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HomeMy WebLinkAboutOctober 17, 2002 Meridian Planning and Zoning Commission Meeting October 17, 2002 Page 2 of 76 Borup: October 3rd? Zaremba: I'm sorry. October. Reading the wrong one. October 3'd, Yes the minutes of October 3, 2002, as amended. Centers: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES Item 4. Public Hearing: Comprehensive Plan Test Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Borup: The next item on the agenda is a Public Hearing for the Comprehensive Plan Amendment. First, we thought we might want to ask -- do we have anyone here in the audience to testify on the Comprehensive Plan Amendment, Item Number 4? If not-- Zaremba: Mr, Chairman? Borup: Commissioner Zaremba. Zaremba: I move we delay discussion of that item to -- Borup: After Number 9? Zaremba: -- in the meeting to after Number 9, Borup: Okay. Motion to move Item Number 4 to after Item Number 9. Rohm: I'll second that. Borup: Okay. Second. Any discussion? All in favor? Any opposed? MOTION CARRIED: ALL AYES Borup: We thought that might move the meeting along for those of you that are here. We don't take -- that may be a little bit lengthy. We don't know. Item 5: Public Hearing: AZ. 02-025 Request for annexation and zoning of 6.24 acres from RUT to R-2 zones for Betty Lou Britton by Betty Lou Britton - 3680 West Ustick Road: Borup: Okay. Item Number 5 is a Public Hearing AZ 02-025, request annexation and zoning of 6.24 acres from RUT to R-2 zones for Betty Lou Britton by Betty Lou Britton, Meridian Planning and Zoning Commission Meeting October 17, 2002 Page 3 of 76 3680 West Ustick Road. We'd like to open this Public Hearing at this time and start with the staff report. McKinnon: Thank you, Mr. Chairman, Members of the Commission. On the overhead you can see the bolded outline of the subject property. It's located immediately to the south of the existing Wastewater Treatment Plant that's located on Ten Mile. The property itself fronts onto Ustick Road. Give you a picture of what the property looks like. It's a single-family home with an attached -- a detached building, a storage-type of building, large garage. There is a pasture included 0 n the proper. 0 n the property there are some livestock that are currently being housed on the property. Across the street from the property, as you can see on the overhead, is the Dakota Ridge Subdivision, directly across the street. Those are all the overheads. I draw your attention to the staff report. I will assume that you have read that, so I'd just like to point out a couple of highlights from the staff report tonight. The applicant has requested an R-2 zoning and according to the Comprehensive Plan land use map that was recently adopted in August, the property falls into what is called the Mixed Use Wastewater Treatment Plant, or the MUWWTP. In your Comprehensive Plan on Page 98, it specifically calls 0 ut what uses would be allowed and which 0 nes would be - - which ones should be permitted and a requirement that all development of that area require a Conditional Use Permit. The applicant has requested an R-2 zoning. The R-2 zoning would allow for up to two dwelling units per acre. The Mixed Use Wastewater Treatment Plant in the Comprehensive Plan says no new residential units within that zone, If we allow the R-2 zoning in -- for this property, we would go against the Comprehensive Plan, because that would give rights to the applicant to put additional residential units on that property, in opposition of the Comprehensive Plan. The Comprehensive Plan further states the types of uses that it would be allowed in the Mixed Use Wastewater Treatment Plant and calls those out as light professional office uses, flex space uses, including I ight warehousing -- a gain, non ew residential uses, limited small scale retail uses, mini-storage uses and other uses as permitted by the City Council. Mrs. Betty Lou Britton, the applicant, has talked with someone, who I believe is present tonight, about purchasing the property and they can tell you how they'd like to use this property in the future. My recollection of our conversations is that the R -2 zoning designation is not as dense as the residential t halt hey would like to propose, but I will let the applicant and the potential purchaser of the property address that tonight. One thing that I would ask of the applicant Betty Lou Britton address tonight is the number of animals that she has on the property at this time, so that we can establish a baseline for grandfather rights, sot hat no more animals a re brought onto the property than what currently exist on the site, because our city ordinances prohibit the use of livestock, unless. they are grandfathered. With that, I would ask if there are any questions of staff? If not, I'll turn the time over to you for your Public Hearing. Borup: Any questions from the Commission? Commissioner Centers? Centers: Yes, Mr. Chairman. The primary reason for the annexation is due to the services that were provided recently, sewer and water? Meridian Planning and Zoning Commission Meeting October 17, 2002 Page 4 of 76 McKinnon: That's the reasons why. Centers: And, of course, the applicant will address the zone request. Okay. Thanks. Borup: Okay, Is the applicant 0 r her representative here this evening? State your name and address for the record. Britton: My name is Betty Lou Britton. I live at 3680 West Ustick, Meridian, Idaho. 83642. Borup: Is there anything you'd like to add to what the staff report mentioned? Britton: No. Borup: There is a couple of questions he had that we need to ask, then, a s far as number of livestock. Did you have some additional information on that? Britton: I have -- rent three horses. Borup: Okay. Britton: But I -- it is going into the city, as they said, because I had to have services. Central Health would not allow me to put a septic tank in or a field drain. I had the septic tank, but no field drain. Borup: You needed a new field drain, I assume? Britton: Being refused. Borup: Yes. You needed a new on. Your old one -- Britton: Yes. Borup: The old one failed. Britton: Broke. Borup: Okay. The reason for that was you can -- as had been mentioned, you can continue to have the three horses on there, but they are saying no additional. Part of the City Ordinance, Do you have any comment on your requested zoning? You're requesting an R-2 zone? Britton: Because I am residential. Borup: Right. Meridian Planning and Zoning Commission Meeting Octobe, 17, 2002 Page 5 of 76 Britton: I want to live in my house until I have sold it, but R-2 -- I mean what else are you going to put into it. It is residential. Your neighbor's residential. He's in the city. He's R-2. I'm as far away from the sewer as the subdivision across Ten Mile. Borup: Okay. Any other questions from any of the Commissioners? Centers: Yes, Mr. Chairman. Mrs. Britton, you're really not concerned about the zone that we put on it when we annex it, are you? As long as you can live there -- you can sell it as a house in the future to -- even with commercial zone or office zones. That's my understanding and if it's not true, then maybe staff can interject, but -- Britton: All I'm doing is zoning it city -- Centers: Right. Britton: -- because I was put into the city, because I couldn't have -- and it's pretty hard to run a five bedroom, three bath house with no sewer. Centers: Right. You're here on good faith and we appreciate that. Britton: I'm here on good faith. Centers: Right. Okay. McKinnon: Mr. Chairman, Commissioner Centers, if I could answer that question. If the property was zoned L-O or CoN and the house remained on the property and she wanted to continue to use it as that, it would be what's considered a legal nonconforming use. Grandfathered. The problem that you do run into from time to time with a grandfathered piece of property is that the City of Meridian does not -- issues no rebuild letters and so if someone were to purchase that property for the residential use, they may be required to secure a nonconforming loan. Centers: Well, I'm well aware of that, but that would be up to the buyer and not a City Ordinance and she could sell it for all cash and the new buyer could live in it, so -- Zaremba: I understand that as a grandfathered use, if somebody wanted to make -- let's say we annexed it and determined that it needed to be a CoN zone, as a grandfathered use, she certainly could live there, she can sell it as a residence, right, and the next person can live there? McKinnon: That's correct. Zaremba: The fact that it's zoned CoN only comes to effect if they want to change how it's currently configured? McKinnon: That would be correct. Meridian Planning and Zoning Commission Meeting October 17, 2002 Page 6 of 76 Zaremba: Okay so she doesn't suffer any loss. She could sell what she already has to somebody who would use it the same way. McKinnon: That's correct. Centers: Yes. Britton: It is a residence. A five bedroom, three bath house, so -- Centers: Well, you're going to be fine. In fact, the zoning may be advantageous for you. Mayor may not, depends on how you look at it, so -- but we want to comply with the Comprehensive Plan. Zaremba: I think the issue is the city at this point, through all of its Comprehensive Hearing process for the Comprehensive Plan and, as many of us who sit on this site know from Utility Subdivision that was proposed slightly east of you -- Britton: Yes. Zaremba: -- four years the city has been saying no new residential in that area and -- Britton: How come across the street it's -- Zaremba: Well, across the street farther away, but on your side of the street -- Britton: I live on the wrong side of the street. I thought there had to be a railroad track there, but -- Zaremba: A CoN zone could be a very attractive -- either for you as the seller or the next purchaser when they go to redesign it. If it doesn't make any difference to you and it certainly doesn't impact your way of living there, I would want to side with the City Council and the whole hearing process's thinking, as staff says, that this should be something like a C-N. Britton: Okay. Tonight if you put it as a CoN, instead of an R-2 and -- Zaremba: That's fine with me. Britton: I don't care. Zaremba: Does that change the application process or can you -- Britton: I would just-- had to be put in the city, because they -- Meridian Planning and Zoning Commission Meeting October 17, 2002 Page 7 of 76 Zaremba: And we appreciate you meeting your commitment. There are others who were supposed to be doing that who we discovered have been putting it off for years and years. Britton: It's just cost me 10,000 bucks to put it in the city. Zaremba: Oh, boy. Britton: And I'm 267 in the hole, so -- thousand, that is. You put 10,000 for a widow lady of my age. You're -- complying with your wishes. Zaremba: Thank you for complying. Britton: Anything else? Borup: Any other questions from the Commission? Thank you, Mrs. Britton. Centers: Thank you. Borup: Do we have anyone else that would like to testify on this application? Come forward, please. Ralphs: Members of the Commission, my name is Rod Ralphs, I represent CMD. My last named is spelled R-a-I-p-h-s. I live at 2730 North Greenbelt Place here in Meridian. I represent CMD, which is a Meridian-based Real Estate Development Agency and Company and we are looking at procuring this property. What we wanted to do tonight is to just come in and take your pulse to see just how adverse you would be to a residential application. May I approach? I have got some layouts to what we envision here. Zaremba: Do we have the overhead? Ralphs: What you have before you is a proposed 30-unit subdivision that would include multi-units attached and also you would have single dwelling attached units and detached units throughout the complex. There is a park area there in the central area and there towards the north I know there is some concern about the proximity to the Waste Treatment Facility, but there is already some existing berm there 0 n the side where the Waste Treatment Facility is. I understand that it is going to expand to the north and to the west away from this particular location and that we would also be proposing putting in a substantial berm and trees to block out light and sound. I have nothing further, so any questions? Borup: Well, you realize that you will be coming back in with another application and -- Ralphs: We certainly do. We appreciate that. Meridian Planning and Zoning Commission Meeting October 17, 2002 Page 8 of 76 Borup: Do you know what -- what type of zoning would you envision -- Ralphs: This one, I believe, is going to be an R-8, is what we are currently saying here. Would that be correct? It would be an R-8 is what we propose for a PUD. Borup: Unless that was zoned R-8 tonight, it would be another -- a rezone application. Ralphs: Would you like to do it tonight? McKinnon: Mr, Chairman, Members of the Commission, if I might just jump in really quick. One of the findings on an annexation and rezone requires that it be in compliance with the Comprehensive Plan. If it's not in compliance with the Comprehensive Plan, then the Comprehensive Plan land use map amendment be made at the same time. There is no current Comprehensive Plan land use amendment before you tonight, so that finding would be impossible for you to make. Borup: Any questions from the Commission? Zaremba: Would their interest in the property totally disappear if it were a C-N zone and had to stay that way? Ralphs: Not entirely but our thoughts when we first proposed this project was that it was consistent with what we were seeing to the south with Dakota Ridge and Inglewood Creek. Again, to provide that buffer between the Water Treatment Facility. It would not, in all honesty, go away, but this, of course, was the first preference that we have. Borup: Anyone else? Thank you, Mr. Ralphs. Ralphs: Thank you. Borup: Do we have anyone else to testify? Seeing none, Commissioners, thoughts? Zaremba: Well, I agree that it is across the street from residential, but there has been an awful lot of discussion already and a very clear direction from the city that they don't want to add any new residential on t his side of the street. I mean t hey have -- I'm looking at a map that not everybody can see over there that the dark area there defines the Wastewater Treatment Overlay and it is not that entire quarter mile, but it is much of it and in this area all of the area on the north side of Ustick. There has been so much meeting a nd a nguish and discussion, t hat I ,one, would not want to be p resenting a change to the Comprehensive Plan, I'm very much in favor of annexing this, but I agree with staff that it should be -- and I would choose C-N, that it should be something compatible with the Comprehensive Plan, as it currently exists. That's my opinion. Borup: Commissioner Centers? Meridian Planning and Zoning Commission Meeting October 17, 2002 Page 9 of 76 Centers: I agree, Chairman Borup, and I have a lot of empathy for Mrs. Britton, but I don't think she's out of the woods yet. I think this applicant or the developer could come back and apply for a Comprehensive Text Amendment or change, whatever you want to call it, and that's a six month process, correct me if I'm wrong? McKinnon: Well, Mr, Chairman, Members of the Commission, yes, you can only change the map once every six months. A text amendment can be made at anytime. Centers: Right. I guess, personally, I wouldn't disagree with residential being there, if they can sell the home, but I think we do have to comply with our Comprehensive Plan, annex the property as a C-N and go from there. Borup: Do you want to come back up, Mrs. Britton, so we can get you on the record? Britton: The place right next to me, the 1.855 acres, is R-2. It's in that orange thing. How come? Borup: It was zone R -2 before the Comprehensive Plan was adopted. Before. Britton: So? It's still in the orange thing and you won't let anybody have R-2 and he is. Zaremba: I think the element is no new residential and if there was ever an application on that property for a change, it would be changed also. The wording in the Comprehensive Plan is no new residential in that area. Existing residential can stay, but no new. Britton: Well, I'm residential. Borup: Right and you can stay, Britton: No, you can't. You just told me I couldn't have R-2. Centers: No. You're not in the city, ma'am. Britton: Oh, I'm in the county. Centers: You don't have a zone. You have RUT right now. Britton: I'm the RUT. Borup: Technicality. Any other thoughts? My concern -- and I guess I'm a little confused on such a large designation around that Wastewater Plant. We have already an application that tried to do something they thought was in compliance and City Council said no. Something needs some type of buffer. The neighbors across the street definitely would prefer a residential buffer. Anything going in here would know what's going to be coming around them and what's to the north of them and -- Meridian Planning and Zoning Commission Meeting October 17, 2002 Page 10 of 76 Centers: I agree. I said that. Borup: Right. I personally don't have a lot of problem, but there is a technicality to work on. Centers: Yes. Zaremba: I think the issue is, no matter how carefully they operate the Waste Treatment Plant, if you allow residences in there, there are going to be complaints about escaping smells. T 0 be honest, I I ive a little 0 ver a mile from t he Waste Treatment Plant, due south, and several times a month when the wind is blowing my direction, we are very aware of it, so-- Centers: Did you know it was there when you moved there? Zaremba: Yes, I did and I don't have a problem with it. Centers: There you go. Zaremba: Because I only smell it a couple of times a month and I can keep my doors closed, but I'm not 500 feet from it. I don't know how more frequently they would get that smell, being that much closer than I am, but I think that's the subject that has caused the city to say no residential there and I support that. Centers: I think the way you handle that, when you approve a Preliminary Plat for residential on that property, it's written across the plat, Wastewater Treatment is X distance from this property. You don't have anyone unaware that it's there, because if a developer develops that and sells those homes with that notification, more power to him. I don't disagree with residential. Not at all. As long as you notify the people up front. Borup: Well, if I were receiving -- if I was in the city receiving a phone call from someone complaining about that that moved in, they wouldn't be taking any of my time. That would be a short conversation, That's not really, what we need to discuss here this evening. I mean that's not what the application is for. Well, I guess partially it is, but R- 2, so -- I don't think there is any problem with the request on the annexation. The decision is what zoning. Centers: Right. Zaremba: The R-2 doesn't meet the need of the stated alleged potential buyer. The R- 2 doesn't comply with the Comprehensive Plan, and my inclination would be to annex it as a C-N and the potential buyer needs to argue their case, no matter how we annex it. Right? Borup: Yes. They are going have to "- Meridian Planning and Zoning Commission Meeting October 17, 2002 Page 11 of76 Zaremba: They are still going to have to discuss it when they have their real proposal to present. I move we close the Public Hearing. Centers: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES Borup: Do we have -- anybody ready for a motion? Zaremba: Mr. Chairman? Borup: Commissioner Zaremba. Zaremba: I move we forward to the City Council recommending approval of AZ 02-025, request for annexation and zoning of 6.24 acres from RUT to CoN zone, not R-2 zone, to a C-N zone for Betty Lou Britton by Betty Lou Britton, 3680 West Ustick Road, to include all staff comments, many of which are satisfied by making it a CoN zone. Centers: And a maximum of three horses. Zaremba: Yes. Considering that the residence continues as a legal nonconforming use with the existence of three horses, Centers: Second. Borup: Motion and second. Any discussion? All in favor. Any opposed? MOTION CARRIED: ALL AYES Borup: Thank you. Mrs. Britton, you are annexed. The zoning is C-N. You can continue to live there. If you can sell the house to someone else and they can live in the house, so that won't change that use. Britton: What are the taxes on it now? Borup: We are the wrong ones to answer that. McKinnon: Mr. Chairman, Members of the Commission, if I could jump in really quick, Betty Lou, you're not actually annexed at this point. The Planning and Zoning Commission can only make a recommendation -- Borup: Right. McKinnon: -- to the City Council, so you still have a City Council Meeting. Meridian Planning and Zoning Commission Meeting Octobe, 17, 2002 Page 12 of 76 Borup: Right. No comment on the taxes? That's not your department either. Centers: And, Mr. Chairman, I'd like to make a comment for Mrs. Britton and her representative, that they plead the same case to the City Council and get a feel there and you will know where they are at, because anything that goes through us has to go to them. Borup: We are a little more bound by ordinances and Comprehensive Plans. The City Council doesn't always have quite the same restraint. Wollen: Commissioner Zaremba, I just wanted to clarify that -- the one part of the motion about the three horses. Was that a limitation on all livestock or only three horses? McKinnon: Mr. Chairman, Members of the Commission, if I might, we could -- Zaremba: I'll defer to staff, because they are the ones that quoted the rule. McKinnon: Our ordinance actually refers to livestock and they give the definition of livestock and it includes pretty much any four-legged animal that you can take care of, horses, cows, and sheep -- Britton: Not in the county it doesn't. Horses are pleasure and that's why I'm in residential. If I had a cow or a chicken, I would be -- McKinnon: Mr. Chairman, Betty Lou, the definition of livestock in the city is different than livestock in the county. Zaremba: But that would not preclude dogs and cats also right? She could have pets? McKinnon: Oh, yes. Borup: Do you want to change your motion from horses to livestock? Centers: I think it should be existing livestock, is the wording, in my opinion. What she's got -- Borup: Is three existing animals. Centers: Right. That would be my recommendation. Zaremba: The maker of the motion would be happy to make that amendment and change it from horses to just livestock. Centers: You're not going to buy anymore anyway, are you? Meridian Planning and Zoning Commission Meeting October 17, 2002 Page 13 of76 Zaremba: They give birth sometimes. Borup: Okay. Do we need a revoteon that motion or was that just a clarification? Zaremba: It's a different motion. Borup: We have a different motion. Do we have a second? Centers: Yes. Borup: All in favor? Any opposed? MOTION CARRIED: ALL AYES Item 6. Public Hearing: CUP 02-029 Request for a Conditional Use Permit for a Childcare facility for 12-24 children in an R-15 zone for Joni R. West by Joni R. West - 923 East 4th Street: Borup: Okay. Thank you. Okay. Item Number 6, Public Hearing CUP 02-029, request Conditional Use Permit for childcare facility for 12 to 24 children in an R-15 zone for Joni West by Joni West, at 923 East 4th Street. I'd like to open the Public Hearing at this time and start with the staff report. McKinnon: Thank you, Mr. Chairman, Members of the Commission. Move forward through to the site plan. As noted in the staff report, the property is located at 923 East 4th Street. That's the bolded area on the site plan in front of you. It's right adjacent to the alley on 4th Street. A couple pictures of the site. This is a -- was what would be -- it was a single-family residential home and the proposed use now is to not have anybody live in the home, but to convert this to a full-time child care facility for 12 to 24 children, In the R-15 zone, such a day care use would require a Conditional Use Permit and that's why it's in front of you at this time. I assume you have read the staff report. If you have any questions about the staff report, I would be happy to answer those at the end of my staff report. This piece of property is currently in what would be considered the older town of Meridian. It's not Old Town zone, but according to the new Comprehensive Plan, should there be a request for it to go Old Town on a rezone, it would be allowed to go to the Old Town zoning designation. As such, this is an old site and a fairly old home in an existing neighborhood the property itself was never established with any garage or anyon-site parking. The site right now is devoid of any parking at all. The site photo that you see in front of you at this time is indicating with the arrow where the applicant would like to propose a driveway that would be 80 feet in length, approximately 15 feet wide. The driveway would be immediately adjacent to the property that is being used currently for a single-family residence -- residential unit on the right-hand side of the photo. The applicant has not proposed any landscape buffer for the neighbor adjacent to the parking. If you can turn to Page 2 of the staff report, you will see that the parking was brought up as far as the number of parking spaces required for off-site parking. According to our code, it would be a requirement for four