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2008 06-19Meridian Plannina and Zoninq Commission June 19, 2008 Meeting of the Meridian Planning and Zoning Commission of June 9, 2008, was called to order at 7:00 p.m. by Chairman David Moe. Members Present: Chairman David Moe, Commissioner Joe Marshall, Commissioner Michael Rohm, and Commissioner Tom O'Brien. Members Absent: Commissioner Wendy Newton-Huckabay. Others Present: Ted Baird, Machelle Hill, Caleb Hood, Sonya Watters, Bill Parson, Scott Steckline, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call Wendy Newton-Huckabay X Tom OBrien X Michael Rohm X Joe Marshall X David Moe - Chairman Moe: Good evening, ladies and gentlemen. Welcome to the regularly scheduled meeting of the Planning and Zoning Commission for June 19th, 2008. Like to call this meeting to order and ask the clerk to call roll, please. Item 2: Adoption of the Agenda: Moe: Thank you very much. Next item on the agenda is the adoption of the agenda and there are a couple changes tonight. We do have a couple hearings that we will be continuing. Items 5, 6 and 7 for Shops at Victory that will be continued to our regularly scheduled meeting of July the 17th. And Item No. 8 for the Mira Bella Salon will be continued to the meeting of July 3rd. Other than that, the rest of the agenda will stay the same. So, can I get a motion to approve the revised agenda? OBrien: So moved. Marshall: Second. Moe: It's been moved and seconded to approve the revised agenda. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 3: Consent Agenda: A. Approve Minutes of June 5, 2008 Planning and Zoning Commission Meeting: Meridian Planning & Zoning June 49, 2008 Page 2 of 24 Moe: Next item on the agenda is the Consent Agenda. We have one item on that; that would be the approval of the meeting minutes of June 5fh, 2008, Planning and Zoning Commission meeting. Are there any changes or comments? Rohm: None. Moe: None? Well, can I get a motion to approve the Consent Agenda? Marshail: Mr. Chair, I so move. O'Brien: Second. Moe: It has been moved and seconded to approve the Consent Agenda. All those in favor say aye. Opposed? That motion carries. MOTIDN CARRfED: FOUR AYES. ONE ABSENT. Moe: We are just moving right along, folks. Before I open the first Public Hearing, although we don't have a huge amount of folks in here and I know I see faces I have seen before, so if I'm repeating myself, just listen anyway. But I'm going to kind of give you a brief format that we do for our meetings. I will open fhe hearing, ask fhe staff to give a presentation on the project that is underway. They will give a brief overview of fhat. At that point I will ask the applicant to come up and fhe applicant will have 15 minutes to address any issues from the staff report or, basically, give their opinion as to why this project should go forward. After that there are sign-up sheets in the back, if you so desire to speak on any of the hearings you can sign up and I will ask you to come forward and you would have three minutes to state your case and ask your questions. After all the signatures are complete, I will ask the audience if there is anyone else that would like to speak and you would be more than welcome to do so. After all the audience has been taken care of, I will, then, ask the applicant to come baak up and rebut any comments and whatnot that were made during the Public Hearing portion and, then, we'll go forward from there. Item 4: Public Hearing: PP 08-007 Request for Preliminary Plat approval of 21 building lots on 12.62 acres for Una Mas by Una Mas, LLC - 3945 E. Ustick Road: Moe: So, having said that, I would like to open the Public Hearing PP 08-007 for Una Mas and start with the staff report, please. Watters: Thank you, Mr. Chairman, Members of the Commission. Get my slide working here. The application before you is a preliminary plat request for 21 building lots on 12.62 acres of land, zoned C-G. The property is located at 3945 East Ustick Road on the soufh side Ustick, approximately a quarter mile east of the Eagle-Ustick intersection. Uses that surround this site are Lowe's retail store to the north, zoned Meridian Planning & Zoning June 19, 2008 Page 3 of 24 C-G. A church and rural residential uses to the east, zoned RUT in Ada County. And property to the west and south, zoned C-G, that's currently in the development process. A little history on this site. A large portion of this site was annexed in 2005 with a C-G zone and a development agreement. A smaller portion was annexed in 2007 for Allys Way has been constructed with a C-G district and a development agreement. A Conditional Use Permit was approved for a day care center on the southern end of this site that has expired. A new Conditional Use Permit will be required if the day care center is desired to be constructed there in the future. There is an aerial view of the property. All of the existing strucfiures have been removed. There is one tree left on the site. This is the preliminary plat. It consists of 21 building lots, ranging in size from .35 of an acre to 1.61 acres. Three access points are proposed to the subdivision from ~ Allys Way, one here, one here, and one here. No access points are proposed or approved from Ustick Road. Ustick -- access to Ustick is prohibited. ACHD submitted draft comments on this application that are not included in the staff report that support the access points proposed to the subdivision. Two private streets are proposed from Allys Way for addressing purposes and for access to Allys from the properties to the west. They are the northern most and the southern most access drives here. The Milk Lateral runs along the southern boundary of the site. It was right here. It's been relocated right along the southern property boundary. It has been tiled. This is the proposed landscape plan. A 35 foot wide buffer is required along Ustick Road, an entryway corridor, and a 20 foot wide buffer is required along Allys Way, a collector street. No buffer to residential uses is proposed or required with this application as there is a 20 foot buffer here and Allys Way serves as a buffer. The landscaping complies with the UDC requirements as shown on the plan. The applicant has submitted a conceptual development plan showing how the site may develop in the future. It shows 25 buildings ranging in size from 2,500 square feet to 12,675 square feet. Off-street parking is shown. Private streets for addressing and internal access drives for circulation within this and cross-access to fhe west are shown on the plan. The applicant has submitted building elevations for future buildings on the site. This is an elevation of the proposed day care, so I believe the applicant is still proposing it, but they are going to have to go through the Conditional Use Permit process again, as I stated. The applicant has submitted architectural standards for future buildings on the site that allow for individual arahitectural creativity, while assuring common architeatural features or materials fhat will occur throughout the project. Standards pertaining to roof design, number of stories, exterior wall materials, accent materials, entryways, windows, and colors. And these are just photos of varying architectural features that may be used in future buildings on the site. Kind of a little bit of everything here. No uses are proposed with fhe subject plat at this time. Because this property is designated as mixed use regional on the fufiure land use map, staff strongly recommends fhat a mix of uses be provided on this site, such as retail, nonretail commercial, public/quasi-public and multi-family residential uses, in compliance with the MUR standards listed in fhe comp plan. No letters of testimony have been received on this application. The applicant has submitted a letter to the city stating that they are in agreement with the staff report. Staff recommends approval for the conditions in the staff report based on the findings in Exhibit B. Staff will stand for any questions at this time. Meridian Planning & Zoning June 19, 2008 Page 4 of 24 Moe: Thank you very much. Commissioners, any quesfions of staff? O'Brien: I have one question, Mr. Chairman. Moe: Okay. O'Brien: Sonya, how close is that street -- is Allys Way to the Lowe's entrance on fhe Lowe's south side? Is there any consideration of conflict of cars coming and going onto Ustick Road from both Lowe's and -- and the street? Watters: Chairman Moe, Commissioners, Commissioner O'Brien, Allys Way currenfily exists on the north side of Ustick Road. It is just an extension of that existing street. The existing drive to the front of the Lowe's store is approximately a little over an eighth of a mile from the intersection. The entrance to Allys is about a quarter mile. O'Brien: It doesn't look like it's much conflict, so that's the only quesfion I have. Thank you. Watters: I don't believe so. Moe: Any ofher quesfions? Would the applicant like to come forward? Lauerman: Hi. Denise Lauerman, 3501 West Elder. I'm here representing the owners for EHM Engineers. I'm just here to concur that the owners agree with the staff report conditions and don't have any further statements to make, I guess. Moe: Okay. I understand you're going on record to say fhat. That's great. Lauerman: Okay. Moe: Any questions of the applicant? O'Brien; 1 have none. Marshall: No. Rohm: I just have one. That one component of the mixed use with fhe residential, do you have any ideas as to how you're going to respond to that portion of it? Just -- I'm curious, more than anyfhing. Lauerman: I fihink I'll let the owner take that one. Hansen: Burke Hansen with Una Mas. We have had various inquiries about pieces of that land, ranging anywhere from office to retail to potential residential and we are just Meritlian Planning & Zoning June 19, 2008 Page 5 of 24 kind evaluafing our options at this point in time to see what might make the most sense as that corner develops. Rohm: So, is -- do you read the staff report as that being a required component or just a component to be considered? Hansen: I think it's after a mixed use. I don't -- I don't read it as residential being a required mixed use within -- within that property. Rohm: Okay. Okay. Thank you. Does staff concur with fhat? Watters: Yeah. Commissioners, I-- staff did not make it a requirement as a condition of approval, because the property was annexed in 2005 and 2007 prior to the new mixed use regional standards in the comp plan. Rohm: That -- Watters: So, before they would probably have complied with it, but now it's a little bit different. So, we are just recommending that they follow fhose current guidelines. Rohm: Okay. Thank you. Moe: Well, there is no one signed up, so if there is anyone that would like to com~e forward, you're more than welcome at this time. Don't all rush now. Thank you very much. Okay. I see no one coming forward, so what do you think, folks? Rohm: I think we should close the Public Hearing. Moe: Well -- Rohm: But I can't see, so somebody else has to do it. Marshall: I would -- Mr. Chair, I would move that we close the Public Hearing at fhis fime. Rohm: On? Marshall: Oh. On -- Moe: He can't read, remember. Marshall: PP 08-007. Rohm: Second. Meridian Planning 8 Zoning June 19, 2008 Page 6 of 24 Moe: Okay. If's been moved and seconded to close the Public Hearing on PP 08-007. All those in favor say aye; Opposed? That mofion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. O'Brien: Mr. Chairman, one quesfion. The latest applicant I don't believe gave his address. How important is that for him to publicly give his address? He only gave his name. Baird: Mr. Chair, it's on the record. It's in fhe record. O'Brien: Okay. Moe: Okay. Thank you. Baird: And just for information, that's just so we can identify who they are -- we know who fhey are, so I would not recommend reopening the record for that. Moe: Commissioners, can I-- we closed the Public Hearing. Are there any other comments? Mr. Rohm, do you have any comments on this project? Rohm: No, sir. Marshall: My comments are simply the one thing I would have liked to have seen, at least with the preliminary plat, is more pedestrian friendly. It Iooks very vehicle oriented and I'would like to see more pathways through it, more access by bicycle and foot, but beyond fhat fhat's -- Moe: Just to kind of respond to that, I would say that looking at the plan I'm very happy wifh it, simply because when it came before us for annexation, basically this plan came forward and they have taken it and followed it through the plat process and it's coming as they brought it in. So, I think it's pretty nice. Marshall: For fhe most part I agree. Moe: Well, all too often what we see in an annexation when we finally get to a plat, we see lots of changes quite often and so it's nice to see one follow itself through. O'Brien: Chairman, I have nothing to add. I just -- other than I think it's a-- I like to see the growth happening like it is, especially in that area. I think it's a good project. Moe: Well, then, in that case -- Marshall: Mr. Ghair, after considering all staff, applicant, and public testimony, I move to recommend approval to fhe City Council of file number PP 08-007, as presented in the staff report for fhe hearing date of June 19th, 2008, with no modifications. Meridian Planning 8 Zoning June 19, 2008 Page 7 of 24 O'Brien: Second. Rohm: Second. Moe: If's been moved and seconded to approve PP 08-007. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 5: Public Hearing: AZ 08-007 Request for Annexation and Zoning of 4.79 acres from RUT to C-C zoning district for Shops at Victory by LDR- IJ/DMG, LLC - 3210 S. Eagle Road: Item 6: Public Hearing: PP 08-006 Request for Preliminary Plat for 3 building lots on 3.68 acres in a proposed C-C zoning district for Shops at Victory by LDR-II/DMG, LLC - 3210 S. Eagle Road: Item 7: Public Hearing: CUP 08-011 Request for Conditional Use Permit approval for a drive-thru pharmacy in a proposed C-C zoning district within 300 feet of an existing residence per UDC 11-4-3-11 for Shops at Victory by LDR-II/DMG, LLC - 3210 S. Eagle Road: Moe: Okay. At this time I'd like to open fhe Public Hearing AZ 08-007, PP 08-006, and CUP 08-011 for -- all for Shops at Victory, for the sole purpose of continuing it to the regularly scheduled Planning and Zoning meeting of July 17th, 2008. Rohm: So moved. Marshall: Second. Moe: It's been moved and seconded to confinue AZ 08-007, PP 08-006, and CUP 08- 011 for Shops at Victory to the July 17th, 2008, meeting. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 8: Public Hearing: CUP 08-013 Request for Conditional Use Permit for a personal service shop in the O-T zoning district that does not meet the criteria of the Downtown Meridian Design Guidelines for Mira Bella Salon by Jerry Williams -1645 W. 1St Street: Moe: At this fime I would like to open the Public Hearing for CUP 08-013 for the Mira Bella Salon for the sole purpose of continuing that hearing to the regularly scheduled meeting of the Planning and Zoning for July 3rd, 2008. Can I get a motion to continue? Meridian Planning & Zoning June 18, 2008 Page 8 of 24 Marshall: So moved. Rohm: Second. Moe: It's been moved and seconded to continue CUP 08-013 to the regularly scheduled Planning and Zoning meeting of July 3rd, 2008. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 9: Public Hearing: PP 08-005 Request for Preliminary Plat approval of 5 commercial lots and 1 other lot on 10 acres in a C-G zoning district for Knighthill Center by James Wylie - SWC of W. Chinden Boulevard and N. Linder Road: Moe: At this time I'd like to open the Public Hearing PP 08-005 for Knighthill Center and have the staff report. Parsons: Thank you, Mr. Chairman, Members of the Commission. The application before you tonight is a preliminary plat consisfing of five commercial building lots and one common lot on ten acres in a C-G zone. Concurrently, the applicant has submitted a miscellaneous application to modify the existing development agreement to remove the previously approved concept plan and replace it with the proposed plan. Private street approval was also requested that will provide access to the development and provide connectivity with the surrounding developments. The subject site is located on the southwest corner of West Chinden Boulevard and North Linder Road. The property is bordered on fhe north by Knightsky Estates, zoned C-C and P-NC. That's Knighthill there. Or Knightsky. To the south is Lochsa Falls No. 11, zoned R-4. To the west is Lochsa Falls Subdivision No. 12, which is zoned R-4 and C-N and L-O. And to the east is RUT zoned property. Here is the aerial of the site. Now you can see the site is currently vacant. Again, you can see some of the stub streets that are proposed to be extended into that site if it's approved tonight. A little history on fihis site. In 2006 this site was annexed and zoned C-G. At that fime it was also requested to be platted. It was approved for a four lot plat and one common lot. Development was -- a development agreement was required as part of that application process and the applicant also submitted a concept plan that was approved and was tied to that existing development agreement. The previous approval in 2006 also showed three -- proposed three buildings on the site, coughly ranging approximately 109,000 square feet of retail space on this site. The applicant is proposing a new concept plan tonight. Here they are showing 13 buildings. This is proposed to be a-- possibly a bank site, a mulfii- tenant space there, a convenience store slash gas station on the corner of Chinden and Linder. And, then, you have a multi-tenant retail building here and, then, what the applicant's done from the previous approval is actually add some office lots that will actually buffer some of the more intense retail uses from the residential neighborhood. And also access to the site is pretty much the same that was also approved in 2006. There is no direct lot access proposed onto Chinden. Access will come via Linder Road Meridian Planning & Zoning June 19, 2008 Page 9 of 24 here. The applicant, again, has proposed private streets. So, here this is West Everest Lane. It's a private street, currently constructed as a 25 foot road section. The applicant is proposing to -- to mimic that and continue that on as a 25 foot road section to this point and, then, from this north-south connection they are going to extend North Gertie Place here and that will be a 32 foot road section. And, then, off of Linder they are proposing a 36 foot wide road section and also as part of the development agreement they were required to stub to fhis -- if you want to call it an outparcel, RUT parcel, they are going to provide a driveway stub for that -- for that gentleman when they come in and propose in the future to also take access onto Linder from that point. A landscape plan was submitted with this application. However, the applicant submitted the landscape plan approved with the 2006 project. The propose of the plan was only to illustrate the required perimeter landscape buffers required for the proposed subdivision. Now what's going to happen is we have actually conditioned the applicant to submit a new landscape plan prior to the City Council. He will be~ required to have that 35 landscape -- 35 foot landscape buffers along both -- along Chinden Boulevard and North Linder Road and also provide a 25 foot landscape buffer adjacent to those residential neighborhoods along the south -- southern edge and the western edge of the property. The applicant has submitted some conceptual elevations. Here is what they are proposing to show for their convenience store. Again, it's going to have some stucco, some flat roof elements, with some -- the pitched roof there will be a metal. Metal awnings to accent the glazing on the building and that should run along the front -- the side of the building as well, with some stone accents. Here is what they are proposing for their office use, their office building, and, then, these two buildings here are representing their multi-tenant spaces. Again, primarily all the buildings are proposed to be constructed of mixed material, stucco, rock accent, some timber facade on the front to kind of accent the front of the building and, then, you can see some modulating and different -- different pitch elements for the rooting. Staff is very supportive of the elevafions and we have also conditioned them and as a DA provision to -- that any future building be substantially compliant with these elevations. Staff -- this concludes my presentation and I will be happy to answer any questions from the Commission. _ Moe: Thank you very much. Any questions of staff at this time? Marshall: Mr. Chair, I do. Moe: Yes, sir. Marshall: B'ill, can you tell me -- could this have been built in a GC zone? Parsons: Mr. Chairman, Commissioner Joe -- Commissioner Marshall, I believe so. I mean there is really -- there is sefibacks for the C-C zone. There is no setback requirements for the GG zone, The only difference is, basically, based on your design review standards. In a C-G zone you typically can have structures up to 200,000 square feet before you have design review. In a C-C zone we require anything over 60,000 square feet to go through that. The other thing I'd point out, too, is your Meridian Planning & Zoning , June 19, 2008 Page 10 of 24 conditional and your principally permitted uses are a little different in those two zones as well. And that's about the only di .fference. But, yes, this probably could have happened in a C-C zone. Marshall: Thank you. Moe: Any other quesfiions? OBrien: None from me. Moe: Would the applicant like to come forward, please. State your name and address for the record. Wiley: Good evening, James Wiley. 1676 Norfh Clarendon, Eagle, Idaho. 83616. Mr. Commissioner, Members of the -- or Mr. Chairman, Members of the Commission. Sorry. We agree with all the requirements of the Planning and Zoning Department for this project. What we tried to do -- the prior subdivision had a grocery store plan. We do not happen to have a grocery store that is available to go into this site at this point. So, we have tried to revise it and in so doing, mixing some small office in the back, that will allow a little bit of buffering between the residential and the heavy commercial and still providing some multi-tenant, small user availability. On the northeast corner of fhis property Eagle right now they have Fred Meyer trying to go into that corner, so I think we will be able to mix well whatever they put in. I don't really -- as far as the elevations went, many of the neighbors had a concern with, excuse me, the top elevation and I don't know if you could put that up, Bill. That one on the right. They seemed to like the lower one over here a little bit better. So, that was kind of the direction we were going to head. And also when we had the neighborhood meeting they -- one of the main concerns was the gas station and service C store that we originally had was further south towards entrance off of Linder. The neighbors requested that we move it further away toward the hard corner, which we did on fhis -- on this conceptual design. So, we tried to address some of their issues in -- in coming up with this particular design for the project. And if you have any questions I'm certainly available. Moe: You won't have a problem getting the other landscape plans to -- for fhe City Council meeting? Wiley: No, we won't have any problem. The reason we -- we already had an existing landscape plan from the prior approval. The exterior landscape is essentially the same size, so we decided to do that. We will be happy to revise it. Moe: Any ofher questions? Rohm: Just curious. Do you plan on phasing this at all or do you plan on building it all out at once? Meridian Planning & Zoning June 19, 2008 Page 11 of 24 Wiley: I'm sure we are not going to just build it all out, unless we have a massive run of tenants or users coming in. We have the gas station C store. We already have somebody who wants that. So, that would be our first construction project. In so doing we put the streets in, the landscaping in, which, hopefully, would build some energy for the other lots. Rohm: Okay. That's kind of where I was going with that. Thank you. Moe: Thank you very much. Wiley: Thank you. Moe: Ron and Sharon Taylor. Are you going to speak one at a time or together or -- Taylor: Ron Taylor. 6168 North Gertie Place, Meridian. 83646. Moe: Thank you. Taylor: Just have a couple of concerns and I think all the neighbors in the area -- I don't know -- they didn't come tonight, but they said fhey were going to. Anyway, Gertie Place is just -- it shows it fhere, but it's -- it's just a very short little cul-de-sac and that we were told that that's what it was always going to be by the people we bought the house from and we live right on the corner there, which is right there. And we would like for that street to not go through. In talking with Mr. Wiley at the neighborhood meeting, he said he didn't care whether it went fhrough or not. And there is about 20 kids in that little cul-de-sac area and on Rattlesnake right there that all play down in there and that will just become a thoroughfare for 1,300 students at Rocky Mountain High School just around the corner and everyone in the world cutting through our neighborhood, wifh no stop signs, no speed bumps, and going into that development to get to fhe gas station and the car wash. So, since he said he didn't really care whether it went fhrough or not, we would like for it not to go through or maybe put those -- I think they are called bollards, like fhey have in the rest of the subdivision, so that in an emergency, if the fire department had to get in through fhere -- which I doubt if fhey would go through there, since the station is just down around the corner on Linder -- that they could take those out and go in through there on emergency. But we don't really want fhat to become a thoroughfare and i fhink that's what it's going to do. People already speed through that area without any slowing down, because there is very few stop signs on any corner. On this landscaping plan, I mean I see an entrance over there into that piece of property over there adjacent to Linder Road, an entrance to that I would guess maybe I'd like to have somebody explain why that was -- is not part of this that I picked up at Planning and Zoning, this map here shows nothing at all about a proposed entrance into that lot. And, if so, what's he going to do with it, because right now it looks like he has a body shop there. He has probably 20 or 30 cars parked on that property. Moe: Is there a pointer fhere that you can -- Meridian Planning & Zoning June 19, 2008 Page 12 of 24 Taylor: I don't know much about pointers. Moe: You should have a laser pointer there. Can you show that point on the screen for us, please? Taylor: This green fhing or -- yeah. Okay. I'm sorry. Thaf's not on this thing -- this copy that I picked up from Planning and Zoning, it doesn't show any entrance there at all to fhis deal and we are all curious as to what all this is here, because he has about at least 20 to 30 cars there at all times doing body and fender work and I know that he's in Ada County, not Meridian, so I guess if there is something planned here, we'd like to know that. This is my fence right fhere and -- and also, Mr. Wiley, if he -- if he does go through with this and you do approve it, we'd like to have that buffer right there and have those trees. He said he has no problem with that when we talked with him. If he does put it there, to make the trees closer together. We haven't, actually, seen a copy of his landscaping plan, but have them closer together so that it does block our view of any of those buildings and we'd like for Gertie Place not to go -- I don't think. anyone wants it to go through, so those are the things that -- we do appreciate the fact that he has just flipped the thing and put the convenience. store and gas station on the other end, instead with 20 feet from my fence, so -- that's about all I have to say. Moe: Any questions? Marshall: I do have a question. Sir, I'm trying to understand why students from Rocky Mountain High School would want to take the long route through your subdivision, rather than taking the direct route right down Linder. Taylor: Oh. Well, because there is probably going to be some that lives in our -- in our subdivision and they could just come down through there or they could either go down Cayuse Creek or -- and there could be plenty that don't live there. Marshall: Right. But my point is that Rocky Mountain High School right down here; they'd have to take a very indirect route to get back over here, rather than just right down the road and in. Taylor: Well, they could, but they are going to be going to that gas station down fhere. Marshall; Right. Taylor: And we didn't want that road there either. We didn't understand that there was ever going to be a road in off of Linder 20 feet from our fence either. That was never explained, so -- but I understand they are going to come down that way and the other way, but there will be other people and I'm sure kids going in -- I don't have anything wrong -- against kids, but I see what happens at lunchtime in all those areas and that will be a nightmare. The tra .ffic right there on that -- in that whole area right there, I don't know if you have ever been there at 6:30 to about 8:30 in the morning or at nighttime, that's bumper to bumper all the way from there, all the way to Hewlett Packard and I Meridian Planning 8 Zoning June 19, 2008 Page 13 of 24 can't imagine throwing anymore traffic on that corner without -- and no one's making any attempt to widen the road or improve it. It's a two lane road and if you're going to allow all this commercial developments, big Fred Meyer store -- well, that's Eagle, so you don't have anything to do with that, but it's going to allow this traffic over fhere, isn't anyone going to do anything to improve the road? Rohm: Well, fhere are a lot of traffic studies going on and things that -- Taylor: I know, but how could they build the commercial developments and, you know, plan for additional traffic, just keep throwing fhem up, no -- no improvements on the roads, on a two lane road, you can't get out of that subdivision or into it a couple times a day. So, I just -- I can't understand why all the things would be allowed without any provisions to fix the roads. Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I'd like to address that just a little bit if I could. Part of why we as a planning group try to encourage connectivity between one parcel of ground, which would be to fhe south, which you're talking about, to that to the north into this development is so that fhe traffic that is internal to that subdivision already does not have to go out onto Linder to access the development within this proposed project and that's to help keep the traffic down on the main fhoroughfares, not to encumber it further and like Commissioner Marshall pointed out, the traffic that will be going to that gas station from the school ilself will use the existing roadway, which is Linder Road, not ingress fhrough your subdivision. So, it's to -- it's actually all of these thoughts by the planning group and by this Commission are to help minimize the additional traffic out onto the thoroughfare. And so that's just trying to respond to your -- to your query. ~ Moe: Thank you, Mr. Rohm. That was very good. Appreciate it. Sharon, did you want to speak? S.Taylor: Hi, I'm Sharon Taylor. I'm the other half of 6168 North Gertie Place. There is really two neighbors that are concerned about this and we are both here tonight. My concern with what you just said is that it isn't about coming off of Linder where that is the only entrance into this Knighthill, it is that there is no reason to open up a whole subdivision that's mostly children in that area that -- if you have been in Lochsa Falls, there is no way to get out unless you know fihe pattern to get out. You will be lost in there the rest of your life. I'm not just kidding. It's not easy to get in and out. So, once they are in there what are they going to be doing, just driving around? So, we'd like to stop it in ihat respect. And, then, we have Everest Lane. Do you see ~where Everest Lane is? This is our entrance off of Chinden right there, Long Lake, Chinden. Well, if my pointer works. Here is our entrance to Lochsa Falls, Long Lake. Right here. Here is the street. Runs right along back into fihis proposed new area. Why can't that be fhe exit in and out? Why does it have to be this little tiny private cul-de-sac where the Meridian Planning 8 Zoning June T9, 2008 Page 14 of 24 streets all merge together and you can't really tell where you're going. That's, really, what we are here for tonight is, please, put bollards right there, so that those kids that so enjoy that cul-de-sac will have a chance to grow up and play there and not have Rocky Mountain High speeding in, gas station, out, miss the stop light right there. That's it. Thank you. Moe: Any questions? S.Taylor: Did you~understand Everest Lane? Moe: Thank you very much. That was all that was signed up. If there is anyone else that would like to speak, please, come. Longlin: Hi. I'm Shawna Longlin. I live at 2615 -- or I'm sorry. That's where saw this happen once before and it was a disaster. I live at 6183 North Gertie Place. I live across the street and alls I can see is the nightmare that I had before. People flying around fhe corner on both ends, because, basically, I'm going to be getting it -- how does this work? Like this? Okay. Basically, I'm going to be getting it -- and it's a custom home, but I'm going to be getting it, because -- and I can attest already, my 18 year old daughter, to avoid Ghinden, because it is so difficult to get in and out of, goes fihrough the way she just said to get to Linder and she usually -- it's so bad -- the traffic on Chinden is so bad, she usually -- that's the way she takes her little brother to school. We go clear back to McMillan, back up to Locust Grove and he goes to school by Locust Grove and Chinden. And to try to get down there, you're looking at 20, 30 minutes for two miles. Rohm: Can you give me just the egress that you're talking about? Longlin: So, what I'm saying is -- Rohm: I'm not following you. Longlin: So, what I'm saying is is people already do cut through that neighborhood and if this right here gets -- I live right there. Right on that corner. My house is that whole side there. And I'm in fhe -- it's going to be difficult for me to try to be getting -- backing out of my driveway, I'm going to have cars coming around on both ends at me and it's going to be really difficult to back out quickly enough to see and there is a 20 foot berm -- and thaf's the other thing was my concern, too, is my house -- my whole back patio, from what I understood there was going to be two story office buildings there, so there goes all our privacy. My back yard is going to be viewed into 24/7. Well, you know what I mean. During business hours or whatever. And if they are going to be single level or if they are one level or -- I mean that's why I bought this house and everything and was to get out of -- from where I was before, because this same thing happened. I lived on a corner and I had -- that's why I bought a home in a cul-de-sac -- what I thought was a cul-de-sac and so now I'm up against fhe same thing again. Meridian Flanning & Zoning June 19, 2008 Page 1'S of 24 Moe: Are you saying -- is this your lot right there? Longlin: Yes. Moe: And your house faces right here? Longlin: That's the front of my house and this is back. Moe: I guess I'm not understanding when you speak of having to back out. Longlin: This is the front of my house. Okay? Here. And, then, this is fhe back of my house. And what happens -- Ron and Sharon live here. And it looks longer than what it is. It's -- I mean fhis is just my house. I got a quick -- I got to turn here, I got people turning here, and now if that's opened up, I'm going to have them coming around both sides from there, too. And we are talking like a little tiny street, probably, from, what, that desk to -- to fihe wall and it's -- and if fhat turns into a major thorough -- you know, just trying to back out of the driveway is going to be a lot of fun. You know, I just -- it's really frustrating, so -- because I moved there to have some peace. And I was also wanting to request -- see if they could at least put some trees along there, too, so that we can have some privacy on the other side of the berm. If that's -- that's what I'm requesting, so -- and there is, there is little kids, all toddlers, all along Rattlesnake, this corner here, fhey have three little rambunctious boys and fhere is kids over here, there is tons of kids here, there is kids here -- and we are talking little kids. And I don't know about you, but I know about high school kids and their cell phones and not paying attention and going clear to the corner and not even looking. Somebody's going to get hurt and it's probably going to be somebody's little three year old or five year old. Moe: Thank you very much. Is there anyone else who would like to speak? If no one else wants to, please, applicant, come back up. Please. Wiley: James Wiley again. To address some of the issues that they brought up, we do have an existing preliminary plat approval. The accesses are on the existing preliminary plat approval, which is still current, we are just trying to revise it by adding an additional lot, essentially, creating the offices -- the small offices in the back. We have dedicated right of way -- or we will dedicate -- excuse me. We will dedicate -- excuse me. We will dedicate additional right of way for Linder Road and for Chinden. A hundred feet on Chinden and 48? Sixty? Sixty on Linder. So, it's a substantial roadway dedication that presumably ACHD and/or ITD will expand the road at some point in the future. I do not have their road improvement plan on me. The parcel of concern where we were going to access into -- I'm not even going to try. Yeah. Right there. I don't own that parcel. That's a condition put on by the city. I'm assuming the reason for the condition is to limit the amount of accesses onto Linder. So, we are taking his access and moving it through into -- into fhe access that's already approved. If Gertie was terminated, as opposed to going through into our subdivision, I understand that's not what the city normally wants, they want the connecfivity. But if Gertie was terminated at the property line, I would not want to have a cul-de-sac into our property. So, the cul- Meridian Planning & Zoning June 19, 2008 Page 16 of 24 de-sac would have to move down or a hammerhead or something. Or fihat's what I would request. On the other hand, we do have -- we have made a request for private streets. I don't know if it's available for the Public Works Department or whomever. I would -- no problem with putting in speed bumps, if that would help alleviate some of the problems. I don't know if they are allowed on public streets, but if we are making application for private streets, that would be fine with me. That's all I have. Rohm: Thank you. Wiley: Thank you. Moe: There was discussion about additional trees. Wiley: Well, whatever the landscaping requirement by the city, I'm sure we are -- it's pretty stringent for trees and shrubs and whatnot. We are more than happy to place them -- we want to create a buffer between fhe residential and the commercial. We don't -- we don't want to have a problem down the road or at least mitigate the problem as much as possible. If some trees and shrubs helps that out, then, that's what we will do. Moe: Okay. O'Brien: I have one question, Mr. Chairman. On fhe buildings adjacent to the residence, Larry, what control do you have, then, on windows and entrances, et cetera? So, I assume that the entrances are going to be up in this area here, the front. Wiley: That's fhe way we have currently designed them. O'Brien: So, I assume, then, there are just going to be minimal windows along the back side? Wiley: Exactly. O'Brien: Okay. And so I think the -- Wiley:. Enough to get some light in, but we are not -- O'Brien: Right. But I can see that spreading out some trees along here to help that privacy is probably all that it would really require. Wiley: Uh-huh. O'Brien: Okay. Thank you. Marshall: Mr. Chair? I believe -- correct me if I'm wrong -- that all those were proposed as one story -- Meridian Planning & Zoning June 19, 2008 Rage 17 of 24 Wiley: Yes. Marshall: -- office buildings? Thank you Moe:, Thank you very much. Wiley: Thank you. Hood: Mr. Chair, if I may real quick, just to add onto what the applicant said in one of the questions that Mr. Taylor had about redevelopment of that county parcel. I sit in on all the pre-apps these days and I have not heard anyone come in wanting to redevelop that -- that parcel these days. He's right, though; we are looking for some access through this property, so there isn't another access point onto the arterial in the future when that property does redevelop, if they redevelop. But, again, they are not even on our radar screen for redevelopment and, again, the applicant's correct, we actually have a requirement in C-G where C-G abuts residential, that there be a-- at maturity that the wall -- that the plants create a screen wall, basically, to the residential. So, it won't be at the time of planting, but wifh the combinafion of a fence and landscaping, it should create a pretty good barrier, so -- Moe: Thank you very much. Mr. Rohm, do you have any comments? Rohm: I think I already made mine. Moe: Okay. Mr. Marshall? Well, at this point, fhen, can I get a motion for the Public Hearing? O'Brien: Mr. Chairman, I move to close Public Hearing PP 08-005. I believe it's also MI 08-003. Baird: No. O'Brien: No? Just fhat 05. Rohm: Second. Moe: It's been moved and seconded to close fhe Public Hearing on PP 08-005. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Call for questions, discussion? I think that, quite frankly, what -- to me, with the loss of fhe big box store out there, this, actually, is a much better plan than before, in my opinion. The connectivity to the south I think is something that needs to happen, just for the simple fact I don't want to see all the neighbors have to go out on Linder and come Meridiam Planning & Zoning June 19, 2008 Page 18 of 24 around and come back into this property. So, my opinion is is that I think this project was well thought up and I think it's a good fit for the corner. Rohm: Mr. Chairman? Moe: Yes, sir. Rohm: I'd just like to add to that. In recognition of what the folks that have testified here tonight, I certainly can understand where you're coming from and we -- we try very hard to work with the community as a whole and I think that if there was anybody that had -- I don't know, misled you, it would be the people that you buy from, because as a development, this corner has always been slated to have their connectivity between that property to -- that you're development's within, into that and it was never even considered to not have that connectivity. So, I'm sorry that you were led to believe that that would be a cul-de-sac that would not have any through traffic, but from a planning group, we try very hard to minimize the ingress and egress onto the arterial roads and this complies with that very well and end of comment. Marshall: I personally, Mr. Chair, am very excited to see this change over what was previous -- and I think it's vastly improved. I especially like the lower intensity professional offices up against the residences, as opposed to a large grocery store or something of much higher intensity. I also feel that the connectivity to the subdivision is important, not only for -- to alleviate traffic from going to Linder, but it also -- for EMS and fire, who require that connectivity, and this was planned from long ago and that is a requirement of the city for many different reasons. So, I'm very much in favor of this project. Moe: Thank you. Mr. O'Brien, any comments? OBrien: Yes. Mr. Chair, I several thoughts. First of all, I agree with fhe connectivity. I think it's important in looking at the layout of that subdivision, I think if's really important -- it's going to serve mostly the peopJe that live in that subdivision. As far as -- I understand the risk of small children, as I raised some and grandchildren, too -- about street concerns and fhat that's always a concern for a parent, to really keep on eye on young kids, because, boy, they can be gone in a second. They can run outside, boom. And that's a concern and I don't know how we can provide a lesser risk and not be able to serve the rest of the community. As far as school goes and Rocky Mountain High -- oh, is it Rocky Mountain High? They are in a-- most of the people, children through high school, are going to be in school mostly at the same time, except for the toddlers, of course. But they will grow up -- fhey will grow and soon -- and will be in school themselves and you will lessen fhe concern. The other thing I'm concerned with is I would like to see the landscaping plan be provided to -- or approved by the people who live behind fhese -- these businesses right here, maybe they can be involved in the solution to provide a good buffer with the applicant to insure the maximum privacy under the law and also I agree with having speed bumps -- some kind of vehicle or mechanism there to insure that the speed is controlled. That's all I have. Meridian Planning & Zoning June 19, 2008 Page 19 of 24 Moe: Mr. Marshall, do you have somefhing to say? Marshall: I do have one last comment that having talked to the principal of Rocky Mountain High, he made some comments about the fact that they are going to diligently try to keep the students out of the local subdivisions, unless fhey -- unless fhey actually live there and try to keep them directed out of those areas. Moe: Ma'am, the Public Hearing has been closed. I'm sorry. I'm sorry the Public Hearing has been closed. Mr. O'Brien, I do have one comment and I wanted -- Caleb had discussed earlier the -- basically on the landscaping, you know, the ordinance -- you know, there are rules and regulafions what fihey have got to conform to and over time that landscaping will fiill in as the buffer, so as far as having land -- being the landowners and whatnot, you know, there is really no need, because it will have to comply with the city requirements. O'Brien: Okay. Thank you for clarifying that. Moe: Okay. Any other comments, gentlemen? Is there a motion to be had? O'Brien: Mr. Chairman, after considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number PP 08-005, as presented in the staff report for the hearing date of June 19th, 2008, with no modifications. Marshall: Second. Moe: It has been moved and seconded to approve PP 08-005. All those in favor say aye. Opposed? That motion carries MOTION CARRI'ED: FOUR AYES. ONE ABSENT. Hood: Mr. Chairman, just to clarify, I think you just slightly misspoke there. It is a recommendafion for approval. So, I thought I heard you say approved, but just a clarification for the folks in the audience, fihis is a recommendation to the City Council, so there will be another Public Hearing on this item as well. So, I just wanted to clarify that. Item 10: Public Hearing: CUP 08-012 Request for Conditional Use Permit approval for a drive-thru establishment in a GC zone within 300 feet of another drive-thru facility for Silverstone Corporate Plaza by Sundance , Company - 3421 E. Overland Road: Moe: Thank you. All right. At this time I'd like to open fhe Public Hearing CUP 08-012 for Silverstone Corporate Plaza and hear the staff report, please. Meridian Planning & Zoning June 19, 2008 Page 20 of 24 Parsons: Mr. Chairman, Members of the Commission, the application before you tonight is a request for a Condifional Use Permit for a drive-thru establishment within 300 feet of an existing drive-fhru establishment. The site is -- the subject site is -- consists of three platted lots and approximately 6.2 acres within the Silverstone Corporate Center Subdivision and is generally located at the southeast corner of East Overload Road and South Eagle Road. North of the site, across Overland Road, is the proposed commercial building that you guys acted on not too long ago, called Overland Village. Currently it's zoned RUT, is requesting to be zoned C-G. South of the site is Silverstone, zoned C-G. West of the site is Silverstone again, zoned C-C. And east of fihe site is Silverstone Subdivision, zoned C-G. Here is an aerial view of fhe site. Right now fihe applicant is proposing that drive-thru facility currently in this location. The reason for the CUP request, again, is because the other drive-thru facility is right here, which triggers that mechanism within that 300 foot requirement. I'd also like to point out that there is an additional drive-thru located here and, then, that building as well. The applicant is proposing to construct a 116,000 square foot multi-purpose building that includes three drive-thru lanes and ATM services on the site. In addition, the applicant is proposing covered parking in a covered walkway located on the south side of fhe site. Again, you can kind of see the building footprint of the existing -- or the proposed building. Here are the fhree drive-thru lanes that I mentioned. This is where the bank will be located. On this map fhe site plan clearly shows the other drive-thru facility. This is also a credit union. Here is where the covered parking is to be located, as I mentioned, with the decorative walkway and a covered walkway that's connected to the building and provide cover for the persons that use this facility. South -- this is the main entrance of the building here. It's, again, decorated wifh seating, benches, hardscape. There is hardscape located here. Each of the buildings have canopies over them to add weather protecfion for patrons entering the building. The subject property is accessed from a private access easement on the west side of the property that extends from East Overland Road and runs south and southwest to South Eagle Road. The drive aisle that runs parallel to East Overland Road connects to Silverstone Point parcel to the east, which provides another full access point to East Overland Road. Two additional driveways connect to South Silverstone Way and provide cross-access with the surrounding developed parcels. So, to sum it up, this is a private easement here -- an easement here that connects to Overland back to Eagle Road. This is that driveway that parallels Overland Road and it provides access onto Overland here as well and, fhen, there is additional driveways that stub to South Silverstone Way here that also add to the circulation and connectivity to adjacent parcels. A landscape plan was submitted with this application that complied with the landscape requirements of the UDC for parking lots and drive aisles. The street buffer or landscaping along Overland Road and South Silverstone Way was previously reviewed and approved wifh the fiinal plat for the subdivision. Staff reviewed this. It had no changes proposed, so everything looks good at this point. The only thing I would point out is, again, here is where that covered parking is located and you can -- it's hard to see the dashed line on this -- this site -- or this landscape plan, but the covered parking will actually hang over into that landscape -- those landscape planners, so it's going to make it real difficult for trees to be planted there. So, staff hasn't ceally -- wasn't really concerned about that, because the applicant's still proposing shrubs and those other plantings that will accent that. And Meridian Planning & Zoning June 49, 2008 Page 21 of 24 also another comment is these parking stalls still don't exceed the code requirement of 12 in a row. So, they sfill break up the parking pretty good and another thought was if you come into the development down south Silverstone Way with that covered parking and the canopy itself actually modulates, it varies in height, so it would kind of help break up some of that parking in the rear of that building as well. So, fihat's what they were proposing on the site. Here are the elevations that the applicant submitted for this building. It will be a glaze or glass and, fhen, two different type of granite components. Again, you can kind of see some of the modulation in the roof line, in the pop outs in the buildings. You can see the darker accented granite with the lighter granite. I believe at one time the applicant had discussed either green glass or blue glass as part of the glazing for the building. I don't know where they are at on that. All the roof top equipment is screened and enclosed in its own enclosure on top of the structure. So, it shouldn't be an eye sore with the building. Staff -- after staff reviewed this, they find that this building far exceeds what our design requirements have in the UDC. With that staff is recommending approval of fihe CUP and with that I'll answer any questions. Moe:. Any questions? O'Brien: One quesfion, Mr. Chairman. Moe: Mr.O'Brien. O'Brien; Bill, how closely does the architecture match or whatever -- mismatch from the other buildings surrounding that area? It seems like there is -- seems to be a theme. Is this part of that theme that -- or does it need to be. Parsons: I'll defer that question for the applicant. He's -- he's here tonight. He's more familiar with that. But if I take a quick stab at it, I-- most of those buildings there are stucco, stone facades on them, so it will vary somewhat from existing structures out there. ~ O'Brien: Okay. Thank you. Moe: I would make the statement that this one will far exceed the other items out there. Would the applicant like to come forward, please. Marshall: I had a question -- Moe: Oh, I'm sorry. Marshall: -- of Bill real quick. Thank you, Mr. Chair. Bill, looking at this it appears there is 116,112 -- or 121 square foot in the building. You were mentioning that the CUP was simply required because of the drive-thru, but doesn't -- but doesn't the size of that in a C-C zone also require a CUP? Meridian Planning & Zoning June 19, 2008 Page 22 of 24 Parsons: Mr. Chairman, Commissioner Marshall, no, the other reason for the design review is because the building exceeds 60,000 square feet and that in design is -- at staff level doesn't require a Public Hearing. Marshall: Got you. I appreciate that. Thank you. Parsons: You're welcome Larsen: Mr. Chairman, Members of the Planning and Zoning Commission, my name is Cornell Larsen, I'm here tonight represenfiing the Sundance Company and this project at Silverstone. We have read through the staff report and we are okay with the conditions that are shown in fhe staff report. There is one thing I need to do is -- is make you and staff aware that we are working on the budget for this building and some of it may turn into stucco if it's acceptable. But it might be the upper floor or the upper two floors, but the granite will stay on as many areas as we can conceivably get them to work on. Other than that, I would be happy to answer any questions for you. Excuse me. Mr. Chairman, Commissioner O'Brien, the architecture is a little bit different on this building than some of the other buildings, but it was actually intended to be -- this is a-- is more the corporate building for the center. It will have several facilities within it that are common conference rooms that will be available to everyone within the project. There will be one large meeting room that will accommodate up to a hundred people. There will be finro smaller conference rooms, an execufiive board room, and, then, another small board room that will be available to any of the tenants in the Silverstone business center or corporate center to schedule times to meet within that facility. So, we are trying to upgrade this building above what some of the other building have been out there in the past trying to create a little better stature of building, I guess, or an upscale build'ing for fhe purpose of the whole park being able to use that facility as we11 and I don't know whefher we sent floor plans in or not with this particular application, but we -- basically, the ground floor is more of a multi-purpose floor. It has a catering facility in it, as well as the meeting rooms that we had -- I have just mentioned. Moe: Any questions? O'Brien: I have no further questions. Moe: Thank you very much. Larsen: Thank you. Moe: There is four other people out in the audience. No one's signed up. Is there anyone else that would like to speak? Well, no one wants to come forward, I don't think the applicant needs to come back up again just to -- not unless you just have something else you want to say, so therefore -- OBrien: Mr. Chairman? Meridian Planning & Zoning June 19, 2008 Page 23 of 24 Moe: Mr.O'Brien. O'Brien; I move to close the Public Hearing on CUP 08-012. Marshall: Second. Moe: It's been moved and seconded to close the Public Hearing on CUP 08-012. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Mr. Rohm, any comments? Rohm:: My only comment is I think that Silverstone development as a whole is a very very nice addition to the City of Meridian and I think that fhis building will just enhance it that much more. ~ Moe: I would agree. Marshall: Mr. Rohm has echoed my same sentiments. Moe: Okay. O'Brien: I have one regret, Mr. Chairman, in that I have had to move my hunting zone aonsiderabiy south. The pheasants are no longer there anymore. But, yeah, I echo my constituents; it's a good -- good building, good place to be. Thank you. Moe: All right. Well, having said that -- Marshall: Mr. Chair, after considering all staff, applicant, and public testimony, I move to approve CUP 08-012 as presented during the hearing date of June 19th, 2008, with no modifications. Rohm: Second. Moe: It's been moved and seconded to approve CUP 08-012 with no modifications. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Caleb, you're on. You're not on my agenda, but you're on. Hood: Mr. Chair, we can do this on or off the record, however you would like to do it. If you guys want to close the hearing that would be fine, too. Rohm: Mr. Chairman? Meridian Planning & Zoning June 19, 2008 Page 24 of 24 Moe: Yes, sir. Rohm: I move we close the Public Hearing. Marshall: Second. Moe: That's adjourned. Rohm: That, too. Moe: Okay. All those in favor say aye. Opposed? MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: We are adjourned at 8:10. MEETING ADJOURNED AT 8:10 P.M. (TAPE ON FILE OF THESE PROCEEDfNGS.) 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