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HomeMy WebLinkAboutApril 3, 2003Meridian Planning and Zoning Commission Meeting Aprl1 3, 2003 Page 46 of 81 Zaremba: Second. Borup: Motion and second. Any discussion? One minor thing that -- I don't know if this will affect writing up the findings Item B under standards was a typo. It looks like a carryover from a previous application. Centers: I accept that correction. Borup: That may want to be corrected before it goes to City Council. Zaremba: The second accepts the amendment. Borup: All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES McKinnon: Mr. Chairman, Members of the Commission? Borup: Yes, Mr. McKinnon is this on this project? McKinnon: Hold on. Borup: We will have a short recess. Let's go ahead and have a formal short recess. Thank you. (Recess.) Item 9. Public Hearing: CUP 03-010 Request for a Conditional Use Permit to obtain a Dealers License and sell quality used cars and trucks in an I-L zone for Finish Line Automotive by Lyle Lee Kallenberger - 44 Northwest 10th Street: Borup: Okay. Thank you. We'd like to reconvene our meeting and start with the next Item, Number 9. CUP 03-010, request for a Conditional Use Permit to obtain a dealer's license and sell used cars -- quality used cars in an I-L zone for Finish Line Automotive. We'd like to open this hearing and start with the staff report. McKinnon: Thank you, Mr. Chairman, Members of the Commission. As usual, I'm going to direct your attention up front to the overhead, give you an idea of where this project is located. It's basically on the corner of Franklin and Northwest 10h' Street. As --.just from driving around, you may remember that this piece of property is currently vacant, except for the far eastern portion of the property, which is, actually, enclosed by a chain link fence with slats. It's being used as a storage yard. The rest of it is vacant. We will go forward. This might help you out a little bit. This is the submitted site plan proposed by the applicant. Again, this area is currently being used for storage. There was a Conditional Use Permit issued for that for the use of storage. Landscaping was Meddian Planning and Zoning Commission Meeting April 3, 2003 Page 47 of 81 installed, the slating was installed, and the applicant is including this as part of the entire project, because it's on the same piece of the property, but the use for the storage in this bullpen area will continue. It won't be affected by the application for the used car sales. Used car sales will access off of Northwest 10th Street. In the staff report, you will note that Wendy Kirkpatrick, the author of the report, has requested that the driveway be reduced from 40 feet down to 35 feet, as submitted. The reason for that is to better define ingress and egress points into the parking lot, rather than have it would open, everybody can come in and come out as they please into'the project. There is an additional driveway on the property located on the north side of the property that's currently asphalted that runs back to the storage, back to the gate, so that they can access that and there will be, basically, a roundabout there. Per State Code, they are required to have five parking spaces for retail sales of vehicles. They have provided those as close as they can to Franklin, without having to the the large ditch that's located -- and that's the Ten Mile and that's located right there. The applicant is not wishing to the the ditch at this time. They are requesting the use of a small temporary trailer at this time, rather than building a large facility or a larger office building, they are requesting they have just -- I had some pictures earlier of the type of trailer that they have. I do have elevations and I could put those on the overhead if I could get Bruce to help me out with that. A couple of the changes that will need to be made to make this comply with code would be the additions of a couple more parking spaces. Per our ordinance, in opposition to the State Code, in addition to the five parking spaces required for the sales lot, they are required to have one parking space for every three vehicle sales locations. They are required to place two additional parking stalls. Centers: Excuse me so a minimum five, plus one for every three cars? McKinnon: That's correct. So that's -- Zaremba: While we are on the subject, can I ask you a question? McKinnon: Sure. Zaremba: Just referring specifically to Page 4, Site-Specific Requirement 1, which is about parking? McKinnon: Correct. Zaremba: Which states just what you have said. If they have five cars on display, then, they, in addition to those parking spaces, have to have two customer spaces. My question is if they are going to have a sales building, where do the employees park? Shouldn't there also be -- isn't there a number in addition to this that -- McKinnon: Per our ordinance there is not a requirement for that. Is that a good idea? I would probably tend to agree with that. There is not a requirement that all five of those spaces for the commercial lot be used for sale vehicles. However, the state requires them to have five for that. The parking would be in addition to that. The -- Section 11 -- Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 48 of 81 I think it's 14 of our code that deals with the parking does not address parking for the -- forthe employees of the project and perhaps that's part of what the one for three would include. We, typically, don't see a car lot this small in nature. Zaremba: But wouldn't you say that there is going to be even a temporary building, if it's an office trailer, that the square footage of that requires a parking space or two? Centers: Well, it says that. Third -- Zaremba: Did I miss that? Centers: Right here. Zaremba: No. That's customer parking. Centers: Two spaces -- oh, excuse me. Customer parking. McKinnon: It's two spaces for customer parking. Zaremba: And that's only related to how many cars are for sale. Centers: Excuse me. Zaremba: But I'm saying in addition to that, there is employee parking that would be related to the square footage of the building. McKinnon: For the office? I won't disagree with that, Commissioner Zaremba and additional parking space for that would be very appropriate. It should be -- Zaremba: So, we are, really, looking for eight parking spaces. McKinnon: We have six on the plan right now, counting the one handicapped stall and so rather than eight, it would be nine, if you wanted to add two additional to that number. Borup: Isn't there seven there now? McKinnon: S even s o, a ssentially, we would b e l ooking a t a dding t wo m ore,which I think, is what the staff report requests so the addition of two more parking spaces. Borup: Which would make nine. McKinnon: Right so, we have got five, plus the handicapped. The handicapped is -- Borup: Was there two there? I mean there is one on the other side of the handicapped also, isn't there? Meddian Planning and Zoning Commission Meeting April 3, 2003 Page 49 of 81 McKinnon; I'd like some clarification from the applicant on that; dealing with the drive- thru to the other drive lane. If there is going to be parking there, I think that there should be some sort of blocking curb to keep vehicles from going out into the drive lane. Without that being shown on the Site Plan, I would assume they were counting on people being able to pull in and use that for turn around and be able to come out through this exit. If there is -- like I said, the applicant can clarify that, to state that -- whether ornot that is included as part of one of their parking stalls. Mathes: Did they ever state how many cars they were going to sell? McKinnon: I think that's a question best asked of the applicant. Mathes: Okay. McKinnon: I believe that they show the five spaces and the anticipation is those five spaces -- in the future, they want to build a larger office at this location, so in the future they would like to grow and have additional vehicles for sale. At this time, the state requires that they have the five spaces and they didn't indicate that they wanted to sell more than that at this time, based on the parking that they have provided. Just jump right to that. Currently, this area that they have shown -- you can see the arrows that point around -this site is unimproved and they want that to remain in gravel. One of the site-specific conditions of approval that Wendy included in her report was that they post that for no parking at this time and it would have to remain free of the weeds, just like our code requires. If we add the additional parking spaces, these trees would probably have to be moved to the east in order to accommodate the additional parking, unless additional parking was located into this area where we currently have the unimproved area and the applicant can address those. I have spoken with the applicant during the break and he said he has read the staff report. He is in agreement with the staff report and the changes that we have requested are something that they can accommodate. Like I said, he is here tonight to answer your questions. Just a couple other things to add before I turn the time back over to you. This project is somewhat developed already and so it doesn't currently meet the landscape ordinance part of the development. When the Conditional Use Permit was approved for the storage area, there was a requirement for a certain number of trees, one for every 1,500 square feet of asphalt, and there was no specific required landscape buffer. on Franklin Road. There currently is required a 25-foot landscape buffer. In order to bring this site into complete compliance, the fence would have to be shifted back 10 feet or to the alternative compliance section of the code, stating that, you know, you have, again, a change of use on the property that what's there could be remain. Furthermore, there is a requirement for five feet of perimeter landscaping adjacent to all drive aisles and parking, even in the industrial zone, which cannot be accommodated right now as the site currently exists, because of the asphalt paving on the north side of the property. The landscaping on the east side meets it and we can come very close with some modification of the depth of the landscaping based on the location of the Ten Mile ditch. Again, this is a project that is being requested for a temporary trailer. They do not Meridian Planning and Zoning Commission Meeling April 3, 2003 Page 50 of 81 intend to have the trailer there for some -- for a long period of time and if you'd like to set a specific time frame for allowing that, that is something that you are allowed do as the Commission. There is a requirement that the trailer hook up to city water and sewer. No chemical bathrooms would be allowed in this location. I'd ask if you have any other comments or questions for Bruce or I concerning the staff report and turn the time back over to you for your Public Hearing. Borup: Questions from the Commission? Centers: Yes, Mr. Chairman. Mr. McKinnon, where do you talk about the trailer? I was looking for it. I know that we put a time limit on those kinds of things. Do you have it in the staff -- McKinnon: Wendy did not include that in the staff report and that's why I pointed that out to you, in case you wanted to add a time frame you could and that's well within your rights. Centers: And the time frames normally are t 8 months to two years? Isn't that typical? McKinnon: I have seen them go from one year to two years. Centers: Yes. We have done those with subdivisions and -- McKinnon: That's correct. Centers: Where did you say that you wanted them not to park in this area? McKinnon: That's correct. They don't plan on improving that area right now, just to leave that gravel, and our code requires that parking be on asphalt, rather than on gravel. Centers: Is he able to get in this way? McKinnon: He's able to get in the whole length. This is just a proposed future building, so they have got this whole home access that's completely open at this time. Centers: Are these giant Sequoias or do they -- because he can get back here, but you're telling us to tell him that he can't park on own property? McKinnon: That's correct. According to our ordinance. Through the Conditional Use Permit, they could do that. I talked with Wendy a little bit about maybe requiring an extruded curb here and here to keep the people from being able to access that to park at this time, because their only portion of the project they want to develop right now is right here. Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 51 of 81 Centers: Well, I think that would solve Commissioner Zaremba's problem. That would - - certainly he would be allowed, as the owner or the salesperson, to park back there. I mean how can you prohibit -- I can see we would just prohibit customers from not parking there, but, as the owner, he should be able to park on his own land. McKinnon: Mr. Chairman, Commissioner Centers, the ordinance would require that if he wants to park on it, he asphalts it. We have no problem if he wanted to asphalt it. It's just the ordinance that requires that through the Conditional Use Permit of that. Centers: I understand where you're coming from, but -- Borup: That's not any different than -- or I mean not much different than last week on the contractor's yard. Centers: Yes, but there was traffic -- we were talking traffic on that. Borup: Well, the offer was there, too. You might want to -- Centers: We made an exception for the car lot down the road -- and I forget the name of it. He's on the other side of the road, up Franklin -- McKinnon: Centennial? Centers: There you go. He had 15 feet and we made the exception for him. That was sometime back. Rememberthat? Borup: Yes because it was already in existence before the ordinance changed. Centers: And this is the case here. This is already in existence right? We have an improvement to the property, don't we? McKinnon: Currently? Centers: I mean this proposal makes an improvement to the property. McKinnon: That's correct. Centers: Okay. Thank you from what it looks like now. Mathes: How wide is the existing paved driveway? McKinnon: I'm sorry? Mathes: How wide is that existing paved driveway? McKinnon: I believe it's 20 feet in width. Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 52 of 81 Mathes: They can't park on it? McKinnon: It would block access to -- Mathes: To his property? McKinnon: -- to his property that he's leased to someone else. Mathes: Oh. Okay. Centers: Would he have to get a variance to the ordinance in order to park in the back oh his gravel lot or could we, as a Commission, recommend that to the Council, that he be allowed to park -- he and his employees. McKinnon: Mr. Chairman, Commissioner Centers, the Variance findings are pretty specific saying that you would have show a hardship in order to do that, say that there is a specific reason why he couldn't do that based on either topography or existing site conditions. There is nothing in existing site conditions that would prohibit him from paving that, so the Variance would probably not be the right direction to go for that. You could make that recommendation to Council that they waive that. There is nothing preventing you from doing that. Centers: Okay. That's -- Borup: But as it stands right now, he's in compliance with the parking requirement anyway. Centers: They are recommending two more. Borup: They have got them. No. They -- where are they recommending two more? Oh, he's recommending seven and that's what they have got. The discussion -- I think it started because where do the employees park and that's Iguess -- and from what Mr. McKinnon said, there is no requirement for employees. This would be aself-service, just go, and buy it yourself. Centers: Well, I guess we need to hear from the applicant how many cars he intends to sell. That's the dictator is the number of cars. Borup: I still -- I mean that storage lot is not something that's accessed probably -- well, maybe we can find out, once a week? Would the applicant like to come forward or their representative? You have had achance -- go ahead. Mortensen: Commissioners, Tom Mortensen on behalf of Mr. Kallenberger. Be happy to answer any questions for you. Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 53 of 81 Borup: You have read the staff report? Mortensen: Yes. Borup: And you're in agreement with everything in the staff report? Mortensen: Yes. Borup: Okay questions from the Commissioners? Centers: How many cars does he intend to have on the lot for sale at one time? Mortensen: Well, being it's -- you know, this is a temporary thirig, it's going to be two to three, two to three vehicles. Centers: Not a very big operation. Mortensen: No. Centers: Yes but you're in agreement with all the requirements that the -- Mortensen: Yes. Mr. Kallenberger and I reviewed the requirements and we are in agreement to comply with those. Centers: Fine with me. Borup: How about time frame for the trailer? How long are you -- do you have an idea? Mortensen: One to two years. Borup: Pardon? Mortensen: Not to exceed two years. Borup: Okay. Zaremba: I know Commissioner Centers clarified that you have read these and understand them, but I do want to pick one, because we do have a letter from the neighbor to your north who, I believe, says he supports the project, but wants to make sure the runoff is handled. You have read on Page 5, Standard Requirement Number 3 that you have to have a Drainage Plan designed by a State of Idaho licensed architect engineer? Mortensen: Yes. Zaremba: Okay. I guess that satisfies the neighbor. Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 54 of 81 Mortensen: Thank you. Borup: Do we have anyone else to testify? Holstein: My name is William Holstein. I live directly to the east of the storage lot at the present time and Mr. Mortensen has been a pretty good neighbor. He put up a nice fence that covers up everything he's got stored inside. Incidentally, I live right across the street from the Dreamland Day Care Center and your observations on the use of the parking were quite astute. I don't think I have ever seen it over 50 percent occupied. I have several questions and I think I saw some strange looks on a couple faces up here and that one issue is what is a quality used car? Number 2 if you're selling a quality used car, wouldn't you want a quality sales office, rather a tin towing trailer for a sales office? I lived there as a resident and I, to be honest, plan on selling my property and it's turned into a business area, but I hate to see it turning into something like Garrity Road in Nampa. From what I saw here, I don't see that. In fact, I'd like to say that that landscaping in front on the Franklin side, I'd recommend you just leave it as it is. It doesn't make sense to move the fence -- Centers: Right here? Holstein: Yes -- if you do grant the permit. My big concern, I think, would be the -- number one, petroleum products store on the property. I don't see anything in the way of a detailing shop, which is great. With respect to the issue of the owner parking on a gravel parking lot, the owner of that car lot might own 20 or 30 cars, so I mean which one's his personal car and which one isn't? I think that's the reason, probably, the zoning ordinance reads the way they do on it. I'd still like to know what a quality used car is. Thank you for your time. Borup: Mr. McKinnon, did you say earlier you had a photo or a representation of the building or you thought you did? McKinnon: There was one that was submitted and I know that it was included in the application. You may not have received a copy. Borup: We didn't. McKinnon: Okay. I usually send everything out to the Clerk's Office and it didn't make it back, but Jessica might have it in her report. Borup: Okay. I think that's what I was wondering so, it's an office type of -- McKinnon: I can put that on the overhead if you'd like. Zaremba: Well, I would just say I agree with the previous speaker, in that we do want attractive buildings when they are built along here and that supports Commissioner Meridian Planning and Zoning Commission Meeting April 3, 2003 Page 55 of 81 Centers point that we should state a time limit on how long the temporary building can be there. Borup: Well, I think that was the neighbor s concern that it wasn't going to be a camp trailer with wheels showing and everything. Is that what you were worried? Holstein: That would be kind of an over-exaggeration. Borup: Yes. Okay. Did that answer your question, too, on what they had planned? That's the type of - I don't think that's the exact one, but that's the type that they said they were planning. Holstein: Is this -- Borup: You need to get back on the microphone. Holstein: I apologize. Is that an existing building on an existing lot that they have at the present time or -- Borup: No. I think that's representing -- my understanding is that's representative of the type of building they are planning on. Holstein: Is there a Finish Line Automotive existing at the present time, so that one might see what kind of an operation they do is or this a totally new enterprise? Maybe address that. Borup: Okay. Thank you. Did we have anyone else to testify? Mr. Mortensen, do you have any final comments? Maybe you could answer that last question and, then, see if the Commissioners have any other questions. Mortensen: Okay. Borup: The question was is that an existing business or is this new? Mortensen: This is a new business. We don't have any other affiliations with anybody else. Borup: Okay. Centers: While you're here, the landscape buffer that adjoins that existing storage fence, you heard your neighbor say that he was satisfied with the way it is, but are you prepared to move the fence back 10 feet and provide 10 more feet of buffer? Mortensen: Well, we were hoping we could keep in compliance with -- or with the way that it exits, you know. Meridian Planning and Zoning Commission Meetlng Apol 3, 2003 Page 56 of 81 Borup: But you would be prepared to move that at the time when the rest of the site was developed and a permanent building would be put in? Mortensen: Yes. Borup: I mean that's what I would expect. I don't know about the other Commissioners, but --okay. Commissioners? Zaremba: I move the Public Hearing be closed. Centers: Second. Borup: Motion and second to close the Public Hearing. All in favor? MOTION CARRIED: ALL AYES Centers: Mr. Chairman -- well, unless someone wants to discuss it, I would like to -- you will still have that opportunity -- recommend approval of CUP 03-010, request for a Conditional Use Permit to obtain a dealer's license and sell quality used cars and trucks in an I-L zone for Finish Line Automotive by Lyle Lee Kallenberger at 44 Northwest 10~' Street, including all staff comments. In addition, the applicant has requested the temporary use of a trailer, a picture of which was shown tonight and it should be representative -- the finished product should be representative of that picture with a maximum term of usage to be two years. End of motion. Rohm: I will second that. Borup: Motion and second. Any discussion? All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES Item 10. Public Hearing: AZ 03-005 Request for annexation and zoning of 61.33 acres from RUT and C-G zones to an R-8 zone for proposed Verona Subdivision by Primeland Development, LLP -northeast corner of West McMillan Road and North Ten Mile Road: Item 11. Public Hearing: PP 03-003 Request for Preliminary Plat approval of 174 building lots and 15 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP - northeast corner of West McMillan Road and North Ten Mile Road: Item 12. Public Hearing: CUP 03-007 Request for a Conditional Use Permit for a Planned Development for 148 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots, 15 open space lots, including addition to community park in a proposed R-8 zone for proposed