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HomeMy WebLinkAboutApril 3, 2003Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 56 of 81 Borup: But you would be prepared to move that at the time when the rest of the site was developed and a permanent building would be put in? Mortensen: Yes. Borup: I mean that's what I would expect. I don't know about the other Commissioners, but -- okay. Commissioners? Zaremba: I move the Public Hearing be closed. Centers: Second. Borup: Motion and second to close the Public Hearing. All in favor? MOTION CARRIED: ALL AYE5 Centers: Mr. Chairman -- well, unless someone wants to discuss it, I would like to -- you will still have that opportunity -- recommend approval of CUP 03-010, request for a Conditional Use Permit to obtain a dealer's license and sell quality used cars and trucks in an I-L zone for Finish Line Automotive by Lyle Lee Kallenberger at 44 Northwest 10~' Street, including all staff comments. In addition, the applicant has requested the temporary use of a trailer, a picture of which was shown tonight and it should be representative -- the finished product should be representative of that picture with a maximum term of usage to be two years. End of motion. Rohm: I will second that. Borup: Motion and second. Any discussion? All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES Item 10. Public Hearing: AZ 03-005 Request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-8 zone for proposed Verona Subdivision by Primeland Development, LLP -northeast corner of West McMillan Road and North Ten Mile Road: Item 11. Public Hearing: PP 03-003 Request for Preliminary Plat approval of 174 building lots and 15 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: Item 12. Public Hearing: CUP 03-007 Request for a Conditional Use Permit for a Planned Development for 148 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots, 15 open space lots, including addition to community park in a proposed R-8 zone for proposed Meridian Planning and Zoning Commission Meeting Apol 3, 2003 Page 57 of 81 Verona Subdivision by Primeland Development, LLP -northeast corner of West McMillan Road and North Ten Mile Road: Borup: The next item -- actually, we are going to be opening three Public Hearings, AZ 03-005, a request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-8 zone for the proposed Verona Subdivision by Primeland Development. Public Hearing PP 03-003, request for preliminary plat approval of 174 building lots and 15 other lots on the same property by the same applicant. Public Hearing CUP 03-007, request for a Conditional Use Permit for a Planned Development for 148 detached single-family dwellings, 20 townhomes, six office lots, six shared driveway lots, 15 open space lots, and a community park in a proposed R-8 zone for proposed Verona Subdivision by Primeland. Again, I'd like to open all three Public Hearings at this time and start with the staff report. McKinnon: Thank you, Mr. Chairman, Members of the Commission. Again, on the overhead -- we have used it a lot tonight, but this is going to give you a good idea of the project we are working on tonight. To the south, you can see this is the Bridgetower Subdivision that was approved and Lochsa Subdivision that was approved. It's on the north side where this community park was planned, approximately 25 acres. Residential coming down, with some commercial fronting onto McMillan within Lochsa. As part of the Bridgetower Subdivision this -- my computer is making strange noises. Hang on a second. Borup: We can't hear it, so it just bothers you. McKinnon: Okay. It's not noted on this site plan, but this property right here was also part of the Bridgetower and that was approved for commercial use as part of their 20 percent land use exceptions. We, essentially, have some commercial properties that border this, plus, some residential. This Site Plan will make a whole lot of sense the way they have got it laid out. Lochsa Falls has some commercial, some multi-family over on the east side and they have brought forward some office commercial and some townhouses adjacent to the multi-family. In addition to that, the commercial piece of property within Bridgetower is surrounded by Verona Subdivision, and rather than putting all that commercial adjacent to the residential, they have buffered that with office uses. I'll move forward to the next slide. As I noted earlier, the Lochsa Falls Subdivision, approximately, had a 25 acre park and, as you remember, when we approved Lochsa Falls we required that the sewer line come through Lochsa Falls park area in a 14-foot wide road that was going to be the multi-use pathway. It was going to break up this subdivision from the other subdivision it was going to run right through there. Now, they are planning on running the sewer line through Verona and they can provide a detached 10-foot multi-use pathway that runs parallel to the collector road that comes in. As part of the approval for this subdivision, the applicant has agreed to construct the pathway and to construct all of the landscaping in between the pathway and the road right of way prior to occupancy of the buildings in the first phase. The applicant is here tonight and they have brought a Site Plan that would revise this somewhat and I will just address what those issues are, but I will let the applicant Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 58 of 81 address it more fully. The original application showed a number of small lots that would be common driveways and the applicant has now removed those common driveways, so all the information provided to you about common driveways will probably revised tonight with what the applicant has submitted. In addition to removing those, the applicant is going to request that there be an additional roadway located here to connect these two blocks and create another small block, rather than have those disconnected and the reason for that is because the sewer system is very shallow in this area and I will let Bruce address that issue or Becky. Basically, we have residential all along Lochsa here, an additional 4.57 acres of park land is being dedicated to the city to be included with the 25 acres from Lochsa. We end up with a 30-acre park there, just as the Comprehensive Plan notes down below that there should be a park in that area, a community park, which is typically 30 acres in size. It's a very clean application. The applicant has written a response back to the staff report and the responses were in the affirmative and --Bruce, could you change that over right now? Well, if this doesn't work, we do have some of the larger plats that were provided to us tonight that we can put on some foam core for you and take a look at it. There it is. One more out, Bruce, and we are probably there. Okay. Without the technical difficulties, the applicant has provided all of the setbacks as required. One thing that I would like to point out that's going to be a relatively interesting discussion tonight, as pointed out in the staff report, is in regards to the relocation of the McMillan lateral. The McMillan lateral is being relocated. It currently runs diagonally through the property, it's this waterway that runs, essentially, diagonally through this piece of property. It was originally thought that this McMillan lateral was a users lateral and was not part of the Setter's Irrigation system. However, Setter's Irrigation is requesting now that that be included as part of their system, because they do have a well that pumps water into that to supplement the amount of water that is in that ditch. The reason why this becomes an interesting issue is the applicant has proposed to relocate the McMillan lateral down through the landscape buffer on Ten Mile and back up the collector road and up to the landscape buffer and Settler's Irrigation District requires a 30-foot easement over any of their the pipes, their tiled ditches. That would preclude the applicant from being able to plant -- typically, it would preclude them from being able to plant trees and other types of shrubbery over two feet in height within their easement, so that creates a situation where we have some landscaping that may be prohibited based on the location of the relocated ditch. The applicant has provided the staff with some information regarding tree roots and other information, the fact that they don't infiltrate into these types of systems. However, the decision needs to be made by the Irrigation District if they do have jurisdiction over this ditch, whether or not they will allow that. The applicant has had some discussion with them and concerning what types of planting they would allow within the 30-foot easement. If there is no plantings -- if they are not allowed to plant trees within the 30-foot easement, there may be some alternative compliance that would need to be looked at for landscaping and maybe there may be -- I'm using maybe a lot. There might be a requirement that they place those trees and other landscaping outside of that easement further back in on these office lots. It's zoomed out quite a bit, but you can tell that the buildings are actually set much further back than 30 feet from the right of way and so some additional plantings could be planted further back than 30 foot or the width of the easement. That's really the main point of contention with this project Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 59 of 61 that we had of staff. You should all have received a copy from Engineering Solutions responding back to the staff report and, again, as I noted earlier, it's very much in the affirmative, that they agree with most of the conditions of approval, as indicated by staff in the staff report. With that I would ask if you have any questions of staff and turn the time back over to you for your Public Hearing. Borup: Questions from the Commission? Zaremba: Just one. On the collector road that defines the park, is car parking allowed along that road? McKinnon: No. Zaremba: So how do people use the park? Just the local people walk in? McKinnon: Local people can walk in. If I remember correctly, in the landscape plan it indicates that there will be a parking lot in this area. Borup: Okay. There was parking off -- Zaremba: Off of Ten Mile? Borup: Yes. Zaremba: It was pretty small. McKinnon: Yes and Lochsa -- as Lochsa develops and the park develops, there was another planned parking area within the Lochsa park generally in that location, somewhat further to the north and the applicant can help address those issues. Borup: Did you have any -- I notice there was arequest -- I mean for a reduction in house size to 1,200 feet. Well, I guess you answered it. You had no objection. McKinnon: This is a Planned Development. They have requested the 1,200 square foot minimum. That's very similar to the recent request that was made by Parkstone with their 1 ,200 square foot minimum. I n addition to that, t here was o riginally --the revised plat has change from this, but there was originally a request for the single-family dwelling detached to be able to have a 6,000 square foot lot, rather a 6,500 square foot lot. However, based on the revisions, that they have made, like taking out the common lots and the common driveway lots, the 6,000 square foot lot, of which there was only one, has now been eliminated. That request would be removed by the adoption of the submission of the applicant's revised plat. Bruce and I have had a chance just to -- from the beginning of the meeting to take a look at this and we, actually, believe that the new layout for this actually fits better as far as circulation and as far as the development works and it gets rid of those common lots that were used for driveways. Now they can all take access off of an existing public road, rather than having the flag lots off of the Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 60 of 81 common driveways. We feel that this is, actually, an improvement over what was previously submitted. Mathes: Dave, is there a school lot in here? I didn't see one. McKinnon: The closest school would be in Bridgetower. It's an elementary school. Mathes: Okay. Because the Fire Marshall put one school lot in Item Number 11, six office lots and one school lot. McKinnon: I'm going to guess that that's a mistake, that Joe was carrying that over, probably, from the Parkstone comments. Borup: Okay. Any other questions from any of the Commissioners? If not, is the applicant ready for their presentation? McKay: Becky McKay, 150 East Aikens, Suite B, is my office address. I'm representing Primeland Development with this application. This is the Verona Subdivision, which is another extension of the Bridgetower Crossing project just north of McMillan Road and east of Ten Mile. As Dave indicated, we adjoin Lochsa Falls along our eastern boundary and along our northern boundary. If you recall, when Lochsa came through, there was considerable discussion about putting a collector along the south boundary of that proposed park and that it was the intent of the Parks Department and their parks plan that that be a 30 acre facility. I think I argued that there would be no opportunity to ,add any acreage to that park if that collector was placed there. Luckily, the Commission supported us in that and when Icame -- when this particular project came about, I took the comments that we had discussed earlier on Lochsa and incorporated that into my design. Instead, of putting the collector here like we had originally planned, that collector is right here it's called Belogio. That collector would serve the park. We have 4.57 acres that we will be dedicating to the city, not asking for any park impact fee credits. We will also be building the ten foot asphalt multi-use pathway along here and, then, we have a single loaded local street here called Malta linking into this stub street and, then, it will turn -- and, then, terminate right there. That will allow like the parking facility that was on the south boundary of Lochsa to move south and they will be able to take access off that collector. ACHD will not allow any parking along a collector roadway. This Malta being a local street, they could park along that roadway. I have met with the new parks director Doug Strong and Elroy Huff. We did take this project before the Parks Commission last month. The Parks Commission looked at it, they were very pleased. We indicated that they should start doing some type of conceptual planning of their park, since we will be designing this roadway here shortly and, obviously, we would want to stub sewer and water out, so that they could have restroom facilities or other facilities in that community park. The two amenities as our PUD is the donation of that park and we will also be landscaping along our collector, because we don't know what the timetable is going to be for development of that park. I spoke to the parks d irector a bout that also a nd they t hought t hat t hat w as a good i dea a nd w e'd, obviously, coordinate with them on a link to their future sprinkler system and as far as Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 61 of 81 the plantings and so forth. We have got 35 feet of buffer running along Ten Mile Road. We were concerned about Ten Mile, because it will be at some point in time a five lane roadway, so we tried in our designs to make sure that we have buffers. We have this commercial area that we have planned with our Bridgetower Crossing project to the south. We decided to -- this is in alignment with our access to the south here and this is another collector we call Carerra that loops through. These are all offset, so that they are full access. Ada County Highway District staff and the traffic engineers complimented us on this design, because this allows for additional capacity at the intersection. People will have the ability as this area grows to utilize this collector and make that free right like you find over there at the R.C. Willey at Franklin Road, Eagle Road area. We proposed that this will be like an office or church use. These will be offices, possibly a church, possibly a day care, so we are going to have what we call C- G or regional type commercial here and we transition to the office and, then, this is 20 detached -- or attached single family dwellings. They are just in pods of two. The office area right through here in Lochsa we matched up with that, so their driveway would link through us and, then, intersect with our collector and, then, we pull that down into the commercial. We will have interconnectivity through like across-access driveway. This was designated as multi-family in the Lochsa project and that's why I stuck these townhomes up against that. Then, we matched up the single-family lots along that eastern perimeter. Getting back to Ten Mile. We tried to incorporate kind of a different type design with what we call a shared driveway where we kind of stack our lots. It allows us to get a little higher density and to -- to have some more affordable product along that corridor. One problem that we -- that we found -- we have been working on our hard design, which is we call it when we are doing the sewer, the water, and the street design for a subdivision and it gets s hallow as it gets over along this eastern boundary. We still have the -- we can meet the minimum cover, but we may have to do a little bit of fill here. In evaluating this design we determined -- the engineer determined that it would be in our best interest and best interest of the city if we connected these two streets and, then, got rid of these multi-use driveways. Like in this area here, the sewer was shallow and, then, once you run it back into this Y-type driveway it became even shallower. I talked with your Public Works Department about it yesterday, we made this particular change, and the change is due to the sewer. Obviously, the deeper the sewer the better off we are. We can't help the elevation of the sewer in Ten Mile, it is what it is, because it comes of the plan at a particular invert and, then, it's carried on. It's just the way these properties are out here, some of these are very flat and we have to deal with the issue of sewer. Here we came through and just basically backed up these lots. We still have to bring sewer through some pedestrian walkways. We also still provide a pedestrian walkway going out to the park so it added a little bit more street. We lost, I think, one particular --one lot in doing this. Those lots are about 60 by 102 and, then, they will still have the 35-foot buffer behind them so, it didn't change it a lot. The density remained pretty much the same at 3.2 dwelling units per acre is what our net density is. The Comprehensive Plan designates this area as medium density, three to eight, so we are in that bottom range for your density. We are asking for the 20 percent exception. We are utilizing approximately 16 percent and that would include the office uses within that R-8 zone that we are requesting. We have also asked for some reduction in home sizes. We find that even Meridian Planning and Zoning Commission Meeting Apol 3, 2003 Page 62 of 81 though we have that -- the lower square footage, say like 1,200 square feet that the homes are typically larger than that and we have very few that are at that minimum. I don't think in any of my subdivisions we find that they are just right at that minimum. We have those single family attached lots. Those are 5,000 square feet. I think we asked for 1,100 square foot minimum on those facilities. The setbacks -- we are asking for your standard setbacks, except for the zero lot line. We did go before the Ada County Highway District commissioners on this project. They have indicated that there is a level of service C out in this area, C or better, I believe, is what they stated. The commission did approve this project. We show right of way along Ten Mile and along McMillan Road. Ada County Highway District, as you're well aware, if it's not in their CIP, they will not be purchasing any right of way. We did go on the record at the Ada County Highway District commissioner meeting that we will donate that right of way to the Highway District and in the event that they ever impose extraordinary impact fees, then, we would ask for some type of reimbursement. Under the normal impact fees, we will just donate it without any credits whatsoever. Dave talked about Settler's Irrigation District. Settler's is a funny entity. You talk to them one day and they tell you that the facility is a users ditch, you talk to them another day and they claim that it's their facility. They have indicated they sent a letter calling that McMillan lateral that comes through here and, then, traverses this property and goes out to the west. They didn't indicate on their transmittal that we originally received that they wanted any specific easement, they just said that there would have to be some type of easement and that it needed to be, obviously, protected. I was told it was a users ditch and, then, Settler's came back and said, no, it's our ditch. Then, I said, well, I thought it was a users ditch. They said, well, we are a user, because we have a well in the corner and we dump water into it. I'm not quite sure that they have jurisdiction and I guess what I'm suggesting is that you allow us to work that out with Settler's. I'm going to ask them for some documentation. You provide us with some documentation that it is your ditch and, then, we will go ahead and go through all your hoops of license agreement and so forth. We have got to pipe the facility, there is no doubt about that, but it's best if we keep them in these landscape lots. You know, if we run them to the rear of lots, then, you have got the issue of at some point in time there is going to be maintenance, they have got to get back there. We were proposing picking it up here, running it down a common lot, coming across that collector, and, t hen, running it d own here and, then, o ut and exiting it there so, that's the best scenario that, as Dave indicated, if it is their facility they typically won't allow us to plant trees. Now, we are dealing with that in Bridgetower Crossing on the Coleman lateral and what we have done is our landscape architects have drawn up a particular drawing and did some research I think with the University of Florida. There are certain types of trees that the roots onlygo down a couple of feet and with that being a concrete pipe and if the tree is planted offset, not over the top of the pipe, the landscape architects indicate that we won't have conflict. I did provide a copy of that information to Dave for your staff to look at and, then, we have submitted it to Settler's for them to review. We have got a good project here. I think we have done everything that the staff and the Council asked of us. We feel that this is going to compliment this area. S eroices a re c oming u p Ten M file R oad r fight now. S ewer a nd w ater i s b eing extended. It's right about here at this point in time and it will be extended up. We have already granted an easement to the City of Meridian for sewer and water to come down Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 63 of 81 this street and go up into Lochsa Falls so, that's been done. I do apologize for making these lot changes before the meeting, but it was something that -- it, obviously, had to be done due to the sewer issues and the sooner we did it the better. I wouldn't want to make that change after I got out of this body. I think it doesn't impact the -- make any difference as far as the project is concerned. We still have good circulation, vehicular and pedestrian, and the density -- the number of lots remains the same. It's probably a little b it b etter, b ecause w e won't, I ike D eve s aid, h eve t he c omplexity o f t he s hared driveways, and who maintains them and how you keep them clean of snow and so forth. Do you have any questions? Borup: Questions from the Commission? McKay: Oh, yes. One other thing, sorry, sir Bill Clark, representing Mr. Gibson, who is on our eastern boundary, he and I did have a conversation. He sent a letter to me, I submitted to the staff. All that they asked is in our Development Agreement that there be some statement recognizing that this Planned Development has been approve on the eastern boundary and that at some point in time this will be multi-family. This will be an office use, because they are assuming that this development will develop prior to them and they don't want problems in the future, they want it as our part of our Development Agreement recognizing them. That's it. Thank you. Borup: I have got a couple of questions. Do any other Commissioners? Zaremba: A couple of small one. Borup: Go ahead. Zaremba: First off, thank you for the park. I remember when we were going through Lochsa and you couldn't promise anything about this client, but you have delivered everything we imagined and I like the parking arrangement within the park. That looks good, too. You mentioned -- I can see that you have -- you're continuing this roadway to get into another subdivision's commercial area. Is there another access like up here? McKay: Yes, sir. Zaremba: Did I see that? That they will be able to have all those facilities without, actually, having access to either one of the major streets is that correct? McKay: T hat is correct. L ochsa can come in through that shared driveway running across their office lots and our residents will be able to come into the commercial. If that is like say an Albertson's, for example, they would all be able to go into it without ever going on the arterials. Zaremba: Your clients reap a great benefit by having you do all of this. Just a personal comment that's all I have. Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 64 of 81 Borup: Commissioner Centers did you say you had a question? Centers: Yes. You normally submit a little different draft and you normally say applicant will comply, will comply, will comply, but this time you had a lot of comments and I suspect someone else wrote this. McKay: Yes. That's correct. Centers: And whoever S.S. is, that could be the person but that's really irrelevant. You're in agreement with all the staff comments, requirements, et cetera, but you want some flexibility on the McMillan lateral, is that safe to say? McKay: Yes, sir. Centers: Because I haven't had a chance to ready everything. McKay: Yes, sir. The statements - I think the only thing that was brought up was the issue of the easement and, obviously, complying with the tree every so many feet along that collector. I don't think we had any other items that were of contention, other than the staff does ask us to specify our phasing lines. The phase lines on this particular project are dictated by the sewer and we just got those worked out. We are building the single family detached in two phases, starting up here on the north, taking in this collector and this area right in here and, then, we will go -- this is the second -- that is the second phase and, then, obviously, probably a third phase and, then, a fourth phase. The office would most likely be last. I anticipate approximately four phases and we will provide the staff with those hard phase lines now that we have got the sewer issues all resolved. Centers: Well, that's their requirement, Becky, that -staff level approval, so we are fine there. The 4.7 acres --and thank you. You're giving it to the city. McKay: Yes, sir. Centers: And we are going to maintain it. I agree with that. I think that's -- you remember another subdivision that -- McKay: Yes, sir. Centers: I agree with that. That's eternity. I think that's the way to do was purchased by that city, though. McKay: You mean Lochsa? great. We are going to have it and maintain it for it. Refresh my memory on Bridgetower. That land There were 23.4 -- Centers: Lochsa. Meridian Planning and Zoning Commission Meeting Apol 3, 2003 Page 65 of 81 McKay: Lochsa. On Lochsa that developer donated five acres, which ended up being a little more than five. I think closer to six, because ACHD changed their right of way requirement and, then, they will get impact fee credits on the remaining 20 acres. Centers: That was it. Yes. McKay: So, Primeland on this particular development donated the 4.57. Then, they are building the collector also. Centers: Well, to get the credit for the Planned Unit Development and the credits that you want, I think that's the way it should work. McKay: I think it's fair. Yes, sir. Centers: And maintain it. Okay. Thank you. Borup: Anyone else? A couple of questions, Becky and, again, I'd like to echo what they said about the park. I think when we left the last meeting, I came away with the impression that this applicant wasn't willing to do much there and I know it affected my attitude at the time. I'm very pleased with the way it came out. I was interested -- and this is just more -- one thing for my information on donating the right of way. I think last -- I don't remember what meeting it was, but I asked that question to someone at ACRD whether that wouldn't be able to do that, because that's the way to solve some of the problems we -- potential problems we got here as far as traffic. I was told at that time that that could not happen by law. Has that been resolved or was that a misstatement at that time? Because it used to -- it used to happen all the time and, then, they said -- or is that whether it was in their work plan or not was that the difference? McKay: Commissioner Borup, to answer your question, I think somebody misspoke, because they are putting statements in their staff reports now that that's one option, that you can donate the right of way, knowing full well that you won't get any credits or financial reimbursement. It says -- yes. Dedicate by donation additional 23 feet of right of way along Ten Mile. Borup: Does anybody else remember that statement? Was it before this Commission or another meeting I was at? McKay: They can't force you to donate. Borup: Right. McKay: If it -- Borup: Well, they said they couldn't even accept -- I was told they couldn't even accept a donation until the state law was changed. Meridian Planning and Zoning Commission Meedng April 3, 2003 Page 66 of 81 McKay: Obviously, they have changed -- Borup: Well, I think that was -- we asked them to research that, because I, for one, felt that was a solution to the development of this area, either that or not have the development. I thought that was a much better -- and leave that up to the developer to either donate and develop or not donate and wait. McKay: Yes. Borup: Is probably what it would come down to. McKay: Commissioner Wynkoop asked us point blank if we would be willing to donate the land, because he said all -- you know, the developers in this North Meridian Area have indicated that -- that they'd like to assist us in making sure that these roadways are improved and that's one way that you can help by donating that land. Borup: I'm glad that got worked out. McKay: So, we are the first -- I believe this is the first project to make that overture. Borup: Okay. That's why I brought that up. I assume -- that's something we were looking for and looking for in others, too. You started something either good or bad, depending on which side. One other question on the reduced -- on the reduced square footages are you asking for a reduction on the ground floor? Are you aware there is a minimum 1,850 square foot on the ground floor? McKinnon: Mr. Chairman, Members of the Commission, it's an 800 square foot. McKay: 800 square foot. Borup: What did I just say? McKay: 1,850. Borup: I mean -- 850 was what I meant to say. I'm sorry. McKay: 850 on the ground. You mean if it were a two story? Borup: Yes. McKay: Yes. I have seen that in the ordinance, yes. I'm aware of that. Borup: And you're fine with that? I mean if they want a reduction in that ground floor, wouldn't this be the time to do it? McKay: I don't think that's problematic. Meddian Planning and Zoning Commission MeeBng April 3, 2003 Page 67 of 81 Borup: Okay. McKay: No, sir Borup: I just know it's been a problem in other subdivisions. I think the statement was that they could have -- a reduction could have been requested at the same time, but after the fact it's too late. McKinnon: Mr. Chairman, Members of the Commission, typically, that is included in the staff report as one of the requested reductions in a Planned Development. There was one subdivision in the last year -- well, actually, it's been three that have requested that and one where it wasn't brought out in the staff report. Borup: They requested a reduction on the ground floor also? McKinnon: They did. That's correct. Borup: But if they don't request it, then -- McKinnon: If they don't request it, the chance is gone. Borup: I know that has happened in at least one situation. McKinnon: That's correct. Borup: Okay so, you're fine with the way it is? I just want to point that out. This would be the time to do if you wanted. Thank you. Centers: One other question. Do you expect to have the McMillan and Settler's situation done prior to City Council? McKay: The wheels move slowly at Settler's. Centers: Yes. That's what I thought you -- McKay: On Bridgetower Crossing we have been working with them for three years now -- three years and we have finally resolved our differences, but they flip-flop on us continuously. I have complained profusely to their board. We typically deal with it by the time those construction plans and the Final Plat hit your staff it has to be resolved, because your staff is wanting to know what were piping. Where we are piping it and how we are protecting it and get a letter from Settler's, so I don't think we have ever encountered a problem, have we, Bruce? Centers: Okay. Meddian Planning and Zoning Commission Meeting April 3, 2003 Page 68 of 67 Borup: Thank you. Do we have anyone else to testify on this application? Any final comments from staff? McKinnon: Sure. Mr. Chairman, Members of the Commission, if I could get you to turn to Page 8 of the staff report, Item Number 4, and that's where we added our comments concerning the McMillan lateral. We worded quite a bit of flexibility into the landscaping there and it talks about how to landscape. The McMillan later shall be in compliance with Meridian City Code 12-13, which is the Landscape Ordinance, and in compliance with the requirements of Settler's Irrigation District, if applicable. Then, a further statement from clarification that if landscaping cannot be accommodated in the easement and in accordance with MCC 12-13, the applicant will need to request a variance or revise the landscaping and location of the McMillan lateral. I think we have got the flexibility worded in there. I don't know if we need to -- Centers: I think the applicant would agree, don't you? Yes. McKinnon: So, I think that we really have the major issue handled right there on Page 8 for -- just, again, this is a pretty smooth project and we are fully behind it and we are also appreciative of the park land that they have donated and I think that's all the comments I have. Do you have anything, Bruce? Freckleton: Nothing further. Centers: I had one question for the applicant. She doesn't need to come back up, but we didn't have anyone else here. Do we have an affidavit on file that you posted the property? McKay: Yes, sir. Centers: Thank you. Mathes: I had a question on that. She was the notary on that -- on the -- on the person signing. Can she do that? McKinnon: Becky, were you the notary for yourself? McKay: No. Mathes: No. Someone else said they posted, but she filed the CUP saying that it was posted and she signed that part. McKinnon: Well, that's okay. That's not a problem. That's fine. Mathes: Okay. Centers: I'd like to move that we close the Public Hearing. Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 69 of 81 Zaremba: Second on all three items? Centers: Yes on all three. Borup: Motion and second to close the Public Hearing on all three items. All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES Centers: Mr. Chairman, I would like to recommend approval of AZ 03-005, request for annexation and zoning of 61.33 acres from RUT a nd C-G zones to a n R-8 zone for proposed Verona Sub by Primeland Development, LLP, northeast comer of West McMillan Road and North Ten Mile Road, including afl staff comments. Zaremba: Second. Borup: Motion and second. Any discussion? All in favor? Any opposed. MOTION CARRIED: ALL AYES Centers: Also, Mr. Chairman, I'd like to recommend approval of PP 03-003, request for Preliminary Plat approval of 174 building lots or as revised. McKinnon: 172. Centers: -- 172 and 15 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Sub by Primeland Development, LLP, northeast corner of West McMillan Road and Ten Mile Road, including all staff comments. McKinnon: Mr. Chairman, Commissioner Centers, if I could add one thing to -- well, make that two things. The revised Site Plan has 16, rather than 15 open space lots, if you would be acceptable to change your motion to that. Centers: So amended. McKinnon: And, in addition to that, if you could adopt the plat that was submitted with the revision date April 3, 2003, as the one that's being adopted tonight? Centers: So amended. McKinnon: Thank you. Freckleton: One other thing, Mr. Chairman. I would like to make sure that we include the recommend language from Bill Clark for the inclusion in the findings, that we Meridian Planning and Zoning Commission Meeting Apol 3, 2003 Page 70 of 61 recognize -- or the development. That we recognize the existence of the development next door and their approvals for their commercial and -- Centers: So included. Zaremba: I second all of that. Borup: Okay. Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES Centers: Also, recommend approval of CUP 03-007, request for a Conditional Use Permit for a Planned Development for 148 detached single-family dwellings -- is that still --are we still on board with 148 SFR's? McKinnon: 146. Centers: So amended. McKinnon: That was 146. Sorry, it wasn't on the microphone. Centers: And 20 townhomes? McKinnon: That's correct. Centers: Six office lots? McKinnon: That's correct. Centers: Six shared driveway lots? McKinnon: No. Those have been eliminated. Centers: Eliminate those 15 open space lots. McKinnon: Sixteen. Borup: Sixteen. Centers: Fifteen? Borup: Sixteen. McKinnon: Sixteen. Meridian Planning and Zoning Commisslon Meeting Apol 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 houldretail, 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