HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 10/02/1995 CITY OF d212WIT
PLANNING COMMISSION MINUTES
Jim White, Mayor
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Public Hearing
October 2, 1995
The continuation of the September 26 1995,meeting of the Kent Planning Commission was called
to order by Chair Kent Morrill at 7:00 PM on October 2, 1995 in Chambers West, Kent City Hall.
PLANNING COMMISSION MEMBERS PRESENT:
Kent Morrill, Chair
Russ Stringham, Vice Chair
Gwen Dahle
Connie Epperly
Janette Nuss
Robert Maclsaac
Mike Pattison
PLANNING COMMISSION MEMBERS ABSENT:
Kenneth Dozier, excused
Edward Heineman, Jr., excused
PLANNING STAFF MEMBERS PRESENT:
James P. Harris, Planning Director
Fred Satterstrom, Planning Manager
Kevin ONeill, Senior Planner
Brad Hazeltine, Planner
Linda Phillips, Planner
Teresa Beener, Administrative Secretary
APPROVAL OF SEPTEMBER 25 AND 26, 1995. MINUTES
Commissioner Pattison MOVED and Commissioner Dahle SECONDED to accept the minutes for
September 25 and 26 as written. Commissioner Nuss and Commissioner MacIsaac abstained.
MOTION CARRIED.
ADDED ITEMS
NONE.
COMMUNICATIONS
NONE.
220 4th AVE SO /KENT WASHINGTON 98032-5895/TELEPHONE (200859-3300/FAX#859-3334
Planning Commission Minutes
October 2, 1995
NOTICE OF UPCOMING MEETINGS
Planning Director, Jim Harris, announced the Meridian Annexation Open Houses scheduled for
Wednesday,November 15 at the Soos Creek Fire Station and Thursday,November 16, at Martin
Sortun Elementary from 7:00 p.m. to 9:00 p.m.
Commissioner Nuss announced that Mr. Chris Vance will be holding a meeting to discuss the
proposed amendments for the King County Comprehensive Plan The meeting will be held at the
Kentwood High School located at 25800 - 164th SE from 7:00 to 9:00 p.m. The public is
encouraged to attend.
MERIDIAN ANNEXATION COMPREHENSIVE PLAN AMENDMENT AND INITIAL
ZONING (Deliberations))#CPA-95-1 and#AZ-95-3 (Fred Satterstrom)
Mr. Fred Satterstrom, City of Kent Planning Manager, outlined the staff report. The report is
separated into two sections. Part one is an overview of general questions raised during public
testimony. The second part addresses the individual "mapping" issues one by one.
Mr. Satterstrom submitted eight letters to the Planning Commission for record. The letters were
received by the Planning Department after the close of the public hearings.
1. Meridian Meadows Wetlands- Petition
2. Frances Houston dated October 2.
3. Mr. Ed Katai received September 29
4. Mr. David Zen•dated September 29 referring to Zerr's Feed.
5. Daniel and Amy Walton received October 2.
6. Tom Sinkula regarding property at Kent Kangley and 124th Ave SE.
7. Kenneth Kirby dated September 5 and received September 28.
8. Cal and Betty Wilson dated September 27.
Most of these letters support the staff proposed Alternative 3. However,some of these letters do deal
with new issues. Mr. Satterstrom offered two suggestions before the Planning Commission on how
to deal with these "new"letters. The first alternative would be to continue the deliberations to a later
date to analyze the new issues. Secondly, these individuals will have two more opportunities for
these issues to go before the City Council in open public hearing. The Planning Department will
assure that these issues would be brought before the City Council.
Mr. Satterstrom reminded the public that the Planning Commission closed the public hearing. The
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Planning Commission will be analyzing the issues that came up during the public hearings,
deliberating on those issues, and attempting to make a recommendation to the City Council.
Commissioner Nuss strongly opposed continuing the deliberations and making a recommendation
without even considering the letters submitted by the public.
Staff Presentation
Ms.Linda Phillips,Planner,addressed the issue of animal regulations. The King County regulations
cover a broad range of animal uses and businesses throughout the county. These regulations are
complex. Kent's zoning regulations regarding animals are very basic. Kent's code says that if you
live on a lot that is 20,000 square foot or more,you may keep animals other than household pets.
There are,however,in the municipal codes, regulations that address animal nuisances,confinement
of animals,vicious animals,and animal diseases. These codes allow complaints to be heard. At this
point if there are problems with animals on a lot, the Planning Department hears the complaint,
investigates,researches, and follows-up the same as any other code enforcement complaint.
The City is not considering changing the animal regulations at this time. However, as growth
occurs, if there becomes a problem with compatibility between lots,there would likely be a review
of the current animal regulations and some changes would be made.
Commissioner MacIsaac questioned the grandfathering issue that was discussed at the previous
public hearing. Ms. Phillips reassured the Planning Commission that the City of Kent regulations
are not as stringent as King County regulations. Therefore, the question of grandfathering would
not arise. Keeping animals for a business use is not addressed in the City of Kent code and would
be grandfathered as a non-conforming use.
Chair Morrill questioned if Kent's animal regulations are more lenient than those of King County.
Ms. Phillips confirmed that Kent's animal regulations are more lenient than those of King County.
Commissioner Maclsaac questioned the City's involvement in neighbor complaints regarding
animals. Ms.Phillips informed the Planning Commission that the City would investigate complaints
from neighbors as regulated under the municipal codes.
Commissioner Nuss asked for further clarification of the municipal codes regarding odors especially
concerning dairy cows. Ms. Phillips explained that animal nuisance cases are judged on a case by
case basis and what is appropriate for the situation.
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Ms. Phillips discussed issues regarding nonconforming uses. The Lake Meridian Village would be
an illegal use under the current recommended zone. However, the Kent zoning code contains a
residential exception to nonconforming use status. The exception states "Legally established
residential uses located in any residential zoning district and in existence as of January 1, 1984,shall
not be deemed nonconforming in terms of density provisions and shall be a legal use." According
to this exception Lake Meridian Village is a legal use
Chair Morrill questioned the status of the other two Lake Meridian Condominiums. Ms. Phillips
explained to the Planning Commission that she did not have that information at this time but she
would find out if they would also fall under this exception clause.
Commissioner Stringham questioned if the City was planning to move the 1984 date forward to a
more recent date. Ms. Phillips informed the Planning Commission that the Planning Department
does not have a recommendation to change the date at this time.
Ms. Phillips continued to explain the significant difference between King County's and Kent's
nonconformance regulations. King County does allow nonconforming properties to be totally
restored if the restoration is done within one year. Kent has a provision that if the nonconforming
property is destroyed up to 50%of the value; it can not be restored except with special permission
from the Planning Director.
Commissioner Dahle asked for clarification regarding the time frame for restoration. Ms. Phillips
explained that the time limit is based on the date the permit is applied for and there is no time limit
for construction although the City would require reasonable progress.
Mr. Satterstrom discussed the issues relating to sensitive area development regulations. The zoning
code is set up to regulate the hazardous areas in the City, primarily the steep slope areas. The
Wetlands regulations are administered by the Water Quality Section of the Public Works
Department. The Wetland regulations of King County and Kent are very similar. The buffer areas
are similar in certain circumstances and the definition of wetlands is similar. The primary difference
between the County and the City regulations is the City uses the 1987 manual for wetland
identification where the county uses the 1989 manual. The Shoreline Management Program
regulates any development within 200 feet of a shoreline. Development within 200 feet of Lake
Meridian would be regulated by the Shoreline Management Act.
Commissioner MacIsaac asked if Clark Lake was included in the Shoreline Management Act. Mr.
Satterstrom clarified that Clark Lake is not regulated under the Shoreline Management act because
it is not 20 acres. The Shoreline Management act regulates natural bodies of water greater than 20
acres.
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Mapping Issues:
Map Site 1• Kent Kangley Commercial (Widener/Ormiston/HoustonBurpee/Wilson)
Issue• Should additional parcels be designated for commercial zoning in the area of Kent Kangely
Road and 154th Avenue SE?
Mr. Wilson and Mr. Widener requested the Planning Commission to consider zoning their property
community commercial. Neither property front on Kent Kangley. Therefore,the staff recommends
no change to the original proposed zoning.
Commissioner Pattison requested Mr. Satterstrom to point out the cemetery next to the properties
in question.
Commissioner Stringham asked about the two letters from Ms. Houston that were entered into
record. Mr. Harris clarified that Ms. Houston supports the staff proposed recommendation. As
indicated in Ms. Houston's letter, she would only like to be considered for the commercial zoning
if the properties surrounding her's are zoned commercial.
Commissioner Dahle asked if there would be a traffic problem with the cul-de-sac set up as a fire
truck turn around if we zoned the properties commercial. Mr. Satterstrom indicated that there would
be provisions for a turn around for a fire truck regardless of the zoning. Mr. Satterstrom indicated
the problem would be access to the properties. At present they are accessed from SE 275th Place.
Commissioner Stringham asked for what could the property owners do if they wanted commercial
zoning later. Mr. Satterstrom explained that the property owners could get together and present a
zoning request to the City based on the integration of the three or more parcels. The plan would
need to internalize the access off of Kent Kangley.
Man Site 2: 25840 135th Lane SE. Lake Meridian Cabins (Marie Lewis)
Issue• Request for zoning to allow ten dwelling units per acre with zero lot line options for site
planning.
Ms. Phillips explained that the City code does not contain provisions for ten dwellings per acre,
except in multi-family residential zones. The City policy is to avoid creating additional multi-family
zoned property,therefore, the staff recommends the original proposed zoning of R1-9.6.
Map Site#3• Shadv Park Grocery and Auto Repair at 27848 152nd Avenue SE (Spencer)
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Issue: Should this area be changed from single family residential to commercial?
Kevin O'Neill, Senior Planner, explained the staffs recommendation to stay with the original
proposed R1-72 density. The businesses could continue as a legal and nonconforming use.
Chair Morrill questioned if the businesses could continue if they burned down. Mr. O'Neill
explained that if the property was destroyed beyond 50%,the new use would have to convert to the
existing zoning. This is true of any legal nonconforming use under the City's current regulations.
Commissioner Stringham asked if this was also true of King County zoning. Mr. ONeill stated that
King County allows for reconstruction within 12 months of damage or destruction.
Commissioner Dahle verified from Mr. ONeill that if the property is destroyed more that 50%they
can not rebuild.
Man Site#4: 28040 152nd Avenue SE (Jones)
Issue: Should this area be changed from R1-12 to R1-7.2?
Staff is recommending the original proposal of Rl-12. The general zoning surrounding this property
is proposed for R1-7.2. Mr.ONeill explained the reasoning behind the staff recommendation is that
this area is still beyond the developed area. Mr. O'Neill did explain that this property could be
adequately served with water and sewer at a R1-7.2 density.
Commissioner Stringham clarified that if this property stayed with King County it would have
received zoning of six unit per acre (R1-7.2). Mr. O'Neill explained that King County staff has
proposed six units per acre for that property,however, it has not been approved by the King County
Council at this time.
Map Site 5: 26626 132nd Avenue SE(Pears n)
Issue: Should the zoning be changed from the staff recommended R1-7.2 to a zoning designation
which would allow a nursery as a princi�lly permitted use.
The only zoning that would accommodate the owners request would be either agriculture or
commercial zoning. The staff is again recommending the original proposal of RI-7.2. The nursery
would be able to continue as a legal nonconforming use.
Commissioner Stringham clarified the location of the property.
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Map Site#6: 12633 SE 270th Street(Conti)
Issue: Should this property be designated for office use. instead of single-family residential?
This is a large parcel currently zoned urban reserve. The proposed zoning in the staff report is Rl-
7.2. The owner has proposed an office zoning for the frontage of the property. The staff is
recommending the original proposal of R1-7.2.
Commissioner Maclsaac asked for clarification of use of some adjacent property. Mr. O'Neill
pointed out the residential uses now located between the Conti property and the proposed
commercial zone.
Map Site#7: Clark Lake (Lake. Mills-Goldberg. Grajewskil
Issue: Concern about the future of the prop=bought by King Cooty for the purpose of preserving
opens ace adjacent to Clark Lake,
Ms. Phillips explained that this property will be managed by the City of Kent. At this time the City
does not have any plans to acquire any more property there. The Kent Comprehensive Plan has a
strong recommendation for establishing linkages and increasing natural areas. The Kent
Comprehensive Plan does have goals and policies for protecting ecologically sensitive areas. The
Parks Department will be the managing department for this property. The Parks Department does
not have a specific plan in mind in now,but they believe it will be used similar to what King County
had planned(passive use -picnic tables, lake access, and trails).
Chair Morrill commented that the City of Kent's Park Department's is very good in taking into
consideration the wishes of the people in the area.
Man Site#8: 25261 124th Avenue SE(Kuehlthau)
Issue: Should the designation of the propea be revised to RI-7.2 from R1-9.6?
The staff recommends a change in the zoning boundary to incorporate his property in the R1-7.2
zoning.
Map Site 9• East Side of 116th Avenue SE/South of SE 240th Street(Richardson)
Issue: Request that approximately 1 4 acres be rezoned to MRM to allow senior housing_
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The owner of this property requests a consideration for MRM zoning to permit senior housing. The
staff pointed out at the previous public hearing that a retirement home is a conditional use in any
residential zoning districts in the City. A rezone to multifamily is not necessary.
Commissioner Stringham asked for a definition of retirement housing. Mr. Satterstrom explained
that as long as you were providing a living environment for senior residents it would be considered
senior housing. Commissioner Stringham interpreted the zoning code to include on-site care in order
to go in as a conditional use permit. Commissioner Stringham asked for a clarification of this. Mr.
Satterstrom stated that the staff would further clarify this issue.
Man Site 10: Property located in the southwest corner of annexation area(Pawlowski)
Issue: Recast to change proposed zoning to less dense single family residential zoning,
The owner requested zoning classification equivalent to that of the current King County zoning. The
staff recommended the original proposed zoning of R1-20.
Map Site 11: 24436 116th Avenue SE Bushevl
Issue: Should the zoning be changed from the staff recommended R1-7.2 to a zoning designation
which would allow commercial uses.
This property is located on I I6th Avenue SE,across the street from the City's East Hill Police/Fire
Training Center. The land use pattern in the area is predominately single family. The staff
recommends the properties to stay with the original zoning of R1-7.2.
Map Site 12: Multi-familyzoning for an undeveloped site near Lake Meridian Shopping Center
(Reid letter)
Issue: Request to retain existing Comly multi-family zoning on undeveloped parcels located north
and east of Lake Meridian Shopping Center,
Mr. Satterstrom explained there appears to be some developmental limitations on the property. The
access to the site is limited due to the narrow width of 129th Avenue SE. The resolution that was
passed by the City Council said to protect the single family area. The staff recommended the
originally proposed zoning of R1-5.0 and some community commercial zoning.
Commissioner Stringham asked what is the current King County zoning. Mr. Satterstrom informed
the Planning Commission that the current zoning is R24 which is equivalent to the MRM zoning.
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Commissioner Epperly addressed the Keary property that was not mentioned in the staff report. Mr.
Satterstrom clarified to the Planning Commission that the property owners that supported the staff
proposed alternative 3 were not addressed in the October 2 staff report.
Deliberations
Chair Morrill stated that he would like to make the letters submitted earlier by the staff a party of
record,however,not consider the letters as part of the deliberations. The letters would be sent to the
City Council with an explanation that they were received after the Planning Commission had closed
the public hearing.
Commissioner Nuss strongly opposed sending the letters forward. Commissioner Nuss felt the
letters were important to the Planning Commission's recommendation and the Planning Commission
should take the time to review these letters. Commissioner Nuss does not believe the Planning
Commission should pass the "buck." Commissioner Nuss urged the Planning Commission to wait
until after the letters can be considered before making a recommendation to the City Council so as
not to "inconvenience" the public.
Commissioner Pattison explained that the Planning Commission operate under clearly defined rules
and therefore, should stick to those rules and accept the letters as part of the record but not delay the
deliberations because of their tardiness in essence.
Commissioner Dahle reminded the Commission that there were individuals who requested to speak
tonight. Since the Commission closed the public hearing and won't allow the public to speak,
Commissioner Dahle does not believe the letters should be allowed or considered. Dahle agrees that
the letters should be a part the of record.
Commissioner Stringham pointed out that there are two more public hearings that will occur before
the City Council. The public will have those opportunities to make their wishes known.
Commissioner Stringham agreed that the process has to be cut off at some point.
Commissioner Nuss agrees that the process should be adhered to. Nuss does not think the hearing
should be continually reopened,however,the public was aware that the deliberations were tonight
and the letters were sent before this meeting. Commissioner Nuss believes that any letters received
up to this point should be taken into consideration. Nuss feels the Planning Commission should be
more caring and concerned with the people.
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Commissioner Dahle MOVED that the Planning Commission accept the eight letters that were
received after the public hearing was closed and made a part of public record. Since the Planning
Commission did not have time to take these letters into consideration, these letters should be
forwarded to the City Council to be reviewed by staff and a recommendation given to the council.
Commissioner Epperly SECONDED the motion. Commissioner MacIsaac AMENDED the motion
to specifically mention the Kenneth G. Kirby letter dated September 5, 1995. Commissioner Dahle
accepted the amendment. Motion CARRIED with Commissioner Nuss against the motion.
Commissioner MacIsaac questioned if staff considered the need for more commercial nodes.
Planning Director, James Harris, explained that this is not the opportunity to review a general
Comprehensive Plan.
Commissioner Nuss MOVED to approve the staff recommendation for no change on map site 1
(Widener/Ormiston/Houston/Burpee/Wilson) Kent Kangley commercial. Commissioner Pattison
SECONDED.
Commissioner Stringham pointed out that if King County had zoned the area commercial he would
of opposed the down zoning of these properties. Chair Morrill agrees with Commissioner
Stringham. Chair Morrill continued that if Wilson, Widener, and Ormiston went as one unit they
probably would not have any problems getting a zoning change. Commissioner Maclsaac pointed
out that because of the current access commercial does not make since, therefore, he feels that the
Planning Commission should consider Ms. Houston's wishes to remain single family zoning.
Motion CARRIED unanimously.
Commissioner Stringham MOVED to approve the staff recommendation for no change on map site
2,the Lake Meridian Cabins. Commissioner Epperly SECONDED the motion. Motion CARRIED
with Commissioner Maclsaac OPPOSED.
Commissioner Dahle MOVED to accept the staff recommendation for no change on map site 3,
Shady Park Grocery and Auto Repair. Commissioner Pattison SECONDED the motion.
Commissioner Stringham pointed out that this business has been in existence a long time and the
owner would lose the business in the event that it bums down. Commissioner Stringham questioned
the possibility of neighborhood community commercial. Commissioner Epperly mentioned that she
had the same question.
Senior Planner,Kevin ONeill,informed the Planning Commission that there is a possibility of NCC.
The Comprehensive Plan land use map would have to be changed to commercial in order to
accommodate the NCC zoning. The NCC designation would accommodate the grocery store,
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however, it would not accommodate the auto repair. Auto repair is not a permitted use in NCC
zoning designation. The auto repair would continue to be legal and nonconforming in NCC. The
only designation that would accommodate both the grocery store and the auto repair would be
general commercial.
Commissioner Stringham asked for clarification that under NCC zoning one of the businesses would
be legal and conforming and the other would still be legal and nonconforming. The owner would
be 50%better off with the NCC zoning. Mr. O Neill agreed.
Commissioner Dahle voiced her disapproval with the NCC zoning. Commissioner Stringham
emphasized the possibility of his business burning down and with the residential zoning the owner
could not rebuild. Commissioner Epperly voiced her concern with taking away a livelihood.
The motion to approve the staff recommendation FAILED. Vote: Yea - Commissioners Dahle,
Nuss, and Pattison. Nay- Commissioners Epperly, Morrill, Stringham, and MacIsaac.
Commissioner Stringham MOVED to designate the Shady Grocery parcel(MU site 3)NCC zoning.
The motion was SECONDED by Commissioner Epperly.
Mr. O Neill clarified that the motion would include making the Comprehensive Plan designation
commercial. Commissioner Stringham accepted the clarification.
The motion CARRIED. Vote: Yea- Commissioners Epperly, Morrill, Stringham, and MacIsaac.
Nay - Commissioners Dahle,Nuss, and Pattison.
Commissioner Pattison MOVED to accept the staff recommendation. Commissioner Stringham
SECONDED the motion for discussion purposes. Commissioner Stringham questioned the
reasonable expectation of the property owner to expect six units per acre. Commissioner MacIsaac
questioned the lower designation in the area of discussion.
Motion FAILED.
Commissioner Stringham MOVED to designate the Jones'parcel (map site 4) RI-7.2 on the zoning
map and SF6 on the Comprehensive Plan map as requested by the property owner. Motion was
SECONDED by Commissioner MacIsaac. Motion CARRIED. Commissioner Nuss abstained.
Commissioner Dahle MOVED to accept the staff recommendation to keep S176 and R1-7.2
designation for map site 5 (Pearson). Commissioner Nuss SECONDED the motion. Commissioner
Stringham questioned if this property is the area where citizens had expressed a concern for wetlands
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preservation. Mr. ONeill informed the Planning Commission that it is in the vicinity, however,the
property does not include the wetlands in question. Commissioner Stringham also questioned if RA
zoning accommodate nurseries as a primary use.
Mr. ONeill explained that although RA would make the nursery conforming, it would create less
opportunity in the future to develop the property. Commissioner MacIsaac discussed the issue of
zoning the nursery NCC.
Motion CARRIED. Commissioner Stringham OPPOSED the motion.
Commissioner Dahle MOVED to approve the staff recommendation to retain the single family
designation for the map site 6 (Conti). Commissioner Pattison SECONDED the motion.
Commissioner Nuss questioned the split between an office designation and the wetlands.
Commissioner Stringham commented that Mr. Conti's proposal for office zoning makes a lot of
sense. Mr. Conti offered to donate the wetland which would act as a buffer between the office
zoning that would be on Kent Kangley and the residential area behind it.
Motion FAILED unanimously.
Commissioner Russ Stringham MOVED on map site 6 (Conti) to adopt commercial for
Comprehensive Plan designation and professional office for the zoning designation along the entire
site as it fronts Kent Kangley Road. Commissioner Epperly SECONDED the motion.
Motion CARRIED. Vote: Yea-Commissioners Stringham,Epperly,Dahle,Morrill,and MacIsaac.
Nay- Commissioners Nuss and Pattison.
Commissioner MacIsaac MOVED to accept the staff recommendation to revise the zoning boundary
to include the Kuehlthau property. Commissioner Epperly SECONDED the motion. Motion
CARRIED.
Commissioner Dahle recommended that the City purchase the property surrounding Clark Lake
(map site 8).
Commissioner Nuss MOVED to accept staff recommendation of map site 9 (Richardson)to retain
R1-7.2 zoning. Commissioner Stringham SECONDED the motion. Commissioner Nuss
commented that the owner should have clarified the type of senior housing he was requesting zoning
for at the time of the public hearing. Motion CARRIED unanimously.
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Commissioner Dahle MOVED to retain the R1-20 zoning as originally proposed by the staff for map
site 10 (Pawlowski). The motion was SECONDED by Commissioner Epperly.
Motion CARRIED unanimously.
Commissioner Epperly MOVED to accept the staff recommendation for map site 11 (Bushey)to
keep the SF6 and R1-7.2 designations. Commissioner Pattison SECONDED the motion.
Commissioner Stringham questioned the staff whether there is a current business at this location.
Mr. ONeill informed the Planning Commission that in going out to the location there does not seem
to be a business at that location just residential.
Motion CARRIED unanimously.
Commissioner Pattison MOVED to accept the staff recommendation to retain the R1-5.0 zoning on
map site 12 (Reid letter). The motion was SECONDED by Commissioner Dahle f�).
Commissioner MacIsaac voiced his concern with down-sizing the property's density. Commissioner
Epperly asked for the approximate size of the property. Mr. Satterstrom informed the Planning
Commission that the parcels total about ten acres.
Motion CARRIED. Vote: Yea-Commissioners Dahle,Epperly,Nuss,Morrill,and Pattison. Nay-
Commissioners Stringham and MacIsaac.
Commissioner Nuss MOVED to accept the Comprehensive Plan and zoning Alternative 3 with the
changes to map site 1 through 12 as indicated above. Commissioner Stringham SECONDED the
motion.
Commissioner Nuss emphasized her&content for disregarding the letters presented to the Planning
Commission.
Motion CARRIED unanimously.
Commissioner Dahle MOVED to adjourn the hearing. Commissioner Epperly SECONDED the
motion. MOTION CARRIED. The public hearing adjourned at 8:35 p.m.
Respectfully Submitted,
s P. Harris
JWtb•cAPCMIN10.2
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