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HomeMy WebLinkAboutMinutesMERIDIAN PLANP~ AND ZONING FEBRUARY 9, 1999 PAGE 40 Borup: Mr. Chairman for clarification for the members of the audience that's at the middle school on McMillan, not different middle school? Donnell: Meridian Middle School, Cherry Lane at 7:00, we will have an arrow going to wherever place they give us in... ITEM N0.4: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR ADRIVE-THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORT BY BRUCE A. BENOIT D/B/A BARISTAS ESPRESSO -1375 E. FAIRVIEW: Stiles: Chairman MacCoy, commissioners, this is for an espresso kiosk located at the Intermountain Outdoor Sports building. The site plan does not indicate all the uses that are currently on the site as you may be aware. There is an emissions van that is located on, near the easterly entrance to the facility. As this is all one parcel of ground, I would like to make as a condition of any approval and that this condition be tied to both the emissions van and the espresso kiosk that the prohibited signs that are currently on the site be removed before any certificate of compliance is issued and prior to any occupancy of the facility. Borup: Mr. Chairman, just a clarification on that, are you saying that the emission signs need to be removed before-you are suggesting that the emission signs be removed before this project is approved? Stiles: Yes. Borup: Does the owner of the property I assume have the ability to do that? Stiles: I would hope so. Borup: Me too: MacCoy: I would think they do. Bruce do you have anything? Freckleton: Chairman MacCoy, members of the commission, there was just one item that I wanted to touch on, that was item no. 1 in our comments. In the application, it is stated that the unit would be self-contained. There will be no hookups to sewer and water. They have, I believe a 50 gallon reservoir for fresh water, and a 50 gallon reservoir for gray water. I had just requested in my comments that we would like to get some information as to how they propose bringing that fresh water in and taking that wastewater away. Also, it was really hard to read the reduced copies of the plumbing, our plumbing official requested that they have a larger scale schematic of the plumbing. He's just concerned with the backflow protection. That was all I wanted... MERIDIAN PLANNIt~ AND ZONING FEBRUARY 9, 1999 PAGE 41 MacCoy: Okay, thank you. Opening up the hearing, will the applicant come forward please? BRUCE BENOIT, 802 BACON DRIVE, BOISE, ID. Benoit: This is an 8 X 8, 64 square foot pre-constructed tubular steel building that is just brought into the lot, set down. As was mentioned, it doesn't require any sewer hookups, any water hookups, I do have a plan, a system for taking- bringing fresh water in, hauling away the gray water, which is simply mainly water with coffee in it and a little bit of soap suds. It all goes to sanitary sewer system, I haul it away myself or one of my employees in apre-approved truck with a freshwater tank in one side and gray water on the other. They can't be co- mingled, it's all approved by the health department. We have one in operation in Boise now, so they have seen it all. I have a description and a photo of that system. I also have some larger plans available to. MacCoy: Any questions from the commissioners? Borup: I think that answered the questions, you are saying there is a pump system to pump the water from the holding tanks to the truck holding tanks? Benoit: Correct. Borup: Then you have some full scale plans for the plumbing department? Benoit: Yes I do. MacCoy: Any other questions for commissioners? Thank you. Anyone here who wants to speak in support of this item? All right seeing none, is there anyone here who would like to speak on the other side of the fence? Seeing none, I'm going to bring it back to the commissioners then. Borup: Mr. Chairman, I move we close the public hearing. De Weerd: Second. MacCoy: Discussion? Rossman: Need a vote. MacCoy: All in favor? MOTION CARRIED: All ayes. MERIDIAN PLANNI~ AND ZONING FEBRUARY 9, 1999 PAGE 42 Borup: We didn't address the sign issue with the applicant, but we can make that a condition and leave it up to him and his landlord. De Weerd: This is isn't his sign that we are worrying about right? Do we not have an enforcement officer who can go out and... Stiles: It's a long story. MacCoy: You don't want to get involved in that. De Weerd: Sorry I've been really good at these loaded questions apparently. Borup: So you are saying this is the best means to take care of a problem that hasn't been solved through normal. MacCoy: It just underscores something that we've been trying to get done. Borup: We are kind of putting the applicant in a little bit of a bad situation for him to straighten out someone else's problem. MacCoy: It's going to end up right to the owner anyway, because he has allowed it to happen. Borup: I'm assuming the owner would like to rent the space to the kiosk anyway. De Weerd: Do you have something to add Shari? Stiles: We can't issue a certificate of zoning compliance for something that is not in compliance and that would include the entire site. De Weerd: Okay, well that clarifies that. Borup: So we are looking at three conditions and two of the conditions have been met. The staff comfortable with the plans and the removal of the wastewater at this point or do you like to reserve to review that? Freckleton: Commissioner Borup I would like to put that plan in front of the plumbing official, but I did speak with the Central District Health Department and they told me that this use has been reviewed and it is an approved use, so I think that the question comes more to just satisfy the-our plumbing official as to the backflow prevention and that sort of thing. I really don't have any problem with it, I would just like to see that plan. De Weerd: So are you going to attempt this or shall I? MERIDIAN PLANNII!~' AND ZONING FEBRUARY 9, 1999 PAGE 43 Borup: Mr. Chairman, I would like to make a motion that we approve this conditional use permit for adrive-thru kiosk with-subject to review of the plumbing officials on plumbing system and also subject to the correction removal of non-complying signs on the subject property. So that include it, anything else that should be added? MacCoy: I think you covered it. De Weerd: It's been seconded. MacCoy: It's been seconded. All in favor? MOTION CARRIED: All ayes. ITEM NO. 5: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY ROBIN WALKER D/BA/ JUKEBOX PARTY EXPRESS-821 E. WILLOWBROOK: MacCoy: Staff? Stiles: Chairman MacCoy, commissioners, this application was submitted primarily due to a continuing enforcement problem that we've had. There have been complaints I would say probably for at least two years about this operation. The applicant has-the city has litigated this applicant, they are-he did plead guilty, is up for sentencing I believe next week. The use did not meet any of the criteria for an accessory use for a home occupation, and without knowing really where this use would fit in, the closest we could come would be an outdoor storage facility, but I'm sure there are people here to testify tonight what kind of conditions have existed out there. Staff does not support approval of this conditional use permit, it's not appropriate for a residential subdivision and believe that the applicant should move his location to a commercial area where it would not be disruptive to the entire neighborhood. MacCoy: Bruce, do you have anything? We will open up the public hearing, will the applicant please come forward? ROBIN WALKER, 821 E WILLOWBROOK, MERIDIAN, ID. Walker: We have lived at this property for some time, we were renting the property, we wasn't aware that a conditional use permit was required. We were asked by enforcement to move one of the trailers up to-up close to the house that it was out sitting too far too close to the street which we did. The property was still under ownership of someone else and as of November, December of this last year, we were probably notified probably in August that we needed to get • HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (tog) s8~-2z 1 I GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 MEMORANDUM: February 5, 1999 ~EcE~~ To: Planning & Zoning Commission/Mayor & Council E ~ - ~ 199~~ From: Bruce Freckleton, Assistant to City Engineer CITY OF MERIDIAN Re: REQUEST FOR CONDITIONAL USE PERMIT for adrive-thru kiosk in the parking lot of Intermountain Outdoor Sports by Bruce A. Benoit D/B/A Baristas Espresso I have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. In the narrative submitted with the application, it states that this business will be "fully self-contained, requiring only electrical hook-ups and telephone." And that there will be "no hook-ups to sewer or water." Please provide information as to the plan for delivering water and carrying away the wastewater, and submit to the building Department a larger scale of the plumbing plan. 2. Zoning Certificate and Certificate of Occupancy are required prior to operation. 3. The use shall not adversely impact surrounding properties due to traffic and other activities. 4. No signage has been proposed, and none is approved with this application. 5. Violation of any of the above conditions shall be cause to revoke a zoning certificate. The Conditional Use Permit shall be subject to review upon notice to the applicant. Baristas.CUP.doc • Meridian City Council March 2, 1999 Page 10 Corrie: Shari, any comments? Stiles: Mr. Mayor and Council this was tabled last time because the applicant hadn't had an opportunity to review our comments and respond, which they have now done and also it was the issue of vacation of right of way and that's being handled through Ada County Highway District through an exchange in lieu of a vacation. He's addressed all of our concerns. Corrie: Mr. Gigray, I haven't forgot you. I just made you second this time. Gigray: Mr. Mayor and members of the Council, in this instance we haven't gotten to - in the final plat we would just prepare the order based on whatever action the City Council would take and the only matter I would think you may want to clarify with the staff is whether or not there are any changes or additions or deletions of their recommendations submitted to the City Council for plat approval of I believe it's their letter of February 24, 1999. Corrie: Ms. Stiles. Stiles: I have no additions. Corrie: I'll entertain a motion for the final plat of Whitestone Estates No. 3. Rountree: Mr. Mayor I move that we approve the final plat for Whitestone Estates No. 3 Subdivision with including the conditions of staff. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the final plat with conditions of staff. Any further comment? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 8. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE-THRU KIOSK IN THE PARKING LOT OF INTERMOUNTAIN OUTDOOR SPORTS BY BRUCE A. BENOIT D/B/A BARISTAS ESPRESSO - 1375 E. FAIRVIEW: Corrie: At this time I will open the public hearing and invite comments from staff. Stiles: Mr. Mayor and Council, this was not really required to have an additional public hearing, but since it's been noticed I guess we would go ahead with the public hearing. • • Meridian City Council March 2, 1999 Page 11 It's for an espresso kiosk in front of the Intermountain Outdoor Sports building. As far as the recommendation on page 3, item 1.4 I would add to beginning except for signage as shown on building, no signage is approved with this application, and also under 1.6 to strike that as our code enforcement officer has been hopefully successful in getting the emissions van to take down their illegal sign. So we'll just keep working with them and make sure that they all comply with the sign ordinance. Smith: Mr. Mayor and Council, I just have one question that I would like the applicant to address if they're here this evening. The matter of the water that is supplied to the fresh water tank within the small building and the gray water I believe it's referred to that's withdrawn from the holding tank, I'm curious as to where the water comes from and where the water goes after it's removed. Corrie: Any other staff comments? This is a public hearing I'll invite the representative first. BRUCE BENOIT Benoit: I'm Bruce Benoit. I'm the owner of the establishment and to answer your question the water comes from approve city sources. We currently have one in Boise. It comes from the United Water and probably would be the same source for here since we have the same delivery system for all of them and the gray water is hauled to approved sewer dumps. It doesn't go to parking lots. It doesn't go to storm drains. It goes into sanitary sewers and it's hauled away in a storage system that we have, pumps it out the tank and disposed of properly. Corrie: Did that answer your question, Mr. Smith? Smith: Yes, Mr. Mayor. Those would both be city systems then. The water from the city system, the sewer to a city dump? Benoit: Yes, correct. Some of them like for instance one of the places actually goes to a -we're dumping it into a car wash drain that's a car wash sump that's part of the city sewer system. It doesn't go to the storm drain system at all. Corrie: Do you need some clarification of what he's talking about or anything? Smith: No, I just -there was a question about sewer assessments and water assessments and I was just curious as to where these were coming from and where they were going. Bird: Mr. Mayor I got a question for the applicant. Have you looked at the recommendations from the Planning and Zoning Commission and agree with those? • • Meridian City Council March 2, 1999 Page 12 Benoit: Yes. Bird: Okay. Corrie: Thank you. Any further questions? Hearing none, anyone else wish to issue testimony in this hearing? Okay. The Council have other questions or discussion at this time? Rountree: I have none. Bird: I have none. Corrie: Okay I'll entertain a motion to close the public hearing. Rountree: I move that we close the public hearing on the conditional use permit for the kiosk in the parking lot of Intermountain Outdoor Sports. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to close the public hearing on item number eight. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? Hearing none, I'll entertain a motion on the request for conditional use permit item number eight. Rountree: Mr. Mayor I move that we approve the conditional use permit request for the kiosk with the appropriate changes made on page 3 of the recommendations from Planning and Zoning Commission that would allow signage on the building as shown and that -that's the only change in the recommendation. Bird: (Inaudible) Bentley: 1.6 needs to be stricken. Bird: Yeah. Rountree: She may want to remove it, but I'm not going to. Meridian City Council March 2, 1999 Page 13 Bird: I'm not either. I'm not voting for it. Don't we have to have Findings of Fact and Conclusions of Law and Decision and Order on this? Isn't that part of the -wouldn't that be part of your motion Charlie? Rountree: Mr. Mayor I will withdraw my motion. Mr. Mayor clarification with the Counsel. Did Planning and Zoning grant the conditional use permit? Gigray: Mr. Mayor and members of the Council, if it's agreeable with Councilman Rountree that I respond to that question. They have prepared recommendations because the final authority under your ordinance for conditional use permits lies with the City Council, so that's why it comes to you in the form of a recommendation rather than Findings of Fact because it's a conditional use permit and it comes under the quasi judicial matters under the land use planning act we have to prepare Findings of Fact and Conclusions of Law and Decision and Order in accordance with your directive this evening which we would bring back to you at the next Council meeting for your consideration and adoption. But the recommendations provide you with some of the conditions that you might direct that I include in those findings. Rountree: Thank you. Mr. Mayor I move that we have legal counsel prepare Findings of Fact and Conclusions of Law including the recommendations as conditions in that finding with the modification of the item on page 3 as it relates to signage and that we indicate an affirmative in the Findings of Facts as far as acceptance of the conditional use permit. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird, discussion? Bentley: I have a question. On your reference to the changes made on page 3, are we going to include the second change or not? Rountree: I'm not. I'm just as it relates to the signage on the building. Bentley: Okay, thank you. Corrie: Any further discussion? All in favor of the motion as stated with the change in 1.4 adding the word on the building after the no signage has been proposed on the building. Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 9. WATER /SEWER /TRASH DELINQUENCIES: