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HomeMy WebLinkAboutOctober 2, 2003 P & Z CommMeridian Planning and Zoning Commission Mee[ing October 2, 2D03 Page 2 of 71 Borup: Okay. The next item would be approval of minutes from the September 18tH meeting. Centers: Mr. Chairman, I'd like to make a motion to approve the minutes of the September 18th meeting. Mathes: Second. Borup: Motion and second to approve the minutes of September 18`h. All in favor? Any opposed? MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Public Hearing: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler (Dealy Parcel) by BRS Architects - southeast corner of East Ustick Road and North Eagle Road: Borup: The next item is Public Hearing AZ 03-022, request for annexation and zoning of five acres from RT to C-G zones for Kissler (Dealy Parcel) by BRS Architects. I'd like to open this hearing at this time and start with the staff report. Hawkins-Clark: Good evening, Chairman, members of the Commission. This item is only an annexation and zoning request. There is no development application that's associated with it. To orient you, there are two properties currently in Ada County, both have RUT zoning, one with the frontage on Ustick Road is about 1.1 acres and, then, the second parcel is about 3.8 acres, a total of about five acres. As noted in our staff report that was dated October 2nd and transmitted on September 25th, the property is adjacent to the Kissler annexation that you reviewed a few weeks ago. That annexation request the P and Z Commission did approve it. The City Council will be acting on that in about two weeks. Centers: And, Brad, that would be right there? Hawkins-Clark: Correct. Right. Then, the second application that is also in the pipeline right now is this parcel here that's kind of triangular shaped that there is, as you can see, some adjacency there as well. This parcel is, I think, about 23 acres in size and was part of the Red Feather Estates No. 2 project, which is going to be before you in two weeks. The zoning that was requested on the Kissler property, on the Bryson parcel, and on this, is all C-G. The Comp Plan designates it as mixed use regional and we have -- staff has -- considers the C-G to be a zone that fits within the mixed use designation on the Comp Plan and does conform to that. I did want to point out as well that the -- if the City Council does not approve the 18 acre Kissler annexation, which is also combined with the six parcels over here, then, this parcel tonight would not have adjacency and it would just have to be withdrawn. I did note that in the staff report. I analyzed -- provided some analysis of the findings for you in the staff report. Generally, we do find that the annexation request meets the required findings there. We have -- Meridian Planning and Zoning Commission Meeting October 2, 2003 Page 3 of 71 since the intent here is for the development to be done together with the Kissler. As you might have noticed, we basically requested similar conditions, almost verbatim, on this Dealy parcel as we requested and as you approved on the Kissler annexation. Seeing if I can -- here is an aerial. As you can see, there is one existing residence that has the Ustick frontage and, then, the 3.8 parcel is mainly just pasture land on the south end. It's not shown on this aerial very well, but there is a -- about a 400 square foot parcel that Intermountain Gas Company owns, that is here on the northwest corner and we did ask the applicant to try and contact Intermountain Gas and see if they could be incorporated into this annexation, so we could avoid that out parcel. The last I heard that there had not been a return phone call from Intermountain Gas, so I don't know if we are going to hear about that tonight, but I would ask the applicant to address that. Other than that, I think we have the four recommended conditions on the annexation that they enter into a Development Agreement, that all future uses have a Conditional Use Permit. Then, the final thing I'd point out is I think the tie to the development agreements. Obviously, we have eliminated any recommendation that there be some kind of frontage road on this annexation, since it doesn't have adjacency to Eagle Road. Other than that, I think probably the main points that might be up for discussion tonight is the -- whether a conceptual plan should or should not be required with this property and the Kissler property before they can come in with a Conditional Use Permit. Obviously, the impact on that is if you do choose to approval and the City Council annexes the property, they could straight in with a Conditional Use Permit to the city without showing how this five acres would work as a whole with the other 18 acres. We think there is some value in -- at such a critical corner of the city, to see a master plan and how they are going to get connections in there, since it's a fairly narrow parcel. I think that's all staff has to offer at this point. Borup: Any questions from any of the Commissioners? Would the applicant like to make their presentation? Suite: Thank you, Mr. Chairman, members of the Commission. Billy Ray Strite, 1010 Allante, Boise, Idaho. I'm here on behalf of the Kissler Dealy application obviously, in support. I think I'll make it very short. I think the staff has done an excellent job. I think it's, quite frankly, exactly what you saw -- I believe it was three weeks ago and without any adieu, I guess it was Yogi Bear who said it's deja vu all over again. I will suggest that I think that a conceptual plan at this particular point in time is a little premature. That I strongly believe that the DA could be containing solely the fact that Conditional Use will be imposed on any and all uses, as well as perhaps even defining the particular uses in a C-G zone, which can or cannot -- which would or would not be available and certainly compatible with the neighborhood. Borup: Mr. Suite, let me ask you a question while you're on that, then. Is it intended that these five acres would be developed with the other parcel, the other Kissler parcel? Suite: Mr. Chairman, most definitely this ground has been purchase by Mr. Kissler. Meridian Planning and Zoning Commission Meeting October 2, 2003 Page 4 of 71 Borup: So, whatever development is done there, it's going to be a total development with this parcel included with the other? Strite: That is correct. I think it's obvious to see and I think the staff would agree that the configuration of this site would make it extremely difficult to develop on itself, so having said all that, I would be happy to entertain any questions and I'm sure Commissioner Centers will have one, so I'm ready. Borup: Any comment on that out parcel? Strite: Yes, sir. Oh, I do have a comment. I spoke to Brent Wilde today, Intermountain Gas, and they believe that that's there on an easement, that it is, in fact -- that it is not, in fact, a legal lot of record. Unfortunately, I was unable to get back to Brad and I do not have the documentation that would show that, but I certainly agree with staff that that will have to take place and we are prepared to do that prior to City Council. Borup: Questions from Commissioners? Centers: No. I tend to agree with you, Mr. Strite, that that parcel would be very difficult fo develop on its own. I think staff probably recognizes that and, then, conceptuals are nice. However, they seem to change a lot by the time they get to this point, so that's my feeling. Strite: Thank you. Centers: Thank you. Borup: Anyone else? Okay. Strite: Thank you. Borup: Do we have anyone else to testify on this application? Seeing none, Commissioners? Centers: Mr. Chairman, I would move we close the Public Hearing. Mathes: Second. Borup: Motion and second to close the Public Hearing. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Centers: Mr. Chairman, I would like to make a motion that we recommend approval for item four on our agenda, AZ 03-022. It's a request for annexation and zoning of five acres from RT to C-G zones for Kissler (Dealy Parcel) by BRS Architects at the southeast corner of Ustick Road and North Eagle Road, including all staff comments Meridian Planning and Zoning Commission Meeting October 2, 2003 Page 5 of 71 and most specifically the special note regarding the applicant's continuing -- continuance of trying to nail down the Intermountain Gas out parcel. End of motion. Mathes: Second. Borup: Motion and second. Any discussion? Are we assuming that we are in favor of tying the Development Agreement together with the -- Centers: Yes. That was included in staff comment. Borup: Okay. All in favor? Any opposed? Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT Item 5. Public Hearing: CUP 03-044 Request for a Conditional Use Permit for a Planned Development in a proposed C-G zone for proposed Silverstone Business Campus by Sundance Investments -southeast corner of East Overland Road and South Eagle Road: Borup: Next is item five, Public Hearing CUP 03-044, request for a Conditional Use Permit for a Planned Development for a proposed C-G zone for proposed Silverstone Business Campus by Sundance Investment. I'd like to open this hearing at this time and start with the staff report. Hawkins-Clark: Chairman Borup, members of the Commission, this item is a Conditional Use Permit fora Planned Development. The property was formally annexed, I believe, just last week. It's located here on the south side of Overland Road about a quarter mile east of Eagle Road. There are three parcels involved and the Preliminary Plat that this body approved and the City Council approved last week does propose to create 49 new lots that would have a C-G zone. The red that is in Silverstone Corporate Center currently is also C-G. They have a split zone in Silverstone Corporate Center. They are not proposing a split zone here. They were annexed with the full 80 acres being C-G. Just to remind you that the parcel does have the Eight Mile Lateral that is here on the northern quarter of the parcel. The Preliminary Plat was approved with -- on the south side about a 3,500 foot long, 10-foot wide, multi- use public pathway and they have plans and are moving ahead with that, as well as the plat. My understanding is they have had -- continue to have negotiations with the Corps of Engineers and the Highway District on the parcel that's shown here in red, which the Highway District owns, being shifted to the west to be located more centrally here. What they are proposing tonight with this Planned Developmental, the Development Agreement that was required with the annexation basically put all of the uses in terms of what uses will be permitted in this project, basically deferred any discussion of those uses until this application. The development agreement required that they come in with a Planned Development. There was several discussions between staff and the applicant and, clearly, they did submit that. So, the main reason for this application to be before you, I think, is really to talk about the uses and as you may have seen in the