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HomeMy WebLinkAboutJanuary 17, 2008 P&Z MinutesMeridian Planning 8 Zoning January 17, 2008 Page 3 of 39 Moe: Next item. on the agenda is Item No. 4, which is the CUP 07-022 for the Meridian Eye Care Center and we will continue the hearing for the sole purpose to, again, continue it to the regularly scheduled meeting of February the 7th, 2008. Could I get a motion to do so? Newton-Huckabay: Mr. Chair? Moe: Yes. Newton-Huckabay: I move we continue CUP 07-022 to the regularly scheduled meeting of February 7th, 2008.. Rohm: Second.. Moe: It has been moved and seconded to continue the Public Hearing for CUP 07-022 for the Meridian Eye Care Center to the regularly scheduled meeting of February the 7th, 2008. All those in favor say aye.. Opposed same sign? That motion carries. MOTION CARRIED: ALL AYES. Moe: We are getting close to starting now, how is that? But before we do so, just a couple things. I don't know if there is anyone out here in the audience that this might be their -- their first meeting of the Planning and Zoning Commission and whatnot. Just to kind of give you an overview of what will happen, I will open the Public Hearing and the staff will give an overview of the project. After that is done, then, the applicant will come up and they will have five -- or, excuse me, ten minutes to review the project with the Commission, basically, to discuss anything that was in the staff report, whether they approve or have other changes to that. At which time, then., we will allow the folks that had signed up -- in the back of the room there are sign-up sheets and you would get three minutes to come explain your point of view. If, in fact, you do have comment and you have not signed up, once all the names have been read off the list, I will ask if there is anyone else that would like to speak and you also will get your time to speak. At which time after that is done and everyone has spoken here, we will ask the applicant to come back and rebut anything that's been said by the other folks that spoke, at which time, then, we will close the Public Hearing and vote on an acfion for that. Item 5: Public Hearing: RZ 07-021 Request for a Rezone of 27.89 acres from R- 4 to C-N (2.75 acres) and L-O (25.14 acres) for the property located on the southeast corner of North Locust Grove Road and East Leigh Field Drive for Education Campus Commercial by Joint School District No. 2 - southeast corner of North Locust Grove Road and East Leigh Field Drive: Meridian Planning 8~ Zoning January 17, 2008 Page 4 of 39 Item 6: Public Hearing: PP 07-025 Request for Preliminary Plat approval of 7 commercial building lots on 25.87 acres in proposed L-O and C-N zones for Education Campus Commercial by Joint School District No. 2 - southeast corner of North Locust Grove Road and East Leigh Field Drive: Moe: So, having said that, I would now like to open the Public Hearing on RZ 07-021 for the Educational Campus Commercial and have the staff report, please. Wafters: Mr. Chairman, Members of the Commission -- excuse me. Could you also open up -- Moe: I will open also PP 07-025. Wafters: Thank you. Moe: Thank you. Wafters: The applications before you are a rezone and preliminary plat request for Education Campus Commercial. The subject property consists of 25.87 acres and is currently zoned R-4, medium density -- excuse me -- medium low density residential. The property is located on the southeast corner of North Locust Grove Road and East Leigh Field Drive, approximately a half mile north of East Ustick Road. The property is bordered on the north by single family residences, zoned R-1 in Ada County. On the east by single family residences and Joint School District property zoned R-4. On the south by single family residential zoned R-4. And on the west by commercial property consisting of office commercial uses, zoned C-N and L-O. And a rural residential property, zoned RUT in Ada County. And there are two existing charter high schools and an alternative school on the southern portion of the site. You can see here on the aerial view. And an area leased by the fire department for use as a fire safety teaching facility on the eastern portion of the site. The rest of the property consists vacant land. This property was previously annexed by the Joint School District in 1999 with a development agreement. A provision of the development agreement restricts uses on the site to school education uses only. I# commercial uses are proposed in the future, the applicant will need to apply for a modification to the development agreement to allow commercial uses on the site, along with education uses. The applicant is requesting a rezone of 25.14 acres from R-4 to L-O, limited office, and 2.75 acres from R-4 to C-N, neighborhood commercial. The Comprehensive Plan future land use map designation for this property is public/quasi-public. Staff believes that the proposed L-O and C-N zoning is appropriate and complies with the public/quasi-public use designation for the following reasons: One, a large portion of the site, 20 or so acres, is utilized by the school district and only a small portion, six or so acres, may be sold off and redeveloped commercially. The primary use of the properties is an education campus, complies with the public/quasi-public land use designation. Two, education institutions are a principal permitted use in the proposed L-O and C-N zoning districts. Three. The Meridian Planning & Zoning January 17, 2008 Page 5 of 39 property is located on Locust Grove Road, an arterial street, at the half mile, which is, generally, a good location for commercial businesses. And, four, light office commercial uses would be compatible with the existing education campus and commercial office uses across the street on the west side of Locust Grove. A preliminary plat is also requested for approval of one neighborhood commercial zoned building lot on the corner of Locust Grove and Leigh Field here. And six office zoned building lots for the remainder of the property. The proposed plat is a re-subdivision of Lots 1 and 2, Block 1, of Education Campus Subdivision approved in 2002. The proposed plat complies with the dimensional standards of both the L-O and C-N zones. The applicant has submitted a landscape plan with this application. The landscaping shown on the plan was installed on the site with the previous plat. A 25 foot wide buffer is provided along Locust Grove and a ten foot wide buffer is provided along Leigh Field as acquired. Actually, it exceeds ten feet, but the ten feet is the minimum requirement. However, a small portion of the buffer is missing along Leigh Field south of the fire department teaching facility in this area here, that the applicant has agreed to install. A 20 foot wide buffer between land uses is required and has been installed along the south and east property boundaries. You can't see it on this plan here, but there is also an existing fence along the south and east property boundaries adjacent to the residences. No new fencing is proposed or required with this application. Access to the site is currently provided from a driveway connection to North Locust Grove Road and East Leigh Field Drive public street. To enhance the safety of the development for addressing purposes, staff is requesting that the current driveway to Locust Grove be converted to a private street, connecting to Leigh Field Drive in either its current or future location. The applicant should submit a private street application to the planning department for staff level approval prior to or concurrent with the final plat application. The applicant submitted a letter in response to the staff report requesting that Public Works condition of approval 2.3 and 2.6 in Exhibit B be stricken. Public Works staff is in agreement to this request if the Commission could., please, include that in their motion. Again, that's condition of approval 2.3 and 2.6 in Exhibit B. Staff recommends approval of the rezone and preliminary plat application with the conditions stated in Exhibit B, based on findings in Exhibit D of the staff report. Staff will stand for any questions the Commission may have at this time. Moe: Thank you very much. Any questions? O'Brien.: What page is that 2.3, 2.6 on? Watters: Chairman Moe, Commissioners, Commissioner O'Brien, it is on -- there is not a page number on it. It's in Exhibit 6. Rohm: I think it's 18. Moe.: Okay. Thank you. Meridian Planning & Zoning January 17, 2008 Page 6 of 39 Wafters: It's under item number two, Public Works Department. Moe: Any other questions? Newton-Huckabay: I have none. Moe: Okay. Thank you. Would the applicant like to come forward, please. And, please, state your name and address, please. Stiles: Sheri Stiles, Engineering Solutions, 1029 East Rosario in -- or North Rosario in Meridian.. Sonya did an excellent job outlining the project for you. I really don't have anything to add.. Since this is surplus property for the school district, given these entitlements will allow them to sell it and get some more tax revenues for the city. So, will stand for any questions that you have. Moe: Okay. Any questions? O'Brien: Excuse me. Do I understand, then, that the building lots that we are going to rezone are only limited to educational uses, so no light office or anything beyond there, is that -- Stiles: Chairman Moe, Commissioners, Commissioner O'Brien, there will be a request for a development agreement modification, which will simply request a change of that wording that they be limited only to educational facilities to allow some other uses. We have not submitted that application yet, but that is forthcoming. O'Brien: Thank you. That's all I have. Moe: Any other questions from the Commission? Thank you very much. Stiles: Thank you. Moe: We have one person signed up, John Courtwright. Would you like to come forward? You have to come up to the mike. State your name and address. Courtwright: John Courtwright. 1888 East Summer Ridge Drive, Meridian. Which is right on the south boundary. My back fence goes up against that. If I may -- Moe: You need to stay with the microphone, please. Courtwright: I need to stay with the microphone. Okay. Moe: There should be a pointer right there. Meridian Planning 8~ Zoning January 17, 2008 Page 7 of 39 Courtwright: Great. Okay. This photo does not show the alternative school that has been put in here with the temporaries -- the temporary buildings. It looks as though this does -- and I'm assuming that that new development there -- and I am asking mainly questions. Is the -- those are the temporary buildings that were put in for the alternative school; is that correct? Right in there. I can't see the pointer. Moe: I'm not sure exactly what -- Nary: Yeah. They will come back and answer it. You can go ahead and ask your questions and., then, they will -- Courtwright: Okay. You probably know what I mean. Okay. Although it hasn't been specifically stated nor pointed out, I am assuming that the property in question is this that is east and north of the alternative school that was put in two years ago or whatever. Meaning here and here, because -- Nary: You have to be on the mike, sir. Courtwright: -- this is the alternative school. Nary: We have to have it on record. Courtwright: Okay. So, there is the alternative school and I'm assuming it looks like that, it doesn't look like that from where I live, which right there. But I'm assuming that this is the area in question. And that's one thing that I want to clarify is where, in fact, is this and will there be an extension or -- will Leigh Field continue like that. This is now a walkway, pathway, bikeway, whatever you want to call it. Will that be extended. And address the problem -- and I don't know if this is the forum for it or if the school district is, but since this was developed, landscaped, the school's sprinkling system has ruined our wood fence along there, because it continually saturates it and it's warped. I am probably going to have to replace that and I don't know if this is a city matter, a school matter, or a matter for the new development. I'm done. Moe: Thank you very much. Again, there is no one else signed up. Is there anyone else that would like to speak to this, come up now. Okay. There is no one, so would the applicant like to come back up. Bigham: Thank you, Mr. Chairman. Wendell Bigham, 911 -- 911 -- 1303 East Central Drive., Meridian, Idaho. Representing Joint School District No. 2. To try to briefly answer the questions that the patron brought up, the parcel of land here in question will remain. under school district ownership. This is probably the location -- okay. Up here in the corner -- where a new building would be constructed. The portable campus here, which we believe will remain successful, will be replaced at a future date with a permanent structure. The best point of reference I could give you would be Crossroads Meridian Planning 8 Zoning January 17, 2008 Page 8 of 39 Middle School that's on Nola Street, just south of Pine. Okay. That type of facility. Our intent would be that a new facility would be -- probably be constructed in this area. This street section, the .private drive, would continue on up to this juncture here to provide a through street and that when these portables go away, that this will probably remain as open grass area to support the athletic needs, PE needs, of the three different schools. Assuming we can come up with the money, we will put a new building in that area. So, the lots in question sale is this lot here, this one, and this one. And I believe that one. So, this will remain under the district's ownership. In terms of the fencing, when I'm through here I will give fhe gentleman my card. I will have our grounds department contact you. First I've heard of it. But something is definitely wrong if we are totally soaking your fence. So, we will deal with that. Did I answer the questions the gentleman had? Moe: That's what I have, yeah. Bigham: Stand for any questions, should you have them. Moe: Do you have any questions? Bigham: Thank you. Moe: Thank you very much. Newton-Huckabay: Mr. Chair? Moe.: Yes. Newton-Huckabay: There was a comment by Mr. Courtwright regarding whether the path would be extended or switched into a road. I don't see anything where the path will be anything but a path along the perimeter. Moe: Yeah. Over on the one side. Right. Newton-Huckabay: Okay. Moe: All right. Well, there has been testimony and the applicant's responded back, so can I get a motion? Newton-Huckabay: Mr. Chair? Moe: Yes. Newton-Huckabay: I recommend we close the Public Hearing on RZ 07-021 and PP 07-025. Meridian Planning 8 Zoning January 17, 2008 Page 9 of 39 Rohm: I'll second that motion. Moe: Thank you very much. It has been moved and seconded to close the Public Hearing on RZ 07-021 and PP 07-025. All those in favor say aye. Opposed same sign? That motion carries. MOTION CARRIED: ALL AYES. Newton-Huckabay: I'il go ahead and -- Moe: In discussion, whoever does make the motion, don't forget the other items within Public Works that were discussed. Newton-Huckabay: May we strike those in the motion just by number, without reading them? Okay. After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file numbers RZ 07-021 and PP 07-025 as presented in the staff report for the hearing date of January 17, 2008, with the following modifications: That the following -- the Public Works comments in Exhibit B, 2.3 and 2.6, be removed from the staff report. End of motion. O'Brien: Second. Moe: It has been moved and seconded to approve onto City Council RZ 07-021 and PP 07-025, with the modifications as noted.. All those in favor signify by saying aye. Opposed same sign? That motion carries. MOTION CARRIED: ALL AYES. Newton-Huckabay: Locust Grove is a popular street on this evening's agenda. Item 7: Public Hearing.: AZ 07-019 Request for Annexation and Zoning of 15.49 acres from RUT to L-O zone for Stake House by the Church of Jesus Christ of Latter Day Saints - 5555 N. Locust Grove Road: Moe: Okay. At this time I would like to open the Public Hearing on AZ 07-019 and start with staff report, please: Parsons: Thank you, Mr. Chairman, Members of the Commission. The application before you tonight is an annexation and zoning of 15.49 acres from RUT, Ada County, to limited office. The site is located on the west side of Locust Grove, approximately half a mile south of Chinden Boulevard. The property is bordered on the north by Madelynn Estates Subdivision, On the south by Tustin Subdivision. On the west is the Cardigan Bay Subdivision. And the east is Vienna Woods Subdivision, zoned R-4. All