion is made? Newton-Huckabay: No. I have no comments. It's a great project. I'm always glad to see businesses -- home grown businesses, so -- Rohm: Good comment. Thank you. Commissioner Siddoway. Siddoway: Just a clarification from staff. The staff does support the commercial zoning without a Comp Plan amendment. because it's adjacent to areas that are currently shown as their future land use being commercial and you see it as bump of that approved future land use; is that correct? Watters: Chairman Rohm, Commissioner Siddoway, Commissioners, yes that is correct. Siddoway: Okay. That's alii had. Rohm: Okay. Commissioner O'Brien, any final comments? O'Brien: I have to ditto a couple comments I heard from the Commissioners is I think it's nice to have something finally south of the freeway. We have been waiting a long time to see some growth out there from -- especially from the local boys. Congratulations. Really glad to see you coming down. Rohm: Okay. Commissioner Moe. Moe: The same, like any other Zamzow's I have seen, and I haven't been to Nampa, but very nice -- very nice looking facility. It's going to be -- it will be a good plus out there and I appreciate that. Rohm: Thank you. And I think at this time it would be appropriate to request a motion. Siddoway: Mr. Chairman, after considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number AZ 07-008 as presented in the staff report for the hearing date of May 17, 2007, with one modification, that the development agreement include a requirement to add security cameras near the entrance as offered by the applicant tonight. Moe: Second. Meridian Planning & Zoning May 17, 2007 Page 29 of 38 Rohm: It's been moved and seconded to forward onto City Council recommending approval of AZ 07-008 to include the staff report as modified in the motion. All those in favor say aye. Opposed same sign? Motion carried. Thank you folks for coming in. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: CUP 07-011 Request for Conditional Use Permit for 12 multi-family residential units on one acre in an R-15 zone for Strate Apartments by Gene Strate - 911 East Pine: Rohm: Okay. At this time I'd like to open the Public Hearing of CUP 07-011 related to Strate Apartments for the sole purpose of continuing these items -- this item to the regularly scheduled meeting of June 7th, 2007. Rohm: So moved. Siddoway: Second. Rohm: It's been moved and seconded to continue Item CUP 07-011, to the regularly scheduled meeting of June 7th, 2007. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Rohm: Okay. At this time I'd like to take a short break. (Recess. ) Item 15: Public Hearing: ZOA 07-001 Request for a Zoning Ordinance I Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment # 2 by the City of Meridian Planning Department: Rohm: All right. I'd like to open Public Hearing ZOA 07-001 and begin with the staff report. Hood: Thank you, Mr. Chair, Members of the Commission. ZOA 07-001 is the second amendment to the Unified Development Code that we are taking for some additions, subtractions, modifications. As you may recall, September of 2005 that this was adopted, $0 about a year and a half now -- a little over a year and a half we have had the UDC in effect and for the most part I think it's working pretty well, but we have before you some clean-up items. I'm going to just touch on a couple of them that I think are noteworthy. Some of them are just -- we missed a comma or a letter or forgot to add a -- for instance, in some of the subsections -- I'm not going to touch on those. Again, just some of the major -- I wouldn't even say major. Most of these are pretty