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HomeMy WebLinkAboutFebruary 7, 2008 P&Z MinutesMeridian Planning & zoning Commission February 7, 2008 Page 3 of 21 Moe: It's been moved and seconded to continue CUP 07-022 to the regularly scheduled meeting of the 21st of February. All those in favor say aye. Opposed same sign? That motion carries.. MOTION CARRIED: ALL AYES. Moe: Moving right along.. I don't know that there is too many people out here that haven't .been here before, but at this point I do need to just kind of give you a brief description of what we are going to do here this evening. Basically, I will open a hearing, at which time staff will, then, give a brief explanation of the project. After that point we will ask the applicant to come up and respond to those comments and give any other comments they would like to in regard to their project. They have a ten minute time frame to do such. After that there are sign-up sheets in the back. If you have signed up to speak, we will call you one at a time, whoever is signed up. After we have gone through that list I will ask if there is anyone else that would like to speak and you will be more than welcome to come up and do so. You guys will have three minutes to make your comments and at that point, after all that testimony has been given, then, the applicant will have a chance to come back up and rebut anything that was discussed before that. It's pretty simple and we will get going here. Item 5: Continued Public Hearing from December 20, 2007: RZ 07-020 Request for Rezone of 10.1 acres from R-4 to R-40 zoning district for Selway Apartments by Meridian Apartments, LLC -west of N. Goddard Creek Road and north of McMillan Road.: Moe: So, I now would like to reopen the continued Public Hearing for RZ 07-020 for the -- for a request to rezone of 10.1 acres from R-4 to R-40 zoned district for Selway Apartments and start with the staff report, please. Parsons: Thank you, Mr. Chairman, Members of the Commission. The application before you tonight is a request to rezone of ten acres from R-4, medium low density residential, to R-40 high density residential. The site is located on the west side of North Goddard Creek Way, approximately 500 feet north of West McMillan Road and a quarter mile east North Ten Mile Road. Directly north of the site are single family homes, zoned R-4. To the east are single family homes, zoned R-4. To the south is vacant land approved for future commercial development, zoned R-4. And to the west are single family homes, zoned R-8. As part of the Lochsa Falls planned development approval in 2002, this area was conceptually approved fora 171 multi-family unit development as a use exception. It is important to note the City Council approved the Selway Apartments CUP for the site on December 18th, 2007. The site is currently -- the site is currently designated high density residential on the city's Comprehensive Plan land use map and zoned R-4. The applicant's request would bring the site into conformance with the city's future land use map and conform more closely to the previously approved density for the site at 17 dwelling units to the acre. Staff is recommending approval of the requested rezone and with that I stand for any questions. Meridian Planning & Zoning Commission February 7, 2008 Page 4 of 21 Moe: Are there any questions of staff? Okay. None? Would the applicant like to come forward? Bachman: Good evening, Chairman and Commissioners. My name is Lisa Bachman, JUB Engineers, 250 -- Moe.: Would you push your microphone down a little bit, so -- Bachman: Yes. Can you hear me? Moe: Thank you. Bachman: 250 South Beachwood Ave., Suite 201, Boise, Idaho. 83709. Staff did a really good job at presenting the project. We are requesting to rezone the property to R-40, which was a condition of approval of the Conditional Use Permit that was approved a couple of months ago and I don't really have anything much else to add, other than for requesting to rezone the property to R-40. Rohm: What was the reason for the continuance on this? I -- Moe: As I understand it was posting. Rohm.: Oh, it was posting. Bachman: Right. We did not post the site by the time that it was due, so we did go ahead and take care of that. Rohm: Okay. So, basically, that was the only hitch in the process? Bachman: Correct. Rohm: Okay. I don't have any questions. Moe: As far as the staff report, any problems with anything in that? Bachman: No issues. Moe: Okay. Anyone else have any questions? Thank you very much, Bachman: All right. Thank you. Moe: Okay. We do have some folks signed up. Linda Ohlman. From the audience she's not coming forward.. Jim Ohiman. I'm sorry. Jim? Okay. Jim has nothing. I will note on the sign-up sheet both Linda and Jim are against the Selway Apartments. Sandy Freeman. Nothing to say. And she also is noted as against. Jim Freemen. Meridian Planning & Zoning Commission February 7, 2008 Page 5 of 21 From the audience he has nothing. And he is also noted as against. Is it Glen? Yeah. Gien, come forward. Tiderman: Good evening. My name is Glen Tiderman. I live at 2432 West Los Flores Drive in Meridian, Idaho. I do have some things. First of all, I would request that this be denied, simply for the purposes if the CUP approval is not -- or this change of -- change of zoning is not required for the CUP to continue on. There is a solid rationale for this, for the two maps matching, I understand., but that rationale is about six years too late. We feel that this should have been done in 2002. At this point all of the adjacent housing is in. There are no new developments that would be directly next to this apartment complex and I myself as one of the -- as one of the residents here have become somewhat of a -- kind of a spokesman. I am concerned that if this is changed to R-40, that although I understand Rudene and JUB will not be able to change the density beyond 171, that I'm concerned that in future years under different city governments a different owner may, in fact, try to push that R-40 or push higher than 17 that's -- that's approved. So -- so, for the fact that it's going to be real clear here very shortly what's going to be there and the city maps are not going to be something that will be referenced by future owners, I think that this is an unnecessary thing. And for the peace of mind of the people who live there., let's try to keep this 17.1 and -- or not the possibility of jumping up to a much larger -- a much larger density. Thank you. Moe: Any questions? Okay. One more sign up. Chris Fries. Okay. From the audience he has nothing more to say and he's noted as against as well. Again, that's all that's signed up. Is there anyone else in the audience that would like to speak on behalf? Okay. I see no one. Would the applicant like to come back up? Bachman: Lisa Bachman again. JUB Engineers. 250 South Beachwood, Suite 201. I have nothing, really, to say about the -- to rebut. This was a condition of approval for the rezone, so either way we were required to apply for the rezone and that's what we have done, so either way is fine with us. Moe: Thank you very much. Okay. Rohm: Mr. Chairman? Moe: Yes, sir. Rohm: I move that we close the Public Hearing on RZ 07-020. O'Brien: So moved. Newton-Huckabay: Second'. Moe: How about a second? O'B:rien: Oh. Second. Second. I'm sorry. Meridian Planning & Zoning Commission February 7, 2008 Page 6 of 21 Moe: It has been moved and seconded to close the Public Hearing on RZ 07-020, Selway Apartments. All those in favor say aye. Opposed same sign? That motion carries. MOTION CARRIED: ALL AYES. Moe: Any other discussion? Marshall: Well, is there another zoning density that would even fit that, to even allow those? I think it was required because that zoning density is absolutely required, isn't it? Is that -- Moe: We can ask staff that. Parsons: Mr. Chairman, Commissioner Marshall, you are correct, the two zoning designations that we have are R-15 and R-40 and since we are at 17 units -- you know, our density is 17 units to the acre, R-40 was the logical zoning district to go with. Marshall: Appreciate that. Thank you. Rohm.: I guess a follow-up question to that is if this application is for 17.1 units per acre, would the applicant, then, have to come back before the Commission and the city if, in fact, they wanted to change their application to a higher density at a later date? Parsons.: Chairman, Commissioner Rohm, that would be correct. Rohm: Okay. That's what I thought. Moe: Okay. O'Brien: Mr. Chairman, talking to the attorney, he said that if we put this say in the DA, development agreement, then, they would not be able to -- in the future would not be able to change that, so, basically, it's grandfathered in? No? Baird: Mr. Chair, sort of a backdoor way of asking the question of staff. I made a presumption that is in the development agreement. I think that's what -- what planning staff is saying and they'd have to go through a process to change that. Mr. Chair, do you mind if we get a confirmation from planning staff if that's a correct assumption? Moe: Go ahead. Parsons: Mr. Chairman, Members of the Commission, I believe as part of the CUP it was -- the PUD was allowed as a use exception, so I would -- would agree that it was in the development agreement to allow no more than 171 units. Meridian Planning & Zoning Commission February 7, 2008 Page 7 of 21 Moe: Okay. Newton-Huckabay: Mr. Chair? Moe: Yes. Newton-Huckabay: I have a question and a concern on this. If -- let's say given the times we are in that this project falls apart and never makes it to build out and so they decide to sell the property and we have zoned it R-40 and we don't really -- the property is zoned R-40, somebody comes in and wants R-40, because it's zoned R-40, what grounds are we going to have to deny an R-40 development based on, well, we zoned it that, because of the project before that fell apart. Because R-40 is not an appropriate -- I`m going to have to agree that that would be an inappropriate zoning -- Parsons: Commissioner Newton-Huckabay, the applicant -- or let's say that scenario did happen. Newton-Huckabay: Uh-huh. Parsons: First of all, they'd have to come into planning staff and they'd have to modify the current DA on the site and the CUP on the site allowing that to increase that amount of density. So, with planning staff and them having to go through that, I don't think staff would be in favor of that in recommending that sort of project. You guys acted on the CUP back in September. The site's pretty constrained with what they are proposing with 171 units, so it would be pretty difficult to increase that density. Newton-Huckabay: But the CUP doesn't belong -- belongs to the applicant, it doesn't go with the property. Parsons: Commissioner Newton-Huckabay, if they don't establish that use, the CUP wouldn't -- the one that you approved -- or the City Council approval wouldn't go forward.. But they are still approved for 171 units regardless of the -- Newton-Huckabay: Regardless. Parsons: Regardless. Newton-Huckabay: Okay. So, if it's -- let's say that Selway Apartments goes away, the property is zoned R-40, are we handing the property owner legal grounds to enforce through an R-40? Parsons: Technically, yes, they could come through the city and modify -- like I said., modify those -- the Conditional Use Permit for the site and modify the DA. But, again, wouldn't -- it would be hard for staff to really support that. Rohm: Well, it still has to go through the approval process. Meridian Planning & Zoning Commission February 7, 2008 Page 8 of 21 Hood: Yeah. Mr. Chair, Members of the Commission that could potentially happen on any site in the city. I mean anyone with a rezone could rezone to an up -- or up zone their property and potentially get some other project that isn't yet in the works approved anywhere. What staff asked is -- and Mr. Tiderman eluded to it earlier, when -- and., in fact, this is a good example. We have 17 dwelling units per acre approved on a site that's zoned R-4. If you look at our map today you see R-4 and., in fact, a lot of the people that live in that neighborhood did and felt misled, because they saw R-4 on a map, when, in fact, there are 171 units approved for this site. So, staff felt it was -- although it may be a little bit late and we should have done this later, that was -- or earlier in the game, this was a way to kind of clean it up at this point and make sure that there isn't any confusion as we go forward that says, hey, this is a higher density than pretty much everything else that's around it. So, that's why staff required it. Whether this gets approved or denied., again, what's really the overarching approval for this site is that development agreement and the Conditional Use Permit that allows a maximum a 171 units on this site today. Moe.: Does that answer your question? Newton-Huckabay: Yes. Marshall: It answers mine. It answers my questions Moe: Any other questions? Any other comments? I need a motion from someone Rohm: Yes, sir. Mr. Chairman? Moe: Yes, sir. Rohm: I'd like to move to forward onto City Council recommending approval of RZ 07- 020, after considering all staff, applicant, and public testimony for the hearing date of February 7, 2008, to include the staff report as written. Marshall: I second that. Moe.: Okay. It has been moved and seconded to approve RZ 07-020 for Selway Apartments to move onto City Council. All those in favor signify by saying aye. Opposed same sign? Newton-Huckabay: Aye. Moe: That motion carried. MOTION CARRIED: FOUR AYES. ONE NAY.