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HomeMy WebLinkAboutAugust 14, 2008 P&Z MinutesMerldlan Planning & Zoning Special Meeting 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 modification 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 OfFce (2+/- acres) and Low Density Residential Meridian Planning 8~ Zoning Special Meetlng August 14, 2008 Page 41 of 49 (9+/- acres) for Kartchner by Richard Kartchner - 4325 and 4315 N. Ten Mile Road: Moe: At this time I'd like to reopen the public -- the hearing for CPA 08-006 for Kartchner for the purposes of deliberation. Any other comments, Commissioners? Commissioner Rohm, any comments? Rohm: No. Well, I think we have all stated our positions previously and the staff did a very good job of pointing out the air quality and the sound issues are reasons that they are recommending denial and my only comments to any and all of that is at such time that we end up in a fully developed wastewater treatment facility, I believe that the city will be compelled to ultimately address the sound and odor issues via whatever avenues are available to the city, as in building walls to keep the sound in and I think that ultimately it will come to that and it may not be for ten or 15 years, I don't know, but at some point in time I think that the city will be compelled to address those issues and it will change the decibels on the Kartchner property. But the fact of the matter is is they are not in that position today and so I think that's kind of dancing around the issue a little bit, but the fact of the matter is is right now that property falls within the area that the city is not in support of additional development. So, until the city has made those changes, I don't know that I could support changing the land use map at this time. Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay. Newton-Huckabay: I just want to point out on the record that this -- that Richard Kartchner did submit a letter on 8/11 for the 8/14 hearing and with signatures. It's in our records here. Moe: Okay. Newton-Huckabay: And, again, stating his position regarding odor and noise that exists on the property now. Moe: Okay. Any other comments, Commissioners? If not, can I get a motion? Newton-Huckabay: I would say lack of odor and noise that exists on the property now. Moe: Okay. Marshall: Okay. Mr. Chair? Moe: Mr. Marshall. Meridian Planning & Zoning Special Meeting August 14, 2008 Page 42 of 49 Marshall: I move to recommend denial to the City Council of file number CPA 08-006 as presented in the staff report for the hearing date of August 14th, 2008, for the reasons as stated in the staff report. O'Brien: Second. Moe: It's been moved and seconded to deny CPA 08-006. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from August 7, 2008: CPA 08-001 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation of 15.46 acres of land from Medium Density Residential to Mixed Use -Community for Janicek Ten Mile /Chinden Property by Janicek Properties, LLC - SWC of N. Ten Mile Road and W. Chinden Boulevard: Moe: At this time I'd like to open the hearing for CPA 08-001, for the Janicek Ten Mile - Chinden properties for deliberation. Everyone remember where this one's at and the conditions and such? Newton-Huckabay: Okay. This was Chinden and - Marshall: And Ten Mile. Moe: Chinden and Ten Mile Road. Newton-Huckabay: Okay. This is one where I have that -made note that -- I got the impression that most of us were in disagreement with the city staff recommendation. That the majority of the Commission felt like a mixed use community was an appropriate use in this area. Rohm: Would it be appropriate to ask staff to kind of give us a recap of the application, real quick like. Is that possible? Parsons: For tonight, no. Mr. Chairman, Members of the Commission, if you recall this property, the applicant did a fine job of kind of giving you the history of this site when they -- when they sold the property to David Turnbull, it was the impression that this person could have this property and come in and have commercial on the site. I think staffs contention is that -and the applicant did a good job of, basically, referencing that this is just a Comp Plan amendment and the concept plan that they submitted was only a conceptual plan. When they come in and choose to annex into the city, they will definitely have something more substantial. If you recall in that concept plan they were showing accesses onto Chinden, which staff had -- didn't support and, then, they didn't