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HomeMy WebLinkAboutJuly 5, 2007 P&Z Minutes Meridian Planning & Zoning July 5. 2007 Page 5 of 62 O'Brien: Mr. Chairman, I -- after considering all staff, applicant, and public testimony, I'd move to recommend approval to City Council of file number AZ 07-007 as presented in the staff report from the hearing date of June 21 st, 2007, that this is -- it was moved -- is that the original date that we use? Rohm: Yeah. That's fine. O'Brien: With the modifications none proposed, but I guess a development agree was there? Moe: It's already in there. O'Brien: Okay. Siddoway: Second. Rohm: It's been moved and seconded to forward onto City Council recommending approval of AZ 07-007. All those in favor say aye. Opposed same sign? Motion carried. Thanks, Kevin. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 6: Continued Public Hearing from June 21, 2007: AZ 07-010 Request for Annexation and Zoning of 6.67 acres from an R1 zone to a C-G zone for Gardner-Ahlquist Gateway South by Ahlquist Development, LLC - SEC of Franklin and Eagle Roads: Item 7: Continued Public Hearing from June 21,2007: PP 07-012 Request for Preliminary Plat approval of 6 lots on 6.67 acres in the proposed C-G zone for Gardner-Ahlquist Gateway South by Ahlquist Development, LLC - SEC of Franklin and Eagle Roads: Rohm: At this time I'd like to open the continued Public Hearing from June 21 st, 2007, of AZ 07-010, PP 07-012, and CUP 07-014, and begin with the staff report. Hess: Thank you, Mr. Chairman, Members of the Commission. The application before you is the Gardner-Ahlquist Gateway South Subdivision. The applicant has requested annexation and zoning of 6.67 acres from R-1, Ada County, to C-G, as well as preliminary approval of five commercial lots and one private street lot. Gardner-Ahlquist Gateway South is generally located at the southeast corner Eagle and Franklin Roads. The site currently contains several residential homes, which are to be removed upon development. To the north there is the existing Willey Subdivision where the RC. Willey is located. And to the east the Meadow Lake Village Touchmark development. Let's see. Fast forward here a little bit. The UDC does not require open space or site amenities for commercial development, but as Eagle Road is designated an entryway corridor, adjacent to the site a 35 foot wide street buffer is required adjacent to the Meridian Planning & Zoning July 5, 2007 Page 6 of 62 roadway. The submitted landscape plan, as you can see, does, in fact, propose a 35 foot wide buffer. At this time staff would like to discuss the issue of access to the site. And if the Commission could refer to the slide show. Primary access to the subdivision will be through the Gardner-Ahlquist Gateway -- let's see here -- via right-in, right-out access to Eagle Road. And that's here. A right-in, right-out, left-in access to Franklin Road. And that's up here. And East Louise Drive, a stub connection provided to the property from Meadow Lake Village. And that's not showing -- oh, the map got twisted up there. Sorry about that. There is East Louise Drive over here from Meadow Lake. Alternate access is also proposed by a private driveway at the south property line, which connects to an existing street, St. Luke's Street. Go back to the aerial here and you can see that. Here is St. Luke's Street for the hospital here. As you can see, St. Luke's Street is a private street, owned and maintained by the hospital and, as such, St. Luke's controls access to the street. A document has been recorded which allows the Montvue Park property to utilize this private street here. Now, the Gardner-Ahlquist development has not been granted direct access by other properties to St. Luke's Street. However, they do have the opportunity to gain access to the street by utilizing a privately owned driveway located on a property at the southeast corner of Montvue Park and that is this piece here. And as you can see right here is a little driveway. This prospective access is only considered a driveway, it is not a private street. However, it does exceed Meridian's private street standards with a 28 foot wide travel lane, curb, gutter, and sidewalk on one side. Staff made a condition of approval of Gardner- Ahlquist to obtain a recorded agreement which allows ingress-egress across this private property here to get to St. Luke's Street. At the time of print for the subject staff report staff was unaware of such a document. Since that time, though, planning staff has received the recorded document allowing this access. As the access issue has been resolved, staff has no other concerns with the proposal and recommends approval of the subject annexation and zoning and preliminary plat application and that is all staff has, unless the Commission has questions. Rohm: Good. Thank you very much. Any questions of staff? Mae: Mr. Chairman, I just have one. Amanda, I guess I'm a little bit confused or maybe I am just confused, but I don't remember that when we approved, you know, the northern portion originally, did we approve the left-in off of Franklin also into that property? When I read that in the report I was a little surprised. I thought we went right- in, right-out on both. Hess: You know, Mr. Chairman, Members of the Commission, I, actually, was not the planner on that project, so I actually do not remember that. I think it is, actually, an ACHD approved access. Rohm: Well, it might also be that our recommendation to Council that it would be a right-in, right-out and Council moved to allow a left-in. So, that's -- Nary: Mr. Chairman? Meridian Planning & Zoning July 5, 2007 Page 7 of 62 Rohm: Mr. Nary. Siddoway: I was just going to ask for clarification, what that approval would have been done with, what previous application? Moe: Their first phase application, they brought in -- Nary: Mr. Chairman? Mr. Chairman, Members of the Commission, I did attend the Council meeting on that discussion. I do believe that was the Council's direction and they did grant that left-in access off of Franklin. Rohm: I know that there was a lot of debate on that the first time through -- Mae: Yes. Rohm: -- and that's probably why Commissioner Moe brought that up. All right. Okay. All right. Thank you, Amanda. Any other questions? Siddoway: I have one. Amanda, the request for private streets, is it for all of the proposed streets within this sub number two? Hess: Mr. Chairman, Members of the Commission, actually, the request for a private street is only this little tiny square right here. Having a little hard time getting exactly on it there, but I -- after talking with the applicant's representative, I was under the impression that the reason that they want that private street on this little tiny lot here is because this lot over here wishes to be addressed off of that. They want to sort of maintain the Montvue name and that's what that private street piece is going to be called. Siddoway: Okay. But the extension of Louise and all that is all public? Hess: Mr. Chairman, Members of the Commission, correct, those are all public streets. Yeah. That's-- Siddoway: Okay. Thank you. Rohm: Okay. At this time would the applicant like to come forward, please? Hall: Mr. Chairman, Members of the Commission, I'm Pamela Hall, Timberline Surveying, 847 Park Center Way, Suite 3 in Nampa, 208-465-5687. I'm here as a representative for Mr. Ahlquist, Ahlquist Development. He's unable to attend this evening due to a conflict in his schedule. We agree with everything that staff has recorded and we have nothing further to add. So, if you have any questions -- and if you want further clarification on the private street, we do have a representative from the engineering firm here that can address that private street issue even further. Meridian Planning & Zoning July 5. 2007 Page 8 of 62 Rohm: I think the main issue on that was just to make sure that there was a recorded easement to gain access to and from. Hall: Yes, there is. And that was submitted this morning. Rohm: Right. Thank you very much. Moe: Probably more for staff, but you said you guys are in agreement with the staff report? Hall: Yes, we are. Moe: Okay. Amanda, one other thing in the report. Are we now looking to combine the DA for this to the original as well? Is that the plan? Hess: Mr. Chairman, Members of the Commission, not at this time. In the future -- I would imagine fairly shortly they will be submitting an application for a development agreement modification and that is to combine within the two development agreements and sort of update some of the information that was incorrect. Moe: Okay. Thank you. O'Brien: Mr. Chairman, I -- a question for -- what is Ada County Highway District -- what kind of issues or concern did they have with the left-in off of Franklin onto that property? What did they anticipate as far as issues go? Hall: Mr. Commissioner, I think I would go ahead and leave that with the engineers. We have a representative that's been dealing with the traffic, so if I can turn that over to him, I'd like to go ahead and do that. O'Brien: That would be fine. Is that -- Rohm: Absolutely. Yeah. Foote: Mr. Chairman, Members of the Commission, I'm Bryan Foote with Horrock Engineers. We are the engineer for the development of the project. And you guys are correct, when this went to Council; Council approved the left-in -- the right-in, right-out, left-in, which we kind of call a three-quarter intersection. The issue was -- we put together a traffic model to show how that would work and presented that to Council and that was also done with ACHD's blessing. The concern was when we met with ACHD is that by disallowing the left off of Franklin into the development, you route all those lefts through the intersection of Franklin and Eagle Road, which puts added pressure on an intersection that already has a lot of pressure on it. When we built the traffic model, we saw that there was sufficient breaks going eastbound on Franklin Road to make a left- in, as long as there was provisions to safely pull into a pocket there on Franklin and turn left into the development, there were -- it could work fine and be safe. The bigger Meridian Planning & Zoning July 5, 2007 Page 9 of 62 problem is allowing a left-out. And so what we propose to not allow those left-outs is there will actually be raised medians installed on Franklin Road so that you cannot turn left out, because that would create a safety problem. ACHD was supportive of this. In fact, they attended the City Council hearing on this and voiced their support for this and that's a matter of the record in the Council minutes, but that was the issue there, so -- O'Brien: Do you have an approximate number of people who would be working in those complexes over time? Foote: Yeah. You know, part of the traffic model and the traffic study that we did took all of that into account and I can't remember how -- you know, exactly how many trips were going to go out through there. The majority of the left turns out are going to go over through Touchmark and go out through the signal. I mean that's how they will get out of the development. They won't be able to get out on the other access, so -- O'Brien: Okay. Thank you. That's alii have. Rohm: Okay. Thank you very much. Siddoway: Mr. Chairman? Amanda, could you go to the landscape plan, please, for the plat? Hess: Sure. Siddoway: So, this phase only has the frontage on Eagle Road. I just wanted to make sure that the -- the 35 foot landscape buffer requirement is only on Eagle Road for this -- for this plat; is that correct? Hess: Mr. Chairman, Members of the Commission, yes, the only street frontage -- arterial street frontage that this property -- or this subdivision fronts is Eagle Road. The north subdivision, obviously, you would have Franklin as well and there is also a 35 foot wide landscape buffer on that. Siddoway: And, then, what's the buffer they are providing along St. Luke's Drive? Hess: Mr. Chairman, Members of the Commission, I think a lot of that is already in. If you drive down St. Luke's Drive, there is a landscape buffer in there, so they are proposing to put in some additional landscaping at the bottom there and it's not required. Siddoway: So, these trees that we are seeing, are they to be installed as part of this application or are those the existing trees? Hess: Those are proposing to be installed with this application. Siddoway: Okay. Thank you. Meridian Planning & Zoning July 5, 2007 Page 10 of 62 Rohm: Okay. As with our previous hearing, there is no additional individuals signed up to testify, but at this time the floor is open and anyone that would like to come forward to testify to this application this is the time. Moe: Mr. Chairman, I move we close the Public Hearing on AZ 07-010 and PP 07-012. Siddoway: Second. Rohm: Okay. It's been moved and seconded to close the Public Hearings on AZ 07- 010 and PP 07-012. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Mr. Chairman? Rohm: Commissioner Moe. Moe: After considering staff, applicant, and public testimony, I move to recommend approval to the City Council of file numbers AZ 07-010 and PP 07-012, as presented in the staff report for the hearing date July 5th, 2007, with no modifications. Siddoway: Second. Rohm: Okay. The staff report had a provision in there for the obtainment of that easement, which has been obtained. I think we could, actually, strike that from the staff report as a requirement, because it's already there. Siddoway: Or just acknowledge that it's received. Rohm: Right. Moe: I would say that's been done. Rohm: Okay. Okay. With that being said, at this time I'd like to poll the Commission. All those in favor of the motion, please, say aye. Opposed same sign? Motion carried. Thanks very much. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 8: Public Hearing: CUP 07..014 Request for a Conditional Use Permit for the construction of a 7,750 square foot multi-tenant retail building for J & K Investments Retail by J & K Investments, LLC - 1330 E. Fairview Avenue (Lot 2, Block 2, Doris Subdivision):