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HomeMy WebLinkAboutJanuary 5, 2006 P&Z Minutes .,. ,- Meridian Planning & Zoning Commission January 5, 2005 Page 29 of 93 Rohm: Commissioner Moe. Moe: Sorry. Interrupted you there. I move that we close the public hearings on -- hearings AZ 05-055, PP 05-057. Zaremba: Second. Rohm: We have a motion and a second to close public hearings on AZ 05-055 and PP 05-057. All those in favor say aye. All those opposed same sign? Motion carries. Good. MOTION CARRIED: ALL AYES. Moe: Mr. Chairman? Rohm: Commissioner Moe. Moe: I move to recommend approval to City Council of file numbers AZ 05-055 and PP 05-057 as presented in the staff report for the hearing date January 5th, 2005. End of motion. Borup: Second. Rohm: We have a motion and a second to move onto City Council recommending approval of AZ 05-055 and PP 05-057. All those in favor I say. All those opposed same sign? Motion carries. Thanks, Kevin. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: RZ 05-020 Request for a Rezone of .17 acres from R-4 to O-T zone for operation of a barber shop for Fred's "Reel" Barber Shop by Fred Pratt - 1127 North Meridian Road: Rohm: Okay. At this time I would like to open the Public Hearing on RZ 05-020 for Fred's Reel Barbershop. Start with the staff report. Wilson: Thank you, Mr. Chairman, Members of the Commission. Sorry, you caught me off guard a little bit there. This application is for rezone of .17 acres from what is currently R-4, which is medium density residential, to Old Town, for the operation of a barbershop by the applicant Fred Pratt. This is located on the west side of Meridian Road and on the southwest corner of Meridian Road and Washington. There is currently an existing -- what was an existing house there that has been converted to the barbershop and the applicant has submitted a site plan on how he intends to develop the property as the barbershop. The staff is aware that the barbershop is in operation. The applicant did start it up and put up a sign and, then, realize that there was some process to go through here. So, he is before you tonight for a rezone. As staff we are Meridian Planning & Zoning Commission January 5, 2005 Page 30 of 93 always supportive of when people genuinely make a mistake that they continue -- that they are allowed to operate while they are in good faith in the process. So, I believe he has been operating the barbershop while the application was going through the process to get before you tonight. Because it is solely a rezone, we cannot condition rezones. There are some staff comments that there will be some further approvals that are required as part of this, so I think that's, really, what I will highlight on. The main thing being prior to the site improvements, being in the Old Town zone, the Unified Development Code does require administrative design review process on the property and that will be part of this certificate of zoning compliance approval, which is a staff level analysis of how his proposed site improvements meet city code in terms of parking, landscaping, site access, and layout. As I mentioned, he did provide a conceptual site plan, which I think -- we think works very nicely. The parking is proposed to be in the rear. Access off of Washington Street. ACHD will require some roadway improvements along Washington. There is some required landscaping around the parking areas and this plan, as it is shown here conceptually, does meet the dimensional requirements of the UDC. It's important to point out and make sure the applicant is aware that he does have some building department approvals to obtain, you know, make sure he gets his commercial occupancy and takes care of any permitting required to bring this building up to a commercial standard. I don't know where it sits now in that regard and maybe the applicant can address that in his comments. But it will -- he will need to make sure that he does have a commercial occupancy on the property and oftentimes that involves things like handicapped access, bringing bathrooms up to commercial standards, and things such as that. So, I did want to make sure he's aware of that. Really, other than that, I think that's going to be the extent of my comments, other than he will be required to come in for that administrative sign review and certificate of zoning compliance approval prior to the site improving. So, really, that's what we hang our hat on here, since this is a rezone. And I think with that I'll take any questions. Rohm: Thank you for your comments. Before any questions are asked, I would like to comment that it's very nice to see a reapplication of a residential area into a commercial development within Old Town that lays out so nicely. Many times we end up with a redevelopment that the parking is nonexistent or we have to count on the existing parking off site to meet the standards of the city and this development here appears to meet all the needs and requirements and it's quite nice to see this. So, I just wanted to comment on that prior to any additional questions. So, at this time any questions of staff by the Commission? Zaremba: Mr. Chairman, I do have a question. Rohm: Commissioner Zaremba. Zaremba: And it's about the location of this sign. Meridian Road, finally in the process of being officially designated as a future five lane road, are we sure that that sign is outside of the future right of way? '. ',' Meridian Planning & Zoning Commission January 5, 2005 Page 31 of 93 Wilson: I will let the applicant address what ACHD told him in terms of the right of way that he has, but it's my understanding that, yes, it is. Zaremba: Okay. That's it. Thank you. Rohm: Okay. Thank you. Any other questions of the staff? Okay. Would the applicant like to come forward, please? Pratt: Good evening. Fred Pratt. I reside at 3771 West Verbina. Rohm: At this time, basically, you just respond to the staff report or some of your thoughts on the project and maybe your understanding of some of the permit requirements. Pratt: Well, in regards to the permits, I did pull a permit for the plumbing and I did -- I did pull a permit for the plumbing and I am in compliance with the ADA for the bathroom. And my sign is -- it's 13 feet back from the street, which I believe ACHD said they are going to take ten feet. Rohm: And I think it's safe to say that this Commission is not about the permit process. What we are doing here today is just the rezone and that -- so, at some point in time before you are through this whole process, then, you will have to have all your permitting, but that's separate and aside from this application and just wanted you to know that the two don't run concurrently. Pratt: Okay. Rohm: Okay. Any questions of applicant by the Commission? Borup: It sounds like you have already met with ACHD and you know a list of what requirements they are going to have? Pratt: Yes, sir. Borup: Okay. Zaremba: Mr. Chairman? Rohm: Commissioner Zaremba. Zaremba: Let's see. I believe I understood staff to say that you're actually operating already and just in the process of making the paperwork and the ordinances catch up with it and I appreciate your doing those things. Do you have a time frame on when you will be totally in compliance? ..' Meridian Planning & Zoning Commission January 5, 2005 Page 32 of 93 Pratt: I'm just going through the process right now. This is, I guess, the first step. I'm just trying to get all my ducks in a row. Zaremba: Yeah. Okay. You're proceeding with that as fast as you can? Pratt: Yes, sir. Zaremba: Okay. Thank you. Rohm: Any additional questions for the applicant? Zaremba: I guess while the applicant is here, I would redirect that same question to staff if I could. Would we want to put a time frame on how long he can continue to operate until the paperwork's all in order or -- or let it roll the way it is? Wilson: I guess I wouldn't really know what time frame to put on him. The building department -- I'm just trying to think of how enforcement-wise -- you know, when does it kick -- because if it was not okay with Planning and Zoning, he would, actually, be receiving a violation right now for operating. So, as far as timing-wise, you know, what do we tie it to and how do we figure out how long? Zaremba: I was going to suggest a fairly long time frame, nine months or a year. Something like that. Wilson: I think 12 months is reasonable. You know, once he gets through the rezone process, then, there is the matter of preparing his site drawings. He will have to have some civil drawings by an engineer for the parking lot, get through the Public Works Department and the building department, but I think a year is probably reasonable, if the 12 months was from rezone of the property by ordinance at City Council, then, that doesn't tie him up to the time he's being rezoned. Zaremba: Yeah. A year from City Council approval, if we make that recommendation? Wilson: I think so. I think that's pretty reasonable. Zaremba: Mr. Pratt, can you be comfortable with that? Pratt: Yes. Zaremba: Okay. The issue being that if we find out that this building really can't be used the way you're using it, we need to have some way to tell you to stop, so -- Pratt: I understand. Zaremba: We are all hoping that it will be appropriate, but that was my only -- Meridian Planning & Zoning Commission January 5, 2005 Page 33 of 93 Rohm: Okay. Good. Thank you. Pratt: Thank you. Rohm: At this time I would like to open it up to public testimony and we have nobody that is signed up to this, but this is the opportunity to come forward and be heard. Okay. With that, with nobody coming forward, at this time I would like to throw it back to the Commission, if there is any discussion amongst the Commission prior to closure of the Public Hearing or any questions of staff? Zaremba: Mr. Chairman, I would comment that this, to me, seems to be exactly what the purpose of the Old Town designation is. This is an area that's transitioning from formal residential into small businesses and my opinion this is something that complies exactly with what is envisioned and should be Old Town and proceed. Rohm: Yes. Thank you, Commissioner Zaremba. Any other comments? With that being said, I would entertain a motion to close the Public Hearing. Borup: So moved. Zaremba: Second. Rohm: Okay. It's been moved and seconded that we close the Public Hearing on RZ 05-020. All those in favor say aye. All those opposed same sign. Motion carries. MOTION CARRIED: ALL AYES. Wilson: Mr. Chair, if I could just add one thing. Being that this is a rezone, the requirement -- the 12 month time limit would have to be through a development agreement, so you as a Commission will need to add a requirement for the applicant to enter into a development agreement with the city. I believe that's the only way we can get this done. Rohm: That's a good thing. And if Commissioner Zaremba wanted to make a motion to that effect, it would be perfect. Zaremba: I believe that was the only change we needed to add. Chairman? So, yes, Mr. Rohm: Commissioner Zaremba. Zaremba: I move we forward to City Council recommending approval of RZ 05-020, to include all staff comments of their memo for the hearing date of January 5, 2006, received by the city clerk December 30, 2005, with one change and that is that the applicant is requested to enter into a development agreement with the city and to contact Mr. Bill Nary to get that initiated and the development agreement to include that Meridian Planning & Zoning Commission January S, 200S Page 34 of 93 he may continue operating the business that is already there while the paperwork catches up to the legality of that for a period of 12 months from approval by the City Council. End of motion. Newton-Huckabay: Second. Rohm: It's been moved and seconded that we folWard onto City Council recommending approval of AZ 05-020. All those in favor say aye. Opposed same sign? Motion carries. MOTION CARRIED: ALL AYES. Rohm: Traditionally, we take a break at 9:00 o'clock, but I think that due to the rapid pace that we have set tonight, I think we will take a break now and we shall reconvene at 9:00 o'clock. (Recess.) Item 18: Public Hearing: AZ 05-059 Request for Annexation and Zoning of 9.71 acres from RUT to R-4 zone for Meridian High School ball fields and Technical Center by Hummel Architects, PLLC - 2090 West Pine Avenue: Item 19: Public Hearing: CUP 05-053 Request for Conditional Use Permit for ball field lighting adjoining a residential district for Meridian High School ball field & Technical Center by Hummel Architects, PLLC - 2090 West Pine Avenue: Rohm: At this time I'd like to reconvene our Planning and Zoning meeting and let the record be noted that all Commissioners are present. Okay. At this time I'd like to open the public hearings for AZ 05-059 and CUP 05-053. And this is for Meridian High School Ball Field and Technical Center. Moe: Mr. Chairman? Rohm: Commissioner Moe. Moe: Due in part that the company I work for are construction managers for the school district and I'm heavily involved in those projects, I do believe this would be a conflict of interest for me to be involved in this hearing. Therefore, I will recuse myself from this hearing. Rohm: Thank you, Commissioner Moe. With that being said, I'd like to hear the staff report, please.