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HomeMy WebLinkAboutOctober 4, 2007 P&Z MinutesMeridian Planning & Zoning Commission October 4, 2007 Page 17 of 43 Rohm: There are people leaving, but I did have one final comment that I wanted to make that any of the decisions that are made by this body can be appealed by the -- either the public or the applicant, so if the applicant didn't like the fact that we excluded their request for revision, they can appeal. If the public didn't like our conclusions, they can appeal as well. So, with that being said we are done with that project. Thanks for coming in. Item 7: Continued Public Hearing from August 2, 2007: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: Rohm: All right. Okay. At this time I'd like to open Public Hearing -- continued Public Hearing from August 2nd, 2007, of AZ 06-063 for the sole purpose of continuing to the regularly scheduled meeting of December 20th, 2007. Newton-Huckabay: So moved. O'Brien: Second. Rohm: It's been moved and seconded to continue the Public Hearing of AZ 06- 063 to the regularly scheduled meeting of December 20th, 2007. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 8: Public Hearing: RZ 07-015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6th and Broadway Property by Linda Loehr - 532 E. Broadway Avenue: Rohm: At this time I'd like to open the Public Hearing on RZ 06-015 related to 6th and Broadway property and begin with the staff report. Parsons: Thank you, Mr. Chair, Members of the Commission. The application before you is a request to rezone .28 acres from R-8 medium density residential to OT, Old Town, for the existing residence at 532 East Broadway Avenue. The subject site is located in the northwest corner of East Broadway Avenue and 6th Street. Indicated on the map here. There is Broadway and 6th Street. To the north and east of the property are single family homes zoned R-8 and RUT Ada County. To the west are existing four-plexes zoned R-8 in Old Town. The parcel to the south is vacant and zoned I-L. So, these are existing single family residences, Ada County. Some duplexes here. And, then, that's vacant industrial -- zoned industrial. The applicant is requesting the subject property Meridian Planning & Zoning Commission October 4, 2007 Page 18 of 43 be rezoned so a new two story four-plex can be constructed on the site. If the subject rezone is approved, the existing single family residence on this site will be demolished to make way for the new proposed development. Under current code multi-family developments are not permitted within the R-8 zoning district. The OT zoning district allows multi-family development as a principally permitted use. A certificate of zoning compliance will be required prior to the construction of the multi-family development. If the proposed development does not meet the design guidelines, it will be subject to a Conditional Use Permit. The applicant has provided staff with elevations for the proposed four-flex. Here is kind of a site plan here. I'm going to skip ahead to the elevations and, then, go back to the site plan, because we have some -- although this is a rezone and we are not really looking at the elevations in this -- we still want to make it where we can kind of show you what's going to be proposed in the future on this site. Staff is recommending some changes to the elevations in the site plan to insure compliance with the downtown design guidelines. If the following changes are made -- are not made, the applicant may need a Conditional Use Permit to construct afour-plex on this site. Staff believes that the building should shift five feet -- now I will go back up here. Staff believes that the building should shift five feet to the south to allow more turning radius into the rear of the -- into the rear parking off the alley. So, right now it's kind of hard to see on this map, but as a requirement for developing this site the applicant will have to add curbing and sidewalk and so that's what you're seeing here in the light blue. Staff is asking the applicant -- or recommending the applicant shift the building five feet all the way to the property line and staff feels that what that would allow them to do is -- since this is only 16 feet and standard parking stalls are nine by 19, that would give the residents that -- the future residents living here the opportunity to get in and out of the alley, a little easier access there. So, that's one of the changes we are proposing. Parking stalls three and four should be relocated towards the alley to provide future tenants more common area, align these parking stalls with other parking stalls. So, basically, we are asking that if this building here shifts to the south, shift these two end units which are labeled unit one and unit four to that property line along the sidewalk as well. Give you some variation in the building, give you some articulation, but what that would also allow you to do is shift an additional parking stall here, shift these two parking stalls back here, and this would open it up for more common open space for the residents living in the development. Staff is recommending approval of this rezone from R-8 to OT, as stated in the staff report. This concludes my presentation. I'd be happy to answer any questions the Commission may have. Rohm: Okay. Thank you very much. Appreciate the presentation. Any questions of staff? Moe: I have none. Meridian Planning & Zoning Commission October 4, 2007 Page 19 of 43 Newton-Huckabay: Mr. Chair? Rohm: Commissioner Newton-Huckabay. Newton-Huckabay: Bill, which were the two units you were suggesting move forward? You were just looking for building modulation; right? Parsons: There is two things why we think this works better. This is unit one and this is labeled unit four. Newton-Huckabay: Okay. Parsons: If we -- if they shift these units down here, leave these two the same, shift these here, right to the sidewalk to property line, so to speak, that would allow one of these parking stalls that come over here and, then, you wouldn't have this parking right along the sidewalk. It would actually be safer and this building could also provide some screening to the rear parking of the facility. I'd like to mention, too, that all these parking spots are going to be covered, too. Covered carport parking. So, that's -- these are the two units that we are recommending shift forward. Rohm: I guess I'm interested what the applicant has to say, so -- Commissioner O'Brien, do you have -- O'Brien: Yeah. I have one question. As has happened in so many other residences in the Old Town area, could this in a future time, with the discretion of the owner, change over to a different zoning, like light office or something like that, without having to go through a rezone or a -- another -- I guess being able to change it without going through any hearings or anything? Parsons: Mr. Chairman, Commissioner O'Brien, certainly Old Town has a lot of standards that are principally permitted in there and I believe office use is -- it would have to come in for a CZC -- O'Brien: Okay. Parsons: -- to establish that use on the site if it was exchanged to go back from residential. O'Brien: Okay. Thank you. Parsons: You're welcome. Meridian Planning & Zoning Commission October 4, 2007 Page 20 of 43 Rohm: Would the applicant like to come forward, please. And, please, state your name and address for the record. Loehr: My name is Linda Loehr and my home address -- you want my home address or the -- Rohm: Yes. That would be fine. Home address. Loehr: 843 West Creekberry, Meridian, Idaho. Rohm: Thank you. Loehr: And I have my representative here to talk for me. Rohm: Oh, well, then -- Loosli: Dennis Loosli with Moose Creek Builders. Address is 1220 North Meridian Road, Suite B, Meridian, Idaho. I guess one of the questions (have -- the carports you were talking to the west -- northwest, you wanted them to be moved where? To there -- Parsons: Yeah. Shifted back towards the alley, yes. If you shift unit one here and move the parking back a little bit, that will allow you to get one of the parking stalls there, so you wouldn't have it right along the property line and, then, you could shift these down here and, then, that would open that up for more open space for the residents. Loosli: I'm thinking. That would be fine. I don't see a problem with that. Making the alterations from moving the two end buildings farther to the street I think is also a good idea. That will give it some more character. So, I don't see a problem with that. Was there any questions? Rohm: I guess if you're in agreement with the staff -- basically, then, you're in agreement with the staff report? Loosli: Yeah. That would be fine. Rohm: Okay. Moe: Mr. Chairman, just one other thing. Have you reviewed the ACHD report that came out on the 1st of October, as far as just more or less their guidelines and whatnot that you're going to need to -- Meridian Planning & Zoning Commission October 4, 2007 Page 21 of 43 Loosli: Yes. Moe: -- standards and whatnot? Okay. Loosli: Yes, I have. Moe: I won't ask your opinion of that. I pretty much got that. Rohm: Okay. Is there anything -- okay. Moe: Okay. Let's see. Where am I? Rohm: At this time would John Cole like to come forward. Cole: Commissioner, staff, I am a -- Rohm: Please state your name and address for the record. Coles: Oh. John Cole. 614 East Idaho. I am one block away from the proposed rezoning. I feel -- and I have two letters to submit to the Commission also. Rezoning to OT would allow the multi-use -- multi-family building. I feel that it should be denied, because we don`t -- that -- that small patch of ground is a one family chunk of ground when it was originally plotted out years and years ago. We don't need more multi-family dwellings in that area. The two four-plexes that are to the west of that, that is more than ample. I question why they were put there anyway. But that was way before I came to Meridian. Minimum a duplex in that spot on the corner of 6th and Broadway. The owner has already stated that this is a money making obligation and he plans to sell it within eve years. That's not good -- you know, to me that doesn't look -- bode well to a -- to a resident that has built and purchased a home a block away, great, we get another rundown, dilapidated place to look at. 6th Street also -- 6th Street is a half street. Adding the additional traffic of four units, potentially eight cars, would put stress on 6th Street and on Idaho Street. Newton-Huckabay: Mr. Cole? Cole: Yes. Newton-Huckabay: Could you point out your property on the map for me? Rohm: There is a -- Meridian Planning & Zoning Commission October 4, 2007 Page 22 of 43 Newton-Huckabay: There should be a pointer. Rohm: -- infrared pointer right -- Cole: Okay. That will work. Rohm: There is a infrared pointer on the -- and you just push the button. Cole: I'm going to be right there. Exactly. Right there. Newton-Huckabay: Okay. Cole: I'm -- I'm the first lot east of 6th Street. Newton-Huckabay: And you're on the end of Idaho? Cole: Yes. Newton-Huckabay: Okay. Cole: 6th Street alongside the project, that's -- that's a narrow street. That's a half street. If the plan allows for curb and gutter -- or curb and sidewalk, excuse me. Curb and sidewalk, are they going to -- that's going to take up even additional property in the lot that they are going to stuff afour-plex in. And I'm sorry for the use of that word, but it's going to take a shoehorn to get it in there. A duplex -- cut it in half. This is -- this is the reason that I wish to go to the negative to this -- may I -- Rohm: Absolutely. Cole: The one letter is from my wife and I. The other letter is from the folks that are just immediately to the west of me. Rohm: I can tell you that it's -- your testimony is very much appreciated and letters will be entered into the record. But we'd have to take a recess so that each one of us could read the letters to -- my assessment is the letters, in essence, say -- Cole: Exactly that. Rohm: -- exactly what your testimony is. Cole: That's too much building for that little space. Meridian Planning & Zoning Commission October 4, 2007 Page 23 of 43 Rohm: Okay. May I ask you -- are you aware or were you aware of the Old Town designation within the City of Meridian? Cole: Yes, sir. Rohm: Okay. One of the -- one of the overall goals within the city is to allow for concentration of development within that -- what is it, four blocks either side of Main Street -- approximately four blocks either side and -- as opposed to having an urban sprawl, if you will. The intent of having the Old Town is to get additional concentration of the developments, so from a global perspective, not specific to this project, but globally the City of Meridian supports bringing things into this area and expanded use within the area of Old Town. But that's -- maybe that's -- maybe that's just for your own edification. Cole: Right. Moe: Mr. Cole, in your letter there is a point here I want to just -- your last paragraph here you speak to the -- without notice or hearings with the surrounding neighbors it will not benefit the City of Meridian. Was there no notice on the property out there? Cole: There was -- we were notified of the -- of the meeting tonight, yes. Moe: Okay. Okay. So, I'm not sure what you meant by without notice. Cole: Well, I didn't type the letter, my wife did when I was at work. So, I'm not sure on that. So, anyway -- Moe: Thank you. Cole: -- I appreciate your -- Rohm: Okay. Well, thanks for your testimony. Cole: Thanks. Rohm: There is nobody else that has signed up to testify to this application, but if there is anyone else that would like to come forward, now is that time. Baird: Mr. Chair, I don't want to delay things any further, but I think we need to offer the applicant an opportunity to review the letters before they give their rebuttal. Meridian Planning 8 Zoning Commission October 4, 2007 Page 24 of 43 Rohm: Absolutely. Let's just do that. We are going to take a ten minute break and give the applicant an opportunity to read the letters as submitted by the gentleman that just testified. We will reconvene at 8:15. (Recess.) Rohm: All right. At this time we'd like to continue the regularly scheduled meeting of the Planning and Zoning Commission and would the applicant like to come forward, please? Loosli: I'd like to comment on a couple things the letters talk about. One was the value. The building we are building (believe -- the appraisal that I had on it was over 500,000 dollars. So, in comparing to values, I don't think we are going to be degrading the value of the neighbofiood. As far as the appeal of the home -- or the four-plex, I believe the structure and the looks of it would be as nice or nicer than a majority of the homes in the area. As far as -- another thing he commented about was the parking or the street access. We are actually widening the street wider than it is now. In addition to that we are adding curb and gutter, so the appeal there and we are also asphalting the alley as far as our building goes. So, the concerns he had I don't believe have much merit. Rohm: They have been addressed. Loosli: Yeah. Rohm: Okay. Thank you. Okay. Any additional discussion before we close the public Hearing? Okay. Could I get a motion to close the Public Hearing? Moe: So moved. O'Brien: Second. Rohm: It's been moved and seconded to close the Public Hearing on RZ 07-015. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: Discussion? Commissioner Moe? Moe: I have no opposition to the project. Basically, it's a principally permitted use for Old Town and we have seen a few of these in the past and I think that as long as the applicant's taking care of the items that staff wants to see changed, Meridian Planning & Zoning Commission October 4, 2007 Page 25 of 43 think things will be fine. They have made every point that they agree with the staff report, so I would be in favor. End of my comments. Rohm: Okay. Commissioner Newton-Huckabay. Newton-Huckabay: I have no comment at this time. Rohm: Okay. Commissioner O'Brien. O'Brien: I think it's -- I think it's appropriate at this juncture. As far as -- I think it's making an assumption and hopefully it's a wrong assumption, that because it's a rental property that it's going to deteriorate and be lost to neglect, if you will. don't know if there is anything -- I don't think this body can guarantee that or the City of Meridian can guarantee that, but maybe the homeowners in the area can address it if it comes up at the area it's going to degrade their property values and I think that's something that's -- they can take care of themselves. So, as far as I'm concerned I think it's -- it's a good project. I think they are going to do a good job. I think they are going to have some amenities to the area, like the street widening, that's going help it. So, those are my comments. Rohm: Okay. Thank you much. Basically I'm in concurrence with the balance of the Commission and certainly appreciate the testimony from -- Moe: Mr. Cole. Rohm: -- Mr. Cole. I certainly do appreciate your testimony, but I believe that this is going to be a good project for the city. So, with that being said, could we get a motion to move forward? Moe: Mr. Chairman, I move to recommend approval to the City Council of file number RZ 07-015 as presented in the staff report for the hearing date of October 4th, 2007. End of motion. O'Brien: Second. Rohm: It's been moved and seconded to forward onto City Council recommending approval of RZ 07-015. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 9: Public Hearing: AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low-Density Residential