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HomeMy WebLinkAboutMemo from PlanningRECEIVED APR 10 2007 Project: LDS Church at Cherry and 2nd Location: 1615 W. 2nd Street (S. side of W. Cherry Ln., 1/4 mile W. of Meridian Rd.) Applications: Rezone City of Meridian City Clerk Office Highlights of Proposed Development: Rezone of church property from R-4 to L-O for future expansion of the church (churches are prohibited in the R-4 zone; use is currently non- conforming). Proposed Commercial Square Footage: No increase proposed Number of Proposed Buildings: None Elevations: None Commission Recommendation: approval at their March 15"' hearing: • In favor: Bob Niblett (Applicant's Representative) • In opposition: None • Commenting: Al Borton (in favor of extending W. 41h St.) Key Issues of Discussion by Commission: • The requirement for the applicant to dedicate right-of-way and improve W. 4th Street prior to occupancy for an expansion of the church or a change in use on the site; • Rezoning only the northeast portion of the site and not the portion on the west side adjacent to W. 4th Street so that W. 01 Street could be improved with development of the west portion; Key Commission Changes to Staff Recommendation: None Outstanding Issue(s) for City Council: • Requiring the applicant to dedicate right-of-way and improve W. 41h Street along the entire western boundary of the site prior to occupancy of any church expansion or a change in use on the property (currently required with the proposed Development Agreement listed in Exhibit B). Written Testimony since Staff Report: None Notes: Project: Sond modifications `' RECEIVED APR 10 2007 Location: West of N. Black Cat Road, and south of Cherry Lane CityflfMeddian City Clerk Office Applications: modification to a final plat and variance Highlights of Proposed Development: The applicant is requesting to modify two approved final plat site specific requirements to allow for two existing residences on this site to temporarily remain while the applicant builds two new homes on different lots within the subdivision. Final plat site specific requirements numbers 12 and 13 will not allow the City Engineer to sign the plat for this subdivision until all buildings that do not meet setback requirements are removed. The two existing homes on this property do not meet the R-4 setbacks and actually encroach into proposed lots. The applicant is also required to pay for assessment fees and hook up costs to city services for any existing building that are to remain. Associated with these requested modifications to the approved final plat, the applicant is also requesting a variance to temporarily allow the two existing homes to encroach into the required setbacks of the R-4 zone. The applicant has stated that these requests are only temporary in nature and that once they are able to construct new homes on other lots within this subdivision that the existing homes will be completely removed as required. [Please note that I am not aware of a temporary variance; variance approval typically runs with the land.] At this time the applicant is unable to begin construction on the new homes because the plat has not recorded Outstanding Issue(s) for City Council: If the City Council decides to grant the request of the applicant, staff believes that the following issues would need to be addressed: i. Restricting the number of building permits released on the site to two until the existing homes are removed; ii. Setting a one year time limit for the complete removal of the existing homes and any other buildings that span across property lines; iii. Not dedicating Public Utility, Drainage and Irrigation Easements on the lot lines being spanned by the existing homes, then prior to the release of the remaining building lots, submitting a recorded document showing the remaining easements being dedicated; iv. Requiring surety for the removal of the wells and septic systems, and requiring that they be removed prior to issuance of the remaining building permits; v. Allowing for the applicants to occupy the two new homes prior to the completion of all of the required landscaping for the subdivision (which can not be completed until the old homes are removed) but restricting the occupancy of any more homes until the required landscaping improvements are complete; vi. Requiring the applicant to post a surety for the removal of the old homes. vii. To date, there has not been discussion regarding how Mr. Sondegger will access his home. We assume he will want to temporarily keep his access to Black Cat Road. Normally this would not be allowed and would be specifically noted as prohibited on the final plat. However, in preparing for tonight's hearing, staff noticed that the final plat does not prohibit access to Black Cat other than the approved location. viii. Regardless of whether Council decides to grant the variance and/or the applicant's request, Staff asks that the Council approve a final plat modification to address that the subdivision shall not have direct lot access to Black Cat other than as shown. Written Testimony since Staff Report: None NNW Project: LDS Church Rezone (RZ-07-004) Location, size of property and existing zoning: The subject property is located at 1615 W. 2nd Street, on the south side of W. Cherry Lane, approximately11/4 mile west of Meridian Road. The property is 7.23 acres in size and is currently zoned R-4. Adjacent Land Use and Zoning: 1. North: Offices, zoned L-O 2. East: Single-family residences, zoned R-4; northeast: property zoned O-T 3. South: Single-family residences, zoned R-4 4. West: Single-family residences, zoned R-4 & R-8; and offices, zoned L-O Application Request: Rezone of 7.23 acres from R-4 to L-O for the existing LDS Church. Summary of Proposed Streets and/or Access: Access to the site is currently provided from W. Cherry Lane and W. 2nd Street. No new access points are proposed or approved with this application. Comprehensive Plan Designation: Public/quasi-public Compliance with Comprehensive Plan: Yes, churches are designated as a public/quasi-public use. Compliance with UDC: Yes, churches are principal permitted uses in the L-O zone. Proposed DA requirements: Dedicate right-of-way and improve W 4ch Street along the entire western boundM of the site with curb gutter, and sidewalk prior to occupancy of any expansion or change in use on the site. History of Previous Actions: None Elevations: No Outstanding Issue(s) for Commission: None Staff Recommendation: Approval, with a DA, per the staff report. Notes: