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HomeMy WebLinkAboutMay 1, 2003Meridian Planning and Zoning Commission MeeOng May 1, 2003 Page 91 of 107 Borup: Separate the parking from the drive-in. Centers: I will make a stab at it here. I would like to recommend approval of CUP 03- 017, request for a Conditional Use Permit for a new Cart's Junior Restaurant with drive- thru service by Clayton Jones, north of the intersection of South Meridian Road, East Central Drive and South Main Street, including all staff comments from the memo dated May 1st, received April 25th -- getting late. Additionally, applicant to provide a landscape island at the east end of the south parking lot. Applicant to move the crosswalk let's call it, from the parking area to the restaurant three parking spaces to the south. Correct. South. Applicant to also provide amenities -- Borup: You want the three? Earlier we talked about maybe two. Centers: At least two amenities -- Zaremba: No. Moving the walkway at least two -- Centers: I'm sorry. I said three. Borup: Right. That's why I want to clarify. Centers: Yes. He preferred two, but you know we can't give him everything. Borup: Okay. Centers: I'd like to move it clear around here if I could, but that's not reasonable. Okay. Applicant to provide the amenities as stated earlier, which would be the bench and three flags, a Welcome to the City of Meridian sign, and the raised sidewalk. That's a given, the raised sidewalk out to 1st Street. Thank you. That's it, as far I know. Anything else? Borup: That's the motion. Zaremba: I will second. Borup: Motion and second. Any discussion? All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 17: Public Hearing: CUP 03-019 Request for a Conditional Use Permit for the demolition of one of the two existing buildings and replacing with one new building for the same use -child care in a C-C zone for New Horizon Child Care by New Horizon Child Care - 1830 North Meridian Road: Borup: Next item is Public Hearing CUP 03-019, a request for a Conditional Use Permit for demolition of one of two existing buildings and placing one new building of the same Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 92 of 107 use -- childcare in a C-C zone for New Horizon Child Care at 1830 North Meridian Road. Open this Public Hearing and start with the staff report. McKinnon: Thank you, Mr. Chairman, Members of the Commission. There is -- almost there. There we are. Currently, on this highlighted site, which is just to the north of the existing Albertson's on Meridian and Fairview Road, there are a number of buildings, one of those buildings, the southern most building happens to be a New Horizons day care facility, The other two buildings on this site are asingle-family detached home and a detached garage. The applicant is proposing to -- get to the Site Plan. Next one. There we go. Currently, the single-family home sits in this location. The detached garage sits back just a little bit to the east of the existing building. For orientation, north is to your left and south is to your right. East is on top. The applicant is proposing, again, to raze the existing building and to build a new site for the expansion of the day care use. Again, this is a second -- this is the second building on a single site requiring it to be a Planned Development and they are required to provide two amenities as part of their Planned Development. As you can see, the applicant currently has a large open space for the existing day care building, which comprises more than ten percent of the entire site, equally one of the required amenities. In addition to that, there is playground equipment in that -- in that location that counts as another amenity and staff would support the fact that although those amenities are counted jointly by our ordinance, that those are appropriate to the size and the use that's being requested at this location. There a re a l arge n umber of t rees on t he existing s ite a nd t he applicant i s s aving a majority of those trees and they are trying to plant a large number of trees in addition to the existing trees to meet the mitigation requirements per our code. They are tearing down more caliper inches of trees than they are able to replace on this site, but staff has no objection to the request for the mitigation of those trees, although it does not equal the caliper inch of those trees that are being removed. The reason I bring up the fact that there is a large number of trees that are being saved is because our landscape ordinance allows a site to have a ten percent reduction in their parking if it's to accommodate the existing trees that are on site. The applicant has requested this ten percent reduction. With the ten percent reduction the applicant does meet the required -- the required number of parking spaces for this use. In the past, your body, as the Commission, has received a lot of testimony concerning the parking requirements in a day care facility and this is a P tanned Development, so you can allow the reduction further if it is necessary. A couple items to point out to you, in addition to those that I have already stated, being that the five foot wide sidewalk on the west side of the building is into the 25 foot required landscape buffer and needs to be removed and replaced with landscaping per the landscape ordinance. Again, this is a Planned Development and t hey can request for the minimums to be reduced. H owever, i n a Planned Development they cannot request that the landscaping buffers on the periphery of a Planned Developmentto be reduced. This is on the periphery, so it cannot be reduced. That's just about it for our staff report. The items that I have discussed are included in the staff report as conditions of approval. It was nice working with the architect and we stayed in contact quite a bit. He's not here tonight, he's an out-of-state architect, but the a pplicant is h ere, 1 h ave h ad a chance to talk w ith them just for a Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 93 of 107 moment and it seems that they are in approval -- they are in agreement with the conditions of approval. I would ask if you have any questions of staff at this time. Borup: Questions from staff -- or from the Commissioners? Centers: No, Mr. Chairman, but I did read the report in detail and that's -- so -- McKinnon: Thank you. Borup: Are you stating that the sidewalk needs to be removed on the west of the building in that -- McKinnon: It's on that west side of the building where I have highlighted and there is a requirement of fora 25-foot landscape buffer and the five-foot sidewalk encroaches five feet into it. Borup: And that sidewalk does that - we don't -- I don't have an elevation, so I'm not sure what that sidewalk has access to. Is there a door there that it goes into? Okay. Well, maybe we will ask the applicant. Do you want to come forward? Zaremba: Let me ask a question about the roadway, though. Has this already been -- at this point at I know at Albertson's it's a five lane, I think. Borup: No. That is three. Zaremba: It's three? Borup: I'm sorry. From the intersection it -- Zaremba: At that point, and has it narrowed to -- Borup: But narrows after the Albertson's entrance at -- Zaremba: By the time we are here, so is this indicating a future right of way, which will eventually be five lanes? And will there be sidewalks required along that right of way? Borup: I believe -- McKinnon: Mr. Chairman, Members of the Commission, the ultimate right of way is reflected on the Site Plan. Zaremba: It is? McKinnon: It is. Zaremba: Thank you. Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 94 of 107 Borup: And we have had some previous testimony, I think, that at this point ACHD has no intention of anything passed the three lanes. McKinnon: That's correct. Borup: That was widened just not too many years back and the sidewalk was put down that whole mile stretch. Did it at the time when they -- okay. Go ahead, sir. State your name. Irish: Chairman, Commissioners, my name is Brett Irish, 4955 West South Slope. I will make it quick. What we are proposing to do is on this site right now there was an existing home that was converted into a day care center that New Horizon used for many years. Before that it was another facility. At this point that facility needs cleaned up to an extent where it's better off just cutting your losses, tearing it down, and starting over. That's what we propose to do. With the new Site Plan, it's improving our parking lot, as well as the appearance on the property and as well, it will improve the profitability for New Horizons. And that sidewalk does come to the entrance of the building. And I think where we are at right there is to -- the irrigation issues, everything is crammed in there to every corner, so if we need to eliminate that or make the building smaller or whatever -- Borup: Have you discussed that comment with staff? Have you had a chance to -- Irish: Well, as far as New Horizon is concerned, that's the number that makes that facility -- Borup: As far as the sidewalk encroachment, has that been discussed? Have you discussed that? Irish: The architect has been handling that and I'm not aware of it. Borup: Okay. Zaremba: How is the -- this building is existing now? Irish: Correct. Zaremba: And it's going to continue unchanged? How is that used? Irish: That's a day care facility there. Both buildings are that. Zaremba: Okay. Irish: You know, the smaller house building took care of the littler kids and the school age kids were in the bigger building. Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 95 of 107 Borup: Anything else? Thank you. Any other questions from any of the Commissioners? Zaremba: Probably for staff. Again, the fire chief is asking to provide an approved turn around at the rear of the property. Does that mean they want to be able to turn a fire truck around back there? McKinnon: That's correct. Mr. Chairman, Members of the Commission, I -- we get the comments from Joe and we incorporate them into our staff report. Joe and I stay in contact quite a bit and he didn't have any special concerns that he contacted me on with this application. Zaremba: Okay. Centers: A lot of times, Dave, aren't they kind of form letter? Zaremba: Boilerplate? Centers: Like the school district. I think this is one of the first childcare issues that we have had where there isn't anyone here objecting. You're not objecting; right? Borup: I guess I didn't ask that, if there is anybody else that has any -- Centers: I just assumed that. They are all sitting together. And, plus, it's close to our Chairman's location. He can take his children there. Borup: My children? Centers: And we know there is a need for childcare. Borup: I guess I'm still -- I guess I'm still a confused on what staff is saying on this sidewalk. You're saying that the building is going to have to be reduced, move it back, redesign? McKinnon: Mr. Chairman, Members of the Commission, let me address the sidewalk. I want to go back real quick. On the sidewalk issue -- if we can go to the west elevation. I have got a copy of it here. I'm just looking at it. It appears that it's just -- it's an egress door. People aren't -- I don't assume that people are going to park in this location and walk down through the parking lot down passed the south facing elevation, around the building, into an entrance door over here, which is what the west elevation shows. It looks like this is an exit door for the facility. This sidewalk encroaches into the 25-foot buffer. It's a minor issue, but the code states that it should be 25 feet of landscaping there prior to hitting the building. If the sidewalk went away, it doesn't mean that the doorway would necessarily have to go away. Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 96 of 107 Borup: No. But if we have got other landscaping buffers that have pathways in the middle of them -- don't we, Mr. McKinnon? Other landscaping buffers have pathways, sidewalks in them. McKinnon: They do and -- Borup: So, the difference here is this is attached to the building and -- McKinnon: Mr. Chairman, Members of the Commission, the sidewalk is attached to the right of way or is meandering in and out of the right of way and our code does address that s idewalk a nd t hat s idewalk i s t o b e e liminated from t hat b uffer, u nless t hey c an show that ACRD will not widen it in the future and, then, they can include that. Again, it's a minor issue. Centers: You're saying they could remove it later if they had to? Borup: Well, that's -- you say it's minor. Right now it's part of a condition of approval to remove the sidewalk. McKinnon: Mr. Chairman, Members of the Commission, it's per our ordinance that way. Borup: Right. I guess you did have the ordinance stating that you're saying? McKinnon: Visually, the difference between 25 feet and 20 feet with the trees and the depth there, it doesn't affect it visually a great deal and the sidewalk's going to be at grade or very close to grade with the building, so we won't see a major chance in that. I just took it verbatim from what our code requires. Zaremba: The hearing is still open. I would ask the applicant a question. Borup: Why don't you come forward? Could you explain the proposed use of that? Zaremba: Is that going to be an actual entrance? Irish: No. I was wrong. The entrance comes in off the interior of the parking lot and as far as the exit there, we could just put a stoop there and eliminate -- Zaremba: Is that like an emergency exit? Irish: Yes. Zaremba: -- but it's not intended to be used? Irish: On our other facilities the -- there is doorways all the way around the whole building that connect with the playgrounds and stuff. This is a different application here, Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 97 of 107 so I was kind of thrown off. But as far as -- I mean we could eliminate it and just put a stoop there right outside the door. Borup: I notice your Site Plan has a fence clear around. Irish: Yes. That's just kid control. Borup: So, would the fence still stay? Irish: It would have to stay Borup: Because that's not alocked -- I mean that's a door they can go out in an emergency. Irish: Right. McKinnon: M r.Chairman, M embers o f t he C ommission, w e w ere j ust t alking i t o ver here r fight n ow a nd w e c ould possibly j ust allow t he s idewalk t here a s a n alternative compliance, which requires the approval of the P&Z director, who we happen to have sitting next to us and she's okay with the five foot sidewalk there, so -- Borup: That's my thought. It's going to have a fence, if it's a site obscuring fence it doesn't make any difference whether it's grass there or sidewalk from -- the view from the road is going to look the same either way. McKinnon: Mr. Chairman, Members of the Commission, where is the sight obscuring fence? Borup: Well, maybe it's not sight obscuring. It says it's a vinyl fence, the Site Plan. Oh, I'm sorry, it's right here right along the edge of the sidewalk. McKinnon: Give me one more second on that one. Mr. Chairman, Members of the Commission, if we could -- if we lose the fence we could keep the sidewalk. Borup: But if the fence is to keep the kids from running out in the road -- we need to get you on the tape. Irish: We can take the fence from the corner of the building there and put a gate at the driveway and the sidewalk there and -- Borup: Put a gate here? Irish: But our door has to have panic hardware on it, so that sidewalk has to be contained. Meddian Planning and Zoning Commission Meeting May 1, 2003 Page 98 of 107 Borup: So, if this is -- if this is ever used, children would be funneled down here and, then, out here through this gate? Irish: Yes. Borup: And then -- McKinnon: Mr. Chairman, Members of the Commission, if we just moved the building back five feet, burned one more parking space, we would have this all solved. Borup: To do that they would have to -- right now this corner is against the easement line, so the building would have to be redesigned slightly. McKinnon: Mr. Irish? I have a question, Mr. Chairman, if that's all right. Borup: Yes. McKinnon: Is there a possibility of putting the egress door adjacent to the driveway? Irish: Yes. McKinnon: And, then, we just don't worry a bout having an egress door on the west elevation? Irish: Yes. That's a done deal. McKinnon: Okay. That would eliminate the need for a sidewalk and a fence on the west side of the building. Irish: Okay. McKinnon: Okay. That's works. Borup: Then you don't have to move the building. Zaremba: My only question on that is from the interior, then, let's say you were in this area of the building when there was an emergency that required an exit, do you -- there is no exit along this side, there is exit along this side, so you must from here to get yourself out here? Borup: Or here, are there two exits, then? Is that what it will be now? Zaremba: Is that acceptable? Irish: I thought there were three exits. I need to -- Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 99 of 107 Borup: Do we have full elevations? We don't. I thought -- there was something on the view screen earlier. There. McKinnon: Go back one. Borup: Okay. This is -- oh, that was north. McKinnon: We have one on the north, we have one on the east, and we currently have one on the west. Borup: Okay. East is the main entrance. This is the one we are talking about eliminating it. And, then, the north had two on it. Here and here, and nothing on the south. This is along the driveway, anyway. You would still have -- you have got four now, you'd still have three, and to answer Commissioner Zaremba's question, there are two along the north side. It looks like this -- this corner would -- well, they are talking about moving the other one over to here. You're saying that works for you? That works for staff? Mathes: But where are the kids going at the north? They go out into -- is that fenced in also? Irish: Yes. Borup: Jump the fence and get in the ditch. Zaremba: Those doors would be in kind of an indent, probably; is that correct? Right here? Borup: Are we covered? We are okay? Oh. Do we have some additional information? McKinnon: No. Borup: Oh, you do? Okay. Are we ready or do you need some more discussion? McKinnon: I think we are okay if we get rid of the fencing and the sidewalk on the west side and we keep the egress on the north, on the south, and on the east. Borup: Well, we are adding one on the south. We are moving the one from east -- or the west to the south. McKinnon: Okay. You got it. Borup: Okay. Really, the staff comments all stand, other than we would need to add the egress door on the west would be moved to the south and the fence and sidewalk -- well, they already say the fence and sidewalk need to be removed. That's all -- that's the only change, adding an egress door on the south. All right. Meddian Planning and Zoning Commission Meeting May 1, 2003 Page 100 of 107 Zaremba: Mr. Chairman, I move the hearing be closed. Rohm: Second. Borup: Motion and second to close this Public Hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Borup: Do we have any other discussion? Does that cover it all? Zaremba: M r.Chairman, I m ove t hat we forward to t he C ity.Council recommending approval of Item 17 on our agenda CUP 03-019. Request for a Conditional Use Permit for the demolition of one of the two existing buildings and replacement with one new building for the same use, child care in a C-C zone for New Horizon Child Care, by New Horizon Child Care, 1830 North Meridian Road. What was unclear about that explanation is there will end up being two buildings still, to include all staff comments of the staff memo of May 1st, received by the City Clerk April 25, 2003, with the following changes, that -- Borup: Actually, the memos don't -- this memo, at least -- I don't think the others did -- doesn't have really dates that -- they listed the hearing date. Zaremba: Yes. Borup: That's a change in how our staff reports -- Zaremba: So, the change to the memo is that whereas the west sidewalk and any west-facing door on the west elevation will be eliminated, the fence that's related to that sidewalk will be eliminated, and a new door will be put on the south elevation near the west end. I believe that's the motion. Mathes: Second. Borup: Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES. Borup; Thank you for staying so late with us. We enjoyed your company. Zaremba: Before we do the next one, I have a question for staff that this one reminded me of, but I didn't want to put on this applicant. In mitigating trees that are removed, if we have a situation like this one where we know they are going to have to take a few old trees out, could the mitigation be satisfied by planting the trees in a park, instead of on the property we are talking about, so they donate a couple trees to the city?