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HomeMy WebLinkAboutMinutes B Meridian Planning & Zoning Commission September 16, 1996 Page 33 amending the development agreement. Let's do that whatever it takes to satisfies City's conditions. We really don't want to debate that issue. Johnson: I understand that, I want to debate the issue because I don't want to be doing things we don't need to be doing. That is why I am asking that question. Any other questions for the applicant. This is a public hearing, anyone from the public that would like to address the Commission at this time on this application? Anyone at all here for this? Any other questions then? At this time I will close the public hearing and I would appreciate it if you would leave that diagram with us. Shearer:. Mr. Chairman, I move that we have the attorney prepare findings of fact and conclusions of law on this project. MacCoy: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A RADIO ANTENNA TOWER BY WESTERN WIRELESS: Johnson: This application has been withdrawn FIVE MINUTE RECESS ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A THRIFT STORE AND FARMERS MARKET BY IDAHO YOUTH RANCH INC.: Johnson: I will now open the public hearing and invite the applicant or his representative to come forward and address the Commission. Is anyone present representing the Idaho Youth Ranch Inc.? Ms. Stiles? Stiles: Chairman Johnson and Comrr~issioners, due to the fact that the representative of the applicant is having some health problems, we stressed him out too bad. I think it is a very straight forward project, it is the Food Town existing grocery store. They have submitted their plan that they are showing adding the parking and some landscaping that hasn't existed at the site before. Ada County Highway District has placed some restrictions on in and out because they plan to still use the existing pumps as part of their program plus probably open to the public. The smaller 8 1/2 by 11 drawing you have is for Hills Meridian Planning & Zoning Commission September 16, 1996 Page 34 Farmers Market which is directly north of King Street adjacent to this parcel. Hills or Idaho Youth Ranch has agreed to our, conditions and has agreed to be responsible for the roadway improvements and landscaping improvements that are part of Hills Farmers Markets. If you have any questions I will try to answer them. MacCoy: Let me try to clarify something here, are you telling us that the tanks that are buried out there are not going to be torn out and are going to be used? Stiles: They are, they have been tested and I, we would request a letter from Health and Welfare or the appropriate agency to get that approval to leave them in place. Johnson: We are talking about continued use is what we are talking about because they have been used all along right? Stiles: Yes Johnson: So in order to be used, they have met compliance in the past. Are they all required to be tested? Stiles: Yes Oslund: Where is the farmers market? Stiles: The farmers market would be directly north of King Street where Osprey Boats is now. This is actually, Hills Farmers Market would actually occupy the southern half of that lot. Oslund: Okay so right now they are using the pump area for their market and that is not the plan? Stiles: No Shearer: They are going to use the parking lot (Inaudible) they are not going to use the. boat (inaudible) Stiles: They are going to erect a building there and hook it up to sewer and water and have their own parking. Oslund: They are going to use the parking lot for Hills? Stiles: Yes, the parking lot to the north that is shown on the 8 1/2 by 11. It would be across Meridian Planning & Zoning Commission September 16, 1996 Page 35 the street on this side. Ostund: Is there going to be enough parking for the use? Stiles: For the use they are proposing yes. MacCoy: What kind of signage are they planning on putting up here do you have any idea? Stiles: I don't know if they are intending to use the existing sign and somehow using that sign. One thing I was concerned about on the Hills Farmers Market was the proliferation of the A frame signs. I think we can talk to him, Mr. Hill, doesn't quite understand but I think we can let him know what our expectations are. Johnson: Well they would have to comply with our ordinances. Any other questions of Ms. Stiles at this point? Oslund: One more clarification, they are going to actually operate the gas station and a thrift store? Stiles: Yes Borup: At this point are they intending to move the existing building from Fairview over to here? Stiles: That was Mr. Hill's plan. Oslund: Hey wait, moving buildings, what is the deal? Stiles: He currently opc;rates in a building that is east of the Idaho Athletic Clul-~, it is in the County. It sits back up against the adjacent residential lots. He knows he is going to have to comply with the building code requirements but he believes that he can use that existing building and it will save him money. I think part of it is metal but the front portion is, I don't know what it is. Daunt will have to inspect the building and make sure that it is up to code before he get's an occupancy permit for that building. Oslund: So he is not going to use the Food Town building? Stiles: That is where the Idaho Youth Ranch will be. It is confusing because these are redly two separate pieces of property but the Idaho Youth Ranch agreed to let Doug Hill come in as part of their conditional use permit to save him some money. Do you have an • Meridian Planning & Zoning Commission September 16, 1996 Page 36 . 8 1 /2 by 11 sheet in your packet? Borup: That was my concern what the building was going to look like. (Inaudible) Stiles: Mr. Hill stated that it would cost him $6000 to move the building, he was going to move the building initially because he got a temporary permit from the City Council so he could use it temporarily. But even if they had to move it 2 feet from the position that he had it set he would have to pay another $6000 to move it onto a foundation later. He can't get a building permit until he gets a conditional use permit. Shearer: Are they going to landscape the parking on the farmers market part? Stiles: One of my comments was they should provide a 20 foot landscape strip on that parcel. It is not really possible on the Idaho Youth Ranch parcel because of maintaining the use of those tanks. But they would need to meet the tree requirements and landscaping requirement. Johnson: Okay Ms. Stiles in the past ten years we have had a lot of professional presentations this is not one of them. Stiles: Thank you Johnson: This is a public hearing, is there anyone else that would like to address the Commission on this application, anybody here for this? Any further questions or further discussion? There are a lot of things going on here, a lot more than meets the eye. So what is your pleasure? Shearer: I move that we have the attorney prepare findings of fact and conclusions of law on this project. MacCoy: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on item 11, application by Idaho Youth Ranch Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL PLAT FOR SUMMERFIELD SUBDIVISION N0. 4 SUBDIVISION BY MAX BOESIGER INC.: • • Meridian Planning & Zoning Commission October 8, 1996 Page 12 CO.: Johnson: Any discussion regarding the CESCO findings of fact and conclusions of law? Borup: I have none, I think they covered things pretty good, on the concerns before (inaudible) sewer and water and it sounded like there are a lot of conditions that need, a lot of things need to happen. I have nothing else. Shearer: Mr. Chairman, I move the Meridian Planning and Zoning hereby adopt and approve these findings of fact and conclusions. Borup: Second Johnson: Moved and seconded we approve these findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Absent, Johnson -Yea MOTION CARRIED: All Yea Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Specifically resolving the sufficient sewer and water service for all of the applicant's land included in this application. Borup: Second Johnson: Motion and second to pass the recomme; ~dation onto the City as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL US PERMIT FOR A THRIFT STORE AND FARMERS MARKET BY IDAHO YOUTH RANCH INC.: Johnson: Any comments gentlemen? Borup: Nothing specific on the findings and I think it probably can be handled, the same • Meridian Planning & Zoning Commission October 8, 1996 Page 13 concern that I had last time is there is no real design: I don't think as far as the structure for the fruit stand. But I don't know if that is something, is that something you normally handle under conditional use, but at what point I am too new to know. Johnson: I don't think we have any additional information other than they plan to move the building they have been using down there, is that correct, have you heard anything new? Borup: They have not submitted anything to the building department. Stiles: I don't believe they submitted any application for that building. We don't normally require building plans but as a part of a conditional use you could certainly put that condition that it be approved by Council. Shearer: You can go down and actually see the actual. Borup: That is part of my concern. Johnson: We can certainly insert that in the findings if you so wish as you make your motion. Borup: I think the findings, Johnson: I am sure they cover that as well. Borup: Yes it. does, it says that it would be designed and constructed harmonious in appearance with the general vicinity. I don't know if we can get any more specific than that. Johnson: Probably not. Do we have a motion on the findings? Borup: Mr. Chairman, I would move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Shearer: Second Johnson: Moved and seconded we adopt the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Absent, Johnson -Yea i ~ Meridian Planning & Zoning Commission September 16, 1996 Page 33 ' amending the development agreement. Let's do that whatever it takes to satisfies City's conditions. We really don't want to debate that issue. Johnson: I understand that, I want to debate the issue because I don't want to be doing things we don't need to be doing. That is why I am asking that question. Any other questions for the applicant. This is a public hearing, anyone from the public that would like to address the Commission at this time on this application? Anyone at all here for this? Any other questions then? At this time I will close the public hearing and I would appreciate it if you would leave that diagram with us. Shearer: Mr. Chairman, I move that we have the attorney prepare findings of fact and conclusions of law on this project. MacCoy: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A RADIO ANTENNA TOWER BY WESTERN WIRELESS: Johnson: This application has been withdrawn FIVE MINUTE RECESS ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A THRIFT STORE AND FARMERS MARKET BY IDAHO YOUTH RANCH INC.: Johnson: I will now open the public hearing and invite the applicant or his representative to come forward and address the Commission. Is anyone present representing the Idaho Youth Ranch Inc.? Ms. Stiles? Stiles: Chairman Johnson and Commissioners, due to the fact that the representative of the applicant is having some health problems, we stressed him out too bad. I think it is a very straight forward project, it is the Food Town existing grocery store. They have submitted their plan that they are showing adding the parking and some landscaping that hasn't existed at the site before. Ada County Highway District has placed some restrictions on in and out because they plan to still use the existing pumps as part of their program plus probably open to the public. The smaller 8 1/2 by 11 drawing you have is for Hills Meridian Planning & Zoning Commission September 16, 1996 Page 34 ' Farmers Market which is directly north of King Street adjacent to this parcel. Hills or Idaho Youth Ranch has agreed to our conditions and has agreed to be responsible for the roadway improvements and landscaping improvements that are part of Hills Farmers Markets. If you have any questions I will try to answer them. MacCoy: Let me try to clarify something here, are you telling us that the tanks that are buried out there are not going to be torn out and are going to be used? Stiles: They are, they have been tested and !, we would request a letter from Health and Welfare or the appropriate agency to get that approval to leave them in place. Johnson: We are talking about continued use is what we are talking about because they have been used all along right? Stiles: Yes Johnson: So in -order to be used, they have met compliance in the past. Are they all required to be tested? Stiles: Yes Oslund: Where is the farmers market? Stiles: The farmers market would be directly a~rth of King Street where Osprey Boats is now. This is actually, Hills Farmers Market would actually occupy the southern half of that lot. Oslund: Okay so right now they are using the pump area for their market and that is not the plan? Stiles: No Shearer: They are going to use the parking lot (Inaudible) ,they are not going to use the boat (inaudible) Stiles: They are going to erect a building there and hook it up to sewer and water and have their own parking. Oslund: They are going to use the parking lot for Hills? Stiles: Yes, the parking lot to the north that is shown on the 81/2 by 11. It would be across Meridian Planning & Zoning Commission September 16, 1996 Page 35 ' the street on this side. Oslund: Is there going to be enough parking for the use? Stiles: For the use they are proposing yes. LJ MacCoy: What kind of signage are they planning on putting up here do you have any idea? Stiles: I don't know if they are intending to use the existing sign and somehow using that sign. One thing I was concerned about on the Hills Farmers Market was the proliferation of the A frame signs. I think we can talk to him, Mr. Hill, doesn't quite understand but I think we can let him know what our expectations are. Johnson: Well they would have to comply with our ordinances. Any other questions of Ms. Stiles at this point? Oslund: One more clarification, they are going to actually operate the gas station and a thrift store? Stiles: Yes Borup: At this point are they intending to move the existing building from Fairview over to here? Stiles: That was Mr. Hill's plan. Oslund: Hey wait, moving buildings; what is the deal? Stiles: He currentl;~ operates in a building that is east of the Idaho Athletic ;lub, it is in the County. It sits back up against the adjacent residential lots.. He knows he is going to have to comply with the building code requirements but he believes that he can use that existing building and it will save him money. I think part of it is metal but the front portion is, I don't know what it is. Daunt will have to inspect the building and make sure that it is up to code before he get's an occupancy permit for that building. Oslund: So he is not going to use the Food Town building? Stiles: That is where the Idaho Youth Ranch will be. It is confusing because these are really two separate pieces of property but the Idaho Youth Ranch agreed to let Doug Hill come in as part of their conditional use permit to save him some money. Do you have an • Meridian Planning & Zoning Commission September 16, 1996 Page 36 " 8 1 /2 by 11 sheet in your packet? " Borup: That was my concern what the building was going to look like. (Inaudible) Stiles: Mr. Hill stated that it would cost him $6000 to move the building; he was going to move the building initially because he got a temporary permit from the City Council so he could use it temporarily. But even if they had to move it 2 feet from the position that he had it set he would have to pay another $6000 to move it onto a foundation later. He can't get a building permit until he gets a conditional use permit. Shearer: Are they going to landscape the parking on the farmers market part? Stiles: One of my comments was they should provide a 20 foot landscape strip on that parcel. It is not really possible on the Idaho Youth Ranch parcel because of maintaining the use of those tanks. But they would need to meet the tree requirements and landscaping requirement. Johnson: Okay Ms. Stiles in the past ten years we have had a lot of professional presentations this is not one of them. Stiles: Thank you Johnson: This is a public hearing, is there anyone else that would like to address the Commission on this application, anybody here for this? Any further questions or further discussion? There are a lot of things going on here, a lot more than meets the eye. So what is your pleasure? Shearer: I move that we have the attorney prepare findings of fact and conclusions of law on this project. MacCoy: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on item 11, application by Idaho Youth Ranch Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12:. PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL PLAT FOR SUMMERFIELD SUBDIVISION N0.4 SUBDIVISION BY MAX BOESIGER INC.: • ~ Meridian City Council October 15, 1996 Page 58 Crookston: As I said I am not going to be here on the 6th, I can do those before (inaudible). I think that we do have, because you are talking about the development agreement we are talking about some time. Rountree: Are we talking about redrafting the development agreement or just the findings and then entering into the development agreement. Crookston: The way I heard the motion it included changing everything. Morrow: The motion was to change the findings to reflect the issues that we are discussing here. Now the findings can state that we need to enter into a development agreement (inaudible). Crookston: I did not understand that. Morrow: My intent was to get the very first hurdle out of the way which was to clean up the findings of fact and conclusions to reflect all that we have discussed (inaudible). Corrie: Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: CONDITIONAL USE PERMIT REQUEST FOR A THRIFT STORE AND FARMERS MARKET BY IDAHO YOUTH RANCH INC.: Corrie: Is there a representative here? Beamguard: My name is Jeff Beamguard, I am with the Idaho Youth Ranch, Council and Mayor, the Idaho Youth Ranch is non-profit organization founded in 1954 in Rupert, Idaho. Approximately 12 years ago the thrift store ::oncept came about in Boise and since then there have been 14 thrift store locations, 13 in Idaho, 1 in Ontario, Oregon. The purchase of the Food Town grocery store was done about 2112 years ago and leased back to David Foods. They have since vacated September 1, at that time we took over. Didn't know exactly what the procedures were to get that building occupied and running. I personally have been involved in 11 other locations and did not know, did not have to go through the steps I've had to go through here. So there has been some stumbling and some help that I got from Planning and Zoning I have had to hire an architect and engineer all of which .has been done. I think now we are basically ready to proceed, I have got the signed engineered drainage plan for the parking lot which is one of the requirements that was presented by Planning and Zoning. The one change I need to make to the application is to remove Doug Hill and Farmers Market from the application. I talked to Doug on Mcnday, • Meridian City Council October 15, 1996 Page 59 he has completely withdrawn his desire to lease that piece of property on the corner of King and 1st adjacent to the thrift store property on the grounds that he does not have the money to do so. He has completely dismantled that building on Fairview in pieces that he was going to move over in one whole section, I saw on Tuesday it was in pieces and parts on a trailer. He just feels that it is just too much money. I don't think he really knew what he was getting into at the beginning. I think he thought he could just kind of set up a tent seasonally and shut down when the weather got cold and that is basically what he was doing on Fairview. That was not what the City Council Planning and Zoning had in mind for Doug. They wanted him to construct a building on a foundation with sewer, water hook ups and he was not prepared to do that. He was just intending on building just basically a fruit and vegetable stand without the need for electricity or water and sewer. We had tentatively made an agreement to go in jointly to save some money to let Doug save some money on his application in exchange he was going to let his customers use our restroom facilities if need be and hook into our power which is on that light post there on the sign post. I guess just use bottled water if need be. But anyway that is no longer an issue and that needs to be stricken from the application. So the project would be and I think that you have got it on your at least a very shrunk down version is on Ada County's picture of the site. I have a drawing of the site where it pictures the existing building with new sidewalk in accordance to Ada County Highway Department. And all of their conditions are being followed by Idaho Youth Ranch. The parking lot I have a signed approved copy of a drainage, French drain program for the parking lot that is going to be done just as soon as, actually it could be done right with the signed drainage plan. But there is enough parking, handicap parking on site that I proposed that we completely omit the property that was originally designated as the Farmers Market location. It would be on the northwest corner of King and First Street. Just completely leave that untouched. And thus doing all of the improvements to the southwest portion where the existing building is now. The one recommendation from Shari was that the landscaping was not going to fit into the scheme due to the gas pump arrangements which we are going to leave intact managed by United Oil out of Caldwell doing the CFN cardlock system. It would be managed completely by them and then we would just get 2.5 Cer~is per gallon. on every gallon pumped throw. the system. Basically we have no handling in that operation whatsoever. It is completely handled by them. The landscaping requirements although not on First Street would be handled down the southwest comer of the property parallel to the alley. Improvements also would be done to the alley, completely paved at our expense and that is right of way. But the landscaping would be on our property with the required amounts of trees, shrubs, irrigation, along the whole, it would be completely down the alley along the back chain link fence against those apartments and then along First Street up to the curb cut. There would be 37 parking spaces which is the exact number based on the amount of square footage inside the building for retail and for storage. Any questions? Bentley: Mr. Mayor, I have a couple. One do you know what the, if those gas tanks have Meridian City Council October 15, 1996 Page 60 been changed out or if there is a (inaudible) Beamguard: No they were installed in 1984, they are metal, we have instalCed cathodic protection which is an EPA law that has to be in place by 1999. We put that in now just because we are going to do the asphalting and we wanted it to be under ground. What that is, is a device that actually takes metal out of the ground. Not metal, it takes, it is an electronic that takes the deterioration away from the tank, away ftom the metal. They pump the fuel out of those tanks, tankology went down and sent a scope into the tank and took a picture of the tanks and I haven't got that report back. That report would be made available to you just as soon as I can get it. Bentley: The next question, if the Farmer Market is not going to be there what is going to happen with all of the equipment you have stored across the street? Beamguard: I talked to Doug about that equipment which was in the back of the property, back behind the store in the dirt, what he had planned on doing with that. I told him to move it because we were getting ready to do the parking lot. Well he just took it upon himself to move it across the street. I told him that needs to get out of there. He asked me if it would be okay if he left it there over the winter covered up and I said no that would be a complete eye sore especially for that neighbor that is next door an older gentleman that I have talked to is alceady concerned about it. So I have told him personally that stuff would be out of there. I just haven't been able to find Doug since Monday. Corrie: Jeff, is there only one entrance into that building? Beamguard: No, there, are several ,probably six. Morrow: Mr. Mayor, I have questions of Gary and Shari, comments? Stiles: I just had one comment tnat I have noticed since the application was submitted that there are some off premise signs affixed to the fence and the front of the building. Beamguard: That fence is going down (inaudible) Stiles: I think they have done quite a bit of work, it is looking pretty nice and then I think it will be a great improvement to that area. Bentley: Did you get all of the bicycles fixed? Beamguard: (Inaudible) • Meridian City Council October 15, 1996 Page 61 Smith: Mr. Mayor I had to leave the meeting for the short time, does the applicant have any problems with the comments that were provided to him by Public Works, were there any concerns. Morrow: Did you hear that the Hill portion his request was to drop that portion of it. Smith: That is what I understood, Shari mentioned that to me before I left. Beamguard: No, most of the questions and comments dealt basically with Doug, ,let me go through them again, you are talking about the Planning and Zoning Meeting on the 16th, your recommendations. Smith: The memorandum that was written dated September 12. Memorandum to the Mayor and Council and Planning and Zoning. Beamguard: Oh, the general comments? Smith: Yes, general comments and site specific comments. Beamguard: Absolutely not, all of that is going to be followed exactly. The parking lot was the main obstacle and that has been approved and picked up just today. Smith: Thank you, I don't have any other comments. Cowie: I guess I have a question of Counselor, do we need to redo this since some of the portions the Farmers market was taken out? Crookston: You could approve them and strike them. I would mention though that with regards to the Farmers Market, the City needs the request from Mr. Hill to withdraw his part of the application. We need to send a letter to him (inaudible) but we ~o need the written acknowledgement of the fact that he wants to be withdrawn. Morrow: Mr. Mayor, I would move that we approve the findings of fact and conclusions as prepared by P & Z with all references to the Hilts Farmers Market being stricken (inaudible) Rountree: Second Cowie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law as set forth by the Planning and Zoning with the exclusion of all references to Hills Food market, any further discussion? Roll call vote Meridian City Council October 15, 1996 Page 62 ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Decisions and recommendation? Morrow: Mr. Mayor, I would move that the City Council approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the amended findings of fact and conclusions and subject to a receipt of letter from Mr. Hill requesting to be withdrawn from the application. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley on the decision and recommendation as stated in the motion the amended findings and subject to a letter from Mr. Hill, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea (END OF TAPE) ITEM #15: RESOLUTION #164: PLANNING & ZONING COMMISSION MEETING TIME: Corrie: A RESOLUTION OF THE CITY COUNCIL CITY OF MERIDIAN ESTABLISHING THE MEETING LOCATION, TIME AND PLACE OF THE MERIDIAN PLANNING AND ZONING COMMISSION MEETINGS; AND PROVIDING AN EFFECTIVE DATE. Is there anybody from the public that wishes to have this resolution read in its entirety? Hearing none I will entertain a motion. Bentley: Mr. Mayor I move the City of Meridian adopt Resolution #1 F4. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma to approve of Resolution #164, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: DEPARTMENT REPORTS: Corrie: Gary Smith?