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HomeMy WebLinkAboutJanuary 20, 2005 P&Z Minutes Meridian Planning & Zoning January 20. 2005 Page 56 of 72 Hood: You need to open the Public Hearing first. Zaremba: I did. Rohm: He already did. Canning: You need to ask them if anybody wants to testify. Borup: That's true. Zaremba: I'm sorry. Yes, I will. Would anybody like to add anything? All of the testimony from the previous issue was recorded and is public record. It appears that people are in agreement with what they already said, so we will -- we will go with that. Rohm: Okay. All right. Good. With that, Mr. Chairman, I move that we close the Public Hearing on AZ 04-032. Moe: Second. Zaremba: There is a motion and a second. All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Rohm: All right. Mr. Chairman, I move that we forward on to the City Council recommending denial of AZ 04-032, based upon previous concluded CPA 04-004. Borup: Second. Zaremba: There is a motion and a second. All in favor say aye. Anyopposed? Thank you very much. That motion carries. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: PP 04-044 Request for Preliminary Plat approval of 6 office lots on 4.65 acres in an R-8 zone for Verona Subdivision No.3 by Primeland Development, LLP - NEC of North Ten Mile Road and West Milano Drive: Zaremba: All right. We will open the Public Hearing for PP 04-044, request for preliminary plat approval for six office lots on 4.65 acres in an R-8 zone for Verona Subdivision No.3 by Primeland Development, LLP, on the east corner of North Ten Mile Road and West Milano Drive. Guenther: Thank you, Mr. Chairman. This is the second time you will actually have seen this one. The site is in the existing Verona Subdivision. The applicant came in -- let's see, when was the original date of this? It was an '02 application for three -- they Meridian Planning & Zoning January 20. 2005 Page 57 of 72 are called office lots under the R-8 planned development. They were given an exemption for an office lot in an R-8 district. They were -- originally in their configuration of one, two, three with the same access points as what are explained here with the existing roads. This is Milano Drive here accessing Ten Mile Road. The applicant has requested that six lots be created out of the original three. Staff's recommendation is for approval with the condition specifically to request that the applicant bring us an L-O designation for a rezone for this property. The R-8 is -- with the exemption, would require that all of the properties receive conditional use approval for any operation and staff feels that with an L-O designation, with the understanding that the condition that only office uses be allowed on these sites is appropriate for this site and as well as with limiting it to just office uses, we would not need to see six separate conditional use applications. And I have discussed this with the applicant and they are in agreement as well. If you have any questions, I'll try and be quick here. Zaremba: Any questions from the Commissioners? I would only comment that in the past we have struggled with the 20 percent use exception and the decision has gone back and forth and if I remember at the time that this project came through, the current thinking was that the whole project should be zoned the same and, then, with development agreements and other conditionals, we defined that use area. The new thinking is that it's much easier to administratively actually. -- we say, yes, this is available under the 20 percent use exception, but let's really zone it the way it's going to be used. And I think this is just a move to do that and it doesn't -- it seems to me it's an administrative correction. Is that what we are doing? Canning: Yes, Chairman Zaremba. And it's not necessarily administratively, it's a little easier for us, but it actually facilitates their lending also, because the lenders get a little confused when they see a residential designation on an office lot or a commercial lot or sometimes we get residential lenders asking us why this property has an office zoning on it and can they still build a house if the house burns down. So, it's of benefit to the property owners as well just to have that consistency. Zaremba: So, the point is we are not really changing anything in the original concept, we are just -- Canning: Only the fact that they previously had three lots and now want six lots. Zaremba: All right. Any other questions? Would the applicant care to comment? McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. Just want .to state for the record that I have reviewed the staff report and we are in full agreement. I think that's the least I have ever said here. Rohm: I'm pretty sure it is. Borup: You waited all night for that. Meridian Planning & Zoning January 20. 2005 Page 58 of 72 Zaremba: Let's see. Once, again, Judith Bellcastor signed up for this one, but since she has left the audience, I believe we will go with the fact that she. spoke in the issue she intended to speak on. Commissioners? Well,let me ask. Does anybody else care to speak on this issue? Borup: I have none. I think -- we have already looked at the project in the past. Gone to smaller lots is all. Zaremba: I believe a motion to close the Public Hearing would be in order. Borup: I move we close Public Hearing PP 04-044. Moe: Second. Rohm: Second. Zaremba: We have a motion and two seconds. All in favor say aye. Any opposed? That motion carries. Thank you very much. MOTION CARRIED: ALL AYES. Zaremba: We moved several items to the end of the agenda. Let's-- Borup: Do you want a motion on that? Moe: We just closed the hearing is all we did. Zaremba: I'm sorry, we have another motion to go. Borup: I would move that we recommend approval of PP 04-004 with all staff comments for the hearing date January 20th. Rohm: Second. Zaremba: We have a motion and a second. All in favor? Any opposed? Thank you very much. That motion carries as well. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Findings of Fact and Conclusions of Law: AUP 04-016 Request for an Accessory Use Permit for a home occupation for a family day care for five or fewer children in an R-8 zone for Marina Galushkin by Marina Galushkin - 2843 North Wolverine Avenue: