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HomeMy WebLinkAboutMarch 9, 2004 Regular C/C MinsMeridian City Council Maroh 9, 2004 Pa®e 8 of 78 Bird: In other words, they are going to -this draw is used - is ran through as a payable, not as a wage? It's ran through the books as a payable, the draw is? De Weerd: I don't know how they are doing it on the books, Mr. Bird, but I will certainly ask the finance director to let you know. Bird: Okay. Thank you. C: CUP! Day Care Issue with Tara Gorton: De Weerd: Okay. Okay. Item C is from the Planning and Zoning Department that's kind of a carry-over from our pre-Council. In regards to Ms. Gorton's application and considering a miscellaneous application; is that correct? Powell: Yes, ma'am, that's correct. Madam Mayor, Members of the Council, there may be a way to do it 'rf you follow this logic. I will try and lay it out. In the past we have for temporary uses required a conditional use approval and that was based on 11-6-4 of the code, which says uses that are not specifically listed in the table require Conditional Use Permit approval. Well, temporary uses aren't listed, but certainly day care uses are or any other of the many temporary uses that people ask for. So, it's not really the use that's not listed, it's the nature or the duration of that use that's not listed. So, if we say that that past interpretation has been in error, that, indeed, the uses are listed, that just because it's the nature of those that they don't need to go through the Conditional Use Permit process. So, that's the first step in the logic that you need to make. The second step would be that we do have these things called miscellaneous apps that just kind of show up, for lack of a better way to say it, and I did brainstorm, thank you, Mr. McKinnon, who is in the audience. He helped me brainstorm on the things that miscellaneous apps have been used for and they do include things like model homes, private roads, time extensions beyond the one-time-only time extensions, revisions to final plats and discussions of area of city impact boundaries and annexations. Now, sometimes those have gone to the Commission, sometimes to the Commission and Council, I mean, and sometimes just directly to Council. So, I guess on this one we would propose that if you wanted to do a temporary miscellaneous application that it could just go to Council. Some of them have. The other thing, just to remind you, the types of things that go just to Council, really, are just variances, final plats, and, then, these -some of these miscellaneous apps in the past. So, there is just kind of two leaps of logic that you need to make there and 1 think we could -- it definitely is a d~culty, it's something that the duration of uses is not listed at all, so I think we are fairly safe doing that. I think it would make a lot of people happy, other than Ms. Gorton. It just is - a lot of people that want to do three day activities on a site that's currently vacant, so we can't really call it an accessory use, we can't really call it anything, except a temporary use, they are not willing to go through a four month process for it. They may be willing to ga a through a six month process for it. Nary: Six week. Meridian City CounWl March 9, 2004 Page 9 of 78 Powell: Or six week. I'm sorry. De Weerd: Council, any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: That's excellent, Anna. I mean I don't think those are real leaps. I think those -- I mean I think they are reasonable interpretations of the code. I think that's -- I think, eventually, when you're not busy, we need to probably have, you know, better language in the code to support temporary uses in allowing certain types of things, but - or at least having a process for them, but I think in the interim I think that's a great avenue to do that and, again, I don't think it flies in the face of the cede, but I think it's consistent. So, I'm all in favor of going forward with that if everyone else is, Bird: I agree. Powell: Since you're all thinking about it, in the revised code do you want it to be kind of a Council decision or do you want it to be an administrator decision for the temporary uses? Rountree: I could go with the administrator. Bird: I was just going to say, administrator is great with me Powell: Okay. Because that's where 1 was going and so I just wanted to double check. Okay. De Weerd: Now, Tara, do you understand, then, what the next steps would be? Powell: Oh. And 'rf you would want to say, Ms. Gorton has brought in a site plan, we have been reviewing it prior to her application to make sure that she's got a complete application. Once she has the materials ready for her conditional use, I think we can use that material. We will have to double fee her, you will have to get a miscellaneous application fee, in addition to the conditional use application fee, but I think we do have enough - we will just use that material she's gathering for her conditional use for the miscellaneous app. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. And I don't think this applies necessarily to this application, but I think as we look forward to code support in the future, I mean I think the only thing to really avoid on these temporary uses is them becoming perpetual temporary uses. I mean that -- Meridian City Council March 9, 2004 Page 10 of 7B that's, I think, the risk that other places have seen is all of a sudden the temporary use is never ending and, obviously, there has to be some finite point they are trying to get to for a temporary use to really be valid and in this particular circumstance it's the CU application. ff the CU gets denied, the temporary isn't going to exist anymore. Powell: I think we have got it with the way we have got it written right now, it's already - we have already put it in there, but it's, I think, no more than four months in any 12 month period, something tike that, so - De Weerd: Okay. Any further discussion? Okay. Thank you very much, Anna. Thank you. Item 7: (Items Moved from Consent Agenda) Item 8: Tabled from March 2, 2004: FP 04-008 Request for Final Plat approval of 56 single-family residential building lots and 2 common lots on 17.8 acres in an R-4 PD zone for Lochsa Falls Subdivision No. 9 by Lochsa Falls, LLC -west of North Linder Road and south of West Chinden Road: De Weerd: Okay. Item No. 8 was tabled from March 2nd. It's FP 04-008 on Lochsa Falls Subdivision No. 9. Staff. Powell: That's right, I have these things to do, too, don't I. Madam Mayor, Members of the Council, these have been delayed in getting to you a few times to resolve some issues regarding gravity irrigation and the associated easements and -but as you see them today, this is the preliminary plat, the area in red is circled -there is the final plat. It is in substantial compliance. Consists of 56 single family residential lots and two common lots. The gross density is about three units to the acre. This is one of those -- just to remind you, Lochsa Falls is one that went through the PD process to ask for, in particular, reduced side yard setbacks that are now allowed and so, actually, their reduced setbacks are more than what's required by the code right now. And other than that, staff is recommending approval of this final plat. De Weerd: Anna, have you heard from the applicant? Do they agree with all your comments? Powell: We have not - actually, I don't have a letter on file, so I think we do need to hear from them. De Weerd: Okay. Is the applicant here? Powell: Oh, I take that back. De Weerd: Okay. We do. So, do you have any comment you would like to add? Do you agree with all comments? Okay. Thank you. Okay. Council?