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2014 02-20Meridian Planning and Zoning Commission February 20, 2014 Meeting of the Meridian Planning and Zoning Commission of February 20, 2014, was called to order at 6:03 p.m. by Chairman Joe Marshall. Present: Commissioner Steven Yearsley, Commissioner Joe Marshall, Commissioner Patrick Oliver, Commissioner Macy Miller and Commissioner Scott Freeman. Others Present: Machelle Hill, Ted Baird, Justin Lucas, Bill Parsons, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Scott Freeman X Macy Miller X Patrick Oliver X Steven Yearsley X Joe Marshall -Chairman Marshall: Well, good evening, ladies and gentlemen. Am I on? Good evening, ladies and gentlemen. I'd like to welcome you to the regularly scheduled Planning and Zoning meeting for Thursday, February 20th, 2014, and I'd like to call -- ask for the roll. Item 2: Adoption of the Agenda Marshall: All right. First thing on the agenda is the adoption of the agenda and I do have a change for the agenda tonight. Public hearing AZ 14-001, the Ten Mile Center by Treasure Valley Investments, has requested a continuance and we will be listening to their application for a continuance tonight. That being said, I have no other changes to the agenda. Could I get a motion? Freeman: I move we adopt the agenda as amended. Macy: Second. Marshall: Thank you. All right. I have a motion and a second to adopt the agenda as modified. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda A. Approve Minutes of February 6, 2014 Planning and Zoning Commission Marshall: All right. So, the Consent Agenda. One item on the Consent Agenda is the minutes of February 6th, 2014, Planning and Zoning Commission meeting. Any Meridian City Council February 20, 2014 Page 2 of 7 comments, corrections? Seeing none, could I get a motion to approve the Consent Agenda? Oliver: Mr. Chair, I move that we accept the minutes as read -- as reported. Marshall: I have a motion -- Freeman: Second. Marshall: I have a motion and a second to accept the agenda as written. All those in favor say aye. The minutes as written. Excuse me. Thank you. That motion carries. MOTION CARRIED: ALL AYES. Item 4: Action Items A. Public Hearing: AZ 14-001 Ten Mile Center by Treasure Valley Investments, LLC Located South of W. Franklin Road on the East Side of S. Ten Mile Road Request: Annexation and Zoning of 120.69 Acres of Land with the R-8 (13.23 Acres), TN-C (26.11 Acres) and C-G (81.35 Acres) Zoning Districts Marshall: All right. Action Item. Now, we are going to have a little bit of a change. We are adopting policy that City Council has now adopted. When a project requests continuance we are going to ask the applicant to come up and justify why they would like the continuance and give us some kind of idea on what they think an appropriate timeline is. So, that being said, I would like to ask the applicant to come forward for AZ 14-001. Do I have to open the public hearing for that? Baird: Mr. Chair, yes. Marshall: Okay. I'd like to open the public hearing for AZ 14-001 and for the purpose of continuing -- Baird: For the purpose of hearing the request to continue. Marshall: To continue. All right. To hear the request to continue. If I could have the applicant come forward. And I'm going to ask for your name and address for the record, please. McKay: Thank you, Mr. Chairman. Becky McKay, Engineering Solutions. Business address 1029 North Rosario, Meridian. I'm here representing Treasure Valley Investments. We are asking for a deferral to the second meeting in March. The reason that we ask for this deferral is to provide us an opportunity to meet with staff on a few of the issues that came up in the staff report that we received this week and we would like to provide them with some additional information and go over some of these issues that we Meridian City Council February 20, 2014 Page 3 of 7 have. We also have not received our Ada County Highway District staff report. They are currently working on it at this time and so we'd like to have that when we come before you all also. Do you have any questions? Marshall: I do, Becky. It appears to me, having read the application and having read the staff report, that there is a large divide -- considerable distance between there. You think you can come to a meeting of the minds within four weeks? McKay: Mr. Chairman, Ithink -- I don't think the divide is that large. I mean I think we have the same goals, it's an issue of -- as far as the zoning -- that R-40 zoning. I think we need to sit town with Justin and talk about the feedback that we received from the neighborhood meeting from the adjoining single family development that's around us, the estate development, especially that indicated an objection to multi-family zoning, like an R-15 or an R-40 and we also have some site plans that -- that we have prepared to kind of show the staff what our vision is. So, I think we need to kind get these groups to kind of come together and get more on the same page. Ithink there is a little bit of disconnect as far as what we want to accomplish. Marshall: Commissioners, any questions of the applicant? Freeman: Mr. Chair, Ithink -- Marshall: Commissioner Freeman. Freeman: -- a month sounds reasonable. That would give us March 20th; correct? So, I'm in favor of giving them that much time to -- to straighten out the application. Marshall: Becky, I don't know if you have read the minutes from our last meeting. We did go through the -- an application for the Ten Mile Specific Area Plan and I think you will find that this Commission generally -- this is just my opinion here and I'm speaking for myself -- but generally I thought most people were trying to follow that Ten Mile Specific Plan fairly closely in looking for some unique and really creative ideas. So, I don't know how you're going to be able to do that. I mean I look forward to seeing your project. All right. McKay: Ithink we are on the same page. Yeah. We understand the vision and we just want to, obviously, demonstrate what -- what we think is the best way to develop the property and still fit within the vision of the Ten Mile Plan. But, yeah, I am aware of the TM Creek -- because it does -- the transportation system impacts this property also. They share the rotaries. So, we have been following that, yes, sir. Marshall: All right. Thank you. So, I'm going to ask Ted here -- legal advice. At this point do we actually -- we don't actually close the public hearing, but we continue the public hearing. Baird: Mr. Chair, the appropriate action at this time would be to entertain a motion to continue to a date specific and while I have the floor, if there is anyone here in the public Meridian City Council February 20, 2014 Page 4 of 7 tonight who is unable to be here at the continued hearing, we want to remind you that you can submit written testimony that would be received ahead of time, it would be in the record, so we don't want you to be further inconvenienced or don't have a chance to get your say because of the continuance. So, I'm putting -- putting words in the chair's mouth, but I'm sure we wanted to convey information. Marshall: Yes. I absolutely did. Thank you, Ted. Appreciate that. Yes, I will personally say that written testimony is actually pretty nice to have ahead of time, because you can sit and think about it before the -- the testimony and whatnot. So, again, anybody here to testify on that, I would highly encourage you to return and if you're unable -- or in addition to that, please, do submit some written testimony. Thank you. All right. So, any discussion on continuing? I appreciate Commissioner Freeman's advice and recommendation that March 20th would be appropriate. Any other thoughts? All right. Thank you. Could I get a motion? Yearsley: Mr. Chairman? Marshall: Commissioner Yearsley. Yearsley: I move to continue file number AZ 14-001 to March 20th, 2014. Miller: I second that. Marshall: I have a motion and a second to continue AZ 14-001 to March 20th. All those in favor say aye. Opposed same sign? That motion carries. MOTION CARRIED: ALL AYES. B. Public Hearing: ZOA 14-001 Medium High-Density Residential District (R-15) Unified Development Code (UDC) Text Amendment by Tahoe Homes Request: UDC Text Amendment to Modify the Dimensional Standards of the R-15 Zoning District Marshall: All right. Thank you. Next on the agenda is ZOA 14-001, Medium High Density Residential District, R-15, Unified Development Code text amendment by Tahoe Homes and I'd like to start with the staff report, please. Parsons: Thank you, Mr. Chairman, Members of the Commission. The next item on the agenda this evening is the R-15 UDC text amendment before you. This application is, again, brought to you from an applicant. It's not city initiated. Typically when you see these come forward they are from -- from the city's action, but the developer has taken it upon himself to come forward and has worked with staff over the last several months in bringing forward something that we think works. We think staff has also talked with our building official and the fire department. The slide that I have before you this evening depicts the proposed changes to the UDC that came forth not only from the applicant, but also from staff and the first one that I'd like to bring your attention to is highlighted in red Meridian City Council February 20, 2014 Page 5 of 7 here. Originally our recommendation in the staff report had recommended that we did not allow any projections within the setback if it was under the five foot requirement. In working with our building official, fire department, and, of course, the applicant, we have come to terms on what an appropriate encroachment should be in that setback, if it is under five feet and we believe that one -- the one foot encroachment would be acceptable by all parties and so that is one recommendation that we are presenting to you this evening as far as a modification to what I have written in the staff report. The primary change that the applicant is proposing is to change the interior side yard setback from five feet to three feet and currently the way our ordinance is written we allow you two options. You either get a zero setback or a five foot setback. There is no in between. So, that allows you to either do detached product or detached -- detached homes or single family attached homes. Or this allowing the applicant to -- by allowing that reduction you actually get a more compact development out there similar to what you guys saw in Solterra and by way of that, they have actually provided a street scene on how the relationship would work between reduction in the setback. On the top hand you can see the proposed structures are separated by the three foot setback as proposed by the applicant and on the bottom rendering that is what currently is the UDC and how it -- how it would allow for the five foot -- separation of five foot interior side yard setback. Again, we have received public testimony from the BCA and they have -- the applicant has taken it upon themselves to get written testimony from them in support of this reduction as well. Applicant again did submit written testimony. They weren't necessarily in agreement with staff's recommendation for the zero encroachment, but, like I mentioned to you earlier in the presentation, we have worked it out, we believe we have language in place that would allow the one foot projection and that's what I have described to you earlier. So, basically, we have not received any other written testimony or a-mails to that effect. The building official did submit written testimony as well stating that the reduced setback is allowed under the International Residential Code and also fire department was in support of that as well. So, other than that, other than the modification that I presented to you staff is recommending approval and I will stand for any questions you have. Marshall: Commissioners, any questions of staff? Would the applicant like to come forward -- have something to add to that. I'm going to ask for your name and address for the record. Conger: Yes. Mr. Chairman, Members of the Commission, Jim Conger, 1627 South Orchard Street in Boise. Really won't take much time, just wanted to thank your P&Z staff. We took a lot of their work and guidance to help us put together this text amendment over -- like Bill said, several months, if not a little bit longer, and, then, another thanks to your building department and your fire department, because we -- we actually took several meetings and quite a bit of their time to work through and make sure this was appropriate, So, yeah, I will stand with any questions and we definitely are in agreement with the conditions as Bill notes. Marshall: Commissioners, any questions? No. Thank you, sir. Conger: Thank you. Meridian City Council February 20, 2014 Page 6 of 7 Marshall: Is there anyone in the audience tonight that would like to testify to this? My one extra person is saying no. He stands with the applicant. Okay. So, Commissioners, seeing no one that's willing to testify, I guess we don't have to ask the applicant back up to readdress anything. Maybe I could get a motion to close the public hearing. Miller: Mr. Chair, I move we close the public hearing. Yearsley: Second. Marshall: I have a motion and a second to close the public hearing on ZOA 14-001. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Marshall: All right. Any comments? Thoughts? Freeman: I -- to me it's a no brainer. It makes sense. Normally developers -- maybe shouldn't say normally, but in a lot of cases I know as designers we try to avoid bringing buildings so close together that we have to suffer the expense of building one hour walls, but at times when we want to make more dense, more compact, that's what rules and we are willing to spend the extra money to -- to achieve those fire ratings. I think this gives us more flexibility in the -- in achieving the desired outcome of some of our residential developments, so I'm in favor. Marshall: Thank you, Commissioner Freeman. Anyone else? Miller: Mr. Chair? Marshall: Commissioner Miller. Miller: I second a lot of that stuff. It seems to just make sense. So long as there is no life safety issues I think it's always good to get higher density areas. I think it's a solid move. Marshall: Well, my quick comment would be simply I -- I appreciate the applicant bringing this forward. I appreciate everybody's work on this. I think it's favorable to everybody and I think it's a good thing. That's my thoughts. So, no other comments, could I get a motion? Freeman: No other comment, Mr. Chair? After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number ZOA 14-001, as presented in the staff report for the hearing date of February 20th, 2014, with no modifications. Miller: I second that. Meridian City Council February 20, 2014 Page 7 of 7 Marshall: Actually -- oh. Okay. Freeman: Was there a modification that I missed, Mr. Chair? Marshall: I was going to recommend the modification recommended by the -- Mr. Conger in his letter about the one foot encroachment up to three foot. Freeman: I'm sorry, I thought that that had been included, but I see that's the case. So, would like to amend my motion to include that additional comment by Mr. Conger. Miller: And I will second that. Marshall: Okay. I have a motion and a second to approve ZOA 14-001 as amended. All those in favor say aye. Opposed same sign? That motion carries unanimously. Thank you. MOTION CARRIED: ALL AYES. Marshall: Commissioners, I believe we have one more motion. Yearsley: Mr. Chairman, I move that we adjourn. Miller: I second that. Marshall: I have a motion and a second to adjourn. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:18 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED - CHAIR AN ~ DATE APPROVED ATTEST: YCEE HOLMAN, CITY CLER 40~~~ T,,9o~ ~ry of ~~.- .~'' "E IDI~"~ w A _.7 v S ~ 9dCFN~6R o! t h c t AE PS~e~