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HomeMy WebLinkAboutMarch 15, 2007 P&Z Minutes Meridian Planning & Zoning March 15, 2007 Page 39 of 49 and we are sure going to miss you and do appreciate the -- all the many hours you have spent up there making the tough decisions. You're going to be missed and thanks again for your hard work. Borup: Thank you. I have enjoyed it. Rohm: And as one of the fellow Commissioners, when I first came on the Commission, Commissioner Borup was the chairman and I have to say that I learned a great deal from him and I will miss him greatly and I value his input throughout the length of time that I have been on the Commission myself. Moe: It would be my turn now. Actually, I have had the pleasure of serving with Keith on a couple different boards and it seems like he'd leave and, then, I'd end up following him into the next one and whatnot and I, too -- I have learned quite a lot through -- through watching Keith and I do appreciate all his help in getting me to understand just what this position was all about. So, you will be very much missed, no doubt about it. Borup: I will be thinking of you guys late Thursday nights. Rohm: Anyway, thank you. We are going to take about a ten minute break. Hood: And we are -- just because you are our snack guy, we did -- we do have a little treat for you as well in the break room there, so -- it's nowhere near the amount of -- the hunger pains that I have had throughout the hearings and your little black bag coming to the rescue, but there is a little treat back there. Rohm: Good. Thank you. Will be back in ten minutes. (Recess.) Item 13: Continued Public Hearing from March 1, 2007: AZ 07-002 Request for Annexation and Zoning ot 0.42 ot an acre trom R1 to C-G zone for the property located at 1970 N. Meridian Road tor Hartz Music Shop by Hartz Music Shop - east side of N. Meridian Road & north of E. Fairview Avenue: Item 14: Continued Public Hearing from March 1, 2007: RZ 07-003 Request for a Rezone ot 0.38 ot an acre from L-Q to C-G zone for the property located at 1990 N. Meridian Road for Hartz Music Shop by Hartz Music Shop - east side of N. Meridian Road & north of E. Fairview Avenue: Rohm: At this time I'd like to reopen the regularly scheduled meeting of the Planning and Zoning Commission. And, let's see, at this time I'd like to open the Public Hearing on AZ 07-002 and RZ 07-003. Both items related to the Hartz Music Shop and begin with the staff report. Meridian Planning & Zoning March 15, 2007 Page 40 of 49 Watters: Mr. Chairman, Members of the Commission, the applications before you are an annexation and zoning and rezone request for the properties located at 1970 and 1990 North Meridian Road on the east side of north Meridian Road, approximately a quarter mile north of East Fairview Avenue. The zoning map. Here is the aerial of the property. Residential apartments, zoned R-15, abut the site on the north and the east, along with single family residences to the east, zoned R-8. To the south is vacant, undeveloped land, that the owner is currently in the process of annexing into the city with a C-C zone. To the west are offices. My pointer's not working here. Zoned L-O and rural residential property in Ada County zoned RUT. The property at 1970 North Meridian Road consists of .42 of an acre and it's currently zoned R-1 in Ada County. That's the portion right there. The property at 1990 North Meridian Road consists of .38 of an acre and it's currently zoned L-O. The applicant is requesting that both of these properties be zoned to the C-G zone, which complies with the Comprehensive Plan map designation of commercial. The applicant intends to expand Hartz Music Shop currently operating on the parcel to the north and continue the current music instruction and music retail sales operation. In the future the applicant would like to have an indoor or outdoor stage between the two existing buildings for small shows and recitals. Here is a copy of the site plan. The existing Hartz Music Shop is right here on the north. The existing residence is here on the south. The area in between is where they are talking about eventually having a stage. Staff is recommending that the subject property be zoned C-C, instead of C-G, for consistency with the C-C zoned property to the south and for a less intense commercial zone adjacent to the existing residential uses abutting the site. The C-C zone will allow the applicant to use and develop the property as they have proposed, the same as the C-G zone. The applicant is in agreement with staff's recommendation of the C-C zone for the subject properties. Access to the site will be provided from one access point to North Meridian Road and cross-access is required with the Hoyd property to the south for access to Carmel Drive. Well, I'm really having problems with this pointer. The drive you can see on the northwest corner of the property up there is the drive that they will be using. Off-street parking is shown on the conceptual development plan. These are existing photos of the site. The structures. This is Hartz Music Shop on the top and this is the existing residence here on the bottom. No landscaping improvements are required at this time, but will be required upon development of the property. Staff is requesting that a development agreement be required for this property to insure that future cross-access is provided to the property to the south. To limit hours of operation for future businesses to between the hours of 6:00 a.m. and 10:00 p.m., because the property is adjacent to residential uses, to insure that the development of the property substantially complies with the conceptual site plan submitted with this application and other standard development agreement provisions. Staff is recommending approval of the requested annexation and zoning and rezone application, with a C-C zone, instead of C-G, as stated in the staff report. That's all staff has, unless the Commission has questions. Rohm: Thank you, Sonya. Any questions of staff? Would the applicant like to come forward, please? Meridian Planning & Zoning March 15, 2007 Page 41 of 49 Hartz: Thank you, Mr. Chairman, Commissioners, and especially Commissioner Borup. How fortuitous that I would be here for his last Planning and Zoning hearing. He was here the first time when I -- in '99 when I got the 1990 parcel zoned to L-O and he's always -- he's been one of my long-time clients, as his son is a guitarist -- was a guitar student of mine, and I'm glad that I'm here, Keith, to be here for your sayonara party. I concur with everything that staff has, especially I -- when we initially were submitting the application, the C-G zone, you know, and I think everything was -- I don't know why we chose that, but being as though that would be contiguous with the Hoyd property that's going into the south of me and I have got a cross-access agreement with him, then, I have no problem with that whatsoever. Rohm: Sounds good. Thank you. Any questions of the applicant? Moe: Just one. As far as your -- the stage you're looking to put in, what kind of time of the day would you be -- Hartz: It's all going to be before 10:00 o'clock and -- because that's the staff report also indicates the hours of business had to be in between 6:00 and 10:00 p.m. It's not going to be -- it's going to be for small shows. What -- initially, we were thinking a tent, but, then, as the project goes along and funds allow -- if we do the tent we have to go through a Conditional Use Permit application anyway. If the funds are there, we might go ahead and put a permanent structure there and we would join -- talk with staff about joining the two parcels and doing that deal that way. Moe: Thank you. Rohm: Emily, did you want to speak? From the audience she said no. Is there anyone else that would like to testify to this application? Okay. Thank you. Could I get a motion to close the Public Hearing? Borup: Mr. Chairman, I move that we close the Public Hearing AZ 07-002 and RZ 07- 003. Moe: Second Rohm: It's been moved and seconded to close the public hearings of AZ 07-002 and RZ 07-003. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: THREE AYES. TWO ABSENT. Borup: Mr. Chairman, after considering all staff and applicant testimony, I move to recommend approval to the City Council of file numbers AZ 07-002 and RZ 07-003, to zone the properties to C-C, as presented in the staff report, hearing date of March 15th, 2007. End of motion. Moe: Second. Meridian Planning & Zoning March 15, 2007 Page 42 of 49 Rohm: It's been moved and seconded to forward onto City Council recommending approval of AZ 07-002 and RZ 07-003. All those in favor say aye. Opposed same sign? Motion carried. And thank you, folks. I hope you enjoy participating in our process. MOTION CARRIED: THREE AYES. TWO ABSENT. Item 15: Public Hearing: RZ 07-004 Request for a Rezone of 7.23 acres from R-4 to L-O zone for the property located at 1615 W. 2nd Street for LOS Church by Bob Niblett, Niblett & Associates Architects -1615 W. 2nd Street: Rohm: All right. At this time I'd like to open the Public Hearing on RZ 07-004, the LDS Church, and begin with the staff report. Watters: Mr. Chairman, Members of the Commission, the application before you is a rezone of 7.23 acres from R-4 to L-O, for the LDS church located at 1615 West 2nd Street, on the south side of Cherry Lane, approximately a quarter mile west of North Meridian Road. Office is zoned L-O and abut the site to the west and north across Cherry Lane. To the east, west, and south are single family residences, zoned R-4. Here is an aerial of the property. And the applicant is proposing to rezone the church property from R-4, medium low density residential, to L-O, limited office, because churches are a prohibited use in the R-4 zone, making the current use a nonconforming use in the zone. Rezoning the property to the L-O zone in which churches are permitted uses, will allow for future expansion of the existing use and will allow the applicant to obtain a sign permit. No landscaping improvements are required at this time, but may be required upon future expansion of the existing use on the site. Access to the site is currently provided from West Cherry Lane and West 2nd Street. No new access points are proposed or approved with this application. West 4th Street, which abuts the site on the west, has not been fully constructed or improved. Currently West 4th Street is improved with a single traffic lane, 18 feet of pavement with no curb, gutter, or sidewalk abutting the site. Staff is requesting that the applicant dedicate right of way and construct West 4th Street with curb, gutter, and sidewalk along the entire west boundary of the site. Further, staff is requesting that a development agreement be entered into to insure that these improvement are complete prior occupancy of any future expansion or change in use on the site. Staff is recommending approval of the requested rezone to L-O, with a development agreement per the conditions of the staff report. And that is all staff has, unless the Commission has questions. Rohm: Thank you. I don't have any questions at this time. Would the applicant like to come forward, please? Niblett: Chairman Rohm, Members of the Commission, my name is Bob Niblett, I'm with Niblett & Associates Architects out of Boise, Idaho, 3629 North Cole. I, myself, have for