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HomeMy WebLinkAbout3 27 2007 Minutes CITY of CTTYOFTWNFALIS Planniniz&Zoning Commission 305 YDAvenue East Twin Falls,Idaho Work Session: Nhrch 20,2007 12:OOP.M Public Hearing: March 27,2007 6:00 P.M S�.RV1yU l I \lJ MS PLANNNG&ZONVC COMy1fSSION MEIVIBERS: City Limits: Ryan Horsley Bonnie Lezamiz Gerardo NWoz Bernice Richardson Karen Stroder Cyrus Warren CarlYounkin Chairman Vice-chairman Area of Impact: Richard E.Mkesell Dusty Tenney ATIENDAM PLANNING AND ZONING MEMBERS: AREA OF IMPACT MEMBERS: Present Absent Present Absent Horsley None Nikesell None Lezanriz Tenney NMOZ Richardson Stroder Warren Younkin CITYCOUNCILMEMBERS PRESENT: Dwight MY STAFF PRESENT: Carraway,Fields,Humble,Jones,Westenskow,Wonderlich AGENDA HENE FOR PUBLIC HEARING AND CONSIDERATION L CALL MEETING TO ORDER A PUBLIC HEARING TTEN& 1. Request of Magic Valley Mall for a PUD Nbdification of the Magic Valley Mall PUD to allow for the addition of Mo(2)new pad sites and the expansion of tvo (2) existing sites on property located at 1485 Pole Line Road East, c/o EHM Engineering-Roger Kruger. (app.2098) Applicant Presentation: Roger Kruger,representing the applicant,stated this request is really a four part request.One part is to expand two existing site pads next to the Everybody's Business site;the second mould be to develop an additional pad site located next to the Locust Street/Pole Line approach.The third mould be to expand an existing site located next to the theater and the fourth mould be to develop and additional pad site on the north side by the entrance along Bridgeview.The parking ratio mould be reduced from 5.5 to 5.3 spaces per 1000 sq.ff which is 33%more than required by the current city standards.The landscaping would be affected along Pole Line and Bridgeviewbut would be mitigate by the addition of more trees and shrubs in those areas.Utilities mould be available to the two additional pad sites both onsite and offsite.No major infiastructure changes are anticipated,it is important to note at this point that only 20%ofthe amount ofretail allowed is being requested ifthe 4 to 1000 sq.ff is applied and the applicant is not looking for maximum usage ofthis area at this time. T�`i ini� PLANNW&ZONING CONMfSSION MARCH27,2007 NINUTES PAGE 2 OF 16 Questions/comments Commissioner Warren asked ifthey knew who the tenants would be. Mr.Kruger stated that they currently do not knowwho the tenants would be. Staff Review. Planning&Zoning and Development Manager Canaway stated implementation ofthe requested changes will not require any changes be made to approaches or to direct accesses. The expansions and additions would be ofan architectural style that would complement the existing buildings and be in harmony with the development ofthe area.The site plan submitted indicates that on the multi-store retail center the expansion site will require reconfiguring the parking area. The pad site on the northern portion ofthe site is shown with a drive-thru window,as was recommended by staff Adrive-thm windowrequires a special use pemut however,ifthe request is approved as presented a special use permit will not be required. She stated staff has reviewed this request and recommends the following condition(s)be placed on this request,if granted: 1. Subject To Full Compliance with the PUDAgreement. 2. Should 90-Degree parking stalls along the interior roadway on the northeastern portion ofthe property be developed,as shown on the site plan,Exhibit A2,city staffcan require traffic cah ing devices to help mitigate some ofthe impacts ofthe 90 degree parking. 3. Subject to site plan amendments as required by Building, Engineering, Fire, and Zoning Officials to ensure compliance with all applicable City Code requirements and standards. Questions/comments ffthe parking was removed that the city staffis concerned with would it alter the agreement with the mall. Mr. Kroger stated to remove these parking spaces would alter the agreement with the mall He wanted to make note that the parking is on a concave curve with a favorable backing out site range. The parking utilization study done around the busiest time of shopping season(the day after Thanksgiving)still showed only a 90%usage of the parking area available now and he is fairly certain that these parking spaces will be used very rarely. Public Hearing: Opened and closed without any public input. Deliberation Followed: Commissioner Nbnoz stated he doesn't have an issue with this request and would recommended approval. Mbtion: Commissioner Warren made a motion to recommend approval ofthe request as presented with staff recommendations. Commissioner Stroder seconded the motion. Roll call vote showed all members present voted in favor or the motion 9-0. RECOMMENDED FOR APPROVAL AS PRESENTED WITH STAFF RECO"43N DATIONS SHEDULED FOR CITY COUN-MPUBLIC REARM ON APRIL 23,2007 2. Request for a PUD Nbdification to the Northbridge M. 2 PUD Agreement to allow for a development that consists of more than ten(10)acres and that constitutes a Private/Public Mixed Use Development and to allow for additional building height on 16 (+/-) acres located SE of the intersection of the Snake River Canyon Rim and Washington Street North, c/o Federation Point,LLC-Fran Florence. (app.2101) Applicant Presentation: Fran Florence stated he is representing Federation Point who is developing River Vista. In order to move forward with this project with comrnunity amenities and to build taller binding we had to request a change in the city code. This change was approved and a Citizen Design Review Committee was developed to review the request for additional height. To date they have had a very good response to this change and when they went through the Citizen Design Reviewprocess the committee recommended approval for the additional height.The video presentation provided an electronic view ofthe project for the T�`i ini� PLANNW&ZONING CONMfSSION MARCH27,2007 NINUTES • PAGE 3 OF 16 audience and the commission to review. The uses for the buildings will vary from commercial uses,residential uses,and have a cultural component. The city code requires that a key component for this type of development along the rim incorporate a cultural component. The plaza area will accommodate such things as arts, farmers markets, cra$shows, live performances. The north end of Twin Falls is growing and it would be nice to have a place for people to congregate along the rim and provide a place for them to relax and enjoy the area. The trail system is public and the code has allowed for only certain types of developments to occur along the rim such as gated communities that are private or parking areas. As of yet there have not been any driving forces to develop public venues that allowpeople access as well as the ability to have a nice place to enjoy the views of the canyon. There will be many amenities the comtrnunity as a whole can enjoy as and it will provide a place for the arts council. As a reviewhe presented the key components of the code which he stated this project meets. O Located between Washington and Blue lakes O Nbre than 10 acres O Promote a mixture ofcultural and commercial activities O Needs to have multiple buildings O Public access to the tram O Promotes community interactions O Provides open spaces O Includes commercial,residential,professional and cultural activities O Citizen Design ReviewCommiLtee(recommendation process) Questions/Comments: Commissioner Warren asked if there is enough land to provide for a basement and if geological survey was done. NY. Florence stated that the geological study has been done and with the proposed construction plans it would allow for an underground parking area. Commissioner Munoz asked howwill the public event be handled and who will schedule them NY.Florence stated that the owners and the arts council will be the primary schedulers for events. It does allow for public access and the development is willing to work with the community to schedule events. As for the noise issue that was brought up in the preli nnirnary presentation meeting these events will be scheduled with the residential components of the development and other adjacent properties in mind Staff Review. Planning&Zoning and Development Nhnager Carraway stated the Citizens'Design Review Committee recommended the approval of the request for additional height for the two(2)buildings proposed on Lots 3&4 ofthe River Vista PUD based on the proposed building and concepts as presented in their meetings. They approved a maximum height of 84'4"from top of curb to the highest roofelement with a concrete structural system or 91'ifconstructed with a structural steel frame. At the preliminary presentation of the proposed PUD modification questions and clarifications were in regards to noise and light pollution onto surrounding areas. Noise from the outdoor performance area may carry beyond the development and there was a question as to what type ofperformances would occur and how the effects could be ni igated. The applicants comments stated Us development also has a residential component and that this will be kept in mind when events are planned which seemed to address this concem. There was also question about the lighting and if it would disturb neighbors or CSI operations such as the Planetarium The PUD Agreement has a section on`tan ination"that states that`exterior lighting devices shall be so arranged or shielded so as to cast illumination in a downward direction. Parking lot lighting shall be in confomnance with City Code provisions. All reasonable effort shall be made to minimize the harshness or glare of any lighting." The Commission may make recommendations regarding these issues if they feel that they aren't covered adequately by the PUD agreement. She stated staff has reviewed this request and recommends the following condition(s)be placed on this request,if granted: 1. Subject to site plan amendments as required by building,engineering,fire,and zoning officials to ensure compliance with all applicable City Code requirements and standards. 2. Limited to the two (2)buildings that were reviewed by the Citizen's Design Review Committee on September 25, 2006 and subject to a maximum height,as presented at that meeting,of 84'4"from top of curb to the highest roofelement with a concrete structural system or 9l'ifconstructed with a structural steel frame. T�`i ini� PLANNW&ZON NC''CONMfSSION MARCH27,2007 NINUTES PAGE 4 OF 16 Public Hearing: Opened Karl Lessley,, 1424 North Point Drive stated he will raise the same issue about the noise and would Ike to have the commission make a condition that would limit the use of amplified music. Travis Ray,2302 Settler's Ridge,stated they were hoping that this type of development would come through and he is in support ofthe request. Al Frost,2577 Sunridge Circle,representing Magic Valley Arts Council stated they will be occupying the first two floors of the west building and are excited about this project. Scot NtMley,305 Howard Drive,stated he would like to state he is in support ofthe request and this community is ready for this type ofproject.He stated he relocated his home to Settler's Ridge to be close to this community and cultural use ofthis development.They have met or exceeded his expectations and he is in support ofthe project. Ron Yates,441 Ehn Street,stated he supports the height ofthe buildings and this development would provide more security for the people along the path and allow for great views ofthe canyon.The architectural plan is beautiful,the one thing that he has a concern about is the public area,he stated 6 months ofthe year it is going to be warm and the rest will be winter.The building shade during the winter may provide an unsafe walldng area because of ice and snow build up he asked ifthese areas will have warming pads to prove a safe place for people to walk in the winter. Lindsey Caton,2591 Sunglow Circle,stated that she is in support ofthe request and since she has moved back to Twin Falls it would be nice to have this type ofcuhural area filling a void in this con mmnity. Lorisa Alexander,598 Sunrise Boulevard N,stated it is a great project to provide culture,arts and performances to the community. Terry Edwards,176 Long Island Drive,suggested that the Commission restrict the height ofbuildings along the rim. Closing Statements: Jeremy Aimsworth The Land Group,Inc,stated that they are looking at these issues and currently trying to decide where the manners need to be place to make the plaza safe in the winter. Public Hearing: Closed Deliberation Followed: Commissioner Mmoz stated he would be willing to consider a noise restriction for the property. Commissioner Stroder stated she would be in support of this project if it weren't on the canyon rim. It is a concern for her because it is a beautiful resource for the public. She stated she struggles with what this is going to do to a beautiful natural resource. Commissioner Tenney stated it is private property along the rim and we have imposed upon them the trail system. He stated at this point we are doing the best we can to get access and ifwe leff it as private homes the public would have even more limited access.The height he would rather see on the canyon rim rather than on farm ground. Commissioner Manz stated we have to pick between the lesser of two evils and rather than seeing small residential homes he would rather see building with a purpose and a project that incorporates the canyon rim into the project. The cultural activities and restaurants will make people more aware of the canyon. He stated living here he have not used the trail very often but with a facility Ike this it would probably get used more often. Commissioner Horsley stated he likes the architecture and is in support ofthe project. Commissioner Younkin stated some ofthe simplest concerns are not going to be relevant and the money that is being put into this development shows they will be taking care of the property. This will not be the kind of place that is going to promote a teenage type crowd. As for the heights these might be the only two for a long time and they may be the only focus for awhile. It is apparent that there has been a lot of thought put into this project and he is in support ofthe request T�`i ini� PLANNW&ZON NC''CONMfSSION MARCH27,2007 NINUTES • PAGE 5 OF 16 Nbtion: Commissioner Warren made a motion to recommend approval of the request as presented with staff recommendations. Commissioner Younkin seconded the motion. Roll call vote showed 7-1 in favor of the motion with one connr ssioner abstaining. Commissioners Horsley, Nbnoz, Richardson, Warren, Younkin, Tenney, and Lezamiz voted in favor of the motion.Commissioner Stroder voted against the motion and Commissioner Nikesell abstained from voting. RECO"AE DED APPROVAL AS PRESENTED WITH STAFF RECOMVENDATIONS SHEDULED FOR CITYCOLM-M PUBLIC HEARING ON APRIL 23,2007 Commissioner Younkin reviewed the public hearing process. 3. Request for a PUD Nbdification to the North Haven PUD Agreement to allow for a tire and lube shop with closed doors, a drive through facility for a pharmacy, a drive through facility for a garden center, to allow 24-hour retail operations as outright permitted and to allow signage as per city code for property located SW of the intersection of Washington Street North and Pole Line Road,c/o CLC Associates/EHMEnpineering-Gerald Nlartens. (app.2102) Applicant Presentation: Paul Smith representing Wal m rt stated he would like to review the questions and concerns from the preliminary presentation. Slide 1 presented indicates the landscaping at 5 years of growth addressing the request for more landscaping visual aides. The second question presented was how this project vA affect the planetarium The light poles will be 30 feet with 400 watt bulbs and are fully shielded. The sky lights inside the building will be closed in the evening. He stated they would like to send a lighting expert out to work with the observatory to plan for lighting that will not interfere with the planetarium The lighting restrictions will apply to all of the pad sites within the development. Slides 2-5 presented the signage and the architectural view of the building. 'They are asking that the sign code of Twin Falls applies to the property verses what is allowed on this property currently. Slide 6 showed an aerial depiction of a fully landscaped view. The third question that was raised was the noise involving the tire and lube shop and in this request the opening would be shut while the services are provided. The east side of the building is where the drive-thm for the pharmacy would be and it would not be visible along the surrounding streets due to the landscaping requirements. The garden center drive-thm is on the west side of the building. Slide 7 shows the aerial of the property in question as well as the developments to the west The slide illustrates Mere the 250'of the southwest corner of the property would not allow for a drive-thru or a fire and lube shop. The applicant is also requesting 24 hour retail operation. Slide 8 showed the mature landscaping along the property after 10 years. He stated that he hopes that this has addressed the concerns ofthe commission and stated they intend to work with the surrounding residents throughout this process. Questions/Comments: Commissioner Younkin asked if a closed facility for the fire and tube shop is normal and what about accommodations for large vehicles that don't fit in the closed door operation. Mr. Smith stated that the request for a tire and lube shop is common for Wal mart and that a larger vehicle that would not allowthe doors to be closed during service would have to be turned away. Commissioner Warren stated that a special use permit allows for these types of operations. He asked why the commission would want to change the entire PUDto allowforthese uses. Mr. Smith stated that Wal mart did not want to have to come through the Special Use Pemrit process for each item and that by changing the PUD these items would be allowed without the need for a Special Use Permit and that frankly they need these things to operate their business. Staff Review. TWINT � PLANNW&ZON NC''CONMfSSION MARCH 27,2007 MNUIES • PAGE 6 OF 16 Community Development Director Humble stated an applicant has the right to ask for an amendment to a PUD Agreement. In June of2004 the property was originally zoned residential and later came in for a rezone to PUD Business Park Al the time there was a lot of effort put into the creation ofthe PUD and it was approved with some support ofthe surrounding residential. The intersection of Washington and Pole Line is a significant intersection and it seems perfectly reasonable to see a large retail center at this intersection.Wal mart is only one pad in this development and is approximate ly'A mile away from the residential areas and the request is for a PUD change for the entire property.'Ihere are 4 changes requested: O Tire&Lobe Shop to have closed doors and operate lam-9pm O 24 hour retail operations O Dove-thru facilities O Signage Allowances Cu rently under the PUD Agreement non-retail uses are allowed any time ofthe day all day and that a request for 24 hour operations can be granted through the Special Use Permit process.This requested change to the PUD Agreement eliminates the Special Use Permit process.'Ihe final plat approval for this development occurred Sept 11,2006 and there are 10 conditions attached to the PUD and include such things as a right-of-way and street development.Wal mart would like to start immediately.They would be the first to be on the property which would require them to complete some ofthese conditions. Staff has reviewed this request and recommends the following condition(s)be placed on this request,if approval is recommended: 1. Subject to site plan amendments as required by building, engineering, fire, and zoning officials to ensure compliance with all applicable City Code requirements and standards,to include verbiage to be consistent with the current city code. 2. Subject to the Sign Plan modification reading: a. PROJECT SITE SIGNAGE: Project site signage shall be limited to monument type with a maximum height of 10 feet, measured above the adjacent curb; with a maximum size of 100 square feet per sign. One (1) monument sign per lot per street frontage will be allowed. No pylon or roof mounted signs will be allowed. Site Traffic Directional signage (ie. Enter/Exit Signs, Stop Signs, etc.) will be allowed per Chapter 9 — Sign Regulations ofthe Twin Falls City Zoning Code. b. BUILD1N SIGNS: Building signage shall be limited to flush wall mounted signs and shall conform to Chapter 9 —Sign Regulations of Twin Falls City Zoning Ordinance with regards to size and allowable number. 3. Subject to fire shop modification reading: [..] z.Tie shops—meeting the following criteria: Must be contained within and apart of an enclosed facility; Mast be a subordinate use to a main use; Be part ofa lobe&oil facility(ie.not a stand-alone business); Limited to the hours of a.m.—9 p.m.; Mast be 250'fiom the intersection ofthe centerlines ofCheney Drive West and ParkviewDrive. 4. Subject to the 24-hour retail operation modification reading: [..] aa. 24 Hour Retail Operations are permitted when conducted more than 250'from the intersection of the centerlines of Cheney Drive West and Park-view Drive. 5. Subject to the Drive-through facilities modification reading: [..] bb. Drive-thru Facilities as a permitted use when located more than 250' from the intersection of the centerlines of Cheney Drive West and Pa&iewDrive and provide stacking space for at least 6 vehicles. 6. Require compliance with building,signage,and landscaping plans as presented. 7. Require compliance with fighting restrictions as presented. T�`i ini� PLANNW&ZONING COMMISSION MARCH27,2007 NINUTES • PAGE 7 OF 16 Questions/Comments: Commissioner Mkesell asked ifwe can just put a special use permit requirement on all ofthe properties. Community Development Director Rumble state that an amendment would not be required except for the tire and lube shop. Commissioner Munoz asked about signage and the restrictions the concern is what will be allowed for the rest ofthe development if this change is made for the entire piece ofproperty. Community Development Director Humble stated the request is to allow for a monument signs and not allowpole signs and the signs would have to meet the sign Commissioner Stroder asked about building Cheney Drive and ifthis was not approved how it would impact the development of Cheney Drive. Conm mity Development Director fbmble stated the North Haven Subdivision has the building of Cheney Drive attached to the property as a requirement upon development.Once the property begins development Wal-mart has agreed to build all of Cheney Drive. • Commissioner Munoz ifwe outright permit these things for Wal mart only and by special use pemut for the rest ofthe property how mould the motion be warded. • Community Development Director Hi nimble stated it could be designated as the Wal mart site,by designating a portion of the property or it specific to the Wal mart budding. Commis s ioner Younkin read into the record a letter from Tom Frank which is filed with the application packet. Public Hearing: Opened • Marvin 1Vbnison,832 Taylor Street,stated he has lived in Twin Falls for 30 year.Wal mart will bring to the cornmuruty a lot ofbenefits and he is in support ofthis request. • J. Dee Nky, 516 Hansen Street East, representing the North Point Subdivision stated that Wal-mart doesn't always obey the rules. The city stuck by their guns when Wal mart was here before and they lei.Wal mart is back again and the PUD that was developed for this property was designed to help the commission control the things proposed for the property.Wal mart knew what they were getting into when they looked at this property for development.We mould like the commission to consider that they are the guardians for the community and there is no need to change this PUD Agreement. He asked that the Commission keep the Special Use process in place, don't be intimidated by the corporate heavyweights. The subdivision he represents asks that the integrity of this document be preserved and that the modifications requested be denied. • Rex LeForgee,255 Los Lagos,stated he owns property in the Los Lagos subdivision.He stated that the residents have been following this and the PUDwas brought forward with the concept of business park This group is here tonight to askthat the Commission not change the PUD agreement and allowfor these changes.The residents ofthis subdivision are opposed to this request. Karl Lessley, 1424 North Pointe Drive, stated the zoning for the property was originally zoned residential and this has changed. The PUD however has not changed for this property. These residents did not oppose this development but the PUD Agreement that was set up for the protection of the residential properties and to allow for some control over the property. The modifications that they are requesting will change the may this property was setup to be developed.If the Commission is concerned with the development of Cheney as a resident of Twin Falls he mould be willing to push through for another bond issue to develop Cheney Drive. He asks that the Commission not amend the PUD Agreement. Joann Jackson, 2190 Filer Avenue East, stated she has been through this several times it is documented that approximately once every 2 hours Wal mart is sewed because what they promise and what they do is not the same. She doesn't knowhowthe City is going to police the property and asks that the commission please protect the property owners. T�`i ini� PLANNW&ZON NC''CONMfSSION MARCH27,2007 NINUTES •'•-^" PAGE 8 OF 16 Gary Slette,P.O.Box 1906,representing Pole Line Properties LLC,the North Point Business Park stated they are the property owners on the entire Westside of the property and they are in support of the request.Pelican Development is in favor of this request and he stated he owns 10 acres in the development. He stated they are prepared to sign the amendments ofthis agreement once these changes are made. Jim Hrggens, 135 Los Lagos,presented a letter on May 31,2005 stating his personal views ofthe Wal-mart operation. He is opposed to the 24 hour operation, the light pollution, the tire shop, the drive thru pharmacies, and the trucks supplying Wal-mart.He asks that the restrictions remain the same and asked that the Commission deny this request David load, 245 Llillcrest Drive, the city must not break the North Haven PUD if the city does then they will not be trusted by the citizens. Wal-mart is asking the city to allow the 5 changes and they should be told no. Wal-mart does not care about the community and they continue to do these types ofthings.His concern is that once the Wal-mart is in place and there are problems with the facility their response that we will need to call the headquarter attorney's if we have an issue. Virginia Byron, 126 Los Lagos,stated she is a resent transplant to the area and lives in Los Lagos and her concern is it is not going to be a peaceful place anymore. She doesn't think Wal mart needs 24 hours operations to compete. Her other concern is having RVs parking in the lots of Wal mart for nights at a time. Don Acheson, 629 North Point Ranch, representing North Point Ranch Home Owner's Association, stated change is surrounding this area. The North Point Ranch Home Owner's Association is still in this area and we are in support of the high school and hospital.The passage ofthese changes to the PUD Agreement would eliminate the public input on the changes that can occur on this property.He would ask that the Commission not change the PUD Heath Coda,North Point Ranch, stated he is opposed to the change.He stated he would like to reiterate the opposition of these changes. He is in support of change in the comrrrunity however he would like the changes to benefit the community. There is already a 24 hour grocery facility about a mile from this location, there is a tire and lube shop across the way,having this development will impact the cornmanity but he feels it will be a negative impact. lie asked the commrission to keep the PUD Agreement in tact. Earl Williamson, 541 Brierclff Drive, stated he lives close to the hospital located on Addison and he stated it is interesting to him that the neighbors are not concerned about the new hospital that is going to be a 24 hour operation on the west. From his experience in living close to a hospital Wal mart will have a minor impact compared to the hospital. PUD Agreements are made for a reason and that is to make decisions about the property that are needed to make a project successful. Charley Airhart, 1167 Juniper Street, stated he is against Wal mart they say things they don't mean. They have problems in every area of the country they are in the older facilities have poor housekeeping of the properties and are not kept up.They don't deserve to build in this community and he is against this request. Randy Hill, 1450 Grace Drive East, a Wal mart customer stated that if you deviate from the PUD his concern is the traffic late at night would be significant to the neighborhood and 24 hours would draw more people to this area of the community that don't have good intentions.He would encourage that the Commission stick with this agreement Closing Statements: Karianne Fallow,7154 W State Street Bosie,Public Relations for Wal mart stated one of the reasons that she left this area is because there is a lack ofretail options.The request is asking that these changes be allowed,the project fits for the Comprehensive Plan and we went to give this community a store it can be proud of This store fits the business plans for Wal mart sound land use decisions need to be made without emotions impacting the decision. They have made many changes and significant accomnnodations to meet the needs of the community.The Tire and Lube Express does not change RVtires and large trailers they are sent to other local business. We want to be a long term partner in this community and we will do what we can to make this work Commissioner Tenney asked about the Special Use Permit process and wanted to know how they justify changing this requirement for the entire property. Mr. Smith stated this was being requested to avoid the need for additional public hearings. Public Hearing: Closed Deliberation Followed: * Commissioner Mkesell stated he doesn't have a problem with changing the tire—shop allowance in the PUD Agreement. T�`i ini� PLANNW&ZONING CONMfSSION MARCH27,2007 NINUTES •'•-^" PAGE 9 OF 16 Conan issioner Tenney stated this was developed originally as a business park and nowthey want to change more ofthe PUD.He stated he has concerns with changing the PUD. Commissioner Stroder stated the neighbors were there first and they have worked really hard to compromise. She stated that she understands the neighbors concerns and the development knewwhat was the situation was prior to purchasing the property and she has a problem with changing the PUD. Commissioner Warren stated he would be more comfortable with the Special Use Pemut process for the property than to change the entire PUDAgreement to outright permit these items requested. Commissioner Tenney stated the applicant has the right to ask for a PUD Nbdification as well as the Special Use Permit and the PUD Agreement outlines the way the development should be managed on this piece ofproperty. Commissioner Warren stated he has an issue with changing the entire PUD for the entire property.He stated there would have to be many restrictions for him to approve this type of change. Commissioner Younkin stated the After hour use is still there,the trucks are coming whether the business is open to the public 24 hours or not.The tire shop service is not going to be the major reason for going to Wal-mart.The biggest problem he has is the change for the entire property,signage is another issue for the property and the other developments for the other pads. Commissioner Horsley stated we have seen this several times and Wal-mart has been an issue for a long time.He stated he has voted against this in the past.There is now a hospital and a school going in this area and this is a nice development.The signs are minimal along with the design that they are showing He would be in favor with staff recommendations. Commissioner Younliri stated he likes the look ofthe store and the aesthetics.He would be in favor of applying these changes for the Wal mart site only not allowing the changes to the entire property requiring the rest to come back through the Special Use Pen nit process. There is not a lot going on during the later hours at night ifthey want to have customers late at night while they are stocking shelves,he doesn't see a problem with the 24 hour retail operations. Commissioner Tenney stated he doesn't see the reason for the change to the PUD all ofthese things can be requested through a Special Use Pemut request. Commissioner Lezamiz stated this is a major commercial and arterial intersection. She stated there 41 be traffic issues that will accompany the hospital as well as the high school. She also stated we as a community need to spread out and move away from Blue Lakes and she doesn't knowhow this can be accomplished without being near residential area. She stated she is reluctant to include the changes for the entire property and this requests should be specific to the Wal mart properties only.The other pad owners should still have to request the changes through the Special Use Permit process. She would support the request with it being restricted. Comnissioner Munoz stated without modifying the PUD the tire and lube shop doesn't happen and if we change the entire PUD we loose control and prohibit the public from having a say in the process.Commissioner Munoz stated his support is not based on financial or for the improvements to occur but is based on what is best for the community. Commissioner Tenney is not opposed to the tire shop but he is opposed to make the changes to include the entire piece ofproperty.He fiuther stated we have made changes to PUDAgreements in the past but for properties that are already up and developed.Wal mart knewvhat the restrictions were when theymade plans to build. Notion: (1) Commissioner Mkesell Made a motion to recommend approval ofthe changes subject to the Wal-mart property only with the staffrecommendations presented.Commissioner Warren seconded the motion. Dis cus s ion: Conmmissioner Tenney stated the concern with the motion he has is that if it is stated as subject to the Wal-mart property only Wal mart will just purchase the rest ofthe land and the motion becomes irrelevant. Notion Failed Community Development Director Humble stated if this is a concern ofthe commission members the motion can be stated as specific to the Wal mart building.He then reviewed the staff recommendations with the commission for clarification. k. Subject to site plan amendments as required by building,engineering,fire,and zoning officials to ensure compliance with all applicable City Code requirements and standards,to include verbiage to be consistent with the current city code. T�`i ini� PLANNW&ZON NC''CONMfSSION MARCH 27,2007 MNUIES '•=-^"' PAGE 10 OF 16 2. Subject to the Sign Plan modification reading: a. DEVELOPMENT SIGNAGE: Project site signage shall be limited to monument type with a maximum height of 10 feet,measured above the adjacent curb;with a maxinr un size of 100 square feet per sign. One(1)monument sign per lot per street frontage will be allowed No pylon or roof mounted signs will be allowed. Smite Tfa-flie Service Directional signage (i.e. Enter/Exit Signs, Stop Signs, etc.)will be allowed per Chapter 9— Sign Regulations of the Twin Falls City Zoning Code. b. BUKDIlNC SIGNS: Building signage shall be limited to flush wall mounted signs and shall conform to Chapter 9 —Sign Regulations ofTwin Falls City Zoning Ordinance with regards to size and allowable number. 3. Subject to tire&tube shop modification reading: [..] z.Tire shops—meeting the following criteria: Must be contained within and a part of an enclosed facility; Mist be a subordinate use to a main use; Be part ofa lube&oil facility(ie.not a stand-alone business); Hours are limited to 7 a.m.—9 p.m.; Restricted to the Wal-Nhrt building only. 4. Subject to the 24-hour retail operation modification reading: [..] aa.24 Hour Retail Operations are permitted for the Wal-Nhrt building only. 5. Subject to the Drive-through facilities modification reading: [..] bb. Drive-thru Facilities as a permitted use for the Wal Nhrt building only. 6. Require compliance for Wal-mart with building,signage,and landscaping plans as presented. 7. Require compliance for Wal mart with lighting impact mitigation plans as presented,including using maximum 30'light pole standards, 400 watt bulbs, shuttered skylights or no skylights, and a lighting specialist worldng with representatives ofthe Herrett Center Observatory. Nbtion: (2) Commissioner N&esell stated the motion should be specific to the Wal-mart building with the staffrecommendations as presented.Commissioner Warren seconded the motion.Roll call vote showed a count of 5-4 in favor of the motion. Commissioners Minoz,M resell,Horsley,Younldn and Lezamiz voted in favor and Commissioners Richardson,Warren Stroder and Tenney voted against the motion. RECON ENDED APPROVAL OF TB E REQUEST AS PRESENTED SUBJECT TO STAFF RECOWENDAUQNS AND RESTRICTED TO TIC WALrMART BUII DI NG ONLY SCHEDULED FOR CITY COUNCII,PUBLIC HEARING APRIL 23,200 Commissioner Stroder left the meeting 4. Request for the Commission's recommendation on the zoning designation for 17(+/-)acres proposed to be annexed with a zoning designation of R4 NW-PUD, currently zoned R-4, for property located at 234 and 350 Grandview Drive, c/o Kenneth Aromas. (app.2103) Applicant Presentation: Debra Requa, representing the applicant stated the request is for a zoning designation for 17 (+/-) acres of property requesting annexation into the city limits that is currently zoned R-4. The applicant is requesting an R-4 NVP PUD zoning designation. NY. Aromas wants to expand the current mobile home park and provide affordable living. He will close the southerly entrance; there vAl be parking lots accessible throughout the park with a barrier between commercial and the residential properties. The property owner will comply with all City Code requirements and standards. There will be residential against commercial but there will be a cement wall barrier installed between these two properties to elevate some ofthese issues.The park will be upgraded and provide two entrances into the property. T�`i ini� PLANNW&ZON NC''CONMfSSION MARCH27,2007 NINUTES PAGE 11 OF 16 Questions/Comments: Commissioner Munoz asked about fencing between the residential properties and the mobile home park on the east side and the parking M. Requa stated that there will be a screening wall put in this area to separate the single family residences from the mobile home park and additional parking will be put in throughout the park StaffReview: Planning&Zoning Development Nhnager Carraway stated this is a mo part request-the first part is for annexation of approximately 17 acres for property currently zoned R4. The second part is for a zoning district change and zoning map amendment to change the 11 acres from R4 to R41Vbbile Home Park P-LD Approval ofthis request will allow the applicant to expand an existing mobile home park and provide for city water&sewer to the facility. She stated staffhas reviewed this request and recommends the following condition(s)be placed on this request,if granted: 1. Subject to site plan amendments as required by building,engineering,fire,and zoning officials to ensure compliance with all applicable City Code requirements and standards. 2. Subject to arterial and collector streets adjacent and within the property being rebuilt or built to current City standards upon development ofthe property. 3. Subject to compliance with City Code 10-6-2;Nbbile Home Park P-M. 4. Closure ofthe southerly access shown on the master development plan. 5. Subject to additional parking for guests and visitors being provided at one(1)space per three(3)residential units. Public Hearing: Opened Ray Coats, owner of Triple C Concrete, stated they have no objections. His only concern is the noise from the equipment and the dust that comes from the concrete yard.He hopes that this won't be an issue but is concerned with complaints from the residents that mayput a mobile home in close proximity to that side ofthe property. Deliberation Followed: Commissioner Horsley asked about a nuisance waiver. Community Development Director Humble stated that a nuisance waiver wauld be attached to the property and not the individual spaces.He also stated this is probably a better use than ofthe property then for single family residents under the current zoning designation. Public Hearing: Closed Nbtion: Commissioner Lezanriz made a motion to recommend approval of the request as presented with staff recommendations. Commissioner Warren seconded the motion. Roll call vote showed all members present voted in favor or the motion 8-0. RECON><V \DED R-4 NUP PUD ZQI\M DESIGNATION W M STAFF RECONfM%4DNTIONS SCHEDULDED FOR CITY COUNCIL PUBLIC HEARNG APRIL 23,2007 5. Request for a Special Use Permit to operate an automobile sales business in conjunction with an auto service and repair business and a truck/trailer rental business on property located at1105Kiimberly Road,c/o Ken Stevens. (app.2105) Applicant Presentation: NY. Stevens the applicant stated he wants to be able to sale more than 5 vehicles a year from this property, in order to legally sell more than 5 cars a year you have to have a dealer's license. He wants to move on from the issues that have occurred in the past and make the property useful as well as profitable. T�`i ini� PLANNW&ZONING CONMfSSION MARCH27,2007 NINUTES PAGE 12 OF 16 Questions/Concerns: Commissioner Munoz asked about the alternative landscaping Mr. Stevens's state there was an agreement before for two small trees and six small shrubs; the agreement was to place them on the property without interfering with traffic flow. Staff Review. Planner I Westenkow stated that on December 8, 1998,the Planning and Zoning Commission approved Special Use Permit #0582 for automobile sales to Rick Nbeller. If Special Use is not implemented,the condition not completed,or the use not in effect for a year the permit is terminated. On Nhrch 25,2003, Special Use Pemut#0809 was granted for an automobile service and repair business in conjunction with a mobile service business to Kenneth Stevens. On December 13, 2005, Special Use Pemrit#0957 was approved for the purpose of operating a truck rental business at this location in conjunction with auto service&repair subject to tvvo(2)condition: 1)Assure compliance with all City zoning,building,engineering,and fits code requirements. 2)The alternative landscape plan,as presented,shall be a minimum of617 sq.I and shall be completed by June 1,2006. The approved alternative landscape plan included 2 trees and 6 bushes in pots or planters as shown on the property site plan. She stated staff has reviewed this request and recommends the following condition(s)be placed on this request,ifgranted: 1. Subject to site plan amendments as required by building,engineering,fire,and zoning officials to ensure compliance with all applicable City Code requirements and Standards. 2. Full compliance with Special Use Permits 0809&0957. Questions/Concerns: Commissioner Manz asked about the approved alternative landscaping plan for 617(+/-)sq. ft of landscaping to be placed on the property and asked ifit is to be visible at all times. Planner I Westenkow stated the requirement is based on the size ofthe parking area and is for beautification purposes. Public Hearing: Opened Ron Yates,441 Elm Street,stated he lives close by this business and he has a question about the request ifhe Aunts to sale the place or does he want to do business there. Since this business has been in this man possession he has not seen business going on at this location. The landscaping that he has should not qualify as landscaping and perhaps some beautification of the property wwuld bring more business. Closing Statement: A. Steven stated that if someone buys this property that would be okay with him and wwuld allow him to put this issue behind him. He would however like to have this approved so that he can earn money and be able to maintain the property. lie stated the code required the landscaping if the building was being remodeled. The building is not being remodeled. Public Hearing: Closed Deliberation Followed: • Commissioner Tenney stated the parking lot is all concrete and the lot looks better than it used to. • Commissioner Mxnoz stated previously we gave the applicant a 617 sq. fl of alternate landscaping approval as a condition for the SUP and he still has not seen this itnprovement. The business that was there before was not kept up well the property does look better but these condition should have to be met by the applicant. • Commissioner Richardson stated you can't see these plants ifthe cars are parked on the lot. • Commissioner Horsley stated his concern is that this is a difficult piece ofproperty. • Commissioner Tenney stated that he has a problem seeing how 617 sq.fl of landscaping will fit on this property. • Commissioner Warren read the alternative landscaping plan which consisted oftwo trees and six plants. • Planning&Zoning Development Nhnager Canavuay the trees are required to be a minimum of4 feet tall T�`i ini� PLANNW&ZONING CONMfSSION MARCH27,2007 NINUTES • PAGE 13OF16 Nbtion: Comnnissioner Tenney made a motion to recommend approval of the request as presented with staff recommendations. Connnissioner Warren seconded the motion. Roll call vote showed a 5-3 vote in favor of the motion. Commissioner Warren, Younkin, Tenney, NSkesell, and Richardson voted in favor of the motion. Comrrrissioner Lezamiz, Horsley, and Nbnoz voted against the motion. APPROVED AS PRESENTED V*TI I STAFF RECONNENDATIONS 6. Request for a Special Use Permit to operate an automobile service and repair business on property located at 309 Addison Avenue West,c/o Done Right AutolM&Ntlonie Keesler. (app.2106) Applicant Presentation: Zany Keesler stated he is trying to put in an auto repair shop at the old location wkrere the Combs Car Corral was located. He introduced NA. NI M len the owner of the property and stated he would be speaking on his behalf Mr. NbNWn stated he has owned this property since 1991 and there have been special use permit allowed several times.'Ibe landscaping has been put in place.The applicant is an honest guy that wants to put an auto repair shop in. Questions/Comments: Commissioner Tenney asked if the applicant understands the staff recommendations and is willing to meet the standards. li� fiuther explained the concern is that we are trying to avoid having this lot turn into a junk yard for vehicles. Mr.Keesler stated he had a shop in Nbuntain Home and he kept a nice business.Ile stated he believes in keeping the property nicely managed in order to get customers and maintain the business. He stated he does understand the conditions placed on the request and will abide by them. Staff Review. Planning&Zoning Development IvImager Canaway stated the applicant is requesting to operate an automobile and repair business from 8:00 a.m.to 5:30 p.m.,Nbnday through Friday. It is anticipated that there would be 10(+/-)vehicle trips generated by the site so the impact to traffic would be minimal. Review ofthe submitted site plan showthe parking &landscaping requirements comply with minunurnrequirements. She stated staffhas reviewed this request and recommends the following condition(s)be placed on this request,if granted: 1. Subject to site plan amendments as required by building,engineering,fire,and zoning officials to ensure compliance with all applicable City Code requirements and Standards. 2. Operating hours 8:00 am to 5:30 pm,Nbnday through Saturday. 3. Vehicles not being repaired are not to be stored on site. 4. AD parts and miscellaneous equipment to be store inside ofburldmgs. 5. Assure that no vehicles associated with the repair business are parked on adjacent properties or on public right-of-way. 6. Install sand&grease interceptors as required by Building and City Wastewater codes. 7. Retain all stomrwater on site. 8. The Special Use Penn it to expire in 1 year. Public Hearing: Opened Chuck Sharp, owner of the business directly to the south of the proposed property, stated he has nothing against Larry and Nblonie Keesler but that his concern is the parking. The parking on the west side of the property is a major concern. The average repair shop has about 20 vehicles at one time on the property. He would ask that a condition be placed on the SUP to include a time limit. He believes that he is going to have the same issues as before when the property was being used. He stated he wants to have these issues addressed and be assured that there won't be problems like before. T�`IN PLANNW&ZONING CONMfSSION MARCH27,2007 NINUTES PAGE 14 OF 16 Closing Statements: Nt. Keesler stated he would put up a sign to keep his customers from parking on the adjacent properties. He stated he feels there may be alternative motives to this rebuttal because adjacent property owner would hike to purchase this property and if it stays vacant or they make enough complaints that this may assist them in doing so. He also stated that he is leasing this property but he will be responsible for taking care of the business, he is not requesting anything from the adjacent property owners and he is not the same person that leased the property before. He doesn't feel it is fair to be penalized for someone else's behavior and poor business practices. Public Hearing: Closed Deliberation Followed: Commissioner Warren stated he feels the applicant needs a chance to prove himself Commissioner Mrnoz stated that there could be a conditional one year lin itation and if the applicant is not meeting the required conditions the adjacent property owner can petition for a revocation process to occur. Commissioner Richardson stated that this is a one man operation there shouldn't be that many issues. Commissioner Lezamiz stated it would be the responsibility ofthe applicant to manage his customers and the property. Commissioner Younkh stated that he would be willing to approve with a year limitation. Commissioner Tenney stated that he doesn't want to penalize the applicant for past issues. Nbtion: Commissioner Mrnoz made a motion to recommend approval ofthe request as presented with staffrecommendations and a one year expiration.Commissioner Younkin seconded the motion. Roll call vote showed a 7-1 vote in favor ofthe motion. Commissioners Warren, Younkin, Tenney, Lezamiz, NSkesell, Mrnoz, and Richardson voted in favor of the motion and Commissioner Horsley voted against the motion. APPROVED AS PRESENTED WITH STAFF RECONNENDATIONS AND THE SPECIAL USE PERMIT TO EXPIRE IN 1 YEAR 7. Request for the Commission's recommendation on the zoning designation for 19.1 (+/-)acres proposed to be annexed with a zoning designation ofGl &NL2, currently zoned C-1 and NL2, located on the south side of the 3100 block of Kimberly Road,c/o Red Coat,LLC&Broken Arrow,LLC. (app.2107) Applicant Presentation: Mark Koller,representing Broken Arrow,LLC and Red Coat,IIIC, stated he is here tonight to request a zoning designation for 19.1 (+/-)acres requesting to be annexed. The plan is to build a couple of warehouse buildings along the industrial side of the property and to develop the commercial property when the need arises for a future tenant. The two applicants represented tonight are different business but are working together and would like to be able to have the property annexed to gain access to city services. Staff Review. Planner I Westenskow stated the land use proposed is consistent with the zoning as well as the comprehensive plan. The staffhas reviewed this request and recommends the following conditions 1. Subject to amendments as required by building,engineering,fire,and zoning officials to ensure compliance with all applicable City Code requirements and Standards. 2. Subject to arterial and collector streets adjacent and within the property being rebuilt or bunt to current City standards upon development ofthe property. T�`iir►i� PLANNW&ZONN('CONMfSSION MARCH27,2007 NINUTES • PAGE 15OF16 Public Hearing: Opened and closed without public input Deliberation Followed: Commissioner Horsley stated he has no problem with the request Nbtion: Commissioner Nlikesell made a motion to recommend the zoning designation ofGl &NQ with staffrecommendations. Commissioner Warren seconded the motion. Roll call vote showed all members present voted in favor ofthe motion 8-0. RECOMMENDED C-1 &1Vt2 ZONl`K'J DESIGNATIONWITHSTAFF RECONI<V 2,DATIONS SCHEDULED FOR CITYCOUNCIL PUBLIC REARM APRIL 23,2007 B. CONSIDERATION NEW NONE 1. Consideration of the request for an extension of the prelinrinary plat for Davis Subdivision c/o EHM Engineering-Trent McBride. Applicant Presentation: Mr.McBride representing Davis Subdivision is requesting that the preliminaryplat be approved for an extension.There has been a changed to the condition that we have requested.The change has been approved to reduce the 80'setback to a 65' setback from the centerline ofFalls Avenue East because no driveway approaches will be allowed directly on Falls Avenue East. Staff Review. Planning&Zoning Development NUnager Carraway staffdoes concur with the change in condition to reduce the 80'setback to a 65'setback along Falls Avenue East This is a reasonable request and staffrecommends approval ofthe extension.ffthe requested is granted the extension is good until July 12,2007. She stated staffhas reviewed this request and recommends the following condition(s)be placed on this request,if granted: 1. As per City Code §10-7-6(C),a 65'bui1ding setback will be allowed from the centerline of Falls Avenue East if lots do not directly access Falls Avenue East. 2. The storm water calculations must be rationally based on the driveways, parking areas, and building roof areas plus paved appurtenances such as entryways,patios,etc. 3. Skew the bike path curb cuts to improve flow. 4. Build an arterial approach to the subdivision. 5. Subject to site plan amendments as required by building,engineering,fire,and zoning officials to ensure compliance with all applicable City Code requirements and Standards. 6. Subject to compliance with City Code 10-12-3.11 prior to final plat approval. Public Hearing: Opened and closed without public input. Deliberation Followed:NONE Nbtion: Commissioner Richardson made a motion to recommend approval ofthe request as presented with staffrecommendations. Commissioner Warren seconded the motion. Roll call vote showed all members present voted in favor or the motion 8-0. APPROVED AS PRESENTED WITH STAFF RECOMVEMATIONS TWIN PLANNW&ZON NC''CONMSSION MARCH27,2007 NINUTES • PAGE 16 OF 16 R MMUS OF FACT'AND COtsULUSIONS OF LAW:NONE a. Fanners National Bank-SUP b. Fanners National Bank-Findings c. Km Ostrom—SUP d. Km Ostrom-Findings e. Elite TMors Findings £ Elwuod Lee Wilson-Findings g. Harris Automotive Findings h. South ViewEstates Subdivision-Findings i. Sto-N•Go Subdivision-Findings j. MAfIV-SUP Denial Ill. APPROVAL OF MNUIES: February 27,2007 Nhruh 13,2007 UNANMUSLYAPPROVED N DATES OF UPCON4NG PLAWWj&ZON NC CONMSSIONN EETMS: Work Session: April 3,2007-12:00 P.M Regularly Scheduled Public Hearing: April 10,2007—6:00 P.M V. PUBLIC MU 'AND/OR TIENE FROMTEE ZONINU AND DEVELOPNENT MANAGER AND THE PLANMNG&ZONIlNU CO1M1V1G SION U ADJOURN NEETM Chairman Horsley adjoumed the meeting at 10:52 p.m. Lisa Jones Adrninistrative Assistant Community Development Department