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HomeMy WebLinkAboutNovember 1, 2007 P&Z MinutesMeridian Planning 8 Zoning November 1, 2007 Page 52 of 98 agreement or that meeting when that was said., so I don't know if that was a closed door meeting or how that agreement was made at that time. But I guess I just wanted to reiterate the fact that -- that I think this would be a great addition to the City of Meridian and by giving it the approval -- I mean going through the process, at least we have got the opportunity to go to a vote if that's the way it happens and., as staff indicated., I think that we can all see which direction that would go. So, by pushing this forward at least you give us the opportunity for the landowners to speak and so I just wanted to make that point clear. If it's denied, obviously, the landowners don't get what they desire to do and we have no options. So, I just wanted to reiterate that point and thank you guys for your consideration. Rohm: Thank you very much. Any questions? My turn. I think we made a mistake in 2005 or whenever it was considered originally and I think it should have been part of the area of impact even back then and I'm proud to be part of this Commission where it's now before us and I'm in full support of this being part of our area of impact and I also think that the city of Eagle was not responsive to the owner of record's desires at the time that they included it in their area of impact and should not have done so. That's my opinion. So, that's where I'm at on this. Thank you. Any last discussion before we continue this to the end of the meeting? At this time I'd like to propose there be a motion to continue CPA 07-010 and CPA 07-015 to the end of the regularly scheduled meeting for further deliberations. O'Brien: So moved. Moe: So moved. Siddoway: Second. Rohm: It's been moved and seconded to continue item CPA 07-010 and CPA 07-015 to the end of the meeting for further action. All those in favor say aye. Opposed same sign? Motion carried. MOTLON CARRIED: FOUR AYES. ONE ABSENT. Item 9: Public Hearing: CPA 07-012 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Low Density Residential to Commercial for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC -NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, .Block 2, Strada Bellissima No. 1 Subdivision): Item 10: Public Hearing: RZ 07-013 Request for a Rezone of 1.76 acres from L- O to C-N zone for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC -NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): Meridian Planning & Zoning November 1, 2007 Page 53 of 98 Rohm: Thank you, folks. At this time I'd like to open the public hearings on CPA 07- 012 and RZ 07-013 and begin with the staff report. Hood: Thank you, Mr. Chair, Members of the Commission. The next two items on your agenda are a little bit different than the ones you have had before you to start off this evening. There is a development application associated with your Comprehensive Plan amendment for the Strada Bellissima commercial project. It is a 1.78 acre site. As you can see on the screen there are three parcels currently. They are going through the platting and lot line adjustment process and will be reducing that down from the current three parcels. One of those was an outparcel that was brought in to the city after the bigger Strada Bellissima was approved.. Sometime after the fact they acquired this outparcel and that was later annexed into the city. Two with the L-O zoning and I'll talk about that in just one second. It is located on the north side of Victory Road., just west of Meridian Road, and it is currently zoned L-O and designated low density residential on the Comprehensive Plan future land use map. To the north are -- and this aerial is a little bit old. There are some homes today here on Strada, but those are single family lots up to here and., then, these ones are -- are office lots. There are some offices that are currently under construction, I think probably a couple were even operating right now within there, but that's -- and, then, on the other side is your Double D and Victory Greens Nursery. To the south is vacant right now. There are some homes and when you get to Kentucky Ridge Subdivision and, again, you have got Strada Bellissima to the west of this site. Back to the applications. There is a Comprehensive Plan amendment to amend the future land use map from low density residential to commercial and rezone to rezone the property again from L-O to C-N. The intent of this application is to not only change the future land use map designation, but to obtain the zoning district, so that a restaurant and other retail users may be constructed on that site. As I mentioned before, the Strada Bellissima project was originally annexed in 2004 and the City Council approved the annexation of 44 acres. Was the original area to R-4 for a majority of it? There are 90 lots in that subdivision. And, then, 14 office lots zoned L-O. Those 14 office lots were approved under that previous provision that we had in our development ordinance allowing the 20 -- up to the 20 percent use exception. Just to note on the subject application, the applicant is not requesting, nor has any direct lot access been approved before for this particular area. You can see they have street frontage on two public streets -- actually, three public streets on three sides. So, they aren't asking for any additional access points to Victory Road.. Staff is supportive of the applicant's request. The justification for this change in zoning and future land use map is based on the -- the minimal step that is being requested. L-O to C-N is the next less intense commercial district that the city has. The main reason for it is restaurants aren't allowed in the L-0 zone. Retail would be principally permitted in either zone. There is quite an extensive -- I should mention that I'm presenting this tonight for Bill Parsons, who is out of the office, but Bill did a pretty good job in the staff report of analyzing the differences in land uses between the L-O zone and the C-N zone and which ones are principally permitted in each and which one would be conditionally allowed or prohibited in each. So, kind of after he did that exercise he decided that he does think that this is appropriate. As a side note, if that restaurant were to have a Meridian Planning & Zoning November 1, 2007 Page 54 of 98 drive-thru say, it would require a Conditional Use Permit just because of the proximity to these residential uses around it. So, it could be a sitdown restaurant, but if they have a drive-thru or other -- there are some other things in the our zoning ordinance that if they are, in fact, present would require a CU or it would be prohibited on this site. Again, just due to the nature of the location to the existing residential properties around it. Again, staff is supportive -- supportive of both the Comprehensive Plan amendment and the rezone to C-N for this property and I will stand for any questions you may have. Rohm: Thank you, Caleb. Any questions of staff? Siddoway: Just one, Mr. Chairman. Caleb., so the southern-most lot does not have direct access to Victory; is that correct? Hood: Correct. Siddoway: So, they are required to take access from the cross-access agreement? Hood: Yes, sir. Siddoway: That's all I have right now. Thanks. Rohm: Okay. Moe: Mr. Chairman, just one real quick question. I would assume that notice to the neighbors was given as per all requirements? Hood: I will defer that to the clerk, but I believe so. I don't know -- I wouldn't have been -- Hill: Mr. Chair, Members of the Commission, yes. Moe: Thank you very much. Rohm: Would the applicant like to come forward, please. Crawford: Good evening, Mr. Chairman, Members of the Commission. My name is Michael Crawford with Pinnacle Engineers representing the property owners. 12552 West Executive Drive in Boise. We have read through the staff report and are in concurrence with it. It looks good to us. I'd stand for questions. Moe: Mr. Chairman? Rohm: Commissioner Moe. Moe: What kind of restaurant? Meridian Planning & Zoning November 1, 2007 Page 55 of 98 Crawford: We have no current clients in line. We just were wanting to be able to offer that as a possible marketing tool for those lots. Moe: Okay. Crawford: We are developing the ones directly along Meridian Road first and looking for clients. Moe: I'm just curious, because I will just go on record this evening, that I would definitely not support any drive-thru restaurant in that location. Crawford: We understand the restriction on that. Moe: Thank you. Crawford: There may be a little bit of misunderstanding there. The third lot in the lower section there was an outparcel that was owned by a different firm that didn't want to sell at the time. We have purchased it since and it will actually become two lots in total. So, that third lot is actually going to be incorporated into the two. That's where the property adjustments were currently going through also. Rohm: I, actually, think that that's a great location for something like that. That whole area is very attractive. Commissioner Siddoway, did you have some comments? Siddoway: I do. I have -- I'm not against it necessarily, but I do have some concerns about potentially putting some more intense uses, you know, closer to the -- the homes that are going to be located on these sides of it. Restaurant uses can be higher traffic than the types of office uses that are going in there. So, those are -- that said, I'm glad to see that the proposed zone is C-N and not C-C or C-G, because that does limit the intensity of commercial use, so -- Crawford: As I said, we currently do not have a customer looking at it, but it would just be able to open up those possibilities for a small retail, mom and pop shop., something like that, close to the subdivision. Siddoway: Yeah. Well, I can envision a small restaurant of some type working, but would not favor adrive-thru either, so -- Crawford: Understood.. Siddoway: Okay. Rohm: Thank you, sir. There is not anybody that has signed up to testify to this application, but if there is anyone that would like to come forward and offer testimony, now is that time. Seeing none, Commissioner Moe, do you have any final comments? Meridian Planning & Zoning November 1, 2007 Page 56 of 98 Moe: Well, actually, yes, I do. When I first started to review this Iwas -- I was not much in favor of it at all, quite frankly, based upon the staff report in regard to restaurants and whatnot. I'm actually feeling much better about that now and., quite frankly, other properties near this subdivision have had lots of discussion with the neighbors over the last couple years on the -- and with no one in the audience here that is having any problem with this, I find that the neighborhood evidently must be in favor of it as well, so, therefore, I have no problem with it. Rohm: Commissioner Siddoway. Siddoway: Nothing further to add. Rohm: Commissioner O'Brien. O'Brien: I think it's a good use. I agree with the change. Right next to it on the corner there is already existing -- I think it's a dental office or some other offices that are there and I think this is a good mix for that, especially if it's a small restaurant. I mean being businesses nearby that would be able to utilize that facility. I'm in agreement with it. Rohm: Good. Thank you. As I am. End of comment. Could I get a motion to continue these two items? O'Brien; So moved. Siddoway: Second. Rohm: I think we need to actually list them, so I'll -- could we get a motion to continue Items CPA 07-012 and RZ 07-013 to the end of the regularly scheduled meeting of the - O'Brien: Mr. Chairman, I move to -- make a motion to continue to the end of the agenda CPA 07-012 and RZ 07-01. Siddoway: Second. Rohm: It's been moved and seconded to continue CPA 07-012 and RZ 07-013 to the end of our regularly scheduled meeting for further action. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 11: Public Hearing: CPA 07-011 Request fora Comprehensive Plan Amendment to modify the Future Land Use Map to change the land use designation on 38.7 acres from Medium Density Residential to Mixed Use Community to include Office /Retail, Private School and Patio Homes for Meridian Planning & Zoning November 1, 2007 Page 86 of 98 take action on Items 7 and 8? Those are the ones that are currently open. Moe: Yes. Mr. Chairman, I move to recommend approval to City Council of file number CPA 07-010 and denial of CPA 07-015 as presented during the hearing of November 1st, 2007. Siddoway: Got to get them one at a time or -- do we need them one at a time? Hood.: Mr. Chair, maker of the motion, I'd prefer that you do them one at a time, because we may have people voting different ways on the different applications is the only concern that I have. Moe: I just read it. In that case, Mr. Chairman, let me amend my motion to move to recommend approval of City Council of file number CPA 07-010 as presented during the hearing of November 1st, 2007. O'Brien: Second. Rohm: It's been moved and seconded to forward onto City Council recommending approval of CPA 07-010. All those in favor say aye. Opposed same sign? Siddoway: Aye. Rohm: Motion carried. Oh, excuse me, there is one dissenter. Still pass. MOTION CARRIED: THREE AYES. ONE NAY. ONE ABSENT. Moe: Mr. Chairman? Yes. Mr. Chairman? I move to recommend denial of CPA 07- 015during the hearing date of November 1st, 2007. O'Brien: Second. Rohm: It been moved and seconded to recommend denial of CPA 07-015. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Hood: So, just to kind of help you out, Item 10, there is -- the applicant's still here for Item No. 10 and the applicants are still here for 12, 13 and 14. Rohm: Nine and ten now? Hood: Nine and ten. Item 9: Public Hearing.: CPA 07-012 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use Meridian Planning 8 Zoning November 1, 2007 Page 87 of 98 designation from Low Density Residential to Commercial for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC -NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, 61ock 2, Strada Bellissima No. 1 Subdivision): Item 10: Public Hearing: RZ 07-013 Request for a Rezone of 1.76 acres from L- O to C-N zone for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC -NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (.Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): Rohm: At this time I'd like to reopen the Public Hearing on CPA 07-012 and RZ 07-013 for continued deliberation and a motion. Moe: So moved. Siddoway: Second. Rohm: All those in favor say aye. Opposed same sign? MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: We are reopened, so -- Siddoway: Mr. Chairman, after considering all staff, application, and public testimony, move to recommend approval of -- let's see. CPA 07-012, changing the -- well, it's already in the staff report this way, but to reaffirm that we are changing the requested C- Cdesignation to C-N per the staff report. And as prepared for the hearing date of November 1st, 2007. End of motion. Moe: Second.. Rohm: It's been moved and seconded to forward onto City Council recommending approval CPA 07-012 to include the afore-mentioned modification. All those in favor say aye. Siddoway: I believe I said C-N. Did I say C-N? So, the Comp Plan amendment is mixed use neighborhood. C-N is the zone, so -- Moe: Mixed use neighborhood. Siddoway: For clarification, the -- it's still in conformance with the staff report, but it's for the mixed use neighborhood designation on the Comp Plan amendment, so -- Moe: Okay. Meridian Planning 8 Zoning November 1, 2007 Page 88 of 98 Hood: And just for clarification, we didn't really talk about that in the staffs presentation, so that would be something that's different. Mixed use community was something that we did -- that's what the applicant proposed and what staff was recommending approval of. Siddoway: Sorry, say that again. Hood: Mixed use community for the Comp Plan designation. Siddoway: You weren't changing that? Hood: No. Siddoway: You were just changing the -- Hood: The C-N zoning. Correct. And that wasn't even a change. That's what they asked for was the C-N zone. Siddoway: What am I thinking of? Hood: There is another one where we -- Siddoway: I'm sorry. It's late. Rohm: Want to start over? Siddoway: Let me start over. Rohm: Okay. Siddoway: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number CPA 07-012, as presented in the staff report for the hearing date of November 1st, 2007. Moe: Second. Rohm: It's been moved and seconded to recommend approval to the City Council of CPA 07-012. All those in favor say aye. Opposed same sign? MOTION CARRFED: FOUR AYES. ONE ABSENT. Siddoway: Mr. Chairman? Rohm: Commissioner Siddoway.