Loading...
2014 09-04Meridian planning and Zoning Meeting September 4. 2014. Meeting of the Meridian Planning and Zoning Commission of September 4, 2014, was called to order at 6:00 p.m. by Vice -Chairman Steven Yearsley. Present: Commissioner Scott Freeman, Commissioner Steven Yearsley and Commissioner Patrick Oliver. Members Absent: Chairman Joe Marshall. Others Present: Machelle Hill, Ted Baird, Justin Lucas, Bill Parsons, and Dean Willis. Item 1: Roll -Call Attendance: Roll -call X Steven Yearsley X Patrick Oliver Vacant X Scott Freeman Joe Marshall - Chairman Yearsley: Good afternoon. We'd like to call to order the regularly scheduled meeting of the Planning and Zoning Commission for September 4th, 2014. Let's begin with roll call. Item 2: Adoption of the Agenda. Yearsley: Thank you. At this time we have no changes to the agenda. Can I get a motion to adopt the agenda? Freeman: So moved. Oliver: Second. Yearsley: I have got a motion and a second to adopt the agenda. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 3: Consent Agenda A. Approve Minutes of August 21, 2014 Planning and Zoning Commission Meeting B. Findings of Fact and Conclusions of Law for Approval: CUP 14-011 Fit Barre by Wade Pilling Located 4795 N. Summit Way, Ste. 130 Request: Conditional Use Permit Approval for an Meridian Planning & Zoning Commission September 4, 2014 Page 2 of 9 Indoor Recreation Facility (Dance/Fitness Studio) in an L -O Zoning District Yearsley: Next on the agenda is the Consent Agenda. On that we have the approval of the minutes of August 21st, 2014, Planning and Zoning Commission meeting and also the Findings of Fact and Conclusion of Law for approval of CUP 14-011, Fit Barre. Can I get a motion to approve the Consent Agenda? Freeman: So moved. Oliver: Second. Yearsley: I have a motion and a second to approve the Consent Agenda. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Yearsley: Before we go onto the Action Items I kind of want to explain the process that we are going to have here today. We are going to open -- since we have three items, but they are all the same project, we are going to open all three of them concurrently. We are going to ask for the staff report. The staff is going to give us their analysis of the project and their recommendations for approval. At that point we will have -- the applicant will be able to come forward and state his case for approval and he will have up to ten minutes to address us to state his -- the project. After that we will open it up to the public. The public will be given three minutes to testify, stating their concerns. After the public has had their chance we will ask the applicant to come back up to answer any of the questions that came up from the public and they will be given 15 minutes at that point. At that point we will close the public hearing and at that -- then we will -- we will decide and deliberate and, hopefully, make a recommendation for this. Item 4: Action Items A. Continued Public Hearing from June 19, 2014: RZ 14-003 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Rezone Approximately 3.42 Acres from L -O (Limited Office) and R-15 (Medium High -Density Residential) Zoning Districts to the C -C (Business Community) Zoning Districts B. Continued Public Hearing from June 19, 2014: PFP 14-001 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Preliminary / Final Plat Approval of Three (3) Commercial Lots on Approximately 2.61 Acres in the Proposed C -C Zoning District Meridian Planning & Zoning Commission September 4, 2014 Page 3 of 9 C. Continued Public Hearing from June 19, 2014: CUP 14-002 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Conditional Use Permit for the Following: 1) A Drive-Thru Establishment Within 300 Feet of a Residential District AND 2) Extended Hours of Operation in Accord with UDC 11-2134 in the Proposed C -C Zoning District Yearsley: So, with that I would like to open the public hearing for RZ 14-003, PFP 14- 001 and CUP 14-002, Kinsley by D.L. Evans Bank and let's begin with the staff report. Parsons: Thank you, Mr. Chairman, Members of the Commission. This project comes to you -- has been continued for quite some time, since the April 17th hearing. I am pleased to report that the applicant did renotice -- or repost the site prior to -- ten days prior to this public hearing this evening, so there has been adequate posting and notification to the adjacent neighbors this evening. So, I at least wanted to pass that along to you. The application here is -- is here tonight to discuss a combined preliminary/final plat, a rezone of this property from the L -O and the R-15 zoning district to the C -C zoning district and, then, a conditional use permit for one drive-thru use and the other request is for extended hours of operation on this site. This property has been annexed and zoned into the city since 2001 when it was called the Valerie Heights Subdivision. At that time it was envisioned as office and multi -family. In 2004 another developer picked up this property and amended the planned unit development and constructed a portion of the development, which you see here in the aerial, which is known as the Sommersby Development and it has developed with multi -family four-plex units. This parcel was always envisioned to be part of this piece and that's why we have it L -O and R-15. We have the current zone as it is today. The original vision for the site was to be three -- a few additional multi -family units here along this boundary and, then, eight office buildings that would front on Pine and Ten Mile and so this evening with a rezone and the platting, the applicant is asking to rezone this property to the C -C zoning district because of the current land use designation on this property of mixed use community and that's the typical zoning that we see for this. So, as we always discuss or explain to you with a mixed use development we always look for a blend or mix of uses to interrelate to one another and because this was always part of that larger picture of the multi -family and we have other residential and other commercial in the area, staff feels it is appropriate to have this neighborhood commercial next to the multi -family along of course Pine, a major arterial, such as planned in Ten Mile as well. As I mentioned in the staff report. This site will consist of three commercial lots. One will develop with a bank with a drive-thru and, then, the two other lots you see here, two other structures on this concept plan, are conceptual at this time. So, there really is no development proposed for that, they are merely just platting that and kind of getting with the concept plan, because we are changing the zoning on the property, we want to make sure that we have a viable concept plan as we amend the development agreement going forward before City Council. Because this is a combined preliminary/final plat, we are actually looking at not only the preliminary plat, but also the final plat and so this site has minimum landscape requirements as we Meridian Planning & Zoning Commission September 4, 2014 Page 4 of 9 propose to you in our commercial districts, so the only required landscape buffer under the UDC would be the 25 foot wide landscape buffer along Ten Mile Road and Pine and those will be installed with the subdivision improvements, not with the development of the bank. Here is a blown up version of the concept plan slash site plan for the bank site. As I mentioned to you, these two lots are speculative, but this is the -- portion of the site that we did analyze with the CUP as far as circulation of the drive-thru use. would mention to you that the access -- the applicant is requesting a right -in, right -out access to Pine Avenue, which is consistent with the commercial development to the south. This access is currently restricted with a center median. Staff has not received a staff report from ACRD, but in verbal communication with them they are supportive of this access point from Pine. The one reason why this project was delayed for quite sometime was the original plan had showed an access to Ten Mile Road and both staff and emergency personnel weren't very keen on having additional access points to that Ten Mile Road, so the applicant has been working diligently with the adjacent homeowners association to provide -- or get a connection to the adjacent -- the northern private street here that was platted with the original Sommersby project. So, north is oriented to the left here. As you can see here on the revised site plan, the applicant is showing that connection and has removed that access to Ten Mile Road. So, we feel that even though we are -- they are requesting additional access to Pine, getting this northern access seems to mitigate for that given that that's restricted. So, we felt that was appropriate and we do support the accesses to this development. Here is the landscape plan. I did call out in the staff report that this plan has not been amended to remove that access point. There is a condition of approval in the staff report that requires a modified landscape plan prior to the City Council hearing that will show that as a continuous landscape buffer along that entire frontage. Typically, going back to the hours of operation, the reason why the applicant's requesting that -- it's not only -- it applies to the entire site. Banks typically don't operate between 5:00 a.m. and 12:00 a.m., but the applicant would like the option of providing -- or a least attracting possibly a coffee shop in this area for this development and so although this drive-thru is conceptual and not approved as part of your purview, it is on this concept plan, so at least getting those hours of operation in place would be set -- at least that would be set in stone with this CU and, then, if and when another drive-thru use comes in they will have to go through that conditional use process, so you will have another bite at the apple to see how that would interrelate with one another in site circulation. One other item that I did call out on the staff report was if -- this location here, you can see here that folks will be coming off of West Pine and entering the drive-thru and, then, orienting west. Staff had some concerns with the width of this road and you exit out of the drive- thru, it may -- folks may be inclined to turn into that and go against the grain of traffic, so we have requested that the applicant choke the throat of this driveway down to mimic it -- narrow it, so that it would function as a one-way driveway, rather having it open 30 feet wide or whatever it is on this concept plan and they are amenable to those changes. And the applicant did submit elevations for you this evening. The bank -- there is more detail for the bank site. Staff has analyzed these elevations and we find that they do meet the design review standards. So, moving forward we anticipate the bank site developing with this type of a structure. The applicant has submitted this photo just as an example of what could potentially develop on the other two lots. Staff Meridian Planning & Zoning Commission September 4, 2014 Page 5 of 9 has placed a condition in the revised development agreement that just requires compliance with our design standards in the ordinance and our design manual. So, we may not get this exact building on that lot, but they will have to come back through with CZC and design review and we will make sure that any future building on the site compliments not only the bank building, but the surrounding commercial developments in the area as well. Staff has received written testimony from the applicant. Again, they are in agreement with all conditions of approval in the staff report. To my knowledge there aren't any outstanding issues for you this evening and I'd stand for any questions you have. Yearsley: Thank you. Are there any questions? Freeman: No. Yearsley: Bill, I have one. Could you go back to the next slide. So, they are really only having two access points, one right -in, right -out on Pine and, then, the other one on the private drive? Okay. I didn't know about the one just to the -- I guess east of the bank, if that was an access point or planning on being an access point. Parsons: No. Yeah. This is the -- Mr. Chairman, Members of the Commission, currently -- if we go back to the aerial here, you can see that that driveway is stubbed to the bank site, but because -- given the nature of the traffic coming in, the applicant didn't feel it was necessary -- didn't want to route the traffic for the drive-thru through the residential portion of the development and so given that that right -in -- or that Pine Street access was restricted we felt comfortable with the right -in, right -out and, then, just landscaping it off closing it off. I believe the applicant is in negotiations with the HOA for how to handle this access point, but in my staff report the applicant will have to provide a cross -access agreement for that connection to happen. So, we, hopefully, will get that approved with this subdivision, but we didn't feel it was appropriate to send drive-thru traffic through the residential portion given the amount that could be generated by that bank. Yearsley: Okay. Freeman: Mr. Chair, I do have a question. Yearsley: Yes. Freeman: Bill, is a fence one of the requirements that you have put on the applicant between residential and the commercial? Parsons: Mr. Chairman, Members of the Commission, we have not. As the landscape is presented to you this evening in my staff report I called out that these are private streets and so in our view it's a local street, so that landscape buffer between residential uses doesn't come into play, because the street acts as a natural buffer. So, the landscape plan presented to you this evening as shown is conditioned to construct it as Meridian Planning & Zoning Commission September 4, 2014 Page 6 of 9 shown on this plan. So, it meets ordinance, but if you feel something -- there is a sidewalk that was constructed that will also butt up against this landscape and so under our mixed use standard we do like to have that interconnectivity or that pedestrian connectivity. So, we don't -- I see what you want to do, maybe mitigate some of that, but having the buildings towards the street and maybe having that pedestrian connection I think it's -- we are going to try to limit some of the uses on this site as well through the develop agreement to more neighborhood friendly uses, so I don't see that -- staff hasn't recommended a fence and one isn't proposed on the plan this evening. Freeman: Okay. Thank you. Yearsley: Thank you. Would the applicant like to come forward? If you would, please, state your name and address for the record. Densmer: Yes. My name is Jason Densmer with The Land Group. Our address is 462 East Shore Drive in Eagle. I'm here representing D.L. Evans Bank tonight and I thank you very much for your time. This application has been submitted sometime ago and working with staff we did choose to table it until tonight to allow us more time to workout access with the adjacent homeowners association. The staff report goes into a little bit of the gory details of how this property became D.L. Evans Bank's opportunity I guess and, essentially, what happened was as part of the Sommersby Subdivision this parcel was left behind as previous phases were platted. Ultimately as those plats were recorded this property was never given cross -access to those private roads, because the developer at that time anticipated that future phases of their own project would occur and, of course, they could give themselves cross -access at anytime. Ultimately they lost the property to the bank and when the bank inherited it it came without access to the private streets that were created. The original Sommersby preliminary plat has since expired and so we have got opportunity over the past couple months to work with the Sommersby HOA and negotiate with them to provide the use -- or cross -access across Acarrera, which is the northerly street. It's a private street owned and operated by the HOA and has at this point successfully negotiated based on verbal acceptance of an agreement with them to share a cross -access for that short portion of Acarrera that will allow this project access out to Ten Mile. Now that we do have those two points with access, the right -in, right -out that we have asked for from Pine and full access at the private road connection, we felt confident coming back to you with a project that we feel very good about and that we don't have to ask for secondary access to Ten Mile anymore, which was not supported by staff. All of the other elements of the staff report and Bill's summary to you this evening we are in agreement with and we think that based on the project that we presented and the reasonable conditions of approval that staff has recommended, will allow D.L. Evans to bring a very neighborhood friendly and very beneficial to the area development that will allow a bank and some supporting uses to be developed hopefully to everyone's mutual benefit. I would be happy to answer any questions if you have them. Yearsley: Is there any questions? Meridian Planning & Zoning Commission September 4, 2014 Page 7 of 9 Freeman: Yeah, I have one. You had a meeting with the neighborhood, I assume? Densmer: Uh-huh. Freeman: Were there any concerns that were stated there that you have worked through with the neighbors? Densmer: To be honest with you, Tamara from my office has been the primary contact with the HOA and so I don't know the details of every conversation, but it's my understanding that as it relates to the cross -access we have been able to resolve those issues -- Freeman: Okay. Densmer: -- and if you're asking about land use or buffering or those kind of things, I'm not aware of any concerns that we haven't addressed in the plan. Freeman: Okay. Thank you. Densmer: You're welcome. Yearsley: Okay. Thank you very much. Densmer: Thank you. Yearsley: I don't have anybody signed up to testify. Is there anyone wishing to testify? With that we don't need to ask the applicant to come back, so I would take a motion to close the public hearing. Freeman: Mr. Chair, so moved. Oliver: Second. Yearsley: I have a motion and a second to close the public hearing on RZ 14-003, PFP 14-001 and CUP 14-002. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Yearsley: Well, comments? Freeman: I'm glad you waited and worked out the access to this site. I like the accesses, too. I agree with staff, I think they work really well. The drive thru doesn't seem to be an issue. It's not going to be a problem with the neighboring residential it doesn't look like to me. It's well situated, well oriented. The only question I have is -- alluded to when I asked Bill is all we have between this development and the residential, which I assume are facing this direction, facing west, there is some Meridian Planning & Zoning Commission September 4, 2014 Page 8 of 9 landscaping and one of the concerns that crosses my mind is in -- not even at night, but in the very late afternoon, even in the winter, we may have the possibility of some headlights from this residential -- or this commercial property shining into that residential neighborhood, specifically those three residences that front right on that street. There is some distance there, I'm not sure how concerned I am about it, I don't see anybody here voicing concern about that, but I just wanted to voice that question in my own mind as to whether or not we need something there to buffer that possibility. That's all. Yearsley: Okay. Oliver: Mr. Chairman, I'm just glad to see that it -- it's been a long time coming and getting that homeowners association to agree with what's going on and I think it's going to be a nice addition to that corner. So, I'm in favor of doing that. I think it will look really nice there. Yearsley: Thank you. I have to agree. You know, your concerns about the buffering I understand, but it looks like there is a parking lot, you know, so that both parking lots are facing each other and it looks like there is some covered parking on the other side of the private driveway, too. So, I don't know if it's as big an issue as it might be, so -- but I think it looks good. I think they have done a good job with access with the layout of the property and trying not to go into the private streets there. So, I think it looks -- and works out well, so -- so, with that I would entertain a motion. Freeman: Mr. Chair? Yearsley: Commissioner Freeman. Freeman: I have a motion coming. Yearsley: All right. Freeman: After considering all staff, applicant testimony, I move to recommend approval to City Council of file numbers RZ 14-003, PFP 14-001 and CUP 14-002, as presented in the staff report for the hearing date of September 4th, 2014. Oliver: Second. Yearsley: I have a motion and a second for the approval of RZ 14-003, PFP 14-001 and CUP 14-002. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Yearsley: Congratulations. That is all I have on the agenda, so I have one last motion to -- Oliver: Mr. Chairman? Meridian Planning & Zoning Commission September 4, 2014 Page 9 of 9 Yearsley: Commissioner Oliver. Oliver: I move that we adjourn. Freeman: Second. Yearsley: I have a motion and a second to adjourn. All in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Yearsley: We stand adjourned. MEETING ADJOURNED AT 6:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED STEVEN YEARSLY - CE -CH MAN ATTEST: ac'ht he A.R. 0.e P��- JAYCEE HOLMAN, CITYCLERK /F I �12o�y DATE APPROVED Sp AUGUST\ 44 I 9 �G City 6 SES l~ rF�rEB Or the ISO,