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HomeMy WebLinkAboutFebruary 7, 2008 P&Z MinutesMeridian Planning & Zoning Commission February 7, 2008 Page 9 of 21 Item 6: Public Hearing: RZ 07-023 Request for Rezone of 0.62 acres from R-4 to an R-8 zone for Blackstone No. 2 ~ by Landmark Engineering and Planning, Inc. - 4700 W. Aspen Creek Street: Item 7: Continued Public Hearing from December 20, 2007: PFP 07-004 Request for Combined Preliminary /Final Plat approval of 3 residential lots on 0.59 of an acre located in the R-4 zoning district for Blackstone No. 2 by Landmark Engineering and Planning, Inc. - 4700 W. Aspen Creek Street: Moe: At this time I'd like to open the Public Hearing for RZ 07-023, the rezone of .62 acres from R-4 to R-8 for Blackstone No. 2 and also open the continued Public Hearing of PFP 07-004 for Blackstone No. 2 and start with the staff report. Parsons: Thank you, Mr. Chairman, Members of the Commission. This is the Blackstone No. 2 project, located at 4700 West Aspen Creek Street on the southeast corner of Black Cat Road and Cherry Lane. The applicant has applied for a rezone of .62 acres from R-4, medium low density residential, to R-8, medium density residential, and a combined preliminary/final plat approval of three single family residential building lots with a shared common driveway. The majority of the development surrounding the site is zoned R-4, if you look up here at the zoning map. An aerial of the site. The applicant is requesting the rezone approval to an R-8 zone to comply with the density requirements of the UDC and allow the three lot project to go forward' as proposed.. At the December 20th, 2007, hearing, the Planning and Zoning Commission continued the project to allow the applicant time to submit a rezone application to the planning department, because the site did not conform to the density requirements of the R-4 zoning district. The Commission felt this was a unique situation where you have a project that complies with all of the dimensional standards, however, could not meet the density requirements. The Commission determined rezoning the property to an R-8 zone was to allow the project to conform to the UDC. It was also discussed by the Commission to stub the common driveway to the county parcel south of the proposed development. Several of the Commissioners were concerned where future access to the county parcel and the possibility of ACHD restricting access to Ten Mile in the future if and when said parcel were to develop. Staff is requesting the Commission to decide if stubbing the common driveway and providing cross-access to the parcel to the south is required. At the previous hearing staff had recommended approval of the preliminary plat for two buildable lots and denial of the final plat, so the project would conform to the density requirements of the R-4 zone. Staff is now recommending that the RZ and preliminary and final plat application be approved with conditions listed in Exhibit B of the staff report. And I stand for questions. Moe: Are there any questions of staff? Okay. Would the applicant like to come forward., please. Riccio: Good evening. My name is Lenny Riccio. I'm with Landmark Engineering and Planning, 332 North Broadmore Way, Nampa, Idaho. Previously -- last time we were Meridian Planning & zoning Commission February 7, 2008 Page 10 of 21 here is about in December and we had a unique situation with the property that we were developing. The Commission found it as a unique station as well. It was based upon the hardships of the property: The property met all the -- the plan met all the dimensional requirements, met everything regarding the zoning, except the density requirement. As a result, the Commission recommended continuing of the hearing in order for us to catch up with an R-8 zoning designation. We agree with the staff report for approval of three residential lots and., as previously indicated, though, that this site with approval tonight will be -- may be zoned R-8, nonetheless, that these homes and lots will comply with the R-4 zoning district. In addition to that it will be in conformance with the original Blackstone plat. And with that I ask for your approval tonight. Thank you. Rohm: Thank you. Moe: Any questions? Okay. Thank you very much. We have three people signed up. Lenny? Pardon me? Newton-Huckabay: That was him. Moe: Oh. Chris Todd.. Okay. From the audience he said he's done. Paul? There is no reason for you to come back up either. Actually, is there anyone else in the audience that would like to speak to this hearing? Okay. We have no one. Rohm: Mr. Chairman? Moe: Yes. Rohm; I move that we close the Public Hearing on RZ 07-023 and PFP 07-004. O'Brien: Second. Moe: It has been moved and seconded to close the Public Hearing on RZ 07-023 and PFP 07-004. All those in favor say aye. Opposed same sign? That motion carries. MOTION CARR1'ED: ALL AYES. Newton-Huckabay: Mr. Chair? I was -- would like to see -- not necessarily an official stub, but some way to potentially provide access to the south property. Moe: Okay. Well, I know that was one of the main issues that we discussed the last time and at the time I probably was in agreement, but I'm not sure because of the fact that they got access off Black Cat for that property there, I'm not sure why any of the three there would need to go anywhere south, as opposed to just going out on Aspen Creek. So, I'm not -- I'm not really sold that we need that south access. That's my opinion. Would other members of the Commission like to -- Meridian Planning & Zoning Commission February 7, 2008 Page 11 of 21 Rohm: Mr. Chairman? Moe: Yes. Rohm: I like this design very well. Moe: Okay. Marshall: I'm sorry, maybe Icould -- being new here, maybe somebody could catch me up as to why the access to the south is so vitally important. Newton-Huckabay: Well, don't go using such big adjectives, because I -- Marshall: I'm sorry. Newton-Huckabay: -- vitally important it was not. Marshall: I apologize. Okay. Newton-Huckabay: But nice to have it is. Marshall: Access for the homeowners there or -- Newton-Huckabay: The property to the south is an Ada County -- Ada County parcel or sewer district parcel or something like that. Marshall: Okay. Newton-Huckabay: That isn't a part of either one of the -- of the development around it and the only access is onto Black Cat and I felt like given how close the Thorn Creek street access to Black Cat is, plus the Sun Fish access to Black Cat and, then., add another driveway -- Marshall: Understand.. Newton-Huckabay: -- a lot of the access is on to an intersection and if there would be any way that we could potentially provide a catalyst to remove an access to Black Cat in the future that would be my preference. But also not -- I don't believe the driveway is wide enough to be anything other than a private drive. Moe: That's my other concern is now you're bringing more traffic into where you have three homes right there driving into it, just to get down into the south portion. I think you're causing more of a problem than anything. Newton-Huckabay: So -- well, I won't create a barrier. I just -- I think it would be a good idea to have some -- some access to that property. Meridian Planning 8 Zoning Commission February 7, 2008 Page 12 of 21 Marshall: I have to agree that I like the thought of trying to limit the accesses to Black Cat. I think that's a very good thing to pursue. But I do also think that creates quite a problem for the homeowners there on that one lot. Newton-Huckabay: It is a touchy piece of property. Marshall: Yeah. It is. Moe: I guess I have one question of the Commission that I have been thinking about, for the simple fact the -- I mean this -- this project does bode well to go the R-8, so they could get this other lot -- this other home in there and whatnot. But my concern is we are now making that an R-8 and just like you made comment earlier, if for some reason this was not to develop and we now have an R-8 designation in the R-4, the rest of the neighborhood, would we not. be concerned that maybe we should put a restriction that it's this development is the R-8? Newton-Huckabay: I don't think we can do that, Mr. Chair. Rohm: I think that the -- Newton-Huckabay: In a DA? Rohm: I think that the preliminary/final plat in itself lays it out that it's -- they are being approved for three lots, they are not being approved for anything beyond that. Moe: Good enough. Rohm:, So, that's my -- Moe: Mr. O'Brien, any thoughts? O'Brien: Well, only regarding the drive there. I believe that I recall Commissioner Siddoway mentioning that the burden on access from that particular lot that is in question below those -- that plat is on the burden of that -- the people who own that and it's up to them to put any kind of access they feel necessary to provide whatever they put in there and that would have to be further -- far enough away from the intersections not to create a problem either. So, of course, if I remember correctly, he said it's really not an issue or a need to put a drive there to connect that lot. Moe: Okay. O'Brien: That's all I have. Moe: V1/ell, if there is no more comment, could I get a motion? Meridian Planning & Zoning Commission February 7, 2008 Page 13 of 21 Rohm.: Mr. Chairman? Moe: Mr. Rohm. Rohm: I'd like to -- .after considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of a preliminary plat associated with file number PFP 07-004 and RZ 07-023, as presented in the staff report for the hearing date of February 7th, 2008, with no modifications. End of motion. O'Brien: Second.. Moe: It's been moved and seconded to approve we move onto City Council RZ 07-023 and PFP 07-004 for Blackstone No. 2. All those in favor say aye. Opposed same sign? That motion carries. MOTION CARRfED: ALL AYES. Item 8: Continued Public Hearing from January 17, 2008: AZ 07-020 Request for Annexation and Zoning of 21.81 acres from RUT to R-15 zone for Chalet Marseilles by RC Meridian Partners, LLC -NWC of E. Ustick Road and N. Locust Grove Road: Item 9: Continued Public Hearing from January 17, 2008: PP 07-027 Request fora Preliminary Plat approval with 3 residential building lots and 1 common lot in a proposed R-15 zone for Chalet Marseilles by RC Meridian Partners, LLC -NWC of E. Ustick Road and N. Locust Grove Road: Item 10: Continued Public Hearing from January 17, 2008: CUP 07-023 Request for Conditional Use Permit for 122 multi-family dwelling units in a proposed R-15 zone on approximately 21.8 acres for Chalet Marseilles by RC Meridian Partners, LLC -NWC of E. Ustick Road and N. Locust Grove Road: Moe: At this time I'd like to open the continued public hearings on AZ 07-020, PP 07- 027, and CUP 07-023 for Chalet Marseilles and start with the staff report. Newton-Huckabay: Marseilles. Parsons: Thank you., Mr. Chairman and Members of the Commission. Before you tonight is the Chalet Marseilles project continued from January 17th. The site is located on the northwest corner of Ustick Road and Locust Grove Road. During the last hearing the Commission had concerns with the 50 foot distance between the garages of the perimeter units. Commission voted to continue the project to allow the applicant time to revise the site plan and show a minimum of 60 feet between garage spaces. So, again, the site is vacant here. Locust Grove. Ustick Road. Access will be along