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HomeMy WebLinkAboutDecember 5, 2002 Meridian Planning & Zoning December 5, 2002 Page 2 of 74 Zaremba: Mr. Chairman, I move we approved the minutes of the meeting of November 21st as amended. Mathes: Second. Rohm: I'll second that. Borup: Motion and second all in favor? Any opposed? MOTION CARRIED: ALL AYES Item 4. Tabled Public Hearing from November 21, 2002: CUP 02-033 Request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc. in an O-T zone for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: Borup: The first item on the agenda is a Tabled Public Hearing, tabled from our November 21st meeting, CUP 02-033, request for a Conditional Use Permit to open an retail shop for children's used clothing in an 0- T zone and we'd like to open this hearing and start with the staff report. Siddoway: T hank you, Mr. Chairman, Members of the Commission. J ustto refresh your memory, this was tabled from the November 21st meeting because of a problem with the noticing. The project has been noticed properly since then. We have a notarized statement from the applicant stating that it was posted on November 26th for this meeting so you should have a staff report dated November 14th for this project. It is for a used clothing store in the current Old Town zoning district. You can see on the wall screen a vicinity map with the subject property outlined in black. Here is an aerial photo of that same property showing you the character of the surrounding uses, basically residential in nature, and as with many places in Old Town, going through the conversion process ton onresidential uses. H ere are some existing site photos, 0 ne from the alley, one from the front and their site plan. Okay. The basic issue on this one -- if you go to Page 2 of the staff report, it is the parking situation. They are basically proposing two parking spaces, a handicapped parking space in the existing driveway and a staff parking space in the existing garage. There is no other, you know, parking provided 0 n the site, which i stechnically 0 ut of compliance with the City's Off-Street Parking Ordinance. There are some calculations provided there, but the gist is that they don't meet it. At the same time, we realize a couple of things. One, the city does own a parking lot that's available for public parking on the other side of Pine Street. Also, Pine Street does allow for 0 n street parking in front 0 f the business. A Iso, that putting a parking lot in the front of this building would be different than the character that we are trying to move towards in the Old Town District. We have a situation where the ordinance that would require that parking conflicts with some of our goals and the realities of that area. The solution to that would be a Variance application that Council would have to approve. We would suggest that if other issues are resolved tonight, that Meridian Planning & Zoning December 5, 2002 Page 3 of 74 the applicant simply submits a Variance application to accompany this Conditional Use Permit to the City Council. In that Variance, we would also have them address the landscaping issues. The only landscaping issue there is the -- if you read -- take the strict reading of the buffers between the land uses section of that Landscape Ordinance, a buffer would be required between this property and the adjacent properties that remain residential. In order to address that, we have just suggested that they include both the parking and the landscape buffers as a Variance request to the City Council. We have some fairly basic site requirements and our recommendation is for approval of this project if the Variance is applied for and granted by City Council. With that I'll stand for any questions. Borup: Questions from the Commission? Centers: Mr. Chairman. Steve, could you put the aerial back up and maybe show where the city parking lot is? Maybe that's better. Siddoway: Yes. It doesn't show up on the aerial, because it's across the street. Okay. This is the Generations Plaza and the Generations Plaza building sits here. Behind it is a parking lot for the building itself and then the city parking lot is right adjacent to it, either on this lot or that lot. I'm not sure which one, but one of those two lots contains the city's parking lot. Centers: Well, I guess it would be a City Council decision on the Variance, but is there any thought to the precedence given to these people using the city parking lot and then other adjacent businesses or owners wanting to use it, too? Siddoway: I think that we would support it, simply because our direction through the city and the downtown revitalization -- Meridian Development Corporation, is to, in the future, have the -- have that group provide structured parking for businesses, so that we can avoid having masses of on-street -- or not on-street, off-street parking lots through Old Town, to try and get more of an urban feel without continuous parking lots. Centers: Well, I was just wondering about the precedence that's being set. Anyway-- Siddoway: If it were anywhere other than Old Town, we would not be in favor of it. Zaremba: Steve, has any survey been done of how full that parking lot is now? Siddoway: No. One thing that needs to happen for Old Town as a whole is a parking study to determine, you know, throughout the area what parking lots are available, but that has not been done. Zaremba: Meridian Development Corporation probably would do that survey, I think. Siddoway: Yes. Meridian Planning & Zoning December 5. 2002 Page 4 of 74 Zaremba: Okay. Borup: Anything else? Is there anything the applicant would like to add? Any Commissioners have any questions for the applicant? Zaremba: Just to know if they are willing to apply for the Variances that are being asked for. Would you testify to that, please? Borup: State your name and address. Kretzschmar: Johann Kretzschmar, 9980 Rose Meadows Drive, Boise, Idaho. At this time, we are willing to apply for the Variance for the parking and the landscaping. We have already gone to Ada County with the alley situation, with the paving, and what not. Zaremba: How was that resolved? Kretzschmar: For the amount of traffic that the business is going to -- that they anticipate will bring, that they f eel that we w ill not have to pave a t this time. There wouldn't be enough traffic. Hopefully, the business will bring in some business, but at this point they feel that, again, we will not have to pave the alley. Zaremba: Congratulations. I don't know if you know how unusual it is for ACHD to change their mind. Kretzschmar: We are very luck. Feel fortunate there. Borup: Anything else? Centers: Yes, Mr. Chairman. Well -- and that was in the staff report from the ACHD. I think they indicated -- I forget the reason for the waiver. I had a couple questions. Did you read the site-specific requirements by the staff? Kretzschmar: Yes. Centers: And specifically regarding the landscaping for the property, which shall be continuously maintained? Kretzschmar: Yes. Centers: Okay. My main concern was the - all the exterior lighting and the neighbors. This is kind of common verbiage whether attached to the building or located within the parking lot, shall be down-shielded. Does the house have porch lights now and that type of thing or exterior lights? Kretzschmar: There are a couple exterior lights in the front right under where that tree is and then there is one in the back by the garage. Meridian Planning & Zoning December 5, 2002 Page 5 of 74 Centers: Do you intend to change them? Kretzschmar: No. What we intended to do was some low profile yard-type light going down the sidewalk, maybe a small light shining against the sign and which would be turned off when the business closed at night. Centers: Well, the other lights should be down-shielded. Kretzschmar: Yes. Centers: Okay. All right. Thank you. Kretzschmar: Anything else? Borup: Thank you. Kretzschmar: Thank you. Borup: Do we have anyone else to testify on this application? Seeing none, Commissioners? Centers: I guess I would move to close the Public Hearing, if we have no one else here. Zaremba: Second. Borup: Motion and second to close the Public Hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES Borup: Okay. We did not have anyone sign up on the sheet. Centers: Mr. Chairman, that was my main concern, if we had neighbors that were here, and I'm sure they were noticed and it wasn't properly noticed the first time, they were this time. There are no objections and staff recommends approval so I would support that. Moving right along, I would move that we recommend approval to the City Council for Item 4, which was the Tabled Public Hearing from November 21st. CUP 02-033, request for a CUP to open a retail shop for children's gently used clothing, toys, et cetera, in an O-T zone for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar -- and if I abused that last name, I apologize. Zaremba: Actually, the first name is Johann. Centers: Including all staff comments and, in particular, where the applicant has agreed to apply for a Variance prior to City Council, for the landscaping and the parking. Zaremba: Second. Meridian Planning & Zoning December 5, 2002 Page 6 of 74 Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES Item 5. Public Hearing: MI 02-009 Request for a djustment of a rea of impact between the cities of Meridian and Boise in an RUT zone for Winston Moore by Winston Moore - northwest corner 0 f North Eagle Road and East Ustick Road: Borup: The next item is Public Hearing MI 02-009, a request for adjustment of the area of impact between the cities of Meridian and Boise in an RUT zone for Winston Moore, located at the northwest corner of North Eagle Road and East Ustick Road. I'd like to open this Public Hearing at this time and, again, start with the staff report. Siddoway: Thank you, Mr. Chairman, Members of the Commission. The subject property is along Eagle Road north of Ustick outlined in black there. That parcel is currently in the Boise area of impact. This miscellaneous application is to modify our area of impact to allow this parcel to come into the City of Meridian's area of impact. I guess that's the only slide I have. You should have a letter from Tye A. Ketlinski. I was told he's in the audience tonight and I'm going to allow him to address the issues in his letter. I would simply point 0 ut you do not have a staff report 0 n this one, if you're searching for it. This issue has been before the Meridian City Council, as well as the City of Boise's City Council, and has basically received approval -- tentative approval from each body. Specifically, they went before the City of Boise in February of 2001, just under two years ago now. It was presented to them. We do have a letter from Mayor Coles on Boise letterhead basically stating that they have reviewed the request and are in agreement with it. At that time, the city was unwilling to provide -- the City of Meridian was unwilling to provide a will-serve letter. As of September of this year, there was a letter dated September 9th from Mayor Corrie of the City of Meridian stating that we will agree to serve that property with city services. Basically, both cities are in agreement at this point with this -- with the inclusion of this parcel into Meridian area of impact and staff recommends approval of the application. I will stand for any questions. Centers: Mr. Chairman. Steve, basically, what we are saying is that we will serve it with services, if and when we can annex it and it becomes contiguous to another city property? Siddoway: That is correct. I'm going to let Bruce address that one. Freckleton: Commissioner Centers, Members of the Commission, the City of Meridian is in the process of constructing the South Slough Sewer Trunk. That trunk line will be bringing sewer out onto Ustick Road and right across the frontage of Mr. Moore's property. He owns this property as well. Our sewer and water -- we have water down Ustick Road already. Sewer will be going right in front and so services will be able to be provided from Ustick Road. As far as the boundary lines -- the existing boundary lines, Summerfield Subdivision is in this area right here. There is a proposed development