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HomeMy WebLinkAbout00April04 CC Item SheetMarch 31, 20~ c u P o0-00~ MER1DlAN CITE COUNCIL MEETING _ April 4, 2000 ~~ • P ~ ~ I ~ I I i I III I~IIp+11nn~1~~~1444~14mm~uUlnil~~n. I~q~lrlul~l~l~lliggi.Ii~~n~ilil~~~I~~A APPLICANT L.B, INDUSTRIES ITEM NO. ~~ REQUEST CUP FOR EXISTING CAR DEALERSHIP (TWO BUILDINGS) FRONT 4 ACRES AND PROPOSED 72,OO0 s.f. MINI~STORAGE GN BACK 4 ACRE$ IN A C-G AND B-COMMERCIAL BONE A r-C-It+V CITY CLERK: CITY ENGINEER; CITY PLANNIN~DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA CQUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: r-~1 ~j li C-!Tr SEE ATTACHED RECOMMENDATIONS ~~ ~'~~ ~,~' z 1~" ~ ~~~' ~' Q ~~~' ~,~ ~ C Materials presented at pubEic meetings shad become property of the City of Meridian. 3~k5 ~vzB (~~~ east of St. Luke's between Franklin Road and • Interstate 84. Crty Attorney to prepare Findin s of Fact and ' g Conclusions of Law for approval 9. Public Hearing: CUP 99-039 Re ue ' ' q st for Conditional Use Permit far planned unit development includin continuin g g care retirement community, single-and multi-family residential and office and ' L.. retail use by Touchmark ~v~ng Centers -Joseph A. Billig -~ east of St: Luk ' Road e s between Franklin and Interstate 84: City Attorne to re are Fi ' C Y p p nd~ngs of Fact and onclus~ons of Law for approval 10. Public Hearing: CUP 04~OOfi Re ues " q t for a Conditional Use Permit for existing car dealership ~2 buildin s , Fairview Mi • 9 7 n~ Storage, b L.B. Industries -front four acres and Y proposed ?2,000 s.f. mini-storage on the back four acres - east of St. Luke's between • Franklin the I-84. Continued public hearr'ng to Apri118, 2000 11. Public Hearing: AZ 99-010 Re u q est for annexation and zanin of X50.19 acres to R-4 b Bear g y Creek, LLC -east of Stoddard Road and south of overland ; City Attorne to re are ' Y p p amended Frnd~ngs of Facts and Conclusions of Law fora royal pp 12. Public Hearing: PP 99-010 Re uest for ' • • • q preliminary plat for proposed Bear Creek Subd~visron -- 326 sin le-famil lots g y on 150.79 acres by Bear Creek, LLC -east of Stoddard Road ands • outh of overland. City Attorney to prepare amended Findin s of F • g act and Conclusions of Law for approval 13• AP 00-001 Appeal of Plannin and Zo ' ' ' . g Wing Administrators denial of sign application to replace existing dis la with a new ' . • , p Y display cabinet with a message center by Meridian High School: A rove to ov denial of P Pp erturn the fanning and Zoning Administrator's denial 14. Request for revisions to the Final Plat of the Villas at the Lakes by Keith Jacobs, Jr.: Approve the revision 15. Resolution Amendin Resolutions 2Tl an ' ' g d 286 pertaining to the "Commercial l Investment Real Estate Purcha se and Sale Agreement 1Q#57116": Approve -Resolution No, 314 16. Public Hearing: VAR 04044 Variance in re ' quirements of hook-up to Meridian City Caunci! Meeting --April 4, 2~0~ Page 4 Materials presented at public meetings shall become property of the Cit of Meridian Y . Meridian City Cauncii M~~~ing April 4, ZQOp Page 45 deWeerd: Mr. President, l guess 1 have one comment. It wo uld appear that without this development, the Montvue pro e would reall dev ' . p ~Y y slue. This is g~v~ng these res:dents some value to their propert and some access ou Y t onto the road. I guess l would Pike fo move that we instruct the ci attor ty ney to prepare Findings of Facts and Conclusions of Law and Decision of order to do [need to do a Decision of order? okay. For the re uest for Conditional q Use Permit for a planned-unit development including continuin care retirem ' . g ent community, single- and multi-family res~dent~af and office and retail use b T ' ' y ouchmark Living Centers. Bird: Do we have a second? Anderson: I'll second it. Bird: Any discussion? Hearing no discussion, we've of a motion . , g to approve the request for Conditional Use Permit for Touchmark Livin Centers. Roll-call v g ote . Roll: call: de Weerd, aye; Anderson, a e; McCandless a e. y Y M~TI~N CARRIED: THREE AYES Item ~ 0. Public Hearing: CUP 00-006 Re uest fora ' ' q Conditional Use Permit for ex~st~ng car dealership ~2 buildin s Fairview Mini g }, Storage, by L.B. Industries ~ front four acres and ro osed 72 DDD .. p p , s.f. m~n~-storage on the back four acres -- east of St. Luke's between Franklin the I-84: ~onf ~~~ ~ ~~ l8' Bird: The next item, ~0, is a public hearin , re uest for Condi ' ' . g q tional Use Permit for ex~st~ng car dealership, two buildin s Fairview Mini g : Storage, by L.B. Industries, front four acres and proposed 72,oD0 s.f. mini-stora ge on back four acres - east of St. Luke's between Franklin and I-84. I'll o en the ublic hearin P p g, and, staff, any comments? Hawkins-Clark: Mr. President, Council, the sub'ect's roe ' 1 p p rty ~s here. The cross-hatched piece, currently the car dealershi is in the front half. . p The application ~s proposing to use the southern half of the ~- southern ' portion of this parcel. Again, the -- we have Fairview and here is the ro osed la out f p p y or the site. These rectangular units are here on the southern bounds .There ry ~s a landscape strip separating the use from Dave Meadows Subdivisi on. Vve would ask that our staff comments be incorporated in this. Here's an elev ' anon of the proposed storage building units. deWeerd: Mr, President, Brad, ! guess f had a uestion re ardin ' . q g g the plan itself. l understand that is a private road; es there no buffer re uired be q tween the road and the storage units? Are those just like a zero lot line there? The 're ri h y g t up against that road? Meridian Ci#y Council "",Ming Aril 4, 2~0p Page 4fi Hawkr'ns-Clark: The requirement in the or ' d~nance ~s ~0 feet between incompatible uses. deWeerd: Where is the lot line on this? Is it in the ~ ' middle of the road? Is ~t right there where the bu~ld~ngs begin? Hawkins-Clark: Look at a be#ter scaled lan i ' . p n dust a moment, It appears that, forgive me. This was Steve Siddowa 's ro' y p sect here s the prwate road com~n off of FaErv~ew. Comin south. Asa g g private road, the applicant would have to speak to where the property bounds is here on th . ry e west ar here on the east. Typically if this is an easement situation this , would be the property boundary. You re correct En that there s no landsca a buff p er for here. The buffer ~s here and along the south. There's an existin sewer and g gas, and these are the ut~l~t~es that are stubbed right here in this location. Thr ee parking spaces provided with the manager's office and iivin uarters situated h . g q ere. This ~s a chain-Ink fence, This is currently asphalt, of course in terms of the sales lat. This ~s all a single parcel is the reason it's coming before as this Condi ' } tonal Use Permit since we re looking at two principle uses on a sin le lot. ' g Thats the reason for the request for the landscaping on the north as well to et the g site in compliance with Code. The emergency fire route is here. I'm sor I said Dove Mea ' ... ry flows. Thats Danbury Subd~v~s~on. Don't know if that answers our ' y question, Councilwoman devtiJeerd deUVeerd: No, l still want to know wh there ' . y ~s no buffer or why those bu~ld~ngs begin right along side of the road and l ues ' g s 1 understand its all one lot, but why there wouldn't be any buffer or an softeni y ng along that chain-Ink fence, landscapew~se, landscape islands or someth' Ong to relieve that fencel~ne. Now, one last question. Do I understand throw h our . g y staff comments that they 11 be puttEng a sidewalk along Fairview as wel(as a cond' ' ~ ~t~on . Hawkins-Clark: Yes. deUlleerd: Okay. That's a[1 l had. Bird: Any other questions for staff? If the a ' pplicant would like to come forward. Is the applicant here? deWeerd: l guess ['m not gain to et m ues ' g g y q tion answered, Bird: Would anyone like to testi ? Public testim ? fY~ any. Morgan: ~n your description here the last r sentence says east of St. Lukes between Franklin and 1-84. That s wron , g Bird: Could we get your name and address leas ~ ,p e. Meridian City Council ~'~ating April 4, 2p0o Page 47 j .. Morgan: Bernadine Morgan,l ~ 87 East Fairview. our propertY1o~ns. Bird; Do you have any questions? Council? Woul d anybody else like to testify Hearing no more testimony, I'd entertain a motion ~ • to close the public hearing. McCandless; So moved. Bird: Do I have a second? deVlleerd: I just think the a licant needs to ~ • . , , pp be here to answer questions. As it stands, I think its really ugly haven bu~ld~n s ri h ' g g g t up against the road. Frankly, unless !have some answers, l would move to d ' eny. In fairness to the applicant, !t would be nice if that applicant were here. That's ' ' my opinion. Bird: I've got a motion to close it. Do I have a se ~ cond. Anderson: I'll second the motion to close the ' public hearing. Bird: All in favor? MaTI~N CARRIED: Twa AYES T~ ENE NA Y. Bird: Okay, Council, what's our leasure on th -~ Y p e deWeerd: Mr. President, I move that we r . ecommend denial of the CUP for existing car dealership and instruct the ci attorne to tY y prepare F~nd~ngs of Facts and Conclusions of Law and Decisive of order to reflect that. McCandless: ['11 second that. Bird: It's been moved and seconded that we ' ' • deny the Cond~tlonal Use Permit for an existing car dealership, two buildin s Fairv' ' ' g , rew M~n~ Storage, by L.B. Industries, front four acres and ro osed l2 ' p p ,004 s.f. m~n~-storage on the back four acres. Any discussion? Anderson: Mr. President, I guess this is 'ust a co 1 mmen#, and I guess I can direct this more toward Tammy because ou used . y to serve on the Planning and Zonin Comm~ss~on, but I think at the ~ g point when a project reaches the Ci Council level it's no ~ t necessarily up to us to start im osin new co ~ ' p g nd~t~ons a# thES point that have never been heard b an a licant • y pp throughout all of his P & Z process. If that was a requirement, and if that's what ' the City Council wants, then they need to direct the staff that that's what the ne • y ed to do. As far as I know, this stub street that goes in there ust oes in Cher 1 g e and dead-ends. It doesn t go anywhere. There s commercial occu ants on the . . , p • other side which ~s a car wash operat~an. I dust think that its snap ro riate for us at p p this level to start throwing ~n Meridian City Ca~ncil ~ r"...sting April 4, 200 ~„ Page 48 . new conditions that have never been heard on a licants. ' . pp 1 don t disagree with maybe that is ugly, maybe that's somethin to be don ' 9 e, but it should be done prior to it ever getting here. deWeerd: Mr. President, being u [ or not the a tic ` g Y pp ant ~sn t here. This is the final place for dec~s~ons. You know,l uess [don't h g ave an answer as to why the applicant wouldn t be here. I did t to et minutes fro rY g m the Planning and Zoning meeting so l could see what the a licant said ar w ' pp hat transpired there, unfortunately, the table isn't workin . So we don't hav , g e any public record on rt. [ can t -1 guess we could ask staff to ask the uestions and q ask that the applicant be here Ef he s serous about this a location but ' pp , as the applicatEOn stands right now, I am not !n favor of it. The applicant's not here to an ' saver any questions. Bird: Mr. President, for the reason stated b Tamm ' y y, that s why l seconded the motion. Because if they don't --~ the ap licant can't attend th ' . p e meeting to present this to us, then !don't see any reason for us to o throu ' g gh it again. Anderson: I would suggest that the motion shout d be then, to maybe table ~t. We close the public hearin ,but to den the a ' g y pp[~cant, we don't know if this reason why he's not here; maybe his famil was sick a Y nd he had to take someone to the hospital for all we know, You're assumin s ' without eve g omeone s guilty n knowing what the circumstances are. I know thi ' s app[~catEOn has been in our packets for quite awhile and it's been postponed severs[ Mmes, so whether they were even notified the were on the } . Y agenda tonight. We don t know that ~nformatlon. !guess [would refer that ' . p the motion be wEthdrawn any we table ~t and instruct staff to contact the a licant and pp ask them to be here. deWeerd: !think that sounds ve fair. ry Bird: 1 agree with Ron. Vile have assed deals like t ' p his, and the app[~cant hash # come forward. We shouldn't be the desi n criteria when i g t gets to City Council. That should have been done deUlleerd: I'm not trying to desi n it, but without an ' g applicant here to respond is kind of hard to ask questions. McCandless: I will pull my second. Bird: You'!I pull your motion? deWeerd: l certainly would. Bird: Now I'll entertain a motion to table it. Meridian City Council ~"aeting April 4, Z~gO Page 49 dell~eerd: Mr. President, l would move . to - no, we've already closed the ublic hearing. I voted against the ublic hear' p p ing, by the way, Qkay. My first motion would be to re-open the public hearin . . g Anderson: Second. Bird: All in favor? deVlleerd: Can l do that since I voted ' against ~t anyway? Ckay. Bird: All in favor? M~TICN CARRIED: THREE AYES deVtileerd: Mr. President, I would like to mane that we continue the public hearin for the request for Conditional Use P ~ g ermit for an ex~stEng car dealershi b Fairview Mini Storage and re nest th p y q at staff notify the applicant of the next ublic hearing whECh would be A ril ~ 8~' and p p request his or her presence. Anderson: Second. Bird: Motion made and seconded to co .. nt~nue the public hearing for the Fairview M~nl Storage until 41~8IZOOO, An more ~ y d~scuss~on . If not, roll-calf vote. Ro11 call: deWeerd, a e; Anderson a • Y ye, McCandless, aye. MCTIQN CARRIED: THREE AYES, Item ~~. Public Hearin : AZ 99- g 0~0 Request for annexation and zonEn of X50.79 acres to R-4 b B g y ear Creek, LLC --east of Stoddard Road and south of overland : Bird: Okay, Item No. ~ ~, re nest for an • q vexation and zoning of ~ 54.79 acres to R- 4 by Bear Creek, LLC -- east of Stodd and Road and south of Overland. l will open the public hearing and staff comments first. Hawkins-Clark: Mr. President Council ' . ,the red outlined properfiy on the screen is the subject prope~y, Annexation re u q ested for R-4 would be a rezone from the County R-T to a City R-4. I think o ' y u re fam~l~ar with the location on Stoddard Road. ~f course, there's the ro e p p rty on the west, overland on the north. State Highway 69, Meridian Kuna here. Vi story to the south, the Kentuck Rid e County plat to the south of Vict y g ory Road. The recommendation ou had before you and we did not have a ~ y ny mod~ficat~ons to that. Nichols: Mr. President, 'ust a reminder ' J to the Council that this hearin was re- opened on the issue of the sewer g because of questions that were raised b Mr, Y