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HomeMy WebLinkAboutChristian Fam. Mtrs AZ 04-027 Meridian Planning & Zoning October 21, 2004 Page 20 of 46 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Public Hearing: AZ 04-027 Request for Annexation and Zoning of 4.5 acres from RUT to R-8 zone for Christian Family Matters, Inc. by Don Weber - east of South Linder Road and south of West Overland Road: Borup: All right. Thank you. Next item is Public Hearing AZ 04-027, a request for annexation and zoning of four and a half acres from RUT to R-8 zone for Christian Family Matters, Incorporated, by Don Weber. I'd like to open this hearing at this time and start with the staff report. Hawkins-Clark: Thank you, Chairman Borup, Members of the Commission. This application is for annexation and zoning, a parcel of land that's on the south side of Overland Road, just east of Stoddard Road. Meridian Road, State Highway 69, is further to the east. Western Electronics -- Bodily RV is immediately across the street. Western Electronics is about a quarter mile to the east. That property that you see in gray there on the north side of Overland is annexed, zoned light industrial. Bear Creek Subdivision is here on the east side of Stoddard. So, as you can see, this would be -- this is the first request for -- well, I'm sorry, actually, this property at the corner is the Idaho Power substation. The Hardin Lateral -- I believe the Hardin Drain does cut through here and that property on the north side was annexed and approved recently with future concept for commercial at the corner and, then, with the storage uses. So, that is the -- the nearest annexed piece on the south side of Overland Road to this. The property -- here is an aerial photo. It doesn't show it real well, but you can see there are a couple of structures on the property. There is a barn and a residence. The owner did go through Ada County and received approval for a Conditional Use Permit to operate a church in the current zone. That was approved. They converted the barn to a worship area and, then, they also have -- had approval to use an outdoor assembly area for -- as part of their Conditional Use Permit through Ada County. Here is a site plan that gives a little bit more detail. As you can see, they do have landscaping on the north along Overland Road, as well as along the driveway, which comes down their east boundary. The main thing that the staff report points out is that the internal landscaping does not comply with Meridian City Code. Don't know if it has rock mulch or not, but I guess we will find that out. But there is -- other than that, normally the City of Meridian, if they have gotten prior approvals through Ada County, upon annexation grandfathered in. Churches are allowed with a Conditional Use Permit in the R-8 zone. The R-8 is permitted or an allowable zone in the Comprehensive Plan designation of medium density residential, so that's -- that's why they are not requesting an L-O, which is what most of Meridian's churches are in, they requested a residential, because it is in a residential designation in the Comp Plan. The staff report does recommend that if the facility wants to expand or enlarge in the future, that they basically bring the site into compliance with Meridian city code. I'm filling in for Wendy who wrote this staff report and I didn't actually catch until tonight that it doesn't say that a development agreement is required and I guess I would be interested in the attorney's thoughts, if we need that or -- I mean normally a development agreement is just to add special circumstances or if you want to receive a commitment in writing for something that's fairly unique, there Meridian Planning & Zoning October 21. 2004 Page 21 of 46 are -- if you go with anything additional, including a change to the parking lot, I mean you can always put it as a comment, is my understanding, in the annexation, which is just informing the applicant, but if you want it to hold the weight of legal law, I guess just had that question as I was reading through this tonight, so should or should we not have a development agreement in order to enforce the Conditional Use Permit condition that Wendy recommended in her report. Borup: Mr. Nary? Nary: Mr. Chairman, Members of the Commission, I think Mr. Hawkins-Clark stated it correctly, is if you want to have some particular conditions, that is, your enforcement mechanism is to have a development agreement or to recommend to the City Council a development agreement, if you simply want it to be a comment, that's fine as well. But that's within your purview if you want to recommend that. Zaremba: Just for clarification if I may. I understand that a use that's okay in the county when it's annexed is grandfathered in that use. Would a change in use trigger public hearings and stuff anyhow? I mean do we need to be specific about what change or does that happen anyhow? Hawkins-Clark: Commissioner Zaremba, I think it would happen, you know, according to the ordinances that are in effect at the time that that change would happen. Whatever ordinances are in effect for the -- in this case R-8 zone. So, any use that has a Conditional Use Permit in the R-8 would require a conditional use or otherwise according to the code, so -- does that answer your question? Zaremba: Well, it makes me comfortable not to have to load a whole lot of stuff onto this, I think. Hawkins-Clark: I would point out -- I mean one of the reasons we are seeing this, if you read Wendy's staff report, is that they did request hook up to the City of Meridian water -- municipal water and there were some conditions placed on them getting that service and one of those was to annex, so-- Zaremba: If you've concluded, I do have a question, actually, for Mr. Freckleton. Would you go back to the very first slide that you showed? We've had some discussion in the past that I think over in this area, whereas it's in the future plan that the front properties might be sewer-able, there is a slope here that means that the back properties can't be gravity sewered. Is there any problem over here with them hooking up to gravity sewer that you're aware of? Freckleton: Commissioner Zaremba, Members of the Commission, the sewer line that will serve this parcel does not exist south of the interstate at this time. That's the trunk line, the Black Cat Trunk that's going to have to be built down-- which we have started that project. Our project will take it north of the interstate and it's going to -- we have not had a project to bring it under the interstate to service the other side of Overland Road. Meridian Planning & Zoning October 21, 2004 Page 22 of 46 Zaremba: I guess my question is even though access to sewer may be future, when it does arrive at the front of this property, will it still be usable at the south end of this property? Is there a slope that makes the same difference that it does about a mile west of there -- east of there? Freckleton: Commissioner, I believe that this -- the land -- you're correct, there is a fairly significant slope here, but I believe by the time it gets down into here it's flattened out quite a bit. Zaremba: Okay. Thank you. Freckleton: I don't anticipate any problems. This area -- when we had our facility plan prepared, it was done off of topography maps and the surface area boundaries for the particular trunk line are established based on topography and so this area is scheduled or programmed in to going into that trunk line that will serve out to the northwest. Zaremba: Thank you. Freckleton: Does that answer? Zaremba: Yes. Freckleton: Okay. Hawkins-Clark: Chairman Borup, if I could just add one more comment on staff report. Site specific condition number five -- or comment five states that the applicant shall obtain approval of the site plan from the police chief prior to City Council, but I don't believe that there is any changes or modification to the site plan, so I would recommend that you strike that condition before -- if you choose to make a motion of approval. Borup: Okay. Do you have questions? Is the applicant here? Would they like to add anything to the report? Weber: Good evening, Commissioners. My name is Don Weber and I live at 1525 South Callistoga Avenue in Meridian and I will be speaking on behalf of Christian Family Matters this evening. Approximately a year ago -- actually, early October I stood before the Mayor and the City Council requesting to hook up to the water line, which we needed for our fire protection for the building that we were right in the process of beginning. There was actually a steel barn there before and we erected a new steel barn -- steel building structure I should say in place of that, which we completed in July and got our certificate of occupancy from the building department in Ada County. So, going back to last October, the need was for us for our fire protection to have the water and we voiced our -- we expressed that we would certainly be willing to annex in the City of Meridian. At that time we really sort of had a gentlemen's agreement that once we got things completed that we'd pursue on the annexation. So, after July I went back Meridian Planning & Zoning October 21,2004 Page 23 of 46 to the Planning and Zoning staff and asked them if we could get things going. We, actually, put in the application, I should say, last winter, but I asked them to hold the application until we get all our building project done and our certificate of occupancy in hand. So, they were kind enough to hold off on that until we got it to this point. So, here we are this evening and intending to follow through on what we promised a year ago as far as annexation and rezoning the property. Borup: Okay. Questions for Mr. Weber? Zaremba: You have read through the staff comments and everything is fine with you? Weber: Yes, sir. Borup: Okay. Good. Yeah. I meant to ask that. Thank you. All right. Thank you, Mr. Weber. Weber: Thank you. Borup: Do we have anyone else that would like to testify on this application? We are running out of projects, people. Zaremba: Mr. Chairman, I move that the Public Hearing on AZ 04-027 be closed. Moe: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Mr. Chairman, I move we forward to the City Council recommending approval of AZ 04-027, to include all staff comments of their memo for the hearing date of October 21, 2004, with one change. On page six, this is under site-specific comments, on page six, paragraph five, can be deleted. Moe: Not going to do a development agreement? Zaremba: Well, I think if they come for any development it's going to trigger a hearing and stuff anyhow. Maybe I was wrong, but I felt from our previoUs discussion that the city is protected just under general principle. I'm looking at the city attorney. Borup: But if they just add onto the building or something like that, that's not going to be a Public Hearing, is it? Zaremba: Well -- and I don't have a problem with adding on. If they change the use, then, I think it would trigger -- Meridian Planning & Zoning October 21.2004 Page 24 of 46 Borup: Right. Nary: Mr. Chairman, Members of the Commission and Commissioner Zaremba, you are correct, if there is going to be a change in use or an expansion of the use of some significant amount of expansion, all that's going to require a Conditional Use Permit, which would require some parking changes or something else to meet that. So, if your concern is whether or not in the future some significant change to this property is going to get heard publicly by either this Commission or the Council, most likely. I mean never say never, but most changes are going to come back here, so -- Zaremba: And I'm comfortable with that without a development agreement if you are. Moe: That's not a problem. Freckleton: Mr. Chair, just one quick comment. The applicant pointed out that it was his understanding that Wendy's comment regarding police chief approving the plan was simply just that. He wanted to have a shot at it if there was changes in the future. So, I think what you're talking about covers that issue. Zaremba: Okay. Thank you. If he did a significant change, it would go out to all departments, including the police department for comment. In that case in some point in there I was previously finished with my motion. Moe: Then, I will second that. Borup: Okay. Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Public Hearing: PP 04-034 Request for Preliminary Plat approval for 83 single-family residential building lots and 5 common lots on 25.86 acres in an R-4 zone for Milliron Subdivision by Dyver Development, LLC - NEC of North Black Cat Road and West Cherry Lane: Borup: Thank you. Okay. It looks like we do have one hearing left. Gosh. Zaremba: I would move we adjourn. I withdraw that motion. Moe: You didn't get a second. Zaremba: There was not a second. Borup: Item No. 11, Public Hearing PP 04-034. This is a request for a preliminary plat approval for 83 single family residential building lots, five common lots, on 25 acres, R-4 zone in Milliron Subdivision. I'd like to, again, open this hearing and start with the staff report.