Loading...
May 1, 2008 P&Z MinutesMeridian Planning & Zoning May 1, 2008 Page 35 of 40 further move to direct staff to prepare appropriate findings document to be considered at the next Planning and Zoning Commission hearing, dated May 15th, 2008. O`Brien: Second. Moe: It's been moved and seconded to approve CUP! 08-006, for Corkscrews as modified. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. ~ Item 10: Public Hearing: ZOA 08-001 Request for ; Development Code (UDC) Text Amendment~ specific sections to the UDC (see applicati~ proposed for amendments) for Unified Amendment #4 by the Gity of Meridian Planr Moe: I would like to open the Public Hearing for report. Watters: Thank you, Mr. Chairman, Members of the C Department is requesting a zoning ordinance amendm Development Code. Staff has been tracking additional spec should be amended for the UDC to function efficiently:~ proposed for amendment include parking standards, signs,~ O and C-N zoning districts. Wireless communication facilit violations. Additionally, staff is recommending two new c mixed employment and high density employment, to 'I designations recommended in the Ten Mile ~ interchang summary, the changes proposed in the staff report represen believes will make the implementation and use of the UD ~- enforceable. Since the application was submitted, the~ discovered two more changes that should be made to the U~ relocated from its current location within the definition of priv be located in the definition of arts, entertainment, and recr ` yoga have also been added as examples to that arts, en facilities definition. See Section 11-1 A-1. Second, to be co~ section regarding term of class, Section 11-6B-7AC should ~~ a fime extension from fhe date of the city engineer's signatur Staff recommends approval of the subject zoning ordinan with the changes to the UDC listed in Section 8 of the staff any questions you may have. Zoning Ordinance / Unified ~ modify, clean up and add ~ for details of a11 sections velopment Department: Code Text and start with the staff ommission. The Planning ~ent to amend fhe Unified ific sections of the UDC that Some of these sections hours of operation in fhe L- ies and provisions for UDC ~ommercial zoning districts, implement new land use e specific area plan. In t changes the planning staff C more understandable and ~Planning Department has DC. First, studios should be ate education institutions, to ~ation facilities. Karate and tertainment and recreation nsistent with the rest of the be amended by referencing e, not the recordation date. ~ce amendment application report. Staff will stand for Moe: I was waifing for that. Are there any questions of staff? O'Brien: I have a question, Mr. Chairman, of Sonya. ' Meridian Planning 8 Zoning May 1, 2008 Page 36 of 40 Moe: Mr.O'Brien. O'Brien: It has to do with the amateur radio antenna height requirement. I# looked like it was at 35 feet and it was -- I don't know what's changed~,,I if it was changed at all. I'm trying to find out where I-- where I read that. M a rs h a l l: 4-3-43 . 11. 4-3-43. O'Brien: Yes. Marshall: Yeah. O'Brien: Did you get that? Marshall: Want me to restate that? OBrien: 11-4-3-43 is -- let me see that. Yeah. It says amateur radio antenna standards pursuant to the FCC, et cetera, et cetera, has been crosse~d out and I don't know what that means by crossing that out, if that's been changed, del ~ ed, or otherwise. Watters: Chairman Moe, Commissioners, Commissioner O'Brien, if you're referring to strike out -- ~~ O'Brien: Yes. Watters: -- on 1-C, that's what was there previously and that's proposed to be removed OBrien: And the next page on 11-4-3-43, in the middle of the page there where it says antennas with a height in excess of 35 feet shall require~a Conditional Use Permit. What is the standard height? Is that 35 still? Is it stated somewhere else? Watters: Chairman Moe, Commissioners, Commissioner O~Brien, I'm not sure ri ht off 9 looking at this. Caleb had prepared this report and -- Baird: Mr. Chair and Members of the Commission, if I could jump in. Just from my quick review of it, on the previous page under 43-C, it Iooks,Cike they are trying to match up the height with the district that the tower is in. So, they are removing the standard 35 foot and, then, making it be appropriate to the particular~-- particular zone that it's located. Am I on track with that? Is that what you're saying? Watters: I believe so. ,I Marshall: You're right. O'Brien: Okay. It was confusing to me. My only interest is~ the fact that I have a ham license and I'm sfill in the county, so I don't know if those are consistent with out of city Meridian Planning 8 Zoning May 1, 2008 Page 37 of 40 and city or whatever the area. And so when I saw that crossed out, I couldn't -- I didn't quite understand it all. But thank you. ~ ~ Baird: I could also add as an aside that if you were ever brought into the city, you would be a nonconforming wse and you would be allowed to continue until -- OBrien: Okay. Baird: So, it shouldn't have any impact on currently existing towers. O'Brien: That's good news. Thank you very much. That's ~all I have. Moe: Okay. All right. Any other questions? Marshall: Just a comment that I keep stumbling over, Mr. C;'hairman. Moe: Mr. Marshall. ~~ Marshall: Each fiime it says any use not explicifly listed and, then, they are adding: Or listed as a prohibited use in table -- whichever several;l times -- of this section is prohibited. So; we are saying that anything -- I keep stumbling over that as I read it. It's any use not explicitly listed or listed as a prohibited use is prohibited. Watters: I can explain that if you'd like. ' Rohm: Please do. ' Watters: I don't know if I can state this a different way th~an what you just said, but, basically, if it's not listed in the schedule of use it's a prohibife~`d use. Marshall: Right. Watters: The uses that are listed that are shown as a-- well;~wait a minute. Baird: Mr. Chair'? Watters: I'm going to back myself up here. Newton-Huckabay: If it's not specifically listed as prohibited, ;it's still prohibited. Watters: Yes. Baird: Mr. Chair and Members of the Commission, the flip s~de would be to be allowed it needs to be listed. ~ Meridian Planning & Zoning May 1, 2008 Page 38 of 40 Watters: If it's listed in -- what I said previously and, t schedule of use with a dashed line that means it's prohibi~ Marshall: I understand what it's trying to say. Watters: Okay. Marshail: It just feels very stilted and difficult to get ovE about it for a second and, then, okay, that makes sense, have to add that? I mean I thought it was pretty clear befo states any use not explicitly listed is prohibited. Seems prE we are complicating it by saying, well, now if we are listi also prohibited or it's not prohibited, but it's prohibited beca Watters: Which number are you looking at? Marshall: Right now -- it occurs several times. First is 11 Watters: 2A-2C? , if the use is listed in the Does that clarify your -- , You have to sit and think ut I'm not quite sure why we ~ that without that it says -- it ty clear to me. But I feel like g it as a prohibited use, it's se it's listed as prohibited. Marshall: Yes. And it's also in 11-2B-2C. 11-26-2C. I tfi~ink it's in here again, but -- I just felt like it was complicating the issue a little more than it~needed to be. Baird: Mr. Chair, Members of the Commission, I have ~ot a feelin that somebod g y probably thought they had a gotcha, because something was listed, but it was listed as prohibited, so this is probably staff's attempt to just close a~ kpotential loop hole. I'm sure there was a reason for it and if for some reason fhis doe~sn't make sense or can be addressed differently, it's possible that it could be chang~ed before this gets to City Council. It's probably something -- a comment that Sonya might take back and get some history on in case it comes up at City Council. ,~ Watters: It's just, basically, covering all our bases. It's not leaving it -- like Ted said, it's not leaving any loop holes. You wouldn't believe th'e interpretations we have sometimes. ; Marshall: What bofhers me about fhat is that somebody may try to interpret that it's listed on the prohibited use, so now it's not prohibited. ':E Newton-Huckabay: Mr. Marshall, is the agreement that So`nya will get that clarified by staff sufficient for you? ;~ Marshall: That works for me. Moe: Okay. If that's sufficient, then, I just need someone to close this hearing and move forward on whatever we are going to do here, folks.,~So, can I get someone to make a motion? Meridian Planning 8 Zoning May 1, 2008 Page 39 of 40 Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we c Newton-Huckabay: Seo~ Moe: It has been moved and seconded to close the Public Hearing on ZOA 08-001. All those in favor say aye. Opposed? That motion carries. MOTIDN CARRIED: ALL AYES. ~ Moe: Mr. Rohm. ~ Rohm: Mr. Chairman, I move fhat we forward onto City Council recommending approval of ZOA 08-001, with comments that planning staff clarify the intent of the aforementioned discussion. ~ Moe: Now, will staff remember what that was? ~ i Rohm: Yeah. Well, it's in the record. Moe: All right. Newton-Huckabay: Second. Moe: And there was a second. Great. It's been moved ~and seconded to move onto City Council requesting approval of ZOA 08-001, as modified, possibly. All those in favor? Opposed? That motion carries. ;~. MOTION CARRIED: ALL AYES. Newton-Huckabay: I move we adjourn. Rohm: Second. Moe: It's been moved and seconded to adjourn. All those i~n favor'? Opposed? MOTLON CARRIED: ALL AYES. Moe: We adjourned at 8:47. MEETING ADJOURNED AT 8:47 P.M.