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HomeMy WebLinkAboutJuly 3, 2008 P&Z MinutesMeridian Planning & Zoning July 3, 2008 Page 2 of 13 B. Findings of Fact and Conclusions of Law for Approval: CUP 08-012 Request for Conditional Use Permit approval for adrive-thru establishment in a C-C zone within 300 feet of another drive-thru facility for Silverstone Corporate Plaza by Sundance Company - 3421 E. Overland Road: Moe: Next item on the agenda is the Consent Agenda. That consists of two items. Number one being the approval of meeting minutes of June 19th Planning & Zoning Commission meeting and the second item would be the Findings of Fact and Conclusions of Law for approval of CUP 08-012 for Silverstone Corporate Plaza. Can I get amotion -- is there any discussion or can I get a motion to approve that? Rohm: So moved. Marshall: Second. Moe: It's been moved and seconded to approve the Consent Agenda. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Thank you. Before I open the public hearings I just want to kind of give you a brief overview. I think most of you -- I have seen quite a few of you, maybe not. Basically, I'll just give you an overview of how the meeting will go. I will open the meeting -- the hearing, at which time the staff will give a brief overview of the project, explaining, you know, basically, some of the reasons and whatnot on making their decision. After that the applicant will come forward and they wil{ have 15 minutes to, as well, discuss the project and ask any questions and whatnot or give reasons why they would or would not like to have something approved or not approved in their -- in the plan that staff has taken care of. After that there are sign-up sheets in the back, if anyone in the audience wants to speak in regards to this, you would have three minutes to, basically, ask any questions or make comments. After which -- everybody that's been signed up is done, I will ask one more time if there is anyone else in the audience that would like to speak. If not, then, I will ask the applicant to come back up and rebut any comments that were made within the public hearing portion. At that time, then, the Commission would, then, act on that. Item 4: Continued Public Hearing from June 5, 2008: RZ 08-002 Request for Rezone of 0.55 of an acre from the R-4 to L-O zoning district for Meridian Library Parking Lot Expansion by the Meridian Library District - 1727 N. Leisure Lane: Moe: So, having said that, I would like to reopen the continued public hearing of RZ 08- 002 for the Meridian Library parking lot expansion and ask staff to comment. Meridian Planning & Zoning July 3, 2008 Page 3 of 13 Hood: Thank you, Mr. Chair, Members of the Commission. As you may recall, this item was heard earlier last month on June 5th. It was continued so that the applicant could go back to the Meridian Library Board and determine, based on the direction given by you all, the -- what they preferred to do with the Leisure Lane and access. The two options that were kind of discussed at that meeting were, one, improving it as a public street for access to the proposed parking lot area or, two, if you didn't improve it and dedicate it as a public street, to not use it and just use the existing accesses that you have further to the south and through the existing library site, which is just off site to the west of this parking lot that's proposed for rezone. Staff has spoken -- I'm kind of pinch hitting tonight for both Sonya and Bill. This was Sonya's project. Sonya did speak with Ed Daniels, the applicant's representative, and he stated to her that the library is prepared to address that tonight, that issue, the lone issue you continued this for. I do not know the answer, so I'm kind of curious to know what -- what they have decided to do myself. The public hearing was continued and left open for any new testimony that may be provided tonight or anyone that may want to touch on the topic -- to testify on the topic. Hopefully, that's a good enough refresher. Again, we are on the north side of Cherry Lane, just due east of the current library site, as you can see on the overhead there. And I will stand for any questions you may have. Moe: Are there any questions of staff? Newton-Huckabay: I have none. Rohm: No, sir. Moe: Okay. Thank you. Would the applicant like to come forward. Would you state your name and address for the record, please. Daniels: Ed Daniels. 2785 Bogus Basin Road in Boise. Members of the Commission, we did meet with the library board regarding the two options that were set forth at the last hearing and, Caleb, I don't know if -- can you go to the site -- they are prepared to come in and limit -- not to have any access onto Leisure Lane from this parking lot and since we would be closing this off and having the landscape buffer continue on down and that would, I guess, fulfill the options that were given to us at the last hearing. So, the library district is ready to move forward with that if it's approved. Moe: Any questions of the applicant? Rohm: Works for me. Newton-Huckabay: Mr. Daniels, were there going to be any other -- on the south or just the two entrances on the west now. Daniels: In here? Newton-Huckabay: There will be -- that one will be there? Meridian Planning & Zoning July 3, 2008 Page 4 of 13 Daniels: Well, this one right now -- what we have -- we currently own this property in here. There was some opportunity to work with these two parking lots as the staff may flow into this area here, which this is just currently used by administration offices. So, we would like to exercise the option of potentially eliminating two parking spaces and connecting to the parking lot, so -- Moe: Of course, I'm just kind of curious as far as Leisure lane. There were discussions at the last meeting that that road is in need of some repair and whatnot. Has the library, as well as the other neighbors, gotten together at all to discuss what they are going to do about the road? I realize it's a private deal. I'm just kind of curious if there has been any discussions on kind of cleaning up and straightening up the road. Daniels: Commissioner Moe, I don't know of any conversations that the library district has with the neighbors, but our proposal is to come back and chip seal and fix any potholes that may be on Leisure Lane to improve it to, I guess, a great degree from what it is now. But as far as any communication with the adjacent neighbors, I don't know if that's happened. Rohm: Okay. Thank you. Any other questions? Thank you, sir. Daniels: Thank you. Moe: Rick Dillard, please. Okay. From the audience he says everything's been answered. Janet Sanchez. Sanchez: I'm Janet Sanchez. 1929 Leisure Lane. And I guess I'd just like to say that I have no objection to the plan that the library has put together there. Moe: Thank you very much. Newton-Huckabay: Mrs. Sanchez? Sanchez: Yes. Newton-Huckabay: I know at the last hearing many more of your neighbors were here. Do you know if they have all -- are they aware of this decision or did they just have faith in what direction we were going to take? Sanchez: I don't know. I know that they were all aware that this hearing was tonight, so -- Newton-Huckabay: Okay. All right. Thanks. Moe: That was all that signed up. If there is anyone else that would like to speak, please, come forward. Meridian Planning & Zoning July 3, 2008 Page 5 of 13 Garrett: My name is Allan Garrett. 1917 Leisure Lane. Again, I'm fully in favor of what was discussed earlier as far as, you know, not having access to Leisure Lane. That's cool with me. Just to answer kind of a question about what our plans are for the road -- further on down the road, the road is in bad disrepair. We are currently working with having sewer and water continued down that road and as a result of those -- of those utilities being installed, the road will be repaired at that point, too. Newton-Huckabay: Oh, great. Moe: Excellent. Thank you very much. Anyone else like to speak? Okay. Having seen none, would the applicant like to come up again or -- the applicant from the audience says he has nothing further to add. Well, Commissioners, any thoughts? Mr. Marshall? Marshall: It looks like it's gone well. I'm pleased with the outcome. Moe: Okay. Basically, in the staff report they are looking for public streets and whatnot and so we are going to -- well, be contingent on the motion and whatnot, but it will all have to be reviewed in the motion, so anyone else want to comment or do we want to close the public hearing and go forward from there? Newton-Huckabay: Mr. Chair, I have one question. Mr. Daniels said they were also going to chip seal and fill the potholes on Leisure Lane. Do we -- is there some kind of a response letter to this or any -- some kind of a -- usually I see a response in writing of some sort. t don't know if we need one. Daniels: I'm sorry to -- would that be some sort of a guarantee letter to have it chip sealed? Is that what your question was? Newton-Huckabay: You just didn't mention that until after Commissioner Moe queried on -- or Commissioner Rohm on the road. Do you have a response letter to the staff report for this hearing? Daniels: Oh, no. I'm sorry. No, I didn't. I didn't see a staff report for this hearing. Newton-Huckabay: Oh, there wouldn't have been. Daniels: Because I figured it would carry over from the last hearing. I don't know that they prepared a staff report for it. Newton-Huckabay: I feel if I'm making the motion, I didn't know if I needed to reference a letter or anything. So, in a motion it's -- the library district has agreed to chip seal and fil{ the potholes on Leisure Lane and not have east access to the parking lot -- Daniels: Correct. Meridian Planning & Zoning July 3, 2008 Page 6 of 13 Newton-Huckabay: Off of Leisure Lane. Daniels: Correct. Moe: Before you do make a motion, I do have a question of staff. I kind of want to -- kind of want to get my hands around this -- this road situation. And it is a private road and what we have -- the applicant and their portion are looking to do some chip sealing and whatnot. Another neighbor down the road, who is also part of Leisure Lane, they are looking to repave it all and whatnot. Should they not be getting together and maybe trying to do something together, as opposed to us making conditions for them to do a chip seal and whatnot? I'm just kind of wondering in a -- when we get to a point of making a motion, is the road really something we need to deal with? Hood: Mr. Chair, Commissioners, I guess that's something for you to decide. I can give you some more input on when I think, probably, some of those improvements will be made or just some more history with the residential subdivision there. They have -- they have run into some water quality problems there and they need to come up with a solution here relatively soon. I don't know as far as construction when that water is going to be available to them, but it will probably be something within the next year anyways. Excuse me. And I don't know when the applicant was planning on chip sealing, but, certainly, joining those forces and those dollars -- I would hate to see it chip sealed one week and the next week they rip it up to put a sewer and water line in. So, I don't know how you can craft a condition, necessarily, that -- Moe: That water line's going back to Cherry Lane, is it? Hood: Correct. Yeah. Moe: Then it makes no sense to do it that way. Hood: And that would be the worst case, is they made some improvement and, then, the homeowners make some other improvements that just totally ripped up whatever was made. Moe: Right. Hood: You could put maybe -- I don't really know how to craft something that way. Just ask that you coordinate, unless you really want to put it on the library district, you could say, you know, be -- participate in any, you know, roadway improvements or trust for a certain dollar amount or something -- whatever it costs to chip seal. I really don't know. It would be unfortunate -- you hope they'd coordinate that. I don't know that we need to necessarily condition it. It's in their best interest on both parties, so -- I don't know if that helps or not, but -- Rohm: Chairman Moe? Meridian Planning & Zoning July 3, 2008 Page 7 of 13 Moe: Well -- pardon me? Rohm: I have some comments on that. I think that if, in fact, Leisure Lane is no longer part of the application, the -- the closure of the access to it, I don't even think we need to address Leisure Lane in the motion, we just -- we make a motion that says that access will not be available off of Leisure Lane and leave it at that and -- Moe: Then, ladvise -- I agree. It's just that the applicant's the one that brought up the chip sealing and, therefore, that's why we are -- Rohm: And I'm sure they -- between the applicant and the residents to the north, will be able to coordinate that without our help. Moe: I would agree one hundred percent. I mean I assume they are all going to be sharing the cost of taking care of the water lines anyway and when they do that and the road's taken care of, they are all going to share in that cost, so -- Rohm: Sounds good to me. Moe: Okay. So -- Rohm. Okay. At this time, Mr. Chairman, I move that we close the public hearing on RZ 08-002. Newton-Huckabay: Second. Moe: It has been moved and seconded to close the public hearing on RZ 08-002. All those in favor? Opposed? That motion carries. Thank you. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Any comments? Mr. Marshall. Marshall: Other than what I have already said. I like the outcome. Moe: Well, I do appreciate the fact that the library did make a decision one way or the other and come tonight to take care of what I think is -- we would -- because it is a private road, it makes more sense for you folks to take care of the road and us not get involved in the public as far as I'm concerned. So, it's good to see that the access point was deleted. And I would assume that that will go before the City Council showing the new landscaping going across there and how it's closed off at that point right there. Okay. Commissioner Newton-Huckabay, you look deep in thought here. Newton-Huckabay: The -- the exhibit that we needed to delete out of the staff report. Meridian Planning & Zoning July 3, 2008 Page 8 of 13 Hood: Mr. Chair, Commissioner Newton-Huckabay, I don't know if you found it or not, but it's in Exhibit D -- or, excuse me, B as in boy, 1.2A is the exact development -- proposed development agreement provision. Newton-Huckabay: Just replace that with no access to Leisure Lane? That's what I was -- Hood: Yeah. No access. Something to that effect. It could be that simple. Newton-Huckabay: Okay. Hood: If you wanted to add what Commissioner Moe talked about prior to City Council providing a revised plan that shows no access. Newton-Huckabay: This doesn't go to City Council, does it? Hood: No. A rezone does. Newton-Huckabay: Okay. After considering all staff, applicant, and public testimony, I move to recommend approval to City Council of file number RZ 08-002 as presented in the staff report for the hearing date of June 5th -- July 3rd, 2008, with the following modification: In Exhibit B, 1.2A is to be removed, improve and dedicate Leisure Lane from Cherry Land to the north property line, consistent with ACHD public street standards, et cetera and so forth, and replace with a comment that the library parking lot will not take access to Leisure Lane from the east and will not improve it to a public street standard. End of motion. Rohm: Second. Marshall: Second. Moe: It's been moved and seconded to forward onto City Council RZ 08-002 with the following modifications to the staff report. All those in favor say aye. Opposed same sign? That motion has carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 5: Public Hearing: CUP 08-016 Request for Conditional Use Permit approval for a convenience store and fuel sales facility in a C-N zoning district per requirement of the Development Agreement for Maverik (Locust Grove/McMillan) by Maverik, Inc. -NEC of N. Locust Grove Road and E. McMillan Road: Moe: Next item on the agenda -- I'd like to open the public hearing for CUP 08-016 for Maverick for the sole purpose of continuing it to the regularly scheduled P&Z meeting of July 17th, 2008. Can I get a motion to approve that.