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HomeMy WebLinkAboutNovember 18, 2004 P&Z Minutes Meridian Pianning & Zoning November 18, 2004 Page 29 of 64 Zaremba: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Rohm: Okay. Mr. Chairman, I'd like to make a motion that we forward to City Council recommending approval of CUP 04-040, request for a Conditional Use Permit for Sommersby Subdivision and including all staff comments and applicant's response as well, as stated in the previous motion, with the following changes: On staff report page 12, item two, sub item three, minimum front setback will be five feet for those two story units. Item five, the applicant will provide a solution to City Council prior to -- or a solution to the patio deck size prior to City Council hearing this -- when is that, in a couple weeks? Before City Council hears it. Item six. I have to find the applicant's response. It says the applicant's response is acceptable, so that's -- Newton-Huckabay: Page five, 6-A. Rohm: There we go. Okay. On page five of the applicant's response, number 6-A is acceptable in replacement of staff comments. And I believe that's the end of those adjustments as well. End of motion. Zaremba: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES, Item 8: Public Hearing: RZ 04-012 Request for a Rezone of 3.74 acres from I-L & C-G zones to all C-G zone for Raymond Estates by Ronald Van Auker - NEC of East Franklin Road and North Gaudians Avenue: Borup: Okay. Thank you. I was wondering if we couldn't maybe try to do these next two short ones before we take a break. Okay. Our next item is Public Hearing RZ 04- 012, request for a rezone of 3.74 acres in I-L and C-G zones for Raymond Estates by Ron Van Auker. Like to open this hearing and start with the staff report. Canning: Chairman Borup, Members of the Commission, this application that -- the zoning map as shown before you is inaccurate, actually, and this -- thank you. The property is located at the intersection of Eagle Road and Franklin and as you're well aware, RC. Willey is in this area and then Gaudains Street -- this is Gaudains Street. The applicant has requested a zoning change to modify the existing zoning, which isn't shown on here. There is a strip of C-G that cuts cross the front portion of this property, so this property has both a split zoning and a split Comprehensive Plan designation of commercial on the front and, then, industrial in the rear. About -- let's see. At about September we started re-Iooking at a portion of the code that allows for a reduction in Meridian Planning & Zoning November 18, 2004 Page 30 of 64 platting requirements if approved by the planning director and the city engineer and the City Council decided it was appropriate in some instances to allow that reduction in platting requirements. What the city engineer and I have basically decided upon is that we would only consider those reduction in platting requirements if -- if they were just looking to create one additional lot -- so this means that they are not going through the subdivision process. If it was commercial or industrial property, if they were not asking for more than one lot split and if there were -- all the necessary services were already there. So, this was the first one they approved was for a lot split on this property and it took off a corner in this area here. This was the first one and one of the conditions of approval is that the applicant also submit both properties, the full property. A subdivision plat needs to be submitted and accepted by staff before we will release the certificate of occupancy on the building they wanted to start construction. So, it was a means to facilitate early construction of it. They will be coming through with a final plat on this. Another condition of approval, though, was that they get one zoning on the property, because it will be a retail store, it's a carpet warehouse, so it is retail. It sits at the back portion of the property, which has the I-L zoning currently. So, we did tell them they needed to do a rezone through the normal procedures to put just one zoning on that property. So, they are requesting that the C-G zone be expanded to fit the entire property. So, that is the issue that's before you tonight. Because it's a -- because it's a rezone, there are no conditions of approval. We did have a number of site-specific comments, but most of them just reinforce some of the construction aspects of the building, but there is not a lot of planning issues associated with them. Does that answer -- to give one other -- most of the ones that are on prominent properties or complicated properties such as this, we are asking that those lot splits, essentially, also come through with a full subdivision. On some of them where they are not on prominent roads or don't seem to be a critical issue, we are not requiring that. So, some of those lot splits you will see again, some of them you will not. Borup: Okay. Additional questions, Commission? Anything the applicant would like to add? Okay. Is there anyone else to testify on this application? Okay. Moe: Mr. Chairman, I move we close the Public Hearing. Zaremba: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Moe: Mr. Chairman, I move we forward to City Council recommending approval of RZ 04-012, to include all staff comments of the hearing date November 18th, 2004. Zaremba: Second. Borup: Motion and second. All in favor? Any opposed?