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HomeMy WebLinkAboutJanuary 6, 2009 C/C MinutesMeridian City Council January 6, 2009 Page 19 of 59 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 16. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Do we have to do both? Zaremba: I did incorporate both of them, if that's okay. Item 17: Public Hearing: RZ 08-008 Request for Rezone of 12.76 acres from TN- R to TN-C for Beacon at Southrid~e by Eastern Washington -Idaho Synod of the ELCA -south of Overland Road, approximately 800 feet west of Linder Road: De Weerd: Okay. Sony. Item 17 is a public hearing on RZ 08-008. I will open this public hearing with staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. The application before you is a request for a rezone for the Beacon at Southridge: It consists of 12.76 acres of land and they are requesting a rezone from the TN-R district to the TN-C district. The property is located on the south side of Overland Road, approximately a quarter mile west of Linder. This is an aerial view of the property. It currently just consists of vacant agricultural land. A little history on this site. The subject site was annexed into the city in 2007 as part of the Southridge development. The Conditional Use Permit for an 87,757 square foot assisted living facility, containing 187 residential units, was approved for this property and the property directly to the north on November 18th of last year. The site of the assisted living facility is currently split zoned. As a condition of approval of the Conditional Use Permit, the applicant was required to rezone the portion of the site zoned TN-R to the TN-C district in order have a consistent zoning for the entire site. A development agreement modification was also recently approved that modified the conceptual development plan for the South Ridge development to allow for an assisted living facility on this site. This is a copy of the approved site plan for the assisted living facility that was recently approved with the Conditional Use Permit. These .are the building elevations that were also approved with that Conditional Use Permit. This is a map showing the current zoning district boundary. The TN-R district on the south end there is what is requested to be rezoned to TN-C. The Commission recommended approval of the project with no changes to the staff report. The Commission agreed that the rezone of the property will correspond with the approved use. Van Elg testified in favor of the application at the Commission hearing. There was no other oral or written testimony, other than a response from the applicant in agreement the staff report. Staff recommends approval of the Conditional Use Permit request per the conditions in the staff report. The staff will stand for any questions the Council may have at this time. De Weerd: Thank you. Council, any questions? Okay. Is -- there is the applicant. Good evening. If you will, please, state your name and address. Meridian City Council January 6, 2009 Page 20 of 59 Elg: Okay. Thank you. Good evening. My name is Van Elg. I am with the Land Group, 462 East Shore, No. 100, Eagle, Idaho, representing the applicant this evening. We have gone over the staff report multiple times with Sonya and concur with the information that she has presented. I have got a Powerpoint presentation, but I will forego that in case -- unless any of you have any specific questions and just summarize. Council has already seen this through the development agreement. It's part of the master plan. We were required to submit a conditional use for this, which we have done. This is compliant with both the DA and the conditional use application and simply corrects this -- does my pointer show up here? Simply corrects this line here that really doesn't represent anything now, because it followed an old -- some old property lines with the original Southridge master plan and brings it back down here, so that has significance. Oops. Sorry. The P&Z's recommendation was was all supportive, with the exception of one, and she simply didn't support it, because she didn't support Southridge, initially. So, she remained true to her convictions. So, with that I don't have any other comments, unless you have some questions of me. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Or would you like to see his Powerpoint? Thank you. Elg: It's good. Thanks. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony? Okay. Staff, any further comments? Wafters: No, Madam Mayor. De Weerd: Okay. Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I having heard all staff and applicant testimony and given the public the opportunity to comment, I move we close the public hearing on RZ 08-008. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 17. All those in favor say aye. Did you say aye? Zaremba: I did. Meridian City Council January 6, 2009 Page 21 of 59 De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: I got it in on time and you didn't hear me separately. De Weerd: Okay. I know. I think I need to wear one of those things you have on your ears. Okay. Any discussion or do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve RZ 08-008 to include all staff comments. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to approve Item 17. Any discussion? Hearing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Public Hearing: AP 08-007 Request for City Council Review of the Planning and Zoning Commission's action regarding the conditions of approval for Fairview Lakes Retail (MCU 08-002) by Doug Tamura - 950 East Fairview Avenue: De Weerd: Item 18 is a public hearing on AP 08-007. I will ask for staff comments at this time. Wafters: Thank you, Madam Mayor, Members of the Council. The item before you is a request for City Council review of the Planning and Zoning Commission action and conditions on a Conditional Use Permit modification for Fairview Lakes retail building, located at 950 East Fairview Avenue. The request for review is a new hearing allowing the Council to review the entire development and conditions if so inclined. A little history on this. Staff approved a CZC for this site, a certificate of zoning compliance. Upon inspection of the site for release of occupancy staff noticed that the site and building were not consistent with the approved plans. Staff advised the applicant to apply for a modification to the approved Conditional Use Permit to obtain approval for the changes that were made. The applicant did so and the Commission approved the CUP modification with conditions. The applicant is now requesting Council review of the Commission's decision and certain conditions of approval. This is an aerial view of