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HomeMy WebLinkAboutDecember 5, 2002 Meridian Planning & Zoning December 5, 2002 Page 47 of 74 Siddoway: It is very good and we will have to see what conditions of approval exist that we can enforce. We will have to keep in mind that some of those may be legal nonconforming uses, but that is something that we can look into, definitely. Zaremba: Thank you. Thank you for your thought on that one. Borup: Thank you. Mr. Landry, could you use these extra plans? Okay. Our next item is Public Hearing RZ 02 dash -- Commissioners, do we want to continue on or does anybody need a break? Rohm: Let's take a break. Borup: Okay. We'll take a short break at this time. (Recess at 9:25 P.M.) (Reconvene at 9:38 P.M.) Item 10. Public Hearing: RZ 02-007 Request for a Rezone of 2.83 acres from R- 4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: Borup: I think we are ready to reconvene. The next item is Public Hearing RZ 02-007, request for rezone of 2.83 acres from R-4 to L-O zones for Meridian First Baptist Church by the Meridian First Baptist Church at 428 and 506 West Pine Avenue. At this time, I will open this Public Hearing and start with the staff report. Siddoway: Thank you, Mr. Chairman, Members of the Commission. This is a requested rezone for just over two and a half acres along Pine Avenue. It's an existing church from Meridian First Baptist Church. The properties are outlined for you on the vicinity map. Let's see. This is an existing site photo of those properties today. You can see the existing church and the surrounding residential uses. This is a photo taken from street level -- today, actually, of the church. The current zoning there is R-4 and this is similar to two other applications you have seen recently of a church in an existing R-4 zone, rezoning to limited office, to clean it up and make it a situation where the church is a permitted use and not a prohibited use. You should have a staff report dated November 271h. Staff does support the requested rezone to L-O. There are six conditions of approval on the property and we would recommend approval of this rezone application with those conditions. I'll stand for any questions. Borup: Thank you. Any questions? Does the applicant have anything they'd like to add to what the staff report - Touchstone: My name is Justin Touchstone I live at 400 West Farrnall Way in Kuna, Idaho. As you can see, it's a pretty straightforward application. We are looking to just clean it up. We have recently purchased the house right next door, as you can see, to Meridian PlannJng & Zoning December 5, 2002 Page 48 of 74 the west of our existing property. We are looking to do this just to -- we are looking to expand, adding some additional classroom spaces and some other facilities. It was represented to us by a number of people that this would be a good way to clean up the purchase property, along with our two existing parcels that we own. We are aware of the staff comments and that we will meet them at the time that we do -- start to develop our site in the future. We have copies of those in our file as well. Really, I mean what -- get my notes here. We are not looking to change the use on the site. I did receive a phone call from one of the neighbors asking that question, if we were looking to sell the site, move off, have it zoned for a limited office for another developer to come in and change the use of the site. We are a long term and we are looking to stay at the site. We like the site, we like the location in town, we think it's a good place for our church to be. That's not really -- that's not the reason we are looking for the rezone, we are just looking for the rezone. When we do develop, we don't do a Conditional Use Permit for every little project we do and pay the fee every time. We would pay the one-time fee to rezone it and then we are clear for permitting. Then we will have to come before you for approval, of course, on the site plan and other things, but we don't have to pay the conditional fee every time we want to go ahead with a development of the project. Borup: And we understand. Steve had mentioned that we have had several others recently doing the same thing and it's getting more in compliance with what the city would like to see. Touchstone: That's what Steve and I discussed yesterday. Borup: Any questions from the Commission? All right. Thank you. Do we have anyone else to testify in this application? Langley: Dean Langley, 3185 North Black Cat Road. Mr. Touchstone covered most of the items that I would have covered, so I won't repeat that, other than to say that we have experienced significant growth in the last year or two and that was part of the reason why we did buy the 506 property on the west side. Our philosophy as a group of Christian people is that we don't want to be a super church we don't want to put 1,000 people on that site. We do want to build it to its maximum potential given the city guidelines under L-O. Then once we have reached that point, we will probably be looking at starting another church somewhere else and having people stay right where they are, rather than pick up and move and sell the property. How many people that involves, you know, we will have to determine that, working with the city staff and the other existing guidelines. We do like the site, we like the neighborhood, and we like Meridian and see what potential is there for what we need to do and this is one of the first concrete steps we need to take to make it a success. Thank you. Siddoway: Thank you. Do we have anyone else? Seeing none, Commissioners? Zaremba: Mr. Chairman, I move the Public Hearing be closed. Rohm: I will second that. Meridian Planning & Zoning Dacember 5, 2002 Page 49 of 74 Borup: Motion and second to close the Public Hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES Zaremba: Mr. Chairman? Borup: Commissioner. Zaremba: I move that we forward to the City Council recommending approval of Item 10 on our agenda, RZ 02-007, request for a rezone of 2.83 acres from R-4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church, 428 and 506 West Pine Avenue, to include all staff comments. Mathes: Second. Borup: Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES Item 11. Public Hearing: ZA 02-002 Request to Amend Zoning Ordinance 11-9- 2, Supplemental Yard and Height Regulations, to allow architectural encroachments to setbacks in residential developments by Wardle & Associates: Borup: The next item is Public Hearing ZA 02-002, request to amend zoning ordinance 11-9-2 on Supplemental Yard and Height Regulations to allow architectural encroachments to setbacks in residential developments. This is by Wardle & Associates. Open the hearing at this time and start with the staff report. Siddoway: Thank you, Mr. Chairman, Members of the Commission. What's before you tonight is a request to amend our Zoning Ordinance to allow encroachment into setbacks of two feet into the front, side, rear setbacks for architectural structures, such as covered patios, porches, pop-out windows, could be fireplaces, and the like. It also states that an uncovered balcony could project four feet onto a rear yard setback. In addition to that, the -- it also requests that we allow for 15-foot front yard setbacks for both side entry garages and living areas. A recent amendment to the Zoning Ordinance already makes provision for living areas to be built up to the 15 feet, but does not - it excludes garages and this would propose to allow that for side entry garages only. We would point out -- we have met with the Fire Chief and the Building Inspector, we do believe that the requested zoning amendment is in compliance with the Uniform Fire Code, the International Fire Code, and the Uniform Building Code, the International Building Code, it's not in violation of any of those Uniform Building Codes that are applied to developments. In general, we do not have any major objections to the request. We like the idea of encouraging the use of front porches and the like closer to the streets. There are some recommended modifications to the proposed ordinance language on Page 2, I believe, that Jonathan Wardle is here tonight with the proposed