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HomeMy WebLinkAboutSeptember 4, 2003 P&Z CommMeridian Planning and Zoning Commission Meeting September 4, 2003 Page 65 of 96 Powell: Yes, sir. Centers: That's for Mr. Palmer's information. Borup: Okay. Centers: Mr. Chairman, I'll make a stab at it. I would like to make a motion that we approved CUP 03-038, request for a Conditional Use Permit for a tri-plex in an R-15 zone for Troy Palmer Tri-plex by Troy Palmer. 1236 East 2 '/z Street, including all staff comments and adding site-specific Comment Number 4 that applicant to submit his alternative compliance proposal prior to the City Council Meeting to the staff for their review, which would include the fence. End of motion. Rohm: Second. Borup: Motion and second. All in favor? Any opposed. Thank you. MOTION CARRIED: ALL AYES Borup: Any questions on -- this recommendation will go forward to City Council and there will be another Public Hearing at City Council. Mr. Stephens, right now our motion was to -- that there would be a fence in. Item 13. Public Hearing AZ 03-020 Request for annexation and zoning of 1.13 acres from R-6 to L-O zones for proposed Office Jet Subdivision by Wardle and Associates - 1975 North Locust Grove Road: Item 14. Public Hearing PFP 03-003 Request for Preliminary /Final Plat approval of 4 building lots on 1.13 acres in a proposed L-O zone for proposed Office Jet Subdivision by Wardle and Associates - 1975 North Locust Grove Road: Borup: Our last project is Item Numbers 13 and 14, Public Hearing AZ 03-020, request for annexation and zoning of 1.13 acres from R-6 to L-O zones for the proposed Office Jet Subdivision by Wardle and Associates. It's at 1975 North Locust Grove. Accompanying that is Public Hearing PFP, which is Preliminary/Final Plat, 03-003, for the same project. I'd like to open both these hearings at this time and start with the staff report. Kirkpatrick: Chairman, Members of the Commission, this application is a request for zoning for 1.13 acres from what's currently zoned R-6 within the City of Meridian to L-O. There is also an application for -- oh, I'm sorry, I want to make a correction. I had the dash here, but there was a city zoning. It's R-6 county zoning. Excuse me to L-O zoning. The applicant also has a preliminary and a Final Plat for four commercial building lots. The subject property is located on the west side of Locust Grove Road about a quarter mile north of Fairview. You can see an aerial. This is, actually, an older Meridian Planning and Zoning Commission Meeting September 4, 2003 Page 86 of 96 aerial. I'm going to go through some of the significant points this evening. The designation for the subject property is light residential on the Comprehensive Plan, but staff feels -- and we highlighted this in the staff report -- the policies of the plan and existing conditions surrounding the subject property warrant the applicant's approval -- or recommendation for approval for the Rezone to L-O. I'm going to go through some of the surrounding uses of properties. To the north of the subject property we have an office building, which is zoned L-O, to the south of the subject property, we have a single family residential subdivision, which is, zoned R-6. This is the Doris Subdivision. To the east of the subject property, we have Locust Grove Road. On the east side of Locust Grove we have Avis Plaza Subdivision, which is a commercial subdivision, and there is a mini storage there immediately to the east of Locust Grove Road and subject property. To the west of the subject property, we have -- again, Doris Subdivision. The applicant has worked with staff throughout this application process and they have also had a neighborhood meeting and submitted a petition from all adjoining neighbors and residents of Doris Subdivision in favor of the proposed zone change and Preliminary Plat. I'm going to point to you -- I'm going to, actually, read to you some language from the Comprehensive Plan which we feel is supportive of this zone change and this is, actually, on Page 2 of your staff report and I'll go ahead and close this. The Comprehensive Land use map depicts desired feature land use categories and their location within the impact area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of the zoning map. This outlines the Comprehensive Plan land use as being more of a guide for decision making and I do also want to point out that while we are recommending approval of this zone change. I want to caution you all that this is a new interpretation of Comprehensive Plan policies and that while we are supportive of the interpretation in this instance, we -- if this is approved we want it to be noted that we see this as only being appropriate in very limited cases. In this case they have cooperation from the neighbors. The surrounding land uses are conducive to this proposed zone change and it is immediately adjacent to Comprehensive Plan zoning -- to the north we have an industrial zoning immediately adjacent to the subject property. Excuse me. Office. We have a n office designation i mmediately a djacent to the n orth o f the s ubject p roperty. What we are, essentially, doing is sort of bumping -- bumping that zoning designation down to wrap in another piece of property. We just wanted to caution you that we were taking this seriously and it's not something we would recommend for every application that would come through and are there any questions of staff? Borup: Just a clarification. Did you say that all property owners signed a petition supporting this? Kirkpatrick: And I'll have the applicant speak to that. It's -- I believe they have signatures from all residents of Doris Subdivision and also adjacent property owners. We will let the applicant -- Borup: Okay because that was not in our packet. I -- Meridian Planning and Zoning Commission Meeting September 4, 2003 Page 87 of 96 Kirkpatrick: The applicant submitted a copy of that -- of that petition with their application. Borup: Well, that -- I mean if that's -- yes, we didn't have it in our packet, but that probably explains why there is no neighbors here tonight. Kirkpatrick: Right. That was actually a critical part of kind of winning over staff on this application was that they had -- they had that support of the neighbors. Borup: Okay. Mr. Wardle. Centers: And what you said, in a nutshell, was the deviation to the Comp Plan is a case-by-case basis. Kirkpatrick: Right. Centers: Of course, 1.13 acres, your -- your memo should say request for annexation and zoning or did you cover that because it just states request for zoning. Kirkpatrick: Right. We want to go ahead and, actually, officially make that correction to the record. Centers: Right. That's all. I thought we agreed not to start any more Public Hearings after 11:00. Borup: I thought it was 12:00. Wardle: I think that clock is fast. Powell: Chairman Borup, Members of the Commission, I think we just change Jonathan's or Jake's name, I'm not sure, to just last applicant and that will satisfy that. Borup: Every meeting. Zaremba: I was going to ask him if he had done something to be last on the agenda every time. Wardle: I hope not. I may have to rectify that in the future. For the record, my name is Jon Wardle. My address is 4940 East Mill Station Drive, Boise. 83716. I appreciate the work that staff has put into this. Just to give you a little bit of background, we knew that this was a deviation, at least from the Camp Plan land use map, and so we spent our time meeting with staff to discuss the issues. We took it one step further. We held a neighbor meeting with the owners of Walnut Grove, which is the townhouse project which is on Willow Brook, so the road that just comes right in the north and in there to the townhouses. We are going to take access from this project onto Willow Brook and so we won't be accessing directly to Locust Grove and that addresses some issues in Meridian Planning and Zoning Commission Meeting September 4, 2003 Page 88 of 96 terms of complex. There is an existing road there. We worked with them to get across- access, because they had a landscape strip that comes there and so we will be accessing across that and they have granted that access to us. We also, because we are part of the Doris Subdivision, which is a county plat, zoned R-6, we were part of their CC&R's as well, so we went and met -- actually went door to door talking with the neighbors and got a majority of them to sign allowing us to, in essence, opt out of the CC&R's and agreeing, in concept, with what we are trying to do here, which is do a small office development. The neighbor just to the due west of us -- we are working with him on fencing issues, as well as on -- let's see if this works. Borup: There is a house on this -- I don't see a house on that lot, but I assume there must be one here. Wardle: There is. I think this is the roofline right there. It's kind of hard to see. They have a pasture back behind. We have a number of trees right here and we are working with them to relocate those trees onto their property, instead of just cutting them down, and I -- I'll look for a nod here, but I think we have worked with a forester on compliance in making that work. We worked directly with this neighbor as well. We also sent out notifications to everyone on that mailing letting them know what we were doing. We just felt it was important to inform those that were directly related and do our homework up front on this project. The type of development that we are doing, just to be very clear, is an office development. The owner of this office, which is right here, which is zone L-O, is going to be building his own building here as well and relocating here and the quality of the project will be similar to, if not exceeding, the existing office building. I'm not -- don't know if staff has a picture of that currently, but it's a very nice office building and he will retain ownership of the existing one, as well as control the development here. We have reviewed the staff report. We are supportive of the comments and recommendations there. We feel that this will be a nice addition to this neighborhood and the fact that we can take access to an existing project, which has an office right there as well. We feel, actually, great that that is to Locust Grove and not put anymore more direct trips right to it, but at a controlled access point as well. I would be willing to stand for any questions you might have or discussions regarding any issue of the application or things that staff or ourselves have brought up this evening. Borup: Questions from the Commission? You said you got the majority of the homeowner's approval. Did all the adjoining homeowners sign? Wardle: Yes, they did. Borup: Okay. Zaremba: You're going to preserve the existing sidewalk on Locust Grove? Wardle: Mr. Chairman, Commissioner Zaremba, yes, we are. ACHD has recently done that improvement on Locust Grove. It's athree-lane road with sidewalks on both sides. One of the requirements that they had was we have three existing curb cuts and we will Meridian Planning and Zoning Commission Meeting September 4, 2003 Page 89 of 86 be replacing those, we will be ripping them out, and vertical curb, so it's -- there won't be any access to Locust Grove, so, yes, the sidewalk will be, actually, upgraded at those locations and maintained. Then, there will be similar landscape buffer as what we have done to the north will be across the front here with more plantings and that type of thing. Zaremba: Okay. Borup: Any other questions from any Commissioners? It makes it easy when you -- when you have everything taken care of like that. I can't tell you how -- I'm pleasantly surprised that there are no neighbors here. You need to be commended for that. Wardle: Thank you. Centers: I move we close the Public Hearing. Zaremba: Second. Borup: Motion and second to close the Public Hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES Centers: Mr. Chairman, I move we approve Item 13 on our agenda -- or recommend approval, AZ 03-020, request for annexation and zoning of 1.13 acres from R-6 to L-O zones for proposed Office Jet Subdivision by Wardle and Associates at 1975 North Locust Grove Road. Including all staff comments from their memo showing a date of September 4tb and received by the City Clerk on September 2nd Zaremba: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Centers: Additional, I would like to -- Borup: Now, did we clarify -- I mean -- that's just for annexation. You said in that your motion. Center: Yes. Right. Borup: So I guess that takes care of it right there. Okay. Centers: Item 14. I would like to recommend approval, which is PFP, preliminary and Final Plat, 03-003, request for a preliminary and Final Plat approval of four building lots on 1.13 acres in a proposed L-O zone for proposed Office Jet Subdivision by Wardle and Associates at 1975 North Locust Grove Road. Including all staff comments from Meridian Planning and Zoning Commission Meeting September 4, 2003 Page 90 of 96 the memo showing hearing date September 4`h and received by the City Clerk on September 2nd Zaremba: I'll second that. Borup: Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES Borup: Thank you. One final thing before we dismiss, Commissioners, and that's just maybe some informational and, Mrs. Powell, did you want to cover that? Powell: Sure. Borup: We are talking about trying to spread the load a little bit more on our hearings. Powell: Chairman Borup, Commissioners, we did speak at the end of the last hearing about agendas in general and the desire expressed by some of the Commission members to kind of spread the load more equally between the first hearing of the month and the third hearing of the month. As I traveled home that night at, what, 1:00 in the morning, it occurred to me that it wasn't -- the only equitable and fair way that I could think of to do that, to decide who went on the first and who went on the third, was to really just to have a separate cutoff. That you would have a cutoff on the 15th of the month and we would also -- for those of you who don't know, currently we have a cutoff on the 15th of the month, we take the first six projects or seven projects, depending on Keith's mood for the day -- or the chairman's mood for the day. We put them on the first agenda and, then, any application received after that would go on the second agenda. What I would propose, instead, is that we have a cutoff on the 15`h that would go to the first agenda, the cutoff on like the first of the month would go to the second agenda. There is going to be a difficult transition time there as people get used -- probably just that first month. The outstanding question is how many I -- how many projects do we put on those agendas. If we -- if we say, okay, we are going to take the first seven that we received on the 15`h and put them on the first agenda and these other three that we received on the 15d' go on the second agenda. Then, the cutoff on the first comes and we have got seven more projects, then, there are three projects that are going out to the next month. Then, we have problems with getting them to you in a timely fashion as mandated by state code. Some jurisdictions choose to ignore that. I have never quite figured out how they do that, but there are time limits that we are kind of close to already. So -- but there is concern that if we add a second cutoff date it could potentially increase the number of applications. It's not likely to decrease them anyway, so we are not -- one would think we would have the same number of applications, but I suppose there is a potential that we could get in more. Rohm: So, it can't be just purely arbitrary?