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HomeMy WebLinkAboutJune 19, 2003 P & ZMeridian Planning and Zoning Meeting June 19 2003 The regularly scheduled meeting of the Meridian Planning and Zoning Commission was called to order at 7:00 P.M., on Thursday, June 19, 2003, by Chairman Keith Borup. Members Present: Chairman Keith Borup, Jerry Centers, David Zaremba, Leslie Mathes, and Michael Rohm. Others Present: Bruce Freckleton, Steve Siddoway, Nick Wollen, Sharon Smith, and Dean Willis. Item 1. Roll-Call Attendance: X David Zaremba X Jerry Centers X Leslie Mathes X Michael Rohm X Chairman Keith Borup Borup: Good evening, ladies and gentlemen. We'd like to begin our regularly scheduled meeting for the Meridian Planning and Zoning Commission for June 19"' and start with Commissioners in attendance. Item 2. Adoption of the Agenda: Item 3. Consent Agenda: A. Approve minutes of April 29, 2003 City Council and Planning and Zoning Joint Workshop: B. Approve minutes of June 5, 2003 Planning and Zoning Commission Regular Meeting: C. Findings of Fact and Conclusions of Law for Denial: PP 03- 012 Request for Preliminary Plat approval of 62 building lots and 8 other lots on 11.3 acres in proposed R-8 and R-15 zones for proposed Blooming Meadows Estates Subdivision by The Cutting Edge, LC - 4379 North Locust Grove Road: Borup: The first item is the Consent Agenda. Is there -- anyone have anything they'd like to remove from the Consent Agenda? Zaremba: I have a question on C. Perhaps it should be removed, so we can discuss it. Borup: Okay. Zaremba: Should I make the discussion first and, then, we will decide if it's removed? Borup: No. Let's go ahead and remove it and, then, we will go on and do that next. Meridian Planning and Zoning Commission Meeting June 19, 2003 Page 2 of 34 Zaremba: In that case, I move we approve the minutes of April 29, 2003, and the minutes of June 5, 2003. Centers: Mr. Chairman? Borup: Commissioner Centers. Centers: In discussion with the Legal Counsel, Item C is on there and should be. Borup: No, I'm not removing it from the total agenda, just for the Consent Agenda. Centers: Okay. Borup: That's -- so, then, it will just go to the regular agenda as a Regular Agenda item. Sorry if I didn't explain that. Centers: Was your motion to approve A and B? Borup: Yes. Centers: I would second that. Borup: Motion and second, all in favor? Any opposed? MOTION CARRIED: ALL AYES Borup: Then, let's -- yes. Items -- Zaremba: I don't know that it was necessary to go all through that, but -- Borup: Well, Item C would be PP 03-012, the Findings of Facts for Denial on Blooming Meadows. Go ahead. Zaremba: And my question of that is if we denied the annexation, then, we don't really need to have an opinion on the Preliminary Plat, right? We have really -- we had no issue on a piece of property that is in the county. Centers: Mr. Chairman, Mr. Siddoway can explain it all. Borup: Yes. Siddoway: I'll let Nick take it. Wollen: Thank you. Mr. Chairman, Members of the Commission, according to Meridian City Code -- and what I'm referring to is Section 12-3-3 -- yes, that would be it. 12-3-3 talks about the Commission action on any either approval or denial of a Preliminary Meridian Planning and Zoning Commission Meeting June 19, 2003 Page 3 of 34 Plat. Now, as we all know, these are brought up a lot with CUP applications, as well as applications for annexation and zoning. The City Code does have a provision in it, which was something that I personally was not aware of and I don't believe that anybody was really aware of it until Anna Powell brought it up. It does mandate the Council, if it's their desire to, to deny the Preliminary Plat, which I believe was the voting decision of the Commission in the last meeting, to just deny it straight out, it does not go to -- that it, itself, does not go on to City Council that way. I believe -- I was not here in the last meeting, but I believe that the Commission voted to recommend denial on all three and the way the procedure goes, according to the code, now, the application -- the application for annexation and zoning and the CUP go on for -- with the recommendations to the City Council. The Preliminary Plat application is just denied by the Council -- by the Commission itself. Now, at the same time, there is another provision in -- it's 12-3-3 K, which allows the applicant to appeal such denial by the Commission. It's a round about way to do it, but this is the way -- we are following the code if we do it this way. Centers: It ends up the same way. Borup: Yes. Centers: With a little additional cost to the applicant. Zaremba: Wouldn't it be appropriate, though, to reference among the reasons for denial -- Borup: They are in the Findings. Zaremba: -- it's not annexed. Wollen: Well, and -- I see what you're saying, Commissioner Zaremba. I think that it would not be -- unless it was one of the reasons that were brought up by the maker of the motion. That would not be a reason for the denial outright and -- well, I guess since the -- there was recommended denial on the annexation -- and I'd have to go back to the minutes of the last meeting, but that may have been one of the reasons. I'm not certain about that. You bring up a good point. At the same time, the way that the code reads, the annexation decision is still up in the air, so that's -- if anybody has further questions, I -- I understand it's kind of a confusing area here. Borup: Well, Ithink I -- I mean City Council could still annex it and, then, the only way they could even look at the plat is with the applicant asking for a -- Wollen: And, basically, Mr. Chairman, Members of the Commission, it would be an overturning of the Commission's decision if the Commission chooses to adopt the findings and conclusions tonight. Also, with that, I must bring up that in my review of this and the Conclusion of Law Number 1 mention is accidentally made of an Accessory Use Permit, instead of a Preliminary Plat, and I apologize for that error. Meridian Planning and Zoning Commission Meeting June 19, 2003 Page 4 of 34 Borup: We need to make that correction in our motion, then. Centers: Which number? Wollen: It's Conclusion of Law Number 1. Borup: On Page 3. Wollen: Yes. Thank you. Zaremba: And if we are going to make modifications to it, I would comment on -- on the same page, Item 11 above that, applicant will need to get the owner's cooperation to annex and it's not clear who is the owner. We are talking about the owner of the out parcel. Wollen: Okay. Siddoway: Mr. Chairman, I would also just point out for the record that I have spoken with the applicant. They are aware of the process as it is going through. It was something new for us as staff that was discovered, so upon the discovery that the plat denies here -- or the plat dies here when it's denied. We have spoken with the applicant, they are aware of the findings for denial at the P&Z level, we have also instructed them to -- the same code as was mentioned allows for an appeal, so they need to file that appeal to have the plat considered by Council at the same time as the annexation and the CUP. That same ordinance that talks about the appeal and the appeals process in a separate section talks about the -- the appeal is not a hearing that we need to consider the appeal. If they find new information or think that it needs to be reconsidered, then, their process, rather than just overruling the Commission, is to remand it back to the Commission. Also to let you know, the property owner of Blooming Meadows and the property owner to the south, have had a meeting in our office and they are now working together to try and resolve some of those issues raised by the Commission and are working to do that. They may have -- well, I don't know what will happen at the Council level, but it could be remanded back to this body from them, if they feel that they are able to address the issues that were given as reasons far denial. Zaremba: Well -- and that's kind of the process that I personally was hoping would happen, that this wasn't the end of it, that they would get together with this other property owner and resolve the issues that we brought up. I guess this is the legal process that we have to go through, but my intention wasn't to kill it, but the intention was to get some things resolved, in which case the annexation and the CUP would also be acceptable to me. But -- okay. The question is do we approve these with these verbal changes or does -- does Nick need to take it back and bring back a clean copy? Wollen: Well -- and, Mr. Chairman, Members of the Commission, I believe that in this case that the Commission could vote to accept the conclusions -- the Findings and Conclusions based on the amendments that have been created tonight and, then, a Meridian Planning and Zoning Commission Meeting June 19, 20D3 Page 5 of 34 signature copy would be presented at some future time. I don't believe that the Commission would be forced to wait until the next hearing to accept the Findings and Conclusions, if they choose to. Borup: I think that's what we have done before back when we used to do Findings. If it were a minor change, we would go ahead and just amend it. If it something -- a major rewrite, which Ican't -- I don't think that happened hardly ever. Zaremba: I'm prepared to make such a motion. Borup: Okay. Zaremba: Mr. Chairman, I move that we approve the Findings of Facts and Conclusions of Law for Denial of PP 03-012, to include the following amendments. On Page 3, Paragraph 11 should read. The applicant will need to get the owners of the out parcel's cooperation to annex and will also submit proof that the lot split is legal. Same page, Conclusions of Law Number 1, the end of the paragraph should read Preliminary Plat, instead of Accessory Use Permit, and -- pause for a question. On Page 4, should we add a Number 7 that says one of the reasons is that it's not annexed at this paint? Wollen: And my only question, Commissioner Zaremba, was if you recall if that was one of the reasons that the maker of the motion had for denial of this Preliminary Plat. Zaremba: Having read the minutes of that meeting today, it was not stated in that manner. So, let's leave Number 7 off and conclude with Number 6. Is that what you're saying? Wollen: I believe that would be the best. Zaremba: Okay. Then, I'm finished with the motion. Borup: We have a motion. Centers: Second. Borup: And second. Roll call vote. Roll call: Zaremba, aye; Mathes, aye; Centers, aye; Rohm, aye. MOTION CARRIED: ALL AYES Item 4. Continued Public Hearing from June 5, 2003: PP 03-007 Request for Preliminary Plat approval of 36 building lots and 7 other lots on 11.65 acres in an R-4 zone for Clearbrook Estates Subdivision by R.K. Development, LLC -west of North Meridian Road and south of West Ustick Road: