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HomeMy WebLinkAboutApril 17, 2003 minutesMeridian Planning and Zoning Commission Meeting April 17, 2003 Page 17 of 90 Wilhelm: Okay. Item 5. Public Hearing: Amended Zoning Ordinance Meridian City Code 11- 8-1, Schedule of Use Control, to allow churches in R-40, I-L and C-G zones: Borup: Okay. Our next item is Public Hearing on Amended Zoning Ordinance in City Code 11-8-1 in the Schedule of Use Control to allow churches in an R-40, I-L and C-G zones. I'd like to open this hearing at this time and start with the staff report. Do you have a lengthy report? It looks like, basically, we are adding a Conditional Use - churches to be allowed as a Conditional Use in those three additional zones. McKinnon: That's correct. Mr. Chairman, Members of the Commission, just a really brief staff report. This is in reference to the Religious Land Use Institutionalized Persons Act, which is a federal law that keeps cities and other jurisdictions with zoning laws to unduly prohibit -- or unduly make requirements on religious institutions and the institutionalized persons type of project. You know, the care centers and care homes and rather than keep those from -- as being prohibited uses in several of the zones, the three zones that you previously mentioned, the R-t3, the R-40, the -actually, the R-t3, R-40, L-0 and C-G zones, we would show that -- excuse me. R-40, I-L and C-G zones, just to make those Conditional Uses, so they would come before the city, instead of just making them outright prohibited and keeping those from going into those zones. I'd ask if you have any questions. It's not much of a staff report, but that's just the real reason for it. IYs a pretty simple thing. Borup: Question, comment from the Commissioners? Zaremba: I think my only question would be -- on the narrow subject of churches, I, actually, don't have any problem with them being in every zone that they want to be in. The backwards question is the reason for zoning is to group like things with like things and Iwould -- in this specific instance I don't have any problem with the R-40 or the industrial zone, but if they are among heavier uses in a C-G zone, where do we stand if sometime later the church complains about their neighbors? McKinnon: Mr. Chairman, Commissioner Zaremba, that would be the reason that we would require a Conditional Use Permit in those, to place conditions upon those -- Zaremba: That's why it's not just permitted McKinnon: That's correct. Zaremba: Okay. I'm in favor of it. Centers: Yes. Mr. Chairman, I read all the materials and I think we should move this to the City Council ASAP. Meridian Planning and Zoning Commission Meeting April 17, 20D3 Page 18 of 90 Borup: Do we have anyone from the public to testify on this? Okay. Then, we are ready for a motion. Zaremba: Mr. Chairman, I move the Public Hearing be closed. Centers: Second. Borup: Motion and second to close the Public Hearing. All in favor? MOTION CARRIED: ALL AYES Zaremba: Mr. Chairman, I move we forward to the City Council recommending approval of Item 5 on our agenda, Amending Zoning Ordinance of Meridian City Code 11-8-1, Schedule of Use Control, to allow churches in the additional zones of R-40, I-L, and C-G. Centers: Second. Borup: Motion and second. All in favor'? Any opposed? Thank you. MOTION CARRIED: ALL AYES Item 6. Public Hearing: AZ 03-006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-0, and C-G zones for proposed Paramount Subdivision by Paramount, LLC -west of North Meridian Road and north of West McMillan Road: Item 7. Public Hearing: PP 03-004 Request for Preliminary Plat approval of 764 building lots and 37 other lots on 392.17 acres in proposed R-8, R-40, L-O and C-G zones for proposed Paramount Subdivision by Paramount, LLC -west of North Meridian Road and north of West McMillan Road: Item 8. Public Hearing: CUP 03-008 Request for a Conditional Use Permit for a Planned Development for 764 single-family residences, 73 townhomes, 270 apartments, community center, schools and churches in proposed R- 8, R-40, L-O and C-G zones for proposed Paramount Subdivision by Paramount, LLC -west of North Meridian Road and north of West McMillan Road: Borup: Okay. Unless the next application wants acontinuance -- not this month? guess we have to go ahead, then. We'd like to open --the next few Public Hearings are all pertaining to the same project, Paramount Subdivision. I'd like to open all three of these at the same time. Public Hearing AZ 03-006, request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-0, and C-G in the proposed Paramount Subdivision. Also Public Hearing PP 03-004, request for Preliminary Plat approval of 764 building lots, 37 other lots, on 392 acres in the same proposed zones,