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HomeMy WebLinkAboutAugust 14, 2008 P&Z MinutesMeridian Planning & Zoning Special Meeting August 14, 2008 Page 38 of 49 district for Eagle and Victory by Rose Law Group - NWC of E. Victory Road and S. Eagle Road: Moe: Okay. At this time I'd like to reopen the public hearings -- well, excuse me. I'd like to open the hearing on CPA 08-002 and AZ 08-010, for Eagle and Victory, for deliberations and decisions. Commission, I would like to make one point known. If, in fact, the maker of the motion is going for an approval of the CPA, we have discussed with staff a little bit, they -- as far as the rezone, there are still some conditions that they want to be able to review and put on that application, so they have requested that that be -- that would come back before them. So, we'd want to continue that until, basically, probably, the 4th of September also. Just the annexation. Newton-Huckabay: We would act on the Comp Plan and -- Moe: You will act on the CPA tonight and, then, you would continue the annexation. Rohm: That works forme. Moe: So, having said that, any other comments from the Commissioners or any motions here? Newton-Huckabay: Ready for a motion myself. Rohm: I think -- yeah, I'm ready, too, but I'm not going to make the motion. Newton-Huckabay: Move to recommend denial to City Council of file number CPA 08- 002 and AZ 08-010, as presented in the staff report for the hearing date of August 14th, 2008, for the following reason: That mixed use community is not the most appropriate use for this property at this time and that the residential designation would be more -- continued to be appropriate. Marshall: Second. Moe: Okay. It's been moved and seconded to deny CPA 08-002 and AZ 08-010 with the conditions as noted. All those in favor of denial say aye. Opposed? Rohm: Aye. Moe: That's one. That motion has carried for denial of CPA 08-002 and AZ 08-010. MOTION CARRIED: FOUR AYES. ONE NAY. Item 7: Continued Public Hearing from August 7, 2008: CPA 08-005 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation on 33.59 acres of land from Industrial to Commercial for Kennedy Commercial Center /Western Electronics by DBSI Meridian Planning 8 Zoning Special Meeting August 14, 2008 Page 39 of 49 Meridian 184 LLC and Herman-Treasure Valley Business Park ILLC - 1250 W. Overland Road: Item 8: Continued Public Hearing from August 7, 2008: RZ 08-003 Request for Rezone of 27.17 acres from I-L to C-G zone for Kennedy Commercial Center by DBSI Meridian 184 LLC -1250 W. Overland Road: Moe: At this time I'd like to reopen the continued public hearing on CPA 08-005 and AZ 08-003 for the Kennedy Commercial Center for the purpose of deliberations. Any other comments, Commissioners, on this project? This was an application that staff was requesting approval on both items. Newton-Huckabay: Mr. Chair, if I remember correctly, there was some consideration related to the number of potential retail buildings that the applicant was proposing on the site. It seemed like there was a rather high number. Moe: That's correct. Yes. They were looking for 35 I do believe it was . Newton-Huckabay: And I have a note here that it appeared at the time of the hearing that we were -- I was proposing that we make that change -- proposal of 35 buildings, reduce to 25 buildings and that the applicant had -- was in agreement with all the other -- the applicant and the city were in agreement on all the other changes discussed in the hearing. Moe: That is exactly what I remember as well. Newton-Huckabay: So, I guess -- what I did not make note of and maybe another Commissioner made note of, is what -- specifically if there was any verbiage that needed to be included in the motion to change the staff report beyond this 35 to 20. Didn't they -- because the applicant had recommended a couple changes, if I remember correctly, that the city wasn't agreed with. Bill, was that -- that was your -- right? Oh, no, that was Sonya. Canning: Commissioner Moe, Commissioner Newton-Huckabay, Caleb did speak to me about this. The only issue he mentioned was the number of the buildings. So, you could make a motion that just said -- and any items that were discussed and agreed to by the city and the applicant in the previous hearing. We can go back and research that. Moe: Basically, what I do know is that I think within the report it talked about anywhere from 18 to 14 buildings and the applicant was looking for 35. So, all we -- in a motion, if you're going with that route, you could just make the change from the 18 -- eight to 14, just go to eight to 25. Newton-Huckabay: Okay. Meridian Planning 8 Zoning Special Meetlng August 14, 2008 Page 40 of 49 Marshall: That's part of the -- Newton-Huckabay: Oh, it was the total square footage of the -- that the -- no single building shall -- the applicant was proposing that no single building shall exceed 8,000 square feet without developer obtaining a Conditional Use Permit. Furthermore, no building shall exceed three stories in height. I was looking at the total square footage over the whole of the site, rather than any individual building. Is this ringing a bell with anybody? Moe: No, it's not. Marshall: Yes. Rohm: I think, though, that the Conditional Use Permit will cover that, if, in fact, they come in with a proposal for a larger building. It's just noted that they have to make an application for a CUP. So, we can still act on this application and deal with the CUP if, in fact, it becomes necessary at a later date. Newton-Huckabay: Okay. Well, then, I will go ahead and make a motion, unless someone else is ready. Rohm: No. Go ahead. You're on a role. Newton-Huckabay: I move to recommend approval to City Council of file number CPA 08-005 and RZ 08-003 as presented in the staff report for the hearing date of August 7th -- do I have to reference we reopened it today? Moe: Yes. Newton-Huckabay: And the 14th -- August 7th and 14th, with the mod cation that the maximum number of buildings allowed on the site would be 20, without -- without a Conditional Use Permit or -- okay. Be limited to 20 buildings to be constructed on this site. Scratch the CUP reference on there. End of motion. Rohm: Second. Moe: It's been moved and seconded to move onto City Council approving CPA 08-005 and RZ 08-003 for the Kennedy Commercial Center and -- all those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from August 7, 2008: CPA 08-006 Request to amend the Comprehensive Plan Future Land Use Map to change the future land use designation on 11 acres of land from Mixed Use -Waste Water Treatment Plan to Office (2+/- acres) and Low Density Residential