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HomeMy WebLinkAboutMay 7, 2009 P&Z MinutesMeridian Planning and Zoning May 7, 2009 Page 2 of 23 B. Findings of Fact and Conclusions of Law for Approval: CUP 09-002 Request for Conditional Use Permit approval for adrive-thru establishment in a C-G zone within 300 feet of another drive-thru establishment for Idadiv Credit Union by ZGA Architects & Planners LTD - NWC of Meridian Road and Corporate Drive: Moe: Next item on the agenda is the Consent Agenda. On that we have got two items. Item No. 1 is the approved minutes of the April 16th, 2009, Planning and Zoning Commission meeting and the second item is the Findings of Facts and Conclusions of Law for approval of CUP 09-002. Any questions, comments, Commissioners? Newton-Huckabay: I have none. Moe: Okay. Could I get a motion to approve the Consent Agenda? Marshall: So moved. Newton-Huckabay: Second. Moe: It's been moved and seconded to approve the Consent Agenda. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Before I open our first public hearing tonight, good to see that we have got some folks in the audience tonight. Thank you very much for coming. Basically, I want to just kind of give you a rundown for the format that we go through here. I will open the public hearing. At that time the staff will give a brief overview of the hearing. After they are done, then, I will, then, ask the applicant to come forward. The applicant will have 15 minutes to, basically, explain their position on their project, whether they -- they are asking for additional help or whether or not they are in approval of everything. After the applicant is done there are sign-up sheets in the back for anyone that wants to come forward and speak on this hearing. You would get three minutes time at that time. Once everyone on the list has been taken care of I will, then, ask one more time if there is anyone else in the audience that would like to speak to this hearing and they, too, would also get three minutes. After that's all done I will, then, ask the applicant to come back up and, basically, answer any questions that may have been asked during the public hearings or rebut any other information that was talked about. So, after that time, then, the Commission, then, would vote and decide how to go from there. Item 4: Public Hearing: RZ 09-001 Request for Rezone of 7.65 acres consisting of 25 single-family residential lots and 2 common lots (Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10 and Lots 2-9, Block 1, Dove Meadows Subdivision No. 1; portions of Lots 11 & 12 and Lots 13- 24, Block 1, Dove Meadows Subdivision No. 2) from L-O to R-8 for Dove Meridian Planning and Zoning May 7, 2009 Page 3 of 23 Meadows by City of Meridian Planning Department -various properties in Dove Meadows Subdivision Nos. 1 and 2 zoned L-O: Moe: So, having said that, then, I would now like to open the public hearing on RZ 09- 001 for Dove Meadows, start with the staff report, please. Wafters: Thank you, Chairman, Commissioners. The first application is a rezone of 7.53 acres of land from L-O, limited office, to R-8, medium density residential. The property is located north of Fairview off of Hickory Way, midway between Locust Grove and Eagle Road. The properties consist of 25 single family residential lots and two common lots in Dove Meadows Subdivision No. 1 and 2. Surrounding uses are single family residential properties and a church, Capitol Christian. A future land use map designation for these properties is medium density residential, which is consistent with the proposed R-8 zoning. A little history on these properties. All of these lots have been developed with single family homes. The residential use of these properties was authorized under a previously approved planned development, which allowed residential uses in the L-O district. Because residential use of these properties lawfully existed prior to the effective date of the current UDC, 9/15 of '05, the use and structures are considered nonconforming per UDC 11-1B-1, as residential uses are prohibited in the L-O district. As such, the use is allowed to continue as long as the use remains lawful, is not expanded or extended subject to the provisions listed in UDC 11-1B-4. The nonconforming structures maybe be enlarged, repaired, or modified, provided that the additions or modifications to the structure conform to the requirement listed in UDC 11-16-5. The purpose of the amendment is to remove the nonconforming status of the properties and zone them the same as the rest of the lots in residential sub -- or, excuse me, Dove Meadows Subdivision, zoned R-8. No written testimony has been received on this application. Staff is recommending approval of the rezone with the conditions in the staff report. Staff will stand for any questions the Commissioners may have at this time. Moe: Thank you. Any questions of staff? Newton-Huckabay: I have none. Moe: Okay. None? I'm going to confuse everyone, because the city was not only the -- talking about it, they were the applicant for this as well. So, there will be no applicant coming forward now, but we do have a couple of folks that were signed up. First would be Carol Hall is it? Do you want to come forward? Okay. From the audience she's fine. Donald? And I assume from the audience he's fine as well, so -- all right. Well, that was easy enough. Well, at that point now, if there is anyone else in the audience that would like to speak to this hearing now, you're more than welcome to come forward. None of the scouts? All right. Well, I gave you a shot. So, Commissioners? Rohm: Mr. Chairman? Moe: Commissioner Rohm. Meridian Planning and Zoning May 7, 2009 Page 4 of 23 Rohm: I move that we close the public hearing on RZ 09-001. Marshall: Second. Moe: It's been moved and seconded to close the public hearing on RZ 09-001. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Mr. Rohm, you're doing so well. Rohm: Okay. Mr. Chairman? Moe: Yes. Rohm: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number RZ 09-001 as presented in the staff report for the hearing date of May 7th, 2009, with no modifications. Marshall: Second. Moe: It's been moved and seconded to approve RZ 09-001. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 5: Public Hearing: CUP 09-004 Request for Conditional Use Permit for a daycare center in an R-4 zoning district for Pitter Patter Club by Pitter Patter Club, LLC - 2371 N. Monaco Way: Moe: At this time I'd like to open the public hearing on CUP 09-004 for Pitter Patter Club and start with the staff report, please. Watters: Thank you, Chairman Moe, Members of the Commission. The next application before you is a Conditional Use Permit for a day care center for 12 to 20 children in an R-4 district. The property is located at 2371 North Monaco Way, half a mile north of Cherry Lane, a quarter mile west of Linder Road. The applicant has submitted a site plan showing the floor plan of the existing 1,040 square foot house. The fenced rear yard area, landscaping, and parking areas. Two off-street parking spaces are required to be provided, based on the square footage of the home. Two spaces are proposed in an enclosed garage and two spaces are proposed on a parking pad outside the garage, which complies with and exceeds UDC requirements. A six foot tall solid wood fence encloses the rear yard where the play area is proposed. The proposed hours of operation for the daycare center are 7:00 a.m. to 6:00 p.m., which may change depending on demand, but not later than 11:00 p.m. Monday through