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HomeMy WebLinkAboutApril 3, 2003Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 71 of 81 Centers: Sixteen including addition to community park in proposed R-8 zone for proposed Verona Sub by Primeland Development, LLP, at the northeast corner of West McMillan Road and North Ten Mile Road, including all staff comments. Zaremba: Second with enthusiasm. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES Centers: I think that's the first time I have seen a development this large where there were not a lot of additions, deletions, so it was -- you must have had a good neighborhood meeting and a good meeting with staff. McKay: We have no neighbors. Zaremba: And, besides, what neighbors there is she's in control of. Item 13. Public Hearing: CUP 03-009 Request for a Conditional Use Permit for the development of a rental /restaurant complex in a C-C zone for Hark's Corner by Van Hees Properties, LLC -southwest corner of West Franklin Road and South Linder Road: Borup: Okay. Are we ready to go home? Mr. Van Hees are you sure you want us to go ahead? Okay. Well, let's open the Public Hearing for -- I'd like to open the Public Hearing CUP 03-009, request for Conditional Use Permit for Development of a rental -- that s hould retail, I'm assuming --retail-restaurant complex i n a C-C zone for H ark's Corner by Van Hees Properties. I'd like to open this Public Hearing and start with the staff report. McKinnon: Thank you, Mr. Chairman, Members of the Commission. I'm going to speak from the -- standing up. After my less than eloquent presentation in the last project, I thought it would be appropriate to come up and try something different. Borup: You do that on the last one every time. McKinnon: Must be a habit. Hark's Corner. You may all be familiar with it. There is currently an Arctic Circle, Coffee Kiosk, a gas station, and a car wash. It's currently located approximately two-thirds of the site that we have in bold. The project that we are going to talk about tonight, if you could forward, Bruce, it's going to be on the west side. There you go. The car wash is located right here. You can just barely see the edge of the building. The Coffee Kiosk is located up where I'm highlighting right now on the right-hand side, the eastern portion of the property. Tonight we will be looking at a small taco drive-thru facility located adjacent to Franklin Road. It's very similar in location and size to the Coffee Kiosk that's located just to the east. We have a specialty retail-type store located in this location and somewhat of a small strip-type development Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 72 of 81 located in the very rear of the subdivision in the southwest corner. When we originally approved the Hark's Corner project we allowed a five foot landscape buffer along the southern edge of the property adjacent to the homeowner that's directly to the south of this project. In addition to the reduced buffer, there was a requirement for an eight-foot tall solid masonry fence and the applicant provided the eight-foot tall masonry fence and plans on continuing that fence the full length of the property. The full length of the property would be all the property that the neighbor has. They, essentially, end in the same location. It's asingle-family residence that's rural residential in nature. It's over an acre in size. It has some -- it looks like a loafing shed in the back of the property and some livestock that are shielded from view by the inclusion of the new fence. Within the staff report there is quite a bit of discussion conceming the landscape buffers and one of the land -- the major issue with the landscape buffer is the separation between land uses. The applicant is here tonight to discuss that and I believe the neighbor to the south is here to discuss tonight their views on the eight-foot fence and how that's been very appropriate as a buffer, rather than a 25 buffer between land uses. Additionally, there is a requirement for the landscape located on the eastern -- on the western edge, I'm sorry. The western edge of the property between the land uses and the applicant has requested that they not be required install all of the buffer at this time, because it's unknown as to how that will develop. On the Comprehensive Plan it's shown as going to -- help me out, Larry. That's mixed-use. That's correct and so we don't know what's going to be there and so he's requesting not have to do the full 25-foot buffer at this time, so that whatever use comes in here you will be able to provide the additional buffer. If a commercial use comes on the west side, they would be required to match the five-foot landscape buffer between parking. I'm going to jump over to Wendy's report and I had highlighted a couple of things to point out to you tonight. There are only three site-specific requirements that Wendy had listed. The first one has to deal with the landscaping and when you make your motion tonight, if you would -- if you are recommending approval of the reduced buffer for this with the fence, you have the ability to do that. Because this is being presented to you tonight as a planned development and in the Planned Development Ordinance, you-are allowed to reduce the buffers. It would not require a variance, necessarily, unless you feel that it necessitates a Variance. You may want to change the wording on the site-specific requirements, Page 4, Number 1. In addition to that, there is just the two comments concerning the setbacks that require them to meet the required setbacks of the water and sewer issues and Bruce can address those, but water and sewer is available to this site, as it is available to the other sites within this project. One thing I would point out that's not in the staff report and I have got Larry behind me, so he can hear it. In the original project, we required that they put deciduous trees out there and we had a landscape plan and instead of planting the trees on the Landscape Plan, they planted a lot of pine trees. You might remember, the pine trees that were there, they are now not there, and the other trees. The landscape plan that was submitted is approved as submitted, if you approve it tonight with the reduction of that and Larry will be on board to plant all those trees in accordance with his landscape plan this time. A special note to .that is in that five-foot buffer on the south side, if you approve that with the eight-foot fence, he shows that there are three trees within that buffer. When we went through the Variance for the rest of this property, they were able to remove the trees from that buffer Meridian Planning and Zoning Commission MeeBng April 3, 2003 Page 73 of 81 and if we approve that buffer with the eight-foot fence, those trees should remain, in the opinion of staff, rather than being removed. With that, I would ask if you have any questions of myself or Bruce and we can turn the time back over to you for your Public Hearing. Borup: Question from the Commissioners? Zaremba: I don't know if this is a question for you, but I will ask it and you can tell me where to take my question. McKinnon: Okay. Zaremba: In the ACHD report, they are referencing the first phase of this project and saying that, for instance, driveway out onto Franklin Road is approved as a right in, right out, left in only. Therefore, no left out and requiring a median be built in Linder and I think I have driven in and out of that property and made a left out, so the median must not be there. McKinnon: The m edian is not t here, having made that left turn m yself a n umber of times. There is a sign that says right turn only as you exit from the site. Borup: I haven't noticed that. McKinnon: There is. Prior to occupancy being allowed for those buildings, they were required to have a signoff from ACHD that what they had was in accordance with their approval, so they have met the requirements for that according to ACHD, because they do have occupancy of those buildings. Zaremba: Okay. They don't have to build the median in Linder. One of the other paragraphs s ays t hat the F ranklin d riveway closest t o L finder i s a Iso s upposed t o b e right in, right out. ACHD has signed off on it, then, we don't need to do anything about that? McKinnon: I don't know the specifics of why it wasn't constructed, but I do know that occupancy was given and ACHD did sign off on what was constructed out there. Zaremba: Okay. No problem. Those are my only questions. Borup: Okay. Anyone else? Thank you. Anything you want to add, Mr. Van Hees? Van Hees: Really, I don't have anything to add. I think all of you are aware of Hark's Corner and everything that's there and if you have any questions, I'd just be glad to answer them. Borup: Questions from the Commission so, it is your intention to bring that block wall on down? Meddian Planning and Zoning Commission Meeting April 3, 2003 Page 74 of 81 Van Hees: Yes. That was an agreement that I made with Mr. Rohn, he's here, and we have worked very well together. We've tried to do everything that, really, he's requested and to make it work and he's very pleased with that eight-foot concrete fence and we just told him we'd take it all the way to the end and that's his choice. Centers: And that's kind of in lieu of the extended landscape buffer, which I tend to agree with. I think that fence is a lot more valuable than a few trees. Van Hees: Well, Ithink -- I really appreciated Keith's comment tonight about the distance and the sound. It doesn't help a lot and when you're only 250 feet deep to start with and putting the buffer up at Franklin Road and if you put a 25 foot buffer in the back, you have lost 50 feet out of 250 feet and it really makes some serious problem for getting traffic and parking and everything else and it's really helped us immensely and it looks great and I think, you know, as far as anybody coming and looking and saying, hey, it would look better with a buffer, we have never had anybody tell us that. We are very pleased with the way it is. Centers: Well, you know why that ordinance is there, Larry. It's there when you are adjacent to a residence. Van Hees: And I understand that. Centers: If you were adjacent to other commercial, it would be different. Van Hees: Agree. Centers: So, you have a neighbor that was very agreeable, so -- I remember the first hearing a couple years ago and - Van Hees: Yeah. You guys were amazed that we could actually get somebody to support us there. Centers: Yeah. Right. Van Hees: We were, too, and we appreciate it. Borup: So, why doesn't the plan show that wall? Van Hees: Pardon? Borup: Why isn't it on the plan? Van Hees: I can't tell you that. I thought it was there. I told the architect to put it there. I told staff it was there. Everything knows it's there and it is there. Meridian Planning and Zoning Commission Meeting Aprll 3, 2003 Page 75 of 81 Borup: It is there. Van Hees: And it will be on the next plan when it comes through to City Council. Borup: Okay. Any other questions? Thank you. Do we have anyone else that would like to testify on this application? Come forward. Van Hees: One thing. The Baja Taco Restaurant that's up front, I just want you to know that the gentleman sitting back here in the back is Victor Clark and he's the man that's going to be operating that restaurant and if you would like to hear anything from him or you have any questions about the Baja Taco Restaurant, which is at the top on the left, he's the man. Borup: Samples would have helped Rohn: I just want to say that -- Borup: State your name.. Rohn: Oh. Tom Rohn. I want to say that whoever -- the guy that Larry got to build the wall did a fabulous job. I have seen the same material used other places in town and it looks awful. This guy did a fantastic job. It's nice and straight and its looks very pretty. I prefer the wall now that I'm there, because, like I say, the sound, it's better than landscaping. Landscaping would have been a joke. The other thing I want to ask. I had a question for you guys that -- you see, it was kind of my idea those -- planting trees in the original -- I found a guy that was selling them real cheap and I told Larry, I said, hey, Larry, there is a great deal on some pine trees and so I'm kind of at fault when -- and I had a question, because when he got them in, the place looked fabulous. I mean it was the best looking landscape in Meridian, hands down. There was nothing that looked better. When you drove up to it, with the pines there, it really looked good. And they said, well, the police can't see in, you better take them down. And I thought that was odd, because in Eagle, which is -- most people that have been down there, it's a very pretty landscape around the business and stuff, Eagle has pine trees everywhere. Why not Meridian? Just my question. I just thought it was odd, because they look so much better than what is there now. I thought that was really silly. I mean just for esthetics, which I'm kind of into. So, I thought I'd ask that question and see -- I don't know. Borup: Maybe we can get some comment from staff on that. Because I had understood the change was because that wasn't the way it was submitted, but -- McKinnon: That's correct. Mr. Chairman, the last statement you made is absolutely correct. What was submitted was something entirely different than the evergreens and so that was the first shock. The second one was there a variance requested for it and City Council determined that, no, the evergreens were not allowed per our code and there was no specific reason that they had to be planted there and they could have met Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 76 of 81 the submitted landscape plan. For everybody's edification, Steve is working on a list of all of the landscape ordinance revisions and that's one of the things on his list is to allow evergreens to be in there. In addition to being esthetically pleasing, because of their bulk, they also provide greenery throughout the winter when the deciduous trees don't. And so that's something that we have had discussions with and it's something that Steve is working on right now with the landscape ordinance. So, it will happen. Rohn. The last thing I had was the last time I ask that the wall be constructed first, which worked out great, except that it did put Larry -- it kind of crimped him at times, because the materials didn't come in and I still would like it done first, but I don't want it to crimp his building this time. It got in the way of all the -- the materials didn't come in and he needed to break ground and he had to wait to do that, so I'd still like the wall to be done as quick as possible, but I don't want it to get in his way this time. So, I guess that --thank you. Borup: Thank you. Anyone else? Commissioners have any other questions from -- Centers: Well, I think maybe a good requirement would be that the wall would be completed prior to occupancy of any of the newly constructed buildings, you know. And then, staff you said that with the continuation of that fence, if we allowed that and the minimum buffer for the -- the five foot buffer, you wanted all existing trees to remain? Was that the comment? McKinnon: Mr. Chairman, Commissioner Centers, the reason for that was just to --just to rub Larry's nose in it just a little bit about the last time that it wasn't planted the same -- Centers: Well, I note that -- McKinnon: It was just a little jab at Larry. But the trees that -- there are three trees that they show back there in the landscape plan and when the first phase came through they showed a number of trees in that five foot buffer, too, and they came back and said we don't want to plant any trees in that buffer and there currently is no trees in the first phase of that buffer adjacent to the -- adjacent to that eight foot fence. There is some dogwood and some other shrubs, but there are no trees. I just wanted to point out that we wanted those trees to be there and they should be planted. Centers: But are you still saying that you want a revised landscape plan for the northern edge of the subject property? That's what it says on the site-specific requirement, line one. McKinnon: Yeah. Within the project boundaries they, essentially, stop right here right now with the landscaping and they don't show any additional landscaping on the landscape plan here and there are no trees planted here right now, it's just -- there is some grass, there is a red truck that's been parked out by the -- there were no plans submitted for that part of Franklin. Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 77 of 87 Centers: When do you want that by? McKinnon: Ten days prior to City Council. Centers: Okay. Van Hees: Can I make a comment about the -- Borup: Come on up. Van Hees: There should be trees in that area. The trees are along that area, up in that -- up there. The trees are there. There were the pine trees, we took them out. With respect to the trees in the five-foot buffer in the back, we would have put them there and if you guys say put them there. We will put them there. The problem is when you have a have five foot strip nexttoaneightfoottallfence,ourlandscaperjustadvisedus against it. He says if we put some brush -- some shrubs, some bushes that will grow tall, it's going to look really nice up against that eight foot fence, rather than trees that are struggling and you have to trim all the branches off the one side. I'm not a landscaper. I like nice looking landscaping and, you know, if -- you know, Dave says, hey, you're going to have to put them there and you guys agree with that, we will put trees there. I don't know how long they are going to live there, but we will put them there. Zaremba: Well, I was going to suggest as an alternate just what you said, a five foot wide landscape buffer with a wall there, if you actually plant trees and the trees survive to maturity, their roots are going to throw that fence out of alignment, it's not going to be the pretty straight thing that, apparently, the masonry person did and I was going to ask staff and the Commissioners if the alternate suggestion would be shrubbery. Junipers do not put down such heavy roots, but would still break up the view of the wall just a little bit. McKinnon: Mr. Chairman, Commissioner Zaremba, that's kind of the reason I bought it up. Zaremba: Okay. Yeah. Well, I'm in agreement-- Borup: So, we are talking about leaving the three trees? Zaremba: Leave the trees and put shrubs in or something. Centers: Well, I would move we close the Public Hearing. Zaremba: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 78 of 81 MOTION CARRIED: ALL AYES. Centers: Okay. I would, Mr. Chairman, like to recommend approval of CUP 03-009, a request for a Conditional Use Permit for the development of arental-restaurant complex in a C-C zone for Hark's Corner by Van Hees Properties, LLC, southwest corner of West Franklin Road and South Linder Road, including staff comments on page four, site specific comments, specifically items two and three. Item one under site specific would be changed to read like the following. The applicant would still have to submit a revised landscaping plan prior to City Council regarding northern edge of the subject property. The block wall at the southern edge of the property is to be extended to the full length of the property line and no later than first occupancy of any of these new buildings. The five-foot landscape buffer on the northern side of the wall could include shrubbery, such as junipers or the like, end of motion. Borup: Are you deleting the trees? Centers: Yeah. With no trees required. Zaremba: Second. Borup: Motion and second. Any discussion? All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES. Borup: What are you doing backup here? McKinnon: I have got an item we need to talk about. Have you guys got your calendars, your Franklin Planners, your palm pilots? Borup: We discussed this last week, just a little bit about the joint meeting with the City Council. We did mention it. McKinnon: The 29th. I did get an a-mail today concerning .what they wanted to have on the agenda for that, just so you guys can get your gears rolling. They wanted to find out what you felt needed to be changed quickest, prioritizing our zoning ordinance changes, some of the things that you'd like to see. That's one of the items that they would like to talk about. In addition to that, I believe that there is a stronger push now for you guys to be more than just the recommending body to City Council on a number of issues, where you guys would be the decision-making board for conditional use permits and that type of project, rather than just making a recommendation to Council. You guys would make the decision and if they wanted to appeal the decision to Council they could, but once you made your decision it would not necessarily have to go in front of the City Council in the future and that would cut about a month's time. Borup: Isn't that the way Boise does it?