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HomeMy WebLinkAboutOctober 21, 2004 P&Z Minutes Meridian Planning & Zoning October 21.2004 Page 150f46 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Public Hearing: lOA 04-002 Request to amend the text in the Landscape Ordinance (MCC 12-13-7-8) to include gravel/rock as acceptable mulch in commercial landscape areas for Wenco, Inc.: Borup: Okay. The next item is Public Hearing lOA -- I don't know if we've had one of those yet. Request to amend the text in the landscaping ordinance to include gravel and rock as an acceptable mulch -- I don't know if mulch is the right word, but decorative cover in commercial landscaping areas. So, we'd like to open this hearing and start with the staff report. Siddoway: Thank you, Mr. Chairman, Members of the Commission. This is a request to allow gravel, rock in planter beds that are in required landscape areas. Current ordinance does not allow rock as a mulch, it requires that you have an organic material, such bark, soil aid, or something of that nature. You should have a staff report from me, dated October 15th, and received by the clerk on the 18th, that goes through the -- a little bit of the history on this ordinance for you, some of the reasons why we thought that organic mulch was preferable in the original drafting of the ordinance, the language in the current ordinance, and, then, some of the reasons why interest has grown for a change to allow the use of rock. Briefly I would just point out that we did agree to support the use of rock. We did, however, come up with five specific comments that we thought were important. The first one being the coverage, that we did not want street buffers to be just rock, we want them to be planted, and we used the percentage of at least 70 percent covered with shrubs or a ground cover of some type that -- and, then, the rock would just be mulch in and around that -- those plants. Second, that certain types of rock should still be prohibited, such as pea gravel, drain rock, road base, other similar rock products that are not intended in a landscape setting. The third point is that all mulches should be contained by a curb or some form of edging that contains that rock. We know of existing situations in the city where the rock has been used and it constantly rolls onto sidewalks that are adjacent to it. It's a bigger problem where the area - where it's used in a berm. But the point being that mulches need to be contained by some form of curb or edging. Fourth is that underneath that rock there needs to be a weed barrier. Otherwise, you're constantly going to be fighting weeds growing up and through and so we would require a weed barrier -- one of the fabric weed barriers. The fifth is that one of the reasons why we did agree to allow it is we are interested in some water conservation measures for the city. Currently, the majority of street buffers we do get our lawn, which are nice, green, and beautiful, but require a lot of water and a lot of maintenance. We feel that they can be beautiful with shrubs or other vegetative ground covers with the use of a rock mulch in and around them. So, we did agree to support this request with those caveats. The recommendation on the third page of the report does recommend some language above and beyond what the applicant had requested and this would be our proposal. With that, I stand for any questions. Meridian Planning & Zoning October 21. 2004 Page 16of46 Borup: Questions from the Commission? Rohm: Just a comment. I think you did a real good job going through that and it certainly makes sense to add the rock as an acceptable ground cover. Sounds good to me. Borup: And you answered -- my initial concern was when it mentioned the word gravel and I think I had the same vision that you addressed and I think there are provisions in there to cover that real well, that we don't have gravel. Siddoway: Yeah. It just allows them -- Borup: Most people -- Siddoway: Rock products. Borup: -- would expect that term to mean. Zaremba: I think it's perfectly legitimate to add this as an additional option to somebody that wants to do it. I have two questions, though. On the weed barrier fabric, I have installed some of that in my own yard and on the packaging it said guaranteed to last six years or eight years or something like that. Should we have something in the ordinance that requires that to be replaced every so often or maintained or -- Siddoway: It would an enforcement nightmare, I would think. If we at least get it up -- Zaremba: Well, if you saw a lot of weeds and discovered it -- I mean they complied originally, but you lose the effect after maybe ten years. Siddoway: Yeah. And I don't know if the commercial grade weed barriers are longer lasting than the residential ones. Maybe the applicant has some comment on that. Zaremba: Okay. Borup: Okay. Zaremba: Then, the other question was if you're talking about landscape buffers or maybe even islands and streets, should we have some control on the height of shrubs, so that we are preserving the safety triangle? Siddoway: That is already built into the ordinance today. There is a restriction that nothing taller than three feet can be placed within a site triangle. Zaremba: Got it. Thank you. Meridian Planning & Zoning October 21,2004 Page 17 of 46 Borup: Okay. Is there anything else? We did have a specific applicant on this, even it would apply to all city ordinances. Is there anything else you'd like to add? Come on up. Nagy: My name is Dale Nagy and I'm the applicant. I live at 4977 North Hollow Lane in Boise. But I do own the Wendy's and the two-acre commercial parcel over there at Treasure Valley Business Center. We do agree with just about everything that staff has recommended and we do use a commercial grade weed barrier undemeath our rock and what happened on this situation is we were not aware and neither was the landscape architect, that the city had a bark -- wood bark only ordinance and we went ahead and put in a weed barrier with a -- it's colored river rock. It's about a two inch, plus or minus, and we have been using it in some of our stores and what I'd like to do is show you the product that we use. Siddoway: I can project that up for everyone to see if you'd like. Nagy: The first group of photos are from a store that we did in Eagle, Idaho, and it's just about exactly one year old right now and we put this particular product in that store. And it's very similar to what we have at Treasure Valley Business Center. That's just a shot from the street. It's not very clear now. If you will just keep moving. That's up close to the store and you can see it's kind of a multi-colored. We do have a weed barrier under it. It's a lighter color than most of the perma-bark, so it reflects the light, and we have put in plants that are heat resistant. They have just done extremely well and we have not lost one single plant at that store due to either heat or too much water. And it's usually one of the two that hurts it. But as you can see over that year period of time, the plants have grown up and the gravel -- well, the rock that we use there is -- covers that area quite well and it blends in very nicely with the grass buffer that we have. That is -- that is the same store that we have. And this is the last picture of that. The next pictures that you will see are from the Meridian store that we did at Treasure Valley Business Center. Zaremba: Would you hold on that picture for just a second? If I'm interpreting the way that we -- staff has suggested the new ordinance be changed, there would be a requirement for a decorative curbing in that area? Siddoway: Curbing or some kind of edging, so that it's not just grass, then, rock, but some kind of an edge. Nagy: Well, we can do that. That would not be a problem. We didn't do it at that particular instance and it hasn't caused any problem, but we would certainly be willing to do it. Zaremba: And I appreciate that and our consideration is we are changing the ordinance. This is for everybody else forever. Meridian Pianning & Zoning October 21. 2004 Page 180f46 Nagy: Sure. And I don't have a problem with that. I think it's probably a good idea. What we do have in this store, as well as the store at Treasure Valley Business Center, is a substantial grass buffer between the landscaping and any public street. So, there is no way for that rock to get over there by someone walking through it or kicking it or -- I mean they'd have to pick it up and throw it. It's not going to get there -- this is the -- the new store at Treasure Valley Business Center. Now, that does not look like a very big grass buffer, but, in fact, it's probably 30 feet. It's just bermed slightly. And those -- all those plants in there a year from now will probably be covering that 60 -- 60 percent and within two years probably about 80 percent will be covered. So, you won't really see it that much, it's just going to be an accent piece. That is an area between the two drive- thrus, between the Wendy's and the Starbucks, and if you will notice the dark material along the curb side on the right side and on the left side, that is mulch that we have in our beds that blows out and by using the rock material, we just don't have that problem. It contains itself very well. This is around the drive-thru. And, again, there is a large grass buffer on the other side. And we do not have a containment between the rock and the grass, but we can certainly do that. Borup: Any other questions from the Commissioners? Zaremba: Thank you. Borup: Yeah. It looks like you're having containment problems already on that one. I could see stuff going in the grass. Nagy: Okay. Borup: The others looked like they were doing better, but -- Nagy: Yeah. I was out there yesterday morning and walked the entire area and I didn't see gravel in the grass, but we can put a barrier between that -- between the rock and the grass, which would contain it. The biggest problem there would be just for the mowing machines. As I said before, we agree with the proposed ordinance changes. We would just like to be able to utilize the product that we have been using, because we feel that it's a good product and it lasts, it's very attractive, and while it's not perma-bark from a name standpoint, it is a good product that serves us very well. Borup: So, is it more of a crushed gravel? Nagy: No, it's not crushed, it's actually a small river rock -- Borup: Okay. Nagy: -- that is washed and -- so it is like round pebbles. Borup: Okay. Meridian Planning & Zoning October 21. 2004 Page1gof46 Nagy: And it's multi-colored, it -- I think it looks better than the perma-bark when -- over a period of time. Zaremba: Well, the way I'm reading this, what you have there would be acceptable under this new change. It says including rock products, such as perma-bark or similar products. I would interpret what you have as being at least of similar intent. Not the same color, but -- Nagy: Not the same color, but I mean you can get perma-bark in just about any color you want, but most of them are on the dark side. Borup: And that would fit in with -- Nagy: Yeah. Borup: Yeah. So, it sounds like it's in between the pea gravel and the two inch washed drain rock that would not be acceptable, so this would be somewhere between that. Nagy: Yes. Borup: And, then, the multi-color helps a lot, too. Nagy: It does. Borup: Okay. Thank you. Any other questions from the Commission? Nagy: Thank you. Borup: Do we have anyone else to testify on this application? Zaremba: Mr. Chairman, I move the hearing on ZOA 04-002 be closed. Rohm: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Mr. Chairman, I move that we forward to the City Council recommending approval of ZOA 04-002, to include all staff comments of their memo for the hearing date -- oh, it doesn't say that, but it's received by the city clerk October 18th, 2004. Rohm: Second. Borup: Motion and second. All in favor? Any opposed? Meridian Planning & Zoning October 21,2004 Page 20 of 46 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Public Hearing: AZ 04-027 Request for Annexation and Zoning of 4.5 acres from RUT to R-8 zone for Christian Family Matters, Inc. by Don Weber - east of South Linder Road and south of West Overland Road: Borup: All right. Thank you. Next item is Public Hearing AZ 04-027, a request for annexation and zoning of four and a half acres from RUT to R-8 zone for Christian Family Matters, Incorporated, by Don Weber. I'd like to open this hearing at this time and start with the staff report. Hawkins-Clark: Thank you, Chairman Borup, Members of the Commission. This application is for annexation and zoning, a parcel of land that's on the south side of Overland Road, just east of Stoddard Road. Meridian Road, State Highway 69, is further to the east. Westem Electronics -- Bodily RV is immediately across the street. Westem Electronics is about a quarter mile to the east. That property that you see in gray there on the north side of Overland is annexed, zoned light industrial. Bear Creek Subdivision is here on the east side of Stoddard. So, as you can see, this would be -- this is the first request for -- well, I'm sorry, actually, this property at the corner is the Idaho Power substation. The Hardin Lateral -- I believe the Hardin Drain does cut through here and that property on the north side was annexed and approved recently with future concept for commercial at the comer and, then, with the storage uses. So, that is the -- the nearest annexed piece on the south side of Overland Road to this. The property -- here is an aerial photo. It doesn't show it real well, but you can see there are a couple of structures on the property. There is a barn and a residence. The owner did go through Ada County and received approval for a Conditional Use Permit to operate a church in the current zone. That was approved. They converted the barn to a worship area and, then, they also have -- had approval to use an outdoor assembly area for -- as part of their Conditional Use Permit through Ada County. Here is a site plan that gives a little bit more detail. As you can see, they do have landscaping on the north along Overland Road, as well as along the driveway, which comes down their east boundary. The main thing that the staff report points out is that the internal landscaping does not comply with Meridian City Code. Don't know if it has rock mulch or not, but I guess we will find that out. But there is -- other than that, normally the City of Meridian, if they have gotten prior approvals through Ada County, upon annexation grandfathered in. Churches are allowed with a Conditional Use Permit in the R-8 zone. The R-8 is permitted or an allowable zone in the Comprehensive Plan designation of medium density residential, so that's -- that's why they are not requesting an L-O, which is what most of Meridian's churches are in, they requested a residential, because it is in a residential designation in the Comp Plan. The staff report does recommend that if the facility wants to expand or enlarge in the future, that they basically bring the site into compliance with Meridian city code. I'm filling in for Wendy who wrote this staff report and I didn't actually catch until tonight that it doesn't say that a development agreement is required and I guess I would be interested in the attorney's thoughts, if we need that or -- I mean normally a development agreement is just to add special circumstances or if you want to receive a commitment in writing for something that's fairly unique, there