HomeMy WebLinkAboutMemo from Planning~'~
Requested Changes to the Agenda: ' ~• ~~l
Item 10 Hacienda Subdivision: Continue to 11/5/08 ~,~~
Item 13 Eagle and Victory: applicant requests withdrawal of annexation application ~~~ ~~ ~*
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Item 14 and 15 Overland Village: Continue to 12/2/08 ~ r'
Executive Session: City Attorney requests that you add (c) and (f). ~'~~~~~
Project: Una Mas
Location: 3945 E. Ustick Road, on the south side of Ustick, approximately '/ mile east of N.
Eagle Road.
Applications: Preliminary Plat. (PP) approval of 21 commercial building lots on 12.62 acres in a
C-G zoning district for Una Mas Subdivision.
Highlights of Proposed Development: The proposed project will include one access point from
E. Ustick Road and three access points from the newly constructed N. Allys Avenue into the
proposed commercial development.
Elevations: Yes: All future structures on this site shall substantially comply with the building
elevations and materials depicted. Additionally, all structures on this site shall comply with the
design standards listed in UDC 11-3A-19.
Commission Recommendation: approval at their June 19, 2008 public hearing.
Summary of Commission Public Hearing:
i. In favor: Denise Lauerman (Applicant's Representative), Burke Hansen (Owner)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
Key Issue(s) of Discussion by Commission:
i. The proximity of Ally's Way in relation to the Lowe's entrance and possibility of
traffic conflict on Ustick Road;
ii. Compliance with the Comprehensive Plan Future Land Use Map designation of Mixed
Use -Regional for this site.
Key Commission Change(s) to Staff Recommendation: None
Outstanding Issue(s) for City Council: None. We have an e-mail from the applicant's
representative stating that they are in agreement with the staff report and conditions.
Notes:
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10/28/2008
Project: Eagle and Victory
Location: on northwest comer of E. Victory Road and S. Eagle Road.
Applications: amend the comprehensive plan for approximately 15.5 acres of land from Low Density
Residential to Mixed Use -Community. The applicant originally submitted a concurrent application
requesting annexation of 3.75 acres of land to C-N. That application has been withdrawn.
Highlights of Proposed Development: The applicant submitted a conceptual development plan
showing how the site may develop in the future. The plan is depicting two drive-through businesses on
the site (pharmacy and a bank). The proposed drive-through businesses are within 300 feet of a residential
zoning district which requires CUP approval prior to establishing the use on the site. Access to/from the
site is proposed from one full-access driveway on E. Victory Road and right-in only drive way on S.
Eagle Road.
Other: Staff received a memo from Mindy Wallace at ACHD stating: "The applicant of the
Comprehensive Plan Amendment and Rezone located at the northwest corner of Eagle Road and
Victory Road has requested that ... (ACHD) staff review and provide comments on a revised site
plan that was submitted to the Meridian City Council on September 23, 2008. Staff has reviewed
the revised site plan and does not support the proposed right-out driveway on Eagle Road located
200-feet north of Victory Road due to its close proximity to the Eagle/Victory Road intersection.
Elevations: No
Commission Recommendation: denial at their August 14, 2008 public hearing.
Summary of Commission Public Hearing:
i. In favor: Shawn Nickel (Applicant's Representative), Rex Young, Vern Urwin, Jim
Allen, Barbara and Dave Marquart, Tedi Hepper, David Currier,
ii. In opposition: Wendell Jeffries, Bob Aldridge, Chentelle and Harold Krasinski
iii. Commenting (neutral): Ed and Joan Crampton, Terry Murphy, John Coombs
iv. Written testimony: Jarrette and Gina Ireland, Wayne Peterson, Linda Kaley, Jeff
Brauer, David Guzzetti and staff also received two petitions totaling 34 signatures in
opposition of the project. The petitions were from residents of the surrounding
neighborhoods.
Key Issue(s) of Discussion by Commission:
i. The appropriate land use designation for the seven parcels requesting the land use
change. The subject site is an enclave of low density residential surrounded primarily
by medium density residential development.
ii. The Commission recommended denial of the project and felt a higher density
residential use, not commercial, on the site would be more consistent with the
surrounding area.
iii. Concern over current and proposed access points to/from Victory Road and Eagle Road
for the subject site.
iv. The Commission discussed the comprehensive plan which has made provisions for a
neighborhood center at the half-mile west of the site to alleviate congestion that
commercial traffic would generate at the Eagle Road and Victory Road intersection.
Key Commission Change(s) to Staff Recommendation: None (staff had recommended denial)
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Written Testimony since Staff Report:
i. Memo from ACHD as mentioned previously.
ii. Letter from applicant requesting withdrawal of the annexation request.
Outstanding Issue(s) for City Council:
i. I would like to note to Council that the withdrawal of the annexation request creates
even greater concerns with regard to the appropriateness of this site for future
commercial development. One of the primary reasons staff recommended denial of the
comprehensive plan amendment and the annexation was that the site is very constrained
for commercial development. It is much narrower than what we are generally told is an
acceptable depth for commercial developments. The previous concept plan with the
annexation application did not provide staff with satisfactory evidence that this site
could accommodate commercial development.
ii. ACHD staff stated that even the right-in only access was a compromise. Ideally, they
do not want to see any access to Eagle Road given the proximity to the intersection.
iii. The Council should determine if a mixed use-community designation is appropriate
land use for the subject site, if it is compatible with the surrounding residential uses,
and if the change is in the best interest of the city.
Notes:
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Project: Emerson Park
Location: northeast corner of E. Victory Road and S. Meridian Road.
Applications: DA modification
Highlights of Proposed Development:
As a condition of approval of the Emerson Park preliminary plat, the applicant was required to apply for a
modification to the original DA and addendum to include the conditions of approval of the preliminary
plat. The subject MDA application satisfies this plat requirement.
The Applicant is requesting a new DA for Emerson Park Subdivision (platted as Lots 1 & 4, Block 1,
Mussell Comer Subdivision) that reflects the conditions of approval of the preliminary plat for Emerson
Park. The proposed DA will also include provisions from the original DA and the later addendum that are
applicable to the subject property.
The original DA and subsequent addendum covered the entire 21.38 acre area that was annexed and
platted as Lots 1, 2, 3, .and 4, Block 1, Mussell Corner Subdivision. In 2007, a preliminary plat of 17.84
acres was approved for Emerson Park Subdivision, which is a re-subdivision of Lots 1, 2, and 4, Block 1,
of Mussell Comer Subdivision; Lot 3, Block 1, Mussell Corner Subdivision where the feed store and
convenience store/fuel sales facility are located was not included in the Emerson Park plat. '
Although Lot 2, Block 1, Mussell Comer Subdivision was re-platted with the Emerson Park Subdivision
preliminary plat, the applicant states this lot will not be fmal platted with Emerson Park. This lot will
remain platted in Mussell Comer Subdivision. Also, this lot is not owned by Kung Victory, LLC, the
owners of the land to be fmal platted as Emerson Park; the lot is owned by Tim and Carol Mussell. For
these reasons, the applicant wishes for it to remain as part of Mussell Comer and be subject to the DA
provisions associated with Mussell Comer, not the proposed new DA.
If approved, the original DA and addendum will remain in effect for Lots 2 and 3, Block 1, Mussell
Corner Subdivision. The proposed DA will only apply to Lots 1 and 4, Block 1, Mussell Comer
Subdivision, preliminary platted as Emerson Park Subdivision.
Elevations: Yes No
Staff Recommendation: approval
Written Testimony since Staff Report: a-mail from applicant stating that they are in agreement
with the recommended DA language in the staff report, but noting that two of the preliminary
plat conditions have akeady been met.
Outstanding Issue(s) for City Council: none known.
Notes:
10/28/2008