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HomeMy WebLinkAboutSeptember 2, 2008 C/C MinutesMeridian City Council September 2, 2008 Page 30 of 71 De Weerd: Mr Rountree, would that include if restrictions were put on if it were inside or outside, if you could restrict use if it was outside? Because I think the owner is -- Rountree: Madam Mayor, my motion relates to what we can do. De Weerd: Okay. Rountree: I could make a motion to have the applicant do that as well, I suppose, but I don't know that they would necessarily abide by my motion. De.Weerd: Okay. Bird: I'd second it. De Weerd: Okay. I have a motion and asecond -- Rountree: And that would be to continue it until the 9th. De Weerd: Okay. So, the motion is to continue this item to the 9th for specific information from staff; is that correct? Rountree: Yes. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Public Hearing: VAR 08-007 Request for a. Variance to UDC 11-3H- 4B.2.a, which prohibits new approaches directly accessing a state highway, to allow aright-in only access to the site from SH 55/Eagle Road for Jacksons Food Store #105 by Jacksons Food Stores, Inc. - 3291 East Pine Avenue: Item 10: Public Hearing: VAC 08-003 Request to Vacate note #6, which prohibits direct lot access to Eagle Road and Pine Avenue, on the recorded plat for Porky Park Subdivision No. 1 for Jacksons Food Store #105 by Jacksons Food Stores, Inc. - 3291 East Pine Avenue: De Weerd: Okay. So, this will be continued until next week. Okay. Items 9 and 10 are a public hearing on VAR 08-007 and VAC 08-003. I will open these two public hearings with staff comment. Wafters: Madam Mayor, Members of the Council, the next item before you is a request by Jackson Food Stores for a variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway other than at the half mile between Meridian City Council September 2, 2008 Page 31 of 71 arterial roads to allow aright-in only access to the site from State Highway 55, North Eagle Road. With the variance request is a vacation request to vacate plat note number six on the Porky Park Subdivision No. 1, final plat, which prohibits direct lot access to the site from State Highway 55, North Eagle Road, and direct access to Pine, unless approved by ACHD. You can see the site is located here on the southeast comer of the Pine Street and Eagle Road at 3291 East Pine Street. This is an aerial view of the site. To the north is the Metro Express Car Wash, zoned C-G. To the east is the Country Inn and Suites Hotel, zoned C-G. To the south are industrial businesses, zoned I-L. And to the west is vacant undeveloped property, zoned I-L. That's part of the future Pine Bridge development. A little history on this site for the Jacksons. Last year in 2007 a similar variance and vacation request was denied for a right turn only access from Eagle Road to the site. Plat note number six was also requested to be vacated at that time. Their request is essentially the same. As you can see here from the two site plans, the one on the left is the plan that's currently proposed. The one on the right is the previous design. The design that they are requesting approval of now -- they are proposing a right turn lane onto Pine from Eagle Road and they are proposing aright-in only access to the site from Eagle. This time instead of just curving directly into the site and dropping into the parking area, it's -- there is a longer decel lane and stacking area that goes to the north further and, then, drops out into a drive aisle. The applicant has managed to address pretty much all the concerns that Council and staff had previously with the design. Like I said, the new design allows for longer decel and stacking area. It shouldn't affect traffic now on Eagle Road as much, you know, due to slow downs and possible rear end accidents from that turn lane. The turn lane onto Pine is consistent with ITD's long range design for Eagle Road. There is no written testimony on this application. Staff is recommending approval of the variance request per the findings in the staff report. Staff recommends approval of the vacation request only if Council approves the variance request and grants aright-in only access to the site. Staff is not supportive of striking note number six entirely, but is supportive of striking the portion that prohibits access to Eagle Road. Staff will stand for any questions Council may have at this time. De Weerd: Okay. Council, any questions for staff at this point? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: It's a little blurry, but it appears that the right-in only off Eagle Road, just so the record's clear, the arrow looks to me like that's an exit and a right only. It's an interesting design there. So, is that aright-in and right-out as well? Wafters: Madam Mayor, Councilman Rountree, if your inquiring about this access right here -- Meridian City Council September 2, 2008 Page 32 of 71 Rountree: Yes. Wafters: -- it's only a right in, It's not aright-out. Single lane. Rountree: So, that arrow is pointing the wrong direction. Wafters: It appears to me that it's pointing the right direction. Are you asking about this one right here? Rountree: Yes. It looks to me like it's pointing towards Eagle Road. Wafters: This one right here or this one? Rountree: No. That one right there. Wafters: It's pointing -- it's pointing up into the lane. Rountree: Okay. Then it's blurry. I just want to make sure that it's -- yeah. It's a right-in only. So, just to make sure. That's the only question I have. De Weerd: Okay. Anything else for staff at this point? Okay. Wardle: Madam Mayor, Members of the Council, Jeffrey Wardle. My address is 877 Main Street. Here on behalf of Jacksons Food Stores. We are in agreement with the staff report. As staff indicated, this design is -- has been significantly redesigned and we have worked at length with ITD over the course of the last three years to come up with a design which is acceptable to them within the confines of the rights that were granted by ITD to this property owner years ago when Eagle Road was initially widened. Tonight we have Joe Canning of B&A Engineers with us, as well as Mr. Jackson. The record is detailed. You have had this application before you previously. The difference that you have tonight is that you have complete approval by ITD of this design, that this design has been worked on with ITD for months to come up with a design which is consistent with their ultimate build out of this intersection and is also consistent with all of the concerns that you previously addressed with respect to stacking, road speed, and safety. As a result, this whole project as depicted with the right turn lane, the decel lane, the enhanced taper and the right-in only, would be constructed by Jacksons at its sole cost and expense. We can get into more depth as to the administrative record. The proceedings with ITD were detailed. They were lengthy. They resulted in a petition for judicial review, which resulted in a remand back to ITD for further consideration of Jackson's application. Jacksons brought this back to you with a modification from what was originally proposed during the pendency of that and that explains part of I think why you did not have a full and complete presentation previously, because ITD -- ITD still had discomfort. ITD has come to the recognition that this is an acceptable design as evidenced by the information that's in the packet before you. Don't really want to take anymore time, unless you have specific questions about this, or the administrative record or any of the other factual or legal issues that relate to this. We believe that Meridian City Council September 2, 2008 Page 33 of 71 everything that staff has stated is correct. We are in agreement with their recommendations, including their proposed modification on the request for vacation of the plat note, that the portion of the plat note regarding ACHD's requirements remain. And with that I will stand for any questions, as will the members of our party here tonight. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Jeff, show me how a semi comes in -- and I think the diesel pumps are down at the very south end of the deal. What's their route through there? Wardle: Madam Mayor, Councilman Bird, currently there is -- there is no access here. Bird: No. No. I mean on the new access. Wardle: On the new access -- as set forth in the record and as Jacksons has previously offered, we are amenable to a restriction on diesel trucks coming in this way, because the fact of the matter is that the way that this is engineered to insure that there is adequate stacking and to insure that there is adequate deceleration, we don't think that diesel trucks would come in this way, that it's too tight of a radius to come in that way. As depicted right here, this is where the tanks are currently, so to serve them currently trucks come in this way, and, then, to be able to get back out if they are turning west on Pine, they come back to this point, which is a full turn. De Weerd: Okay. Any other questions from Council? Rountree: I have none. De Weerd: Okay. Thank you. Wardle: Thank you. De Weerd: Okay. These two items, Items 9 and 10, are public hearings. Any public testimony on this item? Okay. Council, there is no public testimony. Any questions? Bird: I have none. De Weerd: Any further comment from the applicant? Rountree: Madam Mayor, we do have an Ada County Highway Commissioner here. I'm wondering if she would like to speak to this subject and I guess I have a question for Meridian City Council September 2, 2008 Page 34 of 71 them. Is it yet to be on their agenda for consideration of the change on Pine. I think you have acted on it once. Amold: Madam Mayor, Councilman Rountree, Rebecca Amold, Ada County Highway District Commissioner. I'm not aware of us acting on this application, because it's an access on a state highway. However, I will give you my opinion as one of five commissioners. I think this is a much better design and access than what currently exists. Although we don't control the state highway portion, we do control Pine Street and anything that will get cars off of Eagle Road into that facility before they get to that intersection is an improvement, because it places fewer cars into the intersection and causes less congestion at certain hours of the day. I happen to be a customer there occasionally and it would save me some time, some gas and some frustration if I could get in sooner, instead of going through the intersection and looping back around. I would be happy to answer any questions you have. Rountree: Thank you. I just knew you had something to say. Amold: No. I was strictly a spectator. De Weerd: Just glad she's there and -- Rountree: I'm just glad you're here. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't need anything else, I move we close the public hearing on VAR 08-007 and VAC 08-003. Rountree: Second. De Weerd: I have a motion and a second to close the public hearings on Items 9 and 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Maybe I should have asked this before we closed the public hearing. I don't know who I would ask it of. But their drawing depicts two northbound lanes on Eagle Road, plus the tum lane that they will be adding. Totally separate discussion about Center Cal and the activities going on north of here, they are offering to add a third travel lane. This does not accommodate that. I don't know what the status of that is. Meridian City Council September 2, 2008 Page 35 of 71 We believe we have approved a project subject to some of that happening. I don't know whom I should ask that question. What is happening with there being three lanes in each direction at this point? De Weerd: Well, I'm glad you waited until the public hearing was closed. Bird: Yeah. Zaremba: That was wrong. De Weerd: So, staff cannot answer it? I don't know if the applicants can point, but in order to ask the applicant we'd have to reopen the public hearing. Zaremba: Madam Mayor, I would move that we reopen the public hearing. I would make note that nobody has left the room since we closed it. Rountree: Second. De Weerd: Okay. We have a motion and a second to reopen the public hearing on Items 9 and 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor, Jeffrey Wardle, counsel for Jacksons. Certainly not here to speak for ITD, but the issues and concerns with Center Cal have, obviously, been part of the discussion with ITD and with respect to this design as you can see, there certainly is going to be need -- and I think the discussions with Center Cal envision that additional turn lane, as you indicated, Councilman Zaremba. However, this is fully occupied and this can be fully developed within the existing right of way. To the extent that additional right of way and additional lanes are going to be needed, it's my understanding from our discussions with ITD that they will look to the west, because of the additional right of way that exists over there and if they have to realign and restripe, they will do that. We have had that issue and question with ITD at length previously and not to be glib and be the attorney, as ITD told us, they said, well, you were the first one to the courthouse, so we'd have to look at your application in the process. We recognize that Center Cal is there. We recognize that Center Cal has proposed certain improvements. But to the extent that we have come forward with an application which is consistent with ITD's intended build out for the eastern section here, we think that we satisfied those requirements as set forth with ITD's statements that are in the record. But that said, to the extent that there are additional turn -- additional lanes, there is far more right of way available on the west side of Eagle Road than there currently is on the east side. De Weerd: And, Councilman Zaremba, I believe when we looked at that comdor that is the direction they were going, because they would have to, then, move a very expensive power pole, if I remember the -- Meridian City Council September 2, 2008 Page 36 of 71 Zaremba: The east side has power poles, as I recall we well. De Weerd: Right. Yeah. Wardle: Councilman Zaremba and Members of the Council, that is -- that is part of the issue as to why we have moved this as far south here. As you know, there are those very large power poles that are quite large, you know, we are talking several hundred thousand dollars apiece to move each one and that kind of confines the eastern boundary of the right of way and that would force everything to go to the west anyway. De Weerd: Okay. Anything further? Zaremba: Thank you. No. That helps. Thank you. De Weerd: Okay. Thank you. Wardle: Thank you. Anymore questions? Zaremba: I move we close the pubic hearing on these two items. Rountree: Second again. De Weerd: Okay. I have a motion and a second to close Items 9 and 10. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: It we don't have anymore discussion, I would move that we approve VAR 08-007, a variance to the UDC 11-3H-46.2.a, to a right-in, right-out with the new design and to include all staff and applicant comments. Rountree: Second. De Weerd: Okay. I have a motion and a second. Yes, Mr. Zaremba. Zaremba: I believe the maker of the motion said make aright-in, right-out. Bird: Oh. I'm song. Right-in only. I'm sorry. Yeah. Thank you, David. Rountree: Second agrees. De Weerd: Okay. Any further discussion? Madam Clerk, will you, please, call roll. Meridian City Council September 2, 2008 Page 37 of 71 Bird: Before I vote I want to take and tell this applicant -- as you know I wasn't for it the first time around and you certainly went back and redesigned this and did a nice job, so -- Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Do we have to -- we have to enact upon the -- De Weerd: You have to do Item 10. Bird: I move we approve VAC 08-003 and include all staff and applicant comment. De Weerd: And that motion was to vacate the piece of number six that has been discussed; correct? Bird: Yes. As in the note. De Weerd: Okay. Rountree: Second. De Weerd: Okay. I have a motion and a second. Discussion, Mr. Zaremba. Zaremba: Just to clarify. We are not revising how the note refers to Pine Street. Bird: No. Zaremba: Okay. Thank you. De Weerd: Okay. Any further discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C-G zoning