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HomeMy WebLinkAboutFebruary 5, 2004 P&Z MinutesMeridian Planning & Zoning February 5, 2004 Page 2 of 64 Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. r Item 4: Public Hearing: PP 03-043 Request for Preliminary Plat approval for 11 commercial building lots 1 common lot on 15.8 acres in a C-G zone for Sparrowhawk Subdivision by David Waldron -northeast corner of North Nola Road and East Franklin Road: Item 5: Public Nearing: CUP 03-066 Request for a Conditional Use Permit for a modification to the existing Conditional Use Permit (Planned Development) for Sparrowhawk Subdivision by David Waldron - northeast corner of North Nola Road and East Franklin Road: Borup: Okay. Okay. I'd like to -- our first item is Sparrowhawk Subdivision. We have two hearings related to that and we'd like to open Public Hearing PP 03-043, request for preliminary plat approval for 11 commercial building lots and one common lot on 15.8 acres in a C-G for Sparrowhawk Subdivision, and CUP 03-066, Conditional Use Permit for modification to an existing Conditional Use Permit. I'd like to open both hearings at this time and start with the staff report. Hood: Thank you, Mr. Chair, Members of the Commission. The applicant has applied for a preliminary plat and a Conditional Use Permit planned development approval of 11 buildable lots and one other common lot on 15.8 acres of C-G zoned properly. The site is located on the northeast corner of Franklin Road and Nola Road. The Comprehensive Plan designates this site as commercial. To the north of this site, as you can see, there is an industrial subdivision with industrial uses. And, then, right on the corner there is an existing single family home in this location on this lot here, so this site kind of does this L-shape around that existing home. To the west of the site is a vacant C-G zoned property. To the south is single family homes here and there are some single family homes over in this area as well. To the east of this site is --and it doesn't show up here on this aerial -- the Foothills Apartments recently constructed. Within the 11 buildable lots the applicant is requesting conceptual CUP approval of 43,070 square feet of office space, 33,912 square feet of commercial space, 6,000 square feet of retail service space and 25,125 square feet for self storage units. The city has previously approved the zoning, a conceptual CUP for 12 commercial buildings i n a three lot commercial subdivision called Sparrowhawk for this site. The subject application is proposed to modify the previously approved CUP. As part of the planned development the applicant is requesting to defer construction of the required 35 foot landscape buffer along Franklin Road. The applicant is also requesting alternative compliance to the required landscape buffer along the north property line. I'll just briefly teach on both of those issues. Meridian City Code requires a 20 foot landscape buffer between an industrial use and a commercial use, usually provided by the higher intense use, in this case it would be an industrial use. T he industrial use has not provided that p rior to t he city having a landscape ordinance, so that makes this applicant the bearer of the 20 foot landscape buffer. They are providing a 15 foot buffer along that north property line here. Meridian Planning & Zoning Febiuary 5, 2004 Page 3 of 64 These are the storage units here and they have, as you can see here, some landscaping along that property line here and, then, the landscaping buffer adjacent to Franklin Road, the sRe has a considerable amount of frontage, including the frontage with the -- what was Lot 3 of Sparrowhawk, but they are asking that that -- those improvements be deferred. Staff is recommending -- it's outlined in the staff report -- that the applicant be granted be 18 months after the city engineer's signature on the final plat to put those construction -- to put those materials in -- landscape materials. And this is because Franklin Road, as you may know, is scheduled for roadway improvements by the highway district to be completed roughly in the next year or so and, then, that allows the applicant some time to do his grading on site as well without destroying some landscaping. The applicant is proposing to construct a couple of picnic benches just outside of the entrances as amenities for the planned development and staff also believes that the design is a little bit different and we believe that that should be a visual amenity, a design amenity, for this commercial development. You may have -- the parks department just drafted a memo, I believe it was two days ago, dated the 3rd, I believe, and they say that they need -- there would be 62 caliper inches of trees that need to be mitigated for on site. This is actually covered not specifically to the 62 inches, but it is a condition in the staff report. Condition number five o n page seven dges cover that. It generically states that any trees removed that are greater than four inches in caliper need to be mitigated for. So that is covered. If you'd like to make that more specific to add the parks caliper inches, that would be fine, too. And, then, just in the packet that I got today there is a letter from John Anderson, who owns that single family home I pointed out earlier in the northwest corner of this site and he was requesting in his letter that the subject applicant enter into a license agreement with the water users association of the Barker Lateral, Tap 42-48, prior to relocation of the piping of the Barker and that basically will just insure that the piping and relocation of that allows the water to flow during irrigation season and he just wants to have an eye on that and make sure that that -- that all the water is delivered. I went through the old - the staff report for Sparrowhawk One and this was not a site specific condition, but the city did adopt the recommendation of the Nampa-Meridian Irrigation District, which stated that -- excuse me -- that the Barker did cross this site and needed to be relocated in accordance with Meridian City Code. So, if you want to add some language to that one, that's fine, too. I just wanted to call your attention to that recently received letter. And, then, in the staff report we would like the applicant to clarify the ownership and maintenance of the pressurized irrigation system for the subject development. It states that the owner of the system is not the applicant, is the owner of the property, so just some clarification who is going to be owning and maintaining the pressurized irrigation system. And with that I believe that concludes staffs report and we are recommending approval of the subject application with the conditions outlined and that are before you. So, I will stand for any questions you have. Borup: Questions from the Commission? Zaremba: I have a comment. In the past when we make a motion regarding -- particularly approval of the thing and pass it on to the City Council, we always say including all staff comments, and I have always figured that that included the police Meridian Planning & Zoning February 5, 2004 Page 4 of 64 department and the fire department and the others, but I suppose it's been legally unclear whether those were included. To have them added into your report, as I see for the first time tonight in several others, that perhaps it's a new policy of our department, I think that eliminates any of the vagueness that we were previously leaving about whether or not the fire department's comments are included or the parks department's comments are included and I thoroughly support that new idea. I think it's a great idea to have them right in your staff report to include the comments of the other staff and departments and I congratulate you all for doing that. Powell: Thank you on behalf of my staff. I accept the nomination. No. I wanted to let you know why that is they ended up there and it's more than it would appear. We are now doing comments meetings - we are trying to do them before staff has to write their staff reports and we were able, I think on this one, to get representatives from the sanitation department -- or the sanitation service provider and from fire department -- at other ones we were able to get the school district there and we are still working on getting the police there. They will be there this next week, hopefully. So, we are meeting as a group looking these things over and deciding what the comments are as a group there, so that we can work together and hash out some of these issues before they get to you. Our hgpe is that we don't end up with last minute comments from one of the other agencies that we can't accommodate or haven't already accounted for in the staff report. So, it is -- we are meeting together and doing comments together. So, that's why they are in there. And you probably will start to see fewer department -- separate fire department letters, separate SSC letters, separate -- all of those. Unless there is a change from when we had our comments meeting, you probably won't see letters from them, they will just be folded into the staff report. Borup: Okay. Thank you. Any other comments or questions from any of the Commissioners? Would the applicant like to make their presentation? And it looks like there are probably very few questions that staff had, so if you'd like to go ahead. Waldron: M y n ame i s D avid Waldron. I 'm a t t he c urrent t ime t he p roject c oordinator. Dee Lynn is the sole owner of the property at this moment, so I'm here to present the concept and answer questions. I was asked to review and analyze the previous concept and perhaps, consider some improvements and this new concept does reflect the new ideas and, very generally, it was to back off of the density significantly. I think we went from about 130 some thousand square feet down to about 100,000 square feet. So, this is our new project. It's less rigid, less --less dense, like I said. Borup: For the audience, he's showing us the same thing that's up on the screen. Zaremba: And you do need to speak into the microphone if you would, though, please. Waldron: As can you tell, the office part of this is designed in a campus-type concept, which I feel is quite a bit more presentable from the street and will look a lot better. We have a lot more landscaping. We have almost twice the parking shown on this site that's required by the city. So, that's pretty much it in a nutshell. It's been through all the Meddian Planning & Zoning February 5, 2004 Page 5 of 64 details in the previous presentation and we are adhering to everything. Iwill -- Craig mentioned our request to delay construction of the berm for 18 months and that's simply to avoid us constructing it now and, then, having a lot of other construction damaging the landscaping, so it just makes sense to delay that and do it at a later time. I do want to point out that the original PD included the apartment project, which is under construction at this time, and so it's very likely that that will be finished sometime this late spring or summer. And one technical point is I think in the construction -- or in the development agreement t hat a xists c urrently, it's required t hat t his I andscaping b e i n place before they pull an occupancy permit and I have talked to the staff a little bit about this and I believe their feeling is that we could amend that in the development agreement, so that in the summer they could go ahead and complete their project, which would include the landscaping, and allow them to pull permits on that and as we are going to move forward with the construction. That's pretty much everything that I have. Borup: So, you said they would complete their landscaping before on that project? Waldron: Right. And I think that the developer is here if you have anymore specific gyestions. Borup: We will see on that. Then, Ithink --did you address the irrigation or -- Waldron: Yes. We are showing -- you will see on the preliminary plat drawing that we show the irrigation of -- pressure irrigation located in the berm and it will run the full length of our property in the -- Borup: No. I mean as far as ownership and also -- Waldron: The ownership initially will be Dee Lynn, who is the current owner of the property. Borup: 50, that will be specified in some other submittals? Waldron: Right. Borup: What was the other question I had on that? Oh. The comment on -- any comment Mr. Anderson's letter? Waldron: Yeah. This is the first I have heard of that. Borup: So, you have not seen a copy of that yet? Waldron: I have not. I guess my first reaction is I don't see a problem with it. Meridian Planning & Zoning February 5, 2004 Page 6 of 64 i Borup: Yeah. I think his concern was just that it mentioned there a hundred users -- I assume down line, downstream, that -- and they want to make sure that they will be coordinated and -- Waldron: Yeah. I understand that. Borup: Okay. Zaremba: Well, just for your knowledge, since you haven't seen it, he does emphasize that they want to make sure that they have water flow by March 15th. So, that whatever you need to do to tear the property up doesn't delay their water -- Waldron: March 15th of this year? Zaremba: Yeah. Waldron: I see. Borup: You want acopy of -- here is a copy of the letter. You, can keep that. Waldron: Yeah. I don't know if I can stand here and solve everything. I guess I need a little time to think this through. Borup: Well, I mean before March or after October. Waldron: Yeah. Zaremba: Well, just so you work around it, so that they are not prevented during their watering cycle. Waldron: Yeah. I think that's doable. I really do. Borup: Okay. Zaremba: I would ask a couple of questions if I may. Waldron: Certainly. Zaremba: Well, a comment first. I personally agree with the idea of not doing the Franklin Road landscaping until the highway district is done and you're graded and stuff like that. I think that's very wise and supportable as an amendment or adjustment or waiver or whatever we call it. Second, since ACHD has the policy of not having a new roadway tom up for five years, is it your anticipation that you will try and connect to water and sewer and get them in there before they finish their road surfacing? Waldron: Yes. Yes. Meridian Planning & Zoning February 5, 2004 Page 7 of 64 Zaremba: Okay. Then, the last piece from the last hearing -- and maybe this has gone away, but if this is the John Anderson property -- Waldron: Correct. Zaremba: --one of his concerns -- there was a plan to have a pathway along here. One of his concerns was that that pathway be moved away from his fenceline to help him with privacy. I don't at the moment see any pathway at all. Has that been eliminated or -- Waldron: Yes, it has. Zaremba: Okay. So, his privacy issue is satisfied by not having any pathway. Waldron: Right. Zaremba: Now, was that pathway a city requirement or is that going away? Hood: Mr. Chair, Members of the Commission -- Zaremba: Ikind of dumped that on you quickly, didn't I? Hood: That's all right. And I was going to recall and I -correctly. There is a sidewalk -- it's not a pathway necessarily, but there is a five foot walk that ties into the Nola Road sidewalk in an east-west direction. There isn't one that goes north-south and around, but there is a sidewalk on this plan. Zaremba: The one you're pointing out, though, has all of the landscaping behind - Hood: Yeah. It's not right adjacent, there is landscaping in between. Correct. Zaremba: Was there a requirement to have a pathway through there? Hood: And I believe the previous requirement was -- it was part of the amenity for the previous PD, which this is amending that requirement, so -- Zaremba: Good. I'm satisfied. Rohm: So, are the amenities being addressed? Are there enough amenities in this proposal to satisfy staff? Hood: Staff is satisfied, yes. Rohm: Thank you. Meridian Planning & Zoning February 5, 2004 Page 6 of 64 Borup: Okay. Anyone else have any other comments? Thank you, Mr. Waldron. Do we have anyone else who would like to testify? Come on up. Cullen: I m ay b e a ble t o c larify t his a l ittle b etter for you. J ohn A nderson -- I'm Rod Cullen. I'm sorry. 1821 East Franklin Road. John Anderson had me come in his behalf, because he's on vacation, and his main concern with the irrigation is that we were told at another meeting that we came to, I and John also, that he was to review all the plans on the irrigation and he has never received those. Borup: I think it's probably because they are not completed yet. Cullen: Yeah. And he's never been involved in anything up to this point and I think the reason being is because the owner of said property, we have fought with irrigation for the past ten years that she's owned the property trying to keep water flow through that area, so we have a real big concern about that. And that was one of the main concerns. And I do have this letter and I can give it to whoever -- Borup: We have got copies of it. Cullen: You have got copies of it? Okay. And that's my main person, because I live just straight across the street from this development. Right here. And our home is right here and he is right next door also. I live right here at this property and Arnold Burr is right here. He came in with me also. We came to another meeting previously that they were going to develop this property next to me and this has water that flows across this area that waters my whole bottom piece of ground. Well, I haven't had water on that for a year now that they have started doing the work over here. So, we are really concerned to make sure that we have irrigation on this other, too. And I know this is going to be a different deal and I'll address it as it comes. But that shows our concern on this other area. Zaremba: I'm not understanding -- I can understand how John Anderson's water would go through this property, but you're saying your water delivery comes through this property? Cullen: Yeah. What happens is the water comes across here through this whole property all the way down through here, it feeds over into John Anderson's place here and it comes across the road here and feeds all this area. Zaremba: I see. Cullen: This has also being fed through Greenhill Estates and they have water that comes down and goes into another ditch here and that ditch is fed through this whole area here that was runoff, it fed this whole bottom piece of my ground, and they just shut that water off and they dumped it straight down into the Five Mile Creek now, so I don't have any water coming to this lower piece of my ground. So, I'm concerned, obviously, about this other. I can still feed water down through here, but I'm going to Meridian Planning & Zoning February 5, 2004 Page 9 of 64 have to build it up and put in piping and everything now because of that. And this is Ron Osborn's property and I will discuss that with him later, but that's just to give you an idea of what we are dealing with. Zaremba: The water that feeds the front of your property comes through this property? Cullen: Absolutely. Absolutely. And Amold Burr also. Right here. It feeds all this ground. Everything here. Plus John Anderson's over here. So, it was original Barker Lateral that watered all the Barker place here. They took out the pond that held water for irrigation and that's where they built that right over here that they are putting in that apartment complex, that used to be a pond that is all part of that irrigation, they just took it out. That's pretty much all I have. Borup: Okay. Any questions? Okay. Anyone else? Come on forward Cook: My name is Darrin Cook, I'm here representing the developer and the owner of the Foothills Apartment complex that is just to the east of the parcel that we are talking about tonight. I can clarify a couple of issues that have been raised. I can tell you that through the subdivision covenants that have been recorded for the Sparrowhawk Subdivision as a whole, we are going to install, maintain, and own the landscape buffer that's in front of our parcel that fronts Franklin. So, the remainder of that, as Mr. Waldron represented, will be Dee Lynn's responsibility for now, but I would envision that transferring to, you know, whatever entity that she sells the parcel to ultimately. I do wanttolettheCommissionknowthatl am heretonightinsupportofMr. Waldron's request. We have been working diligently with the City of Meridian and ACHD on the Franklin Road improvements, not just in front of our parcel, but the balance of this, and it really does make a lot of sense to defer the improvement of this landscape buffer to such time as the road, the sidewalks, the curb and gutter and so forth are in place, as well as Mr. Waldron's request, you know, for the development of the parcel as well, as it is all comes together it becomes an integral part of the construction of these improvements as well. I do have two specific items that I feel to need be addressed tonight by the Commission in the amendment of this Conditional Use Permit as it exists. The first would be in the original development agreement and the Conditional Use Permit -- and Iquote -- and this is coming from page 13 and I can certainly get this to the staff, but one of the City Council comments that came about in conditional use after the Commission referred it, it says: As part of the original development agreement, annexation, and the preliminary plat, the requirement shall be to construct all the perimeter landscaping prior to any occupancies on this site, which will include, down to Nola Road, the 35 foot landscape setback. So, my concern is, in fact, that I have the apartments constructed and ready to occupy by July and because of the deferral -- you know, this t8 months, these landscape improvements are, in fact, not in place, which means that I cannot pull my occupancy permits. Borup: I think that's what -- Mr. Hood was referring to that, that that could be amended in the development agreement. Meridian Planning & Zoning February 5, 2004 Page 70 of 64 Cook: Right. I just wanted to make sure that we are all on the same page. Borup: And that would be the intention. Sure. Cook: The second item that I would point out to the Commission is part of the original preliminary p lat. I t w as p roposed t hat a s ix f oot c edar f ence w as c onstructed o n t he boundary of the original Sparrowhawk Subdivision, which included Lot 1, Lot 2, and Lot 3.AspartofMr. Waldron'sproposal,l thinktheyarechangingthewood fencetoa chain link fence for the portions of the property line that don't have a fence constructed there. I would also just ask that going into this that we are all in agreement that the chain link fence is acceptable, in lieu of the wood fence, because of long term -- mostly because of long-term maintenance issues. We are proposing to construct our portion of that fence, so that it's neat and it's clean and -- you know, and it will stand for a much longer period of time than perhaps the wood fence would and that is, actually, an integral part of Mr. Waldron's proposal. I just want to make sure that it's all out there and that we are -- that we are discussing it and, you know, we know where we are proceeding from here on out. The last clarification, just for your information, I have constructed as of today all of the water improvements, including stubs to the other lots that are part of the Sparrowhawk Subdivision. So, the infrastructure is there. We are currently constructing the sewer line. The concern of utilities coming in later after ACHD has widened the road has actually been addressed and, to my knowledge, I think that my office and the city's office are all on the same page there. So, thank you for your time and, once again, I just want to reiterate that Mr. Waldron's proposal does make a lot of sense coming from my perspective. Borup: Okay. Any questions for Mr. Cook? I might mention the staff report did mention that, the proposed chain link fence. Do we have anyone else that would like to come forward? Seeing none, Commissioners? Any final comments from the staff? Okay. Zaremba: I don't know if we need a clarification on the --the issue of Barker Lateral Tap 42-48. It's always a rule that they must deliver the historic water where and when and in the quantities. Do we need to ask for any additional agreement on that? Borup: Probably the only thing that's different from normal is Mr. Anderson wanting to review the plans. Zaremba: I d o remember that subject coming up a nd I don't remember whether it -- whether it was a gentlemen's agreement or whether it actually got into the development agreement that he would have input to it. Hood: Mr. Chair, Members of the Commission, I look at -- after receiving that letter from Mr. Anderson, as well as Nampa-Meridian, excuse me, this is not one of their laterals, so Mr. Anderson is the water master and secretary of the Barker Lateral Users Association or whatever the name is, so he will be reviewing that, I believe, when that happens and in Nampa-Meridian's letter they request -which you will adopt. This kind of goes to what you were talking about earlier -- with your motion you usually adopt all Meddian Planning & Zoning February 5, 2004 Page 11 of 64 of staffs comments and agency comments. So, in that agency comment from Nampa- Meridian, it does require them to -- you know, they can't stop delivery of water during irrigation season and the same, you know, inches -- miner inches of water need to be delivered as previous prior to development and those type of things. So, the previous approval on this site did not specifically say John Anderson has to review the plans, but it did say that all the irrigation relocation and tiling thereof needs to be approved in accordance with Meridian City Code, which requires, you know, other review. Zaremba: And that would bring him into it? Hood: Exactly. Zaremba: Okay. Not that it's particularly relevant, but there is a John Anderson that works for Nampa-Meridian. Is it the same person? Okay. So, he would know. I guess my only other question would be of staff. According to our Ada County Highway District notes, they are not actually planning to bring this before the commission -- their commission until February -- oh, February 28, 2001? Borup: Yes. Zaremba: Oh. Okay. Never mind. So, they have seen it, they know what they are doing, ACHD i sn't g oing t o make any o bjections t o t his. O kay. T hat b eing t he c ase, I have asked all of my questions. Borup: Anything else? Okay. I think we still have -- Zaremba: Mr. Chairman, I'll move that the Public Hearing on these two items be closed. Mathes: Second. Borup: Motion and second to close the public hearings. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Borup: It doesn't sound like we have got any changes to the staff report, do we? Zaremba: I don't believe so. There was one item noted, which I did note, and I'm trying to find now where that went. Rohm: On page seven. Zaremba: Yeah. Page seven. Borup: On the irrigation? Zaremba: On the parks department. Meridian Planning & Zoning February 5, 2004 Page 12 of 64 Borup: Oh. On the tree mitigation. Zaremba: Yes. Okay. In that case, I believe I'm ready. Mr. Chairman Borup: Okay. Zaremba: I move we forward to the City Council recommending approval of Item 4 on our agenda, PP 03-043, request for preliminary plat approval for 11 commercial building lots, o ne c ommon I ot, o n 1 5.8 a Gres i n a C -G zone for S parrowhawk S ubdivision b y David Waldron, northeast corner of North Nola Road and East Franklin Road, to include all staff comments of their memo for the hearing date of February 5, 2004, received by the city clerk Febnaary 2, 2004, with one minor amendment. On page seven, paragraph five, the second bullet, add a sentence on the end of that that says refer to Meridian Parks and Recreation letter of February 3, 2004, written by Elroy Huff, regarding mitigation of 62 inches of -- 62 caliper inches of trees. End of motion. Rohm: Second. Borup: Motion and second. All in favor? Any opposed. MOTION CARRIED: ALL AYES Borup: I'm sorry, did you do both of them? Zaremba: No. I only did one, but you didn't say whether it carried or not. Motion carries? Borup: Motion carries. Zaremba: Thank you. Mr. Chairman, I move we forward to the City Council recommending approval of Item 5 on our agenda, CUP 03-066, request for a Conditional Use Permit for modification to the existing Conditional Use Permit planned development for Sparrowhawk Subdivision by David Waldron, northeast corner of North Nola Road and East Franklin Road, to include all staff comments of their memo for the hearing date of February 5, 2003, received by the city clerk February 2nd -- I'm sorry. 2004. Received by the city clerk February 2nd, 2004, with no changes. Rohm: Second. Borup: Motion and second. All in favor? Any opposed? And motion carries. MOTION CARRIED: ALL AYES. Item 6: Public Hearing: PP 03-045 Request for Preliminary Plat approval of 18 building lots and 3 other lots on 5.7 acres in an L-O zone for proposed