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HomeMy WebLinkAboutMinutes• Meridian Planning & Zoning September 15, 2005 Page 46 of 57 Item 19: Public Hearing: RZ 05-018 Request for a Rezone of 71.24 acres from I-L to C-G zone for Crossroads Shopping Center, Presidential Subdivision and Reagan Subdivision by the City of Meridian - southeast corner of Eagle Road and Fairview Avenue: Zaremba: I will open the Public Hearing for RZ 05-018 regarding Crossroads shopping center for a rezone and we will begin with the staff report. Wilson: Thank you, Mr. Chairman, Members of the Commission. The application before you is an application by the City of Meridian to rezone 71.24 acres on the southeast corner of Fairview and Eagle Roads from an I-L, a light industrial zone, to a C-G, general service and retail commercial. The site -- the proposed boundaries of the rezone consists of Presidential Subdivision and, then, what is known as Crossroads shopping center, which is an un-platted parcel. It still has a -- it's just a -- it's not a lot in the recorded subdivision, it's a parcel. Within Presidential Subdivision it has been re- divided as Reagan Subdivision. This includes that as well. The adjacent roadways are Pine Avenue on the south, Eagle Road on the west, Fairview on the north, and, then, Records Avenue on the east. And, then, the entire parcel is adjacent to this Crossroads residential subdivision that is zoned -- zoned R-4, Crossroads Subdivision is. A little bit of background on this piece of property. It actually goes back to the '80s. The development on here was originally developed as what was called a planned general development, a provision that does not exist in Meridian city code anymore. What it was was a mix of industrial and commercial uses. Since that time the nature of this area has changed and as you are probably well aware, as part of that planned development -- it's similar to a planned development that we have now, as there are uses that are specified and, then, specifically disallowed. As part of the I-L zoning it did allow commercial uses and some industrial uses. As you're probably well aware, it has -- the east side of Eagle has developed almost -- well, exclusively in a commercial nature. The shopping center. We are starting to see some new activity in terms of restaurants on this portion of the property. The planned general development also included portions west of Eagle Road. Those have developed more in an industrial nature. You have the Food Services of America, another food -- another -- I think it's Tri-City Meats. And you have some other industrial uses in there. And, then, you have the commercial on the corner of Eagle and Fairview, that, once again, developed under that provision in that planned development that would allow some commercial uses. The City of Meridian has applied to rezone this land, to bring it more in line with the development that has happened on it. The property is almost completely developed. There are some properties here in Presidential that are still vacant. But the city would like to bring the zoning in line with the present and anticipated uses. The 2002 Comprehensive Plan future land use map does show this as commercial, not industrial, and the city would like to bring the zoning in line with that. I will say we received one call -- if you recall, this winter a hotel company did propose to put a hotel on a piece of property against Crossroads Subdivision. It was actually several of these properties here. I did receive a call from somebody that lives in Crossroads that was directly adjacent to that, concerned that with this rezone to C-G now that that would be an Meridian Planning & Zoning • • September 15, 2005 Page 47 of 57 allowed use. The Conditional Use Permit that you as a Commission recommended denial on, would, then, be a permitted use and would be built. The new Unified Development Code that takes effect today does have specific use standards for hotels and one of those is that if the hotel property adjoins a residential property, it is still a conditional use. So, to allay those concerns, if they came in with the same proposal -- and it's my understanding that that hotel has since been moved elsewhere. They decided to try some place that would work a little bit better. But say another one came in and it would be a conditional use, just like it was before, and the public and the Commission would have an opportunity to review that. With that, I think I'll stand for any questions. Zaremba: Thank you. Commissioners, any questions? Moe: No, sir. Zaremba: Okay. Is the applicant here? Care to add anything? If you would step to the microphone and identify yourself. Simons: I'm Andy Simons with EP Crossings, LLC, and ABC-2, LLC. I'm not the applicant, but I'm one of the owners. Zaremba: I appreciate that correction. You're correct. Simons: We have owned the 11 acres, which is the Presidential Subdivision that -- I'd call it the southwest corner there on Pine and Eagle. We support the staff's recommendations here and would like to see you guys approve this and I'll stand for any questions if you have any. Rohm: No questions. Zaremba: No questions. Thank you. We do not have any anybody signed up to speak, but would any of the people who are here care to comment on this? In that case, I don't believe we need any rebuttal or anything like that. Commissioners? Rohm: Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move we close the Public Hearing on RZ 05-018. Borup: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Meridian Planning & Zoning • September 15, 2005 Page 48 of 57 Rohm: Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we forward onto City Council recommending approval of RZ 05-018, to include all staff comments for the hearing date of September 15th and with the staff report dated received September 12th. End of motion. Borup: Second. Zaremba: We have a motion and second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 20: Public Hearing: CUP 05-043 Request for Conditional Use Permit for a private medical practice in a L-O zone for Wigod Medical Practice by ZGA Architects & Planners -East Louise Drive in Meadow Lake Village Subdivision: Zaremba: Thank you for sitting through all of the other testimony to get to this. We are now ready for Item 20 on our agenda. I will open the Public Hearing for CUP 05-043, request for a Conditional Use Permit for Wigod Medical Practice and we will begin with the staff report. Guenther: Thank you, Mr. Chairman, Members of the Commission. I'm going to be fairly brief with this one, as this is a small part of a larger development that has already been approved for medical uses. The site is located immediately across across-access road for -- from the project we saw earlier this year, which was the OB-GYN Center, another medical use. The only change of significance on the site -- and I have talked to the applicant and it should be anon-issue, they can address this in the CZC, is that the landscape plan will not be approved as shown, because this landscape plan is just undersized and so this will have to be relocated and, then, moved up just slightly and, then, the tree planters must comply with park standards. Other than that, this application does have some parking requirements that are a little bit different due to the UDC and the old code being slightly different. However, through the application of the CZC those will be non-issue again. So, staff has recommended approval as designed with just a couple of minor modifications. I'll stand for questions. Zaremba: Commissioners, any questions? Okay. Thank you. Would the applicant care to come forward? Thank you also for waiting through all of the other testimony on the other issue. Turney: Thank you, Mr. Chair and Commissioners. And thank you for your consideration. My name is Steve Turney. I live at 4096 East Driftwood Drive, Meridian, • Meridian City Council October 11, 2005 Page 38 of 42 Wardle: Second. De Weerd: Motion to approve Item 12. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Public Hearing: RZ 05-018 Request for a Rezone of 71.24 acres from I-L to C-G zone for Crossroads Shopping Center, Presidential Subdivision and Reagan Subdivision by the City of Meridian - southeast corner of Eagle Road and Fairview Avenue: De Weerd: Thank you. Item 13 is Public Hearing RZ 05-018. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is astaff-initiated rezone of the Crossroads property. It's the area highlighted here along Fairview and Eagle down to Pine Street. Portions of it have been -- are un-platted and others have been platted as Presidential and/or Reagan Subdivisions. I'm not going to go into great detail, because I think most of you know the history of this. It's currently zoned I-L, even though it's approved for a number of uses and the primary built out use has been commercial. So, at the direction of Council, staff has initiated this rezone to C-G. The Planning and Zoning Commission did recommend approval at their September 15th hearing. Andy Simons testified in favor of the application. No one testified in opposition and no one commented. There was no key issues of discussion and to our knowledge there are no outstanding issues before Council. De Weerd: And this is staff initiated? Canning: Yes. De Weerd: Okay. Any questions for staff? Bird: I have none, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: This has been on our books as I-L for a number of years. And I agree with what we are doing, but it concerns me somewhat as we look at our inventory of I-L and conversion of it to C-G, we have had some kind of a distorted percentage, because this is a fairly good size piece of property that's now coming off the books. So, have you taken a look at where we are with our inventory of I-L property and are we getting out of Meridian City Council October 11, 2005 Page 39 of 42 balance and should we start looking at that with the loss of this amount of property on record, anyway? De Weerd: In your wisdom you funded a study for this year. Rountree: I understand that. But I mean you're reporting this stuff with this in the data base as I-L. Canning: This was one of the reasons this property, in general, including the property across the street, and over here, that prompted that, because we did recognize that a lot of the stuff that's zoned I-L is not being used for it and when we develop that study, which is listed as our third priority, so it may take us a little while to get there. But when we develop that, we will work with the -- whoever is undertaking that study, so that they understand that just because it's shown I-L on our map doesn't mean that that's industrial property. So, we will work with them to identify the truly industrial property versus those that are similar to this. Rountree: Madam Mayor, follow up. Any future computations as it relates to I-L and I-L inventory in the city will reflect these properties coming out of the inventory, so we are looking at percentages, if you're just doing quick and easy math, you will quick and easily not consider these -- Canning: Yes, sir. And -- Rountree: -- until the study is done and, then, we will have it -- Canning: Right. And once this one is cleaned up, really, the only -- the remaining one tends to -- is right across the street, for the most part, and that was more hopscotch, though. It wasn't -- it wasn't as easy a rezone to do, but one of our future tasks, I would imagine, would be that we get that area cleaned up as well in some fashion, but -- Rountree: Thank you. Madam Mayor, if there is no further discussion, I would move that we approve Item 13. Bird: Second. De Weerd: We still have an open Public Hearing. Rountree: Is it still open? Then, I will move that we close the Public Hearing. Bird: Second that. De Weerd: Well, I would first like to ask if there is anyone who would like to provide testimony. Bird: Well, these kids would like to provide testimony; right? Come forward. • • Meridian City Council October 11, 2005 Page 40 of 42 De Weerd Okay. I don't see anyone -- Rountree: Seeing no further discussion, I move we close the Public Hearing for Item 13. Bird: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Madam Mayor, I move that we approve Item 13. Bird: Second. De Weerd: Okay. Motion to approve Item 13. Mr. Berg, will you call roll. Berg: Thank you, Madam Mayor, Members of the Council. I'm sure this includes the Findings that we have prepared for us. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Ordinance No. 05-1188 Distribution of Pseudoephedrine Products (2" .Reading): De Weerd: Okay. Item 14 is Ordinance No. 05-1188. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1188, an ordinance enacting a new Meridian City Code, Title 6, Chapter 3, Section 11, to set limits on the over-the-counter distribution of certain Pseudoephedrine products, providing a penalty, providing a savings clause, and providing an effective date. De Weerd: Okay. This is the second reading of this ordinance. We will have a third reading on our next agenda item next week, so I do not need any Council action at this time. Nary: No. Item 15: Ordinance No. I 05-1189 AZ 05-012 Request for Annexation and Zoning of 6.34 acres from RUT to R-4 zone for EI Gato Subdivision by C2B Development, LLC - 701 Black Cat Road: Meridian City Council ~ • November 15, 2005 Page 62 of 65 the northwest quarter of the southeast quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate city limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for waiving of the reading of the rules and providing an effective date. De Weerd: Thank you for that speed-reading. You have heard the ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 13 with suspension of rules. Bird: Second. De Weerd: Okay. Motion to approve Item 13. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 14: Ordinance No. 05-1200 AZ 05-034 Request for Annexation and Zoning of 7.89 acres from RUT to R-8 zone for Cavmus Cove Subdivision by Landmark Engineering and Planning, Inc. - 2745 McMillan Road: Item 15: Ordinance No. 05-1201 RZ 05-018 Request for a Rezone of 71.24 acres from I-L to C-G zone for Crossroads Shopping Center, Presidential Subdivision and Reagan Subdivision by the City of Meridian -southeast corner of Eagle Road and Fairview Avenue: De Weerd: Thank you. Items 14 and 15, if you will, please, read those two ordinances by title only, I would appreciate it. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1200, an Ordinance for annexation of property located in the northeast quarter of the northwest quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate city limits of the City Meridian City Council ~ • November 15, 2005 Page 63 of 65 of Meridian as requested by the City of Meridian, establishing and determining the land use classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance No. 05-1201, an Ordinance for rezone of zoning classification for real property located in the northwest quarter of Section 9, Township 3 North, Range 1 East, Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from I-L to C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. You have heard these two ordinances read by title only. And seeing that no one wants to hear it read in its entirety, I would entertain a motion to approve Items 14 and 15. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinances 05-1200 and 05-1201, with suspension of rules. Rountree: Second. De Weerd: Okay. The motion is to approve Items 14 and 15 with suspension of rules. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 16: Tabled from November 9, 2005: Ordinance No. 05-1202 Transferring City Parking Lot to the Meridian Development Corporation: De Weerd: Thank you. Okay. Item 16. Bird: Madam Mayor? De Weerd: Mr. Bird.