Loading...
HomeMy WebLinkAboutSept 19, 2002 Meridian Planning & Zoning September 1 g. 2002 Page 17 of 96 Zaremba: I move that we forward to the City Council recommending approval of Item 5 on our agenda, AZ 02-020, request annexation and zoning of 39.96 acres from RUT to R-4 zones for proposed Castlebrook Subdivision, 950 North Black Cat Road, to the include all staff comments of the staff memo of September 10th. Mathes: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Borup: Item No.6. Zaremba: Mr. Chairman, I move that we forward to the City Council recommending approval of Item 6 on our agenda, PP 02-016, request for preliminary plat approval of 120 building lots and 11 other lots on 39.96 acres in a proposed R-4 zone for proposed Castlebrook Subdivision, 950 North Black Cat Road, to the include all staff comments of the staff memo dated September 10th, with the following exceptions or conditions: Comments regarding the width of the road have been satisfied. Let's go to page eight, under site specific comment preliminary plat. We will add a paragraph 19 that says that approval is subject to the results of the sewer study. A paragraph 20 that requires the revision of the plat to show a 25 foot landscape buffer along Black Cat. An item 21, to require a sewer easement of 20 feet next to Block 2, Lot 7, and an item 22 -- Borup: I think that sewer needs to be on a separate lot also. Zaremba: Item 21 would be a common area lot, 20 feet by -- next to Block 2, Lot 7, for the purpose of sewer. And item 22, that the fence around the open area along residential properties shall be six feet tall, the first four feet to be opaque and the top two feet to be see-through, preferably lattice -- lattice. Am I missing anything? That's the motion. Mathes: Second. Borup: Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES. Item 7: Public Hearing: CUP 02-023 Request for a Conditional Use Permit to place a Class A manufactured home on a permanent foundation in an L-O zone for Treasure Valley Worship Center by Treasure Valley Worship Center - 50 West Spicewood Drive: Borup: The next item is Public Hearing CUP 02-023, Request for a Conditional Use Permit to place a Class A manufactured home on a permanent foundation in an L-O zone for Treasure Valley Worship Center by Treasure Valley Worship Center at 50 Meridian Planning & Zoning September 19, 2002 Page 18 of 96 West Spicewood 0 rive. We'd like to open the Public H earjng and start w jth the staff report. Hawkins-Clark: Thank you, Chairman Borup, Members of the Commission. The subject parcel is outlined here on the screen. It's on the west side of Meridian Road. The limited office, the purple lot here. The single family residential does abut both the north and the west of the parcel. The Music Shop is directly across the street. It is zoned commercial. Here are a couple of site photos of the lot. The arrow points out where they are proposing to add the manufactured home. It is proposed to be used as a classroom, as well as overflow for church services. The size of it is 28 feet by 40 feet. It's a double- wide manufactured home. It has already been converted for a similar use and they are proposing to place it there. Again, this fence that you're seeing here is along the north boundary of the property, so it is close to the north boundary. Here is a more detailed site plan. They have shown a future parking area. This is not a part of the approval of staff at this point. It's conceptual. The only aspect of the application that is being recommended tonight is just for the placement of the manufactured home, which, again, is at this location. Again, here is Meridian Road. We are looking west here. Staff has submitted a report that's dated August 21 st, 2002, by Bruce Freckleton and David McKinnon. We do ask that you include all recommended conditions. I think the only item to point out, we are asking that when they come in for a certificate of zoning compliance, that they reflect the new landscape ordinance in the street buffer along Meridian Road, that that be in conformance, so we would be looking for additional trees in that buffer. I think the other general comments and site specific requirements are pretty self-explanatory, so we are recommending approval of the application with conditions. Thank you. Borup: Thank you. Any questions from the Commission? Mathes: Where is your office on that thing? Is it across the street? Borup: Across the street. Mathes: Okay. Borup: Is the applicant-- Zaremba: I have two questions. Borup: I'm sorry. David. .Zaremba: Once again, being nitpicky as to page five, Comprehensive Plan analysis. You state the following sections and there are no following sections. But we have seen those in other reports and I think we are familiar with how this would come out. So I think that's fine. My other question is -- lose track of how long ago, either two weeks or a month ago, we had another church and the issue was they wanted to change their zoning, but as part of the requirements we stated to them that if they wanted to put a Meridian Planning & Zoning September 1 g, 2002 Page 19 of9S second building on their property, they either had to do it as a PUD or to actually do a lot split. This is a CUP and I'm just wondering why this is different or what happened __ are the two situations parallel or is it-- Borup: This is a temporary building. Go ahead. Hawkins-Clark: I believe it is to be placed on a permanent foundation. Borup: Oh, it is? What was the -- the staff had a comment that it was valid for 18 months. Zaremba: Well, the permit expires -- if they haven't built it in 18 months they have to reapply, but once it's there J think it's permanent. Hawkins-Clark: Commissioner Zaremba, your question of the application for a PUD or Planned Unit Development is the same application for the Conditional Use Permit. Zaremba: I think the issue was two buildings on the property. Hawkins-Clark: Two buildings, one property. Right. Yes. And the code uses the word principal building, so, you know, anything that's accessory to the main use, for example, outbuildings or storage or something, you know, would not be -- would not require a planned development. Zaremba: Okay. Hawkins-Clark: But in this case, the -- the name of the application is, I guess, in some ways a moot point. It would be the same process. The only difference, the church that I believe you're referring to was off of Overland Road south -- just south of the freeway between Overland and 1-84? Is that correct? Borup: It was on 8th. Hawkins-Clark: Oh. Okay. Zaremba: 8th north of Pine. They were changing from an R-4 zone to I think L-O. Well, if a CUP does it, then they don't need to do a lot split and that's fine with me. Hawkins-Clark: Correct. Yes. Borup: Did you have anything else? Zaremba: No. Meridian Planning & Zoning September 1 g, 2002 Page 20 of 96 Borup: Okay. Is the applicant here to make their presentation? I think the revised one with staff comments that was on the original setback plan showed 6.6 feet and then the new revised plan shows it a full it 20. Cruz: My name is David Cruz, I'm the assistant pastor at the Treasure Valley Worship Center and I reside at 181 North Liberty in Boise, Idaho, and I'm here to present this proposal to you, as it would be a great help to us. We were -- this building was given to the church and we are -- our youth and our children, we are just totally maxed out as far as space. This would be primarily a classroom. We are certainly willing to work with the Commission in any way that we need to to make this a compatible and neighborhood friendly situation for the City of Meridian and as well as our welfare, too. Zaremba: We are certainly happy to see a church that's growing and needing more space. You have read the staff comments and you have no problem with the landscape requirements and the 20 foot setback? Cruz: Right. Zaremba: And those -- okay. Borup: Okay. Any other questions? Thank you, sir. Do we have anyone else to comment on that application? Rountree: My name is Tyler Rountree. I reside at 99 West Chrisfield Drive. My property backs up almost to the corner of the existing church property. Just where the R is on Chrisfield. That's where I live right there. I think it was seven or -- six or seven years ago that the property the church is on currently was rezoned. Originally it was zoned R-4 as part of the subdivision. The church wanted to build the church there. It was rezoned so they could build their church there. So basically my question that I have is: Is the church under the same CC&Rs that the subdivision is and if it is, does the building that they propose to put on the subdivision, not only follow the CC&Rs, but also follow the design of what the architectural committee has already approved for the existing homes and the church that's already there. Borup: Are you saying that was originally part of the subdivision? Rountree: Correct. Borup: As was one lot or -- Rountree: No. That was actually two lots that only had access off of Spicewood, because -- because of the Comprehensive Plan at that time, there was no access that was to be gained off of Meridian Road. So when the church was going to purchase the property, the property was purchased on the agreement that it would be purchased if it could be that the zoning could be changed, so that they could put the church there. Meridian Planning & Zoning September 19, 2002 Page 21 of 9S Borup: Staff, maybe you wish to comment on that. I -- it surprises me that it was part of that subdivision. Zaremba: Well -- Borup: But the zoning has been changed. Zaremba: Well, the staff is looking at the legal details. They did comment in their comments that the new building, if it's approved, does need to be superficially decorated to the same appearance as the existing building, that they need to be painted with the same color and -- Rountree: Okay. Will it have to go through the architectural control committee, like the CC&Rs state, of the committee, that each and every dwelling that's placed on it will go through an architectural committee. Zaremba: That's not up to us. What staff is determining is whether it's legally still part of your subdivision. If it is, then that's probably true. Rountree: Okay. I have a couple of other concerns about that. When the church was built it also was required to uphold what the current landscaping requirements are, much like you're imposing on it now, to update its landscaping to what the current requirements a re, I took a couple of pictures today of the current I andscaping of the church and the way the landscaping has been maintained and I would like to give those to those of you who haven't seen it. I know that the Commissioner Borup has certainly seen his share, beings that his office is right across the street. So if you'd like to see those, I would like you to look at them, if you want to look at them. Borup: You can give them to the clerk. I think that was -- I mean that was part of the staff comments that the landscaping would need to be brought up to current landscaping code, which is a newly adopted landscaping ordinance. Rountree: Right. And I don't have a problem with that, J certainly understand that, but I think based on the church's track record of maintaining the landscape and bringing the landscape up to code, it leaves a little bit to be desired. I don't know that the church has been an overly good neighbor to the city. The other concern that I have is for this existing church there are 30 parking spaces currently. I know that the church -- I don't know if they own the lot to the south of Spicewood in the purple there on the corner there where the future parking lot was. At this point there is some pictures in there that were taken last Sunday that there is no place for them to park. Obviously, if they have outgrown their building, they have also outgrown their parking space and are beginning to park up and down in the street and there is also a picture of a car parked in the future parking lot that the overview picture depicted. I think that it would be a good time to spend some of that money to expand their parking lot and provide places for the people to park also, so -- Meridian Planning & Zoning September 1 g, 2002 Page 22 of 9S Borup: And you're talking about this area over here? Rountree: Right. I was a little confused when this came from the city. There is a temporary power pole that's been placed on that existing futuristic parking area. I don't know why. It just appeared. Borup: So you thought maybe there was some construction -- Rountree: I thought that that's where the building was going to is over on the other parcel of property, but apparently from what you have shown tonight that it's not. Based on that, I -- those are the only comments that I have got on that. Thank you. Borup: Any questions from Mr. Rountree? Rountree: Thank you. Borup: Thank you. Perkins: I'm Marvin Perkins. I live at 120 West Woodland Place, which is just over the fence from the -- on the west side from the property. My concern is that a modular type structure being put at the entrance to a subdivision that really did not meet the requirements of the subdivision, the planning -- the covenants of the subdivision, to begin with, first of all. And I do agree with Mr. Rountree, everything he said. Also, I think that it would be nice if they -- if they took care of the facilities and expanded the parking before they moved ahead with another building and if they do move ahead with another building, I'd like to see them build a building that is compliant with the structures around it and not a modular. Thank you. Ford: My name is Don Ford. I live on 121 West Chrisfield, next to Mr. Rountree, and my concerns are the same as his. The upkeep there left a lot to be desired for the last few years and also parking there seems like that even during the week, not just on Sunday, is why there is spill over from the parking and out into the streets and we have bad enough traffic there already. But I do agree with him on the other items. Gould: Maryann Gould, 106 West Chrisfield. It's a -- my property does not abut it, but I come around that or pass that church probably four times a day at least and I am concerned about the manufactured house, not -- I would prefer there would be a more solid permanent type building. In the past we have had camper shells, old beat up camp trailers, even with a satellite dish on them sitting out at the end of the parking lot in the grass area and it has made it look pretty junky at times. I'm glad for a church in the neighborhood, I don't have a problem with that, but I do have a problem with something coming in that wouldn't fit the rest of the housing development there. We are also getting a beautiful park and more and more traffic is going to come down that area, we have got several proposed, and in the process of new subdivisions down the road and I think putting in a modular -- allowing a modular home to be placed there now, somebody is going to come along later and want one down the street a little ways and it Meridian Planning & Zoning September 19, 2002 Page 23 of 9S will build into that and I think since we are building up the area into a family friendly, nice-looking subdivision area with the park, that I would prefer to see a more substantial building there than just a modular home, especially a used one. Thank you. Borup: Thank you. Do we have anyone is else? Okay. Would the applicant have any final comments? Zaremba: While he's arriving, I passed the pictures that were provided to us along to staff and I would question whether their signage is in compliance with the sign ordinance at this point. Is there any way to tell from the pictures? Hawkins-Clark: Commissioner Zaremba, the photos that have been submitted to the public record do not have a date, so I don't remember what Mr. Rountree -- when he said they were taken. Rountree: I believe last Sunday. Hawkins-Clark: Yes. So I -- the temporary signs do require some form of temporary sign permit. I did not check with our front desk people to see if one had been obtained. The sign does not meet the ability -- or the standards for a temporary sign. It appears that that's a regular sort of activity, but I would just recommend that the Commission place a condition, if it so desires, that ail signage prior to occupancy of the building on the site be in conformance with code. Cruz: Yes. As far as to the landscaping, we do apologize, because there is no excuse, it just happened. 0 ur sprinkler system is down most 0 f the year and wed id not really have the funds, but the system has been refurbished and we certainly understand the concerns. The modular home is two-by-six construction, it has house siding, it has a shingle roof, it has aluminum windows, it's fully compliant with the Planning and Zoning - - the ordinances of the City of Meridian. It's a fully compliant home. Thank you. Borup: So it is a pitched roof? Cruz: Yes. A pitched roof. Borup: And with masonite and siding on the side? Cruz: Yes. Borup: And you're prepared to paint it the same as the -- Cruz: Absolutely. Yes. Borup: Any comment on parking and being part of the subdivision? Have you got any information on that? Meridian Planning & Zoning September 19, 2002 Page 24 of 96 Cruz: We know there is a problem. We have moved - because of that we have gone to two services to help to alleviate that situation. When we were at one service we were really overflowing. We went to two services in hopes of cutting down that street traffic, the street parking, and that's what we have -- until such time when we are able to expand into the parking lot. Borup: So do you have -- do you know when your plans are for another parking lot? Cruz: Yes. When, did you say? Borup: Yes. Cruz: Funding. As soon as we get the funds. We are still just a small, growing church, and we don't have a lot of funds yet. Borup: That's what the city always says. Just need money. Are you familiar with eleven years ago when the lots were split off from the subdivision? Cruz: No, I'm not. Borup: Okay. Any other questions? Does staff have any comment on that? Freckleton: Mr. Chairman, Members of the Commission, I reviewed the file. The legal description that was submitted with the application as part of the deed of trust, it makes reference to a parcel one. It does not make reference to a lot and block. Borup: Isn't that also the case on those other parcels down the street that are fronting on Meridian Road? Are they similar type of -- Freckleton: The parcels that are south of Five Mile Creek, I know those -- they came back in on a separate subdivision, but they were not included as part of the original -- Borup: That's what I thought. Freckleton: I don't know for sure without looking at the subdivision -- the recorded subdivision plat for Meridian Manor, but this legal description does make reference to adjacent lot and block in Meridian Manor No.7, but it does not -- the way I would read this, I would say it's probably not part of the original subdivision, but I just wanted to make clear that even if it was part of the original subdivision, the City of Meridian does not enforce subdivision covenants, codes, and restrictions, so I would suggest maybe that Mr. Rountree maybe go back and review the subdivision plat, go back and read his covenants and see if there is mention in them of these two parcels up front and see what kind of rules there would be for those. Hawkins-Clark: No. Meridian Planning & Zoning September 1 g. 2002 Page 25 of 9S Borup: But if they were part of the subdivision, they wouldn't be referred to as a parcel, would they? Freckleton: No. It would be lot and block. Borup: It would have to be lot and block as part of the subdivision. Freckleton: Correct. Borup: Okay. I guess the answer there is we don't know for sure, but the information we have at this time it is not a part of the subdivision, especially with the parcel number, rather than a lot and block. Zaremba: Well, certainly if it was found that it was, this will have a second hearing in front of the City Council. Borup: Well, no, it shouldn't -- Zaremba: Well, it shouldn't be, but if, for some reason, you find out it is -- Borup: Oh. You mean as for as enforcing the covenant? Zaremba: Yes. Freckleton: No. Borup: Bruce just mentioned the city would have -- Zaremba: Well, the city wouldn't enforce them, but if you want to tell the City Council that it is part of your subdivision and therefore has -- Borup: Oh, that's what you wanted. I'm sorry. I misunderstood. Zaremba: Yes. Therefore -- Borup: There will be another -- Zaremba: Another hearing, at which time you could say we have discovered that it is part of our subdivision and we want to enforce our covenants, you will have that second opportunity to bring that proof or whatever it takes. Again, it is true that you would not be asking the city to enforce it. Mathes: And we can't enforce the landscaping, anyways? I mean putting it in, yes, but keeping it up, do we enforce that? Does the city enforce that? I mean -- Hawkins-Clark: The landscape ordinance does have an enforcement section. Meridian Planning & Zoning September 1 g, 2002 Page 26 of 9S Mathes: If they don't can the city fine them? Hawkins-Clark: It does need to be maintained. Correct. There needs to be underground sprinkling and it does need to be maintained in the manner in which it was intended is the wording. Borup: Okay. Thank you. Zaremba: Is it appropriate to close the Public Hearing? Borup: I think so. Zaremba: So moved. Mathes: Second. Borup: Motion and second. All in favor? MOTION CARRIED: ALL AYES. Zaremba: Mr. Chairman? Borup: Commissioner Zaremba. Zaremba: I move that we forward to the City Council recommending approval of Item 7 on our agenda, CUP 02-023, request for a Conditional Use Permit to place a Class A manufactured home on a permanent foundation in an L-O zone for Treasure Valley Worship Center, 50 West Spicewood Drive, to include all staff comments of the staff memo August 21st and, in addition to that, under site specific requirements of paragraph six, that says all signage shall be brought up to the current signage code. Mathes: Second. Borup: Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES. Item 8: Public Hearing: CUP 02-024 Request for a Conditional Use Permit proposing two buildings with drive-thru windows and two buildings on recorded lot in a C-C zone for Silverstone Corporate Center by The Sundance Company - southeast corner of East Overland Road and South Eagle Road: Borup: The next item is CUP 02-024, request for a Conditional Use Permit proposing two buildings with drive-thru windows and two buildings on a recorded lot in a C-C zone