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HomeMy WebLinkAboutJanuary 15, 2009 P&Z MinutesMeridian Planning & Zoning Commission January 15, 2009 Page 31 of 37 appropriate findings document to be considered at the next Planning and Zoning Commission hearing on February 5th, 2009. End of motion. Marshall: Second. Moe: It's been moved and seconded to approve CUP 08-031 as modified. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 7: Public Hearing: PP 08-011 Request for Preliminary Plat approval of 17 commercial lots on approximately 8.7 acres in a C-G zoning district for Trade Plaza by Trade Plaza Subdivision Development, LLC -Northwest Comer of Meridian Road and Corporate Drive: Moe: Let's see, we want to take about a 30 minute break. At this time I'd like to open the public hearing for PP 08-011 for Trade Plaza and start with the staff report, please. Canning: Chairman Moe, Commissioners, this is the Trade Plaza Subdivision project. It's located on the northwest comer of Meridian Road and Corporate Drive. The application before you tonight is a preliminary plat. The preliminary plat consists of 17 commercial building lots on approximately 8.7 acres and currently the applicant has submitted an alternative compliance application requesting a reduction of the 20 foot wide landscape buffer along the southern boundary of Lot 4, Block 1, of the proposed subdivision. And I have to confess I didn't look up the numbers and there is no way I can read them right now, so you might ask the applicant for some more detail on that issue. I apologize. Adjacent land uses to the north include the Troutner Park Subdivision and John's Auto Care, zoned C-G. To the east are commercial restaurants, zoned C-G. To the south is a storage facility, zoned C-G. And to the west is an unimproved parking lot and office building zoned C-G and L-O. The Comp Plan designation is commercial and this is consistent with the Comprehensive Plan and it does comply with the UDC as well. This property may look familiar and that's because on September 18th, 2008, the Planning and Zoning Commission heard this item and recommended approval to City Council. One of the conditions related to that was the extension of Corporate Drive and the owners weren't comfortable with that, so prior to the City Council hearing the applicant withdrew the application. This is the landscape plan. Yeah. That's all we have. The staff report mentions elevations. We had previously seen some elevations of the existing credit union for information purposes -- not the existing, but the proposed. The same plans are now proposed. We thought they could be presented to you tonight. The applicant was not able to get those. However, the Planning Commission will be able to review those when that comes in for a Conditional Use Permit. They do require a Conditional Use Permit, because they want to have adrive-thru and it's close to all the drive-thrus on the other side of the street. So, it kicks in for a Conditional Use Permit. So, you will see those. So, you don't have elevations tonight, but staff is comfortable with that fact if the Planning Commission is comfortable with that. So, the outstanding issues for the Commission is Meridian Planning & Zoning Commission January 15, 2009 Page 32 of 37 the -- the larger question is should Corporate Drive be extended the full length of the property now or is it okay, as the applicants have proposed, to be constructed in two phases current with plat phasing and development. Also, the applicant's engineer had responded to the staff report and I believe you got that a-mail communication or memo and based on the issues raised in that, staff is recommending a couple changes to the condition of approval 1.1.1 and those are bulleted items. But the first is the one -- I think it's the third bullet with regard to across-access easement and I have provided some underline and strike-out language in your intro sheets that we have provided. We are suggesting that the bullet read: As necessary, across-access easement shall be recorded via a recorded document and/or a note on the final plat to insure that all lots within the subdivision have direct access to the public street system. So, all we are saying is that if you -- if you move lot lines around such that someone doesn't have direct access to Corporate Drive or to the street in the center of the plat that you would need to provide cross-access for those properties. The second one is just one just clarifying the status of any unplatted portion and it just says the building permits will be issued -- no building permits will be issued for the unplatted portion until subsequent final plat or plats are recorded. So, that's just a -- to clarify the status of that unplatted portion. I did run those by the applicant and he was fine with both those changes. As I mentioned before, we did have the applicant's response to the staff report and staff is recommending approval and with that I'll answer any questions the Commission may have. Moe: Okay. Any questions of staff at this time? O'Brien: Mr. Chair, I just had one question. And it's -- hopefully, this isn't way out of line on it, but it has to do with the Waltman Land -- the Waltman project. I remember we were talking about in order for that to go forward they would have to build out Corporate Drive to connect that project. Is this -- now, phase two, who knows when that might be built out, but will this affect everything beyond that phase one now? Is that going to affect the project and -- that we had talked about last year? Canning: Chairman Moe, Commissioner O'Brien, yes and no. The extension of Corporate Drive that was discussed during the Waltman hearings is this section right here. So, this portion is already built. The extension needs to come through here to hit these properties to the south. Right now they do have the ability to go out West 5th and to get out that way and also to come up to Penwood Street. So, this -- this connection is at corporate through here. So, there is a redundant street system at Penwood to provide full access. So, it's not critical. This was the critical component. O'Brien: Thank you. Appreciate the overhead. Moe: Any other questions? Would the applicant like to come forward? Barry: Mr. Chairman, Members of the Planning and Zoning Commission and staff, thank you for the opportunity to come here today. First off -- Meridian Planning & Zoning Commission January 15, 2009 Page 33 of 37 Moe: Name and address, please. Barry: My name is Art Barry. My address is 4804 Roberts Road in Boise and I am the owner of the LLC that owns Trade Plaza, phase one, the property to the east of this two phased project. In response to staffs question, I was delivered this afternoon the elevations for Ida-Div, the building on the corner, which are in preliminary proposal state and if -- if staff and the chairman would appreciate receiving these, I'd be happy to distribute the only copy I have now. Moe: We'd like to see that. Newton-Huckabay: Can we take a copy of it or -- Canning: I can put it up on the overhead. Barry: Since this is one of the open elements that was asked to be addressed that was out of our control, because the -- that portion of the project is being provided by Ida-Div and Tom Zabala, their architect, I hope you will find in the subsequent photos that they are consistent with a modem, high quality, gateway entry building to the -- on Meridian and Corporate and will be consistent with what we plan for the remainder of the center. Secondly, myself and Mr. Perez and Mr. Sargent, the owners of phase two, concur and agree with the amendments proposed by staff in relationship to access and cross- access and would cooperate any way we can to effectuate that easement goal. And other than that, we concur with the recommendation of staff and ask for approval. Moe: Okay. Any questions of the applicant? Newton-Huckabay: I have none. O'Brien: I have none. Moe: Okay. Thank you very much. Barry: Thank you. Moe: No one else signed up. I don't think -- they don't want to speak either tonight, I guess, so, Commissioners, what do you think? I guess what I would say is I am glad it came back, made the changes -- I mean I understand, you know, why they can't develop at all. I'm glad to see the fire department and police department have signed on -- onto the way it's been set up, so I would concur with staff, I could approve this. Any other comments from any of the Commissioners? O'Brien: Want to close the public hearing? No? Meridian Planning & Zoning Commission January 15, 2009 Page 34 of 37 Newton-Huckabay: Mr. Chair, I have a question. So, that -- that was the only -- I was trying to figure out last night when I was reading through this again. The road is really the only significant difference that we are -- Moe: That is correct. Newton-Huckabay: Okay. Moe: Pretty much. Newton-Huckabay: Okay. I thought, wow, I must really be missing -- okay. Moe: At least you did your homework. That's good. I recommend or - Newton-Huckabay: Mr. Chair, to close the public hearing on PP 08-011. O'Brien: Second. Moe: It's been moved and seconded to close the public hearing on PP 08-011. All those in favor say aye. Opposed? MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Anna, would it just suffice -- I'm not -- I don't think anybody here wrote down those changes, so just as long as they note the changes. Newton-Huckabay: I have them right here. Moe: Oh. I'm sorry. Excuse me. Canning: They should be on your cheat sheet that you got earlier today. Yes. Moe: I didn't get one of those. Newton-Huckabay: Well, I will make the motion. Mr. Chair? Moe: Commissioner Newton-Huckabay. Newton-Huckabay: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number PP 08-011 as presented in the staff report for the hearing date of January 15th, 2009, with the following modification. Under condition of approval 1.1.1, bullet number -- the second bullet related to cross -- cross-access will be changed to read: As necessary across-access easement shall be recorded via a recorded document and/or note on the final plat to insure that all lots within the subdivision have direct access to the public street system. And, then, Meridian Planning & Zoning Commission January 15, 2009 Page 35 of 37 believe this is a fifth bullet in 1.1.1. No building permits will be issued for the unplatted portion until subsequent final plat or plats are recorded. End of motion. Marshall: Second. Moe: It's been moved and seconded to approve PP 08-011 with the modifications as noted. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 8: Election of Officers: Moe: Next item on the agenda would be the election of officers, since it is the new year. I have -- I have served one year as chair. I don't mine serving a second, 'but if there is someone that just would love to do it, nominations are open for the chair. Newton-Huckabay: Can we vote on offices with only four of us here? Marshall: Usually I thought the person not here was the one that ended up getting elected. I thought that was the way it was supposed to be done. Baird: Mr. Chair, Members of the Commission, it's like any other matter, ~if you have got a quorum -- Newton-Huckabay: We are okay. Baird: -- you can certainly move forward, but as Commissioner Marshall points out, those are absent at their peril. Moe: He's already had enough peril on his motorcycle, so -- so, as I said, the nominations are open for the chairman. Marshall: Mr. Chair, I would like to nominate you for the chair. O'Brien: Second. Newton-Huckabay: There you go. Moe: Are there other nominations for chairman? Okay. There you go. Newton-Huckabay: What sense is that making? O'Brien: Mr. Chair, what about vice -- vice-chair? Marshall: Well, we have got to vote on chair first.