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MinutesMeridian City Council • June 17, 1997 Page 7 Tolsma: Mr. President, I would move that we accept the findings of fact and conclusions of law as prepared for the variance request for Winnie Ard. Rountree: Second Morrow: It has been moved and seconded to accept the findings of fact as prepared for us for the variance requested by Winnie Ard, roll call vote. ROLL CALL VOTE: Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow. Is there a motion for the decision? Tolsma: Mr. President upon motion dully made and seconded the application of Winnie Ard for a variance from 11-2-411 D1 to have a 1368 square foot home rather than a required 1400 square feet is hereby approved by the Council. Rountree: Second Morrow: It has been moved and seconded to approve the application for Winnie Ard for the variance from 11-2-411 D1 to have a 1368 square foot home rather than the required 1400 square foot home, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR REDUCTION OF THE FRONT AND SIDE STREET SETBACK BY A'a LLC: Roger Smith, 870 N. Linder Road Suite B, Meridian, was sworn by the City Attorney. Smith: Good Evening Council members, I would just like to summarize what our request is and what it is based upon. We recently went through the conditional use process to annex and rezone the parcel at the comer of Franklin and Eagle Road. It is on the southwest corner to Limited Office. The setbacks for that zone are 30 feet on the front setback and 25 feet on the side street setback. Because of some, because of a variety of changes and ironing out the right of way issues for future traffic plans we requested, we are requesting a reduction of the setbacks to 20 feet on each side. Currently the prior to annexation and obviously this hasn't occurred yet from the highway district standpoint and the State Transportation Department's standpoint, but the Eagle Road right of way is 70 feet from centerline currently. As a condition of our project and based upon this future urban interchange that is planned for that intersection and the traffic plan for the year 2015 we are looking at 113 foot right of way from the centerline of Eagle Road. On Franklin Road the right of way is actually 40 currently which was just finally resolved through a boundary survey. The highway Meridian City Council • • June 17, 1997 Page 8 district is asking for 70 feet from centerline on Franklin Road. What this will result in for the foreseeable future for us as far as we can envision is a very large open space between where a project can be and where the roadway is. What we are asking from is some relief from that of five feet on the Eagle Road. side and 10 feet on the Franklin Road side. The result of this is about 1.6 acres of landscape between the building and the edge of the road on a site that is 3.6 acres that doesn't count the landscaping that we will have at the rear portion of the project. We would just like to be able to relieve a little bit of that landscaping burden and use a little bit more of the site. I would subject to your questions. Morrow: Questions? Rountree: What would the resulting landscape area be then if the variance was granted? Smith: It will be approximately 1.6 acres. Morrow: This is a public hearing does anyone else in the audience wish to testify? Trisha Griffiths, 3295 N. Montvue, Meridian, was sworn by the City Attorney. Griffiths: Some of the residents in the Montvue Subdivision oppose this variance setback. The reasons are setforth, hopefully you got the letter from John McCreedy. We feel that if they get this special request a variance then other developers around the area are going to be asking for it and it is going to set a precedent where everybody says they got it why can't we get a setback on this too. We have a strip of land that is right in front of our Subdivision which I know they are going to whoever bought it is going to want to develop. The person that owned it before wanted to put a building that was just a very narrow strip of land and they couldn't do it because of the setbacks. I am afraid that if we allowed this on this comer then there other people will come in and say well we can put this here and because we don't have, maybe we can ask for a variance too. It is a given that people along Eagle and Franklin know that the roads are going to be expanded. I think in their original plans they should have had that in mind exactly what it is. You guys set codes and regulations and guidelines and I think it should be filed. It is therefore reason. I talked to Don Jackson at Texaco and they had to go by the regulations and so did St. Luke's and I feel if some of these other people have to then it would be nice if these people would too. I think. it would help preserve the integrity of the neighborhood. Morrow: Questions for Mrs. Griffiths? Bentley: The strip of land you spoke of, over by Montvue, which street does it front on? Griffiths: It is off of Eagle Road. It is right in front of our subdivision. Meridian City Council June 17, 1997 Page 9 Morrow: Thank you, anyone else from the public wish to offer testimony? Staff do you have any comments or questions from Council? Bentley: Shari, how is this going to impact the plans as far as the landscaping? Stiles: We have been requesting the 35 foot landscape setback on the entrance corridor roads. I believe it was in the findings for the annexation but their conditional use was approved showing 20 feet on Franklin and the 35 feet on Eagle Road. I think in most cases I might .not be inclined to approve of this variance and I would not want to approve of the variance if the building plans were changed or the landscaping plan were changed such that the building was of a different construction. In this case I think it is a beautiful building what they are proposing and will be a real focal point and a great attraction at that intersection. The people that are concerned on the other side of Eagle Road have not given up the ultimate right of way that will be taken when that when and if that is ever made an urban interchange. There is a big dedication of right of way on both Eagle and Franklin Road. I wish we had something that would explain a little better to the neighbors maybe where the edge of pavement is. Maybe you could explain where the existing edge of pavement is, where the building would be from that edge of pavement. Other than that Morrow: Does that answer your question? Mr. Smith, would you like a final comment. Smith: To address the neighbors concerns and to I guess expand .upon what Shari is alluding to is from the existing edge of pavement the building would be approximately 85 feet from the roadway, the current edge of pavement on Franklin Road right now on the Franklin side. It would be approximately 75 feet from the edge of road on the Eagle Road side. I certainly respect the neighbors concem about setting precedent and the general concept of the slippery slope if it is allowed in one place it ought to be allowed in others. We kind of feel like this is an unusual circumstance in that the large amount of land that is being taken and encroaching into what the previous parcel was is creating a tremendous setback and this will actually result in over twice for the foreseeable future over twice what the City's desired entrance corridor is. We fully intend to significantly landscape that area in accordance with the plan that we submitted on our conditional use and provide berming, buffering, all the things that we proposed in the previous plan. The, we feel that it will provide a very attractive scene at that area. One thing about the urban interchange that I would like to bring up is the plan for that is to raise Eagle Road by several feet or correction Franklin Road by several feet and lower Eagle Road by, in discussions with the Highway District and based. on the geometry there and topography of approximately 12 feet. It is going to present a very a significantly obstructed view for each corner to be able to see the other. I think what will go on, on our side of Eagle road will probably have very little impact on what goes on at either of the other three corners. Furthermore the changes in elevations which will occur then from one standpoint we feel that the further our building is away from the neighbors behind the better off they will be as far as buffering goes from the roadway. And this reduction of setback provides a little bit of that for us. If it moves us back we will likely maintain the Meridian City Council June 17, 1997 Page 10 same sized building we will just end up making a slightly tighter site with more landscaping around it. The concept will be the same. The significant changes that will occur there we feel will mitigate any appearance or any encroachment that is perceived by our project. Morrow: Final questions? There being none we .will now close the public hearing, Council your pleasure. Rountree: Mr. President I move that we have Counsel prepare findings of fact and conclusions. Bentley: Second Morrow: It has been moved and seconded to have the Counselor prepare findings of fact and conclusions, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: CONDITIONAL USE PERMIT FOR A CAR WASH WITH FUEL FACILITIES BY STEVE LYONS AND STEVEN BAINBRIDGE: Morrow. Is there a representative here for Mr. Lyons and Mr. Bainbridge Daugherty: Council, my name is Bob Daugherty I am with Johnson Land Surveying representing Mr. Bainbridge. During the last meeting we came before you and asked for your permission to split the parcel that had previously been approved for retail space at 835 Fairview Avenue. Since then Mr. Kouba who previously had the conditional use approval has sold the northem portion of the property or at least entered into a sales agreement with Mr. Bainbridge. I might want to note at this point that Mr. Lyons is no longer associated with the project. So it is just Mr. Bainbridge. His intention is to construct a car wash a full service car wash facility on the northern portion of that property. It would have a retail space in the front of that cash ash and also have full fuel facilities. There would also be two detail bays associated with the car wash. All of that construction would take place on the .88 acres that adjoins Fairview Avenue. We have gone over the facts and findings that were prepared from Planning and Zoning . We don't have any problems with anything that they have recommended. There are a couple of items however that we would like to ask for your permission to change. One of them we had previously stated that the hours of operation would be 8 a.m. to 8 p.m. the car wash we are asking that we be allowed during the summer to open that at 7 a.m. and go until 8 p.m. The winter hours, they would anticipate those being from 9 a.m. to 6 p.m. The fuel facility, those would be extended hours and I believe that there would be the availability to pump gas via a gas card or credit card type situation even as much as 24 hours per day for the fuel station itself. Commissioner Smith had three specific concerns that he indicated that he was going to pass along to the Council. One was about the parking issue where people were going to be backing out into a 40 foot road _' ~ • Meridian City Council July 1, 1997 Page 9 Corrie: Council, whatever you would like to do. Rountree: I don't either, but I do have a question, was the meeting held and the issues resolved? Stiles: Yes there was a meeting held, I have received some additional information. I would like to discuss that information at the next meeting. Corrie: At the next meeting of this meeting Shari? Stiles: The next meeting. Corrie: Any further discussion by Council? I will entertain a motion for table to the next meeting which would be the 15t" of July. Rountree: Mr. Mayor I move that we table item #7 until July 15. Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow to table item 7 until the July 15t" meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST FOR REDUCTION OF FRONTAGE AND SIDE STREET SETBACK BY A'a LLC: Corrie: Council, you have the findings of fact and conclusions of law on that one, any discussion or comments? Morrow. I move that we hereby adopt the findings of fact and conclusions of law. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE:. Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Entertain a motion for the decision. ..-, 'Meridian City Council July 1, 1997 Page 10 Morrow: Mr. Mayor, it is hereby decided that the variance for the setback ordinance is hereby granted and the applicant shall meet a 20 foot setback and a 20 foot side street setback. Rountree: Second Corrie: Motion made and seconded on the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CAR WASH WITH FUEL FACILITIES BY STEVEN BAINBRIDGE: Morrow: Mr. Mayor question, trying to clear up the confusion over which set of findings of fact and conclusions. Maybe the. counselor can bring us up to speed as to why we have two sets of findings. Crookston: I am not sure why you have two sets, the initial set that I brought down to the City hall had the Planning and Zoning Commissioners names on the second to the last page and I just changed that to the Council. Morrow. One set was missing page four. Crookston: I don't know what Anna delivered, my secretary brought down a single page changing the Commissioners names to the City Council members names. I don't know how she attempted to perform that. They read exactly the same other than the names. Will do you have the, I talked to Anna this afternoon and she said that Marlene brought it down. It is the second to the last page that has the change in names. Morrow: So I guess the question is that the findings we can deal with the name change (inaudible) is everybody happy with the findings of fact and conclusions. Corrie: One of the things on their drawing, I think Mr. Rountree and Tolsma referred to in the drawings they would like to see it is they showed the sign as 20 foot tall and in the findings of fact it said ,nothing over 12 foot. Rountree: Which is how it was represented during the hearing. Crookston: That is what we did at the hearing is, I don't know that it was represented but they said they would do what the City desired. The discussion by the Councilmen was not all of the Councilmen but basically it was 12 feet high. Corrie: The drawings that we just got don't show that.