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HomeMy WebLinkAboutMay 1, 2003Meridian Planning and Zoning Commission Meeting May 1, 20D3 Page 63 of 107 Zaremba: Mr. Chairman, I move the hearing be closed. Centers: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Centers: I think it's good to see them here. No one is objecting. Zaremba: Okay. Mr. Chairman, I move that we forward to the City Council recommending approval of CUP 03-016 -- I'm sorry. I'm reading the wrong one. Let me back up. I move we forward to the City Council recommending approval of CUP 03- 015, request for a Conditional Use Permit to add a heliport with office and fueling, future landing pads, and hangar on the southeast corner of property in L-O zone for St. Luke's Meridian Medical Center by St. Luke's Regional Medical Center. East of South Eagle Road and north of I-84, to include all staff comments of the staff memo dated May 1st, received by the city clerk April 25th, 2003. That's it. Centers: Second. Borup: Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: CUP 03-016 Request for a Conditional Use Permit for a craft store and coffeehouse in an O-T zone for The Library by Craig Rittenhouse - 141 East Carlton: Borup: Next Item is CUP 03-016, request for a Conditional Use Permit for a craft store and coffee house in an O-T zone for The Library by Craig Rittenhouse at 141 East Carlton. I'd like to open this Public Hearing and start with the staff report. Kirkpatrick: Be just a moment here. All right. This is an application for a Conditional Use Permit for the expansion of an existing Conditional Use Permit. Originally -- this is 1996, the previous property owner was -- received a Conditional Use Permit for a craft store and espresso shop. This applicant plans to continue that same use. However, they are expanding the building, they will be required to go through the Conditional Use process. This is located across the street from the old Meridian High School. I'll put up the Site Plan. Let's see. We had a couple of issues staff was concerned about with this application that we wanted to note. The first is the parking requirement for the site. The submitted Site Plan shows four on-site parking spaces. The dimensional requirements of the building require 14 spaces. The applicant is proposing a parking agreement with the Chapel of the Chimes and we'll go ahead and show a photo of the Chapel of the Chimes parking area. We have received a letter from Chapel of the Chimes saying they Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 64 of 707 agree to h ave a p arking agreement with T he Library coffee shop. However, staff is concerned, because it appears that this parking lot used by the Chapel of the Chimes is, actually, configured to allow funeral processions, we were concerned with how the cross-access agreement with that parking lot would actually operate if that would -- how that would impact Chapel of the Chimes and the system that they have going with that parking lot. We wanted them to resolve that before it goes to City Council. And I believe you all have a copy of a letter from Chapel of the Chimes that was copied off to you this evening, just saying that they agree to the parking agreement. However, staff doesn't have any further details about how many spaces Chapel of the Chimes would be giving to The Library through this cross-access agreement. We would want to insure that Chapel of the Chimes is left with adequate parking after this agreement is completed. Additionally, the applicant does not meet the current landscaping standards of Meridian city code. However, staff feels that it's -- that it's adequate for the applicant to request alternative compliance. Okay. We'll go ahead and put a picture of the shop up. Due to the configuration of the site, it would be impossible without moving the house to actually come to compliance with our required landscape buffers. Staff believes that the landscaping plan that has been submitted by the applicant is adequate. Going back to the landscaping plan. Staff recommends approval with the condition that the parking agreement be resolved before the applicant goes to City Council. Are there any questions of staff'? Zaremba: I do have a couple. Have we received any comment from Meridian Development Corp? I didn't see in our packet that they responded. Kirkpatrick: I don't believe that we have. Zaremba: I assume they were sent a copy. Kirkpatrick: Actually, let me check to see if they were sent a transmittal. And, actually, I'm going to ask Sharon if they did receive a copy. Did they receive a transmittal? Smith: Mr. Chairman, Members of the Commission, we don't actually keep a record in each file of who these transmittals were sent to. Had I done this transmittal I would have sent it to them. I can confirm that tomorrow. I'm sorry. I can't answer the question. Kirkpatrick: I suppose that we could condition this that they be notified before the application goes to Council, so that we are sure that they were informed of the application. Zaremba: Right. Then, the other question is -- well, it was more of an antique shop. I have a ctually b een i n t his b uilding a nd it's a c harming b uilding, b ut I would q uestion whether the electrical system could handle an espresso shop. Is there some electrical inspection that's required for this kind of use? Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 65 of 107 Kirkpatrick: Actually, that's outside of jurisdiction as a planner, but I imagine to get a Building Permit all that would have to be certified. Bruce may be able to speak to that. Borup: I think that's true, because of the addition. Zaremba: So, it would get inspected at some point? Okay. That's it from me. Borup: Anyone else? Centers: Yes. Mr. Chairman. If there is -- of course, that could be done at the Council level, I believe. If there is some kind of a parking agreement and they come to terms, it satisfies all the parties. I would think it would have to be just for the life of this use, this specific user. Kirkpatrick: I believe the parking agreement would be between the owners of The Library and Chapel of the Chimes. Centers: Yes. But if it became another business, then, you'd have to be back to the drawing board, wouldn't you? Because another business you may need more parking or -- that was only note or question. Kirkpatrick: I would have to ask counsel how that would work. I'm not -- I'm not sure. I believe it would be a private agreement between the owners of The Library coffee house and Chapel of the Chimes. Centers: And when that business ceased to exist, it would be null and void. Because if you had another business moves in there -- you know what you -- Wollen: I believe so. Mr. Chairman, Members of the Commission, I believe that, you know, if the Commission does move to recommend approval on this, it will be with the Development Agreement as part of the approval. That puts this agreement up front for this applicant, but as far as Chapel of the Chimes is concerned, they are in a contractual agreement with this applicant and this applicant only. They are not obligated to keep that agreement should another business move in. Centers: Well, I'm aware of that, Chapel of the Chimes. Would it be transferable if Chapel of the Chimes agreed? Wollen: If Chapel of the Chimes agreed, I don't see any reason why it wouldn't. Centers: Okay. Powell: Mr. Chairman. Mr. Centers, if your concern were the volume of traffic and the parking that is required, this would probably be about the most intense use you could have on the property. Any other retail use would probably have less traffic than a coffee shop would so, I'm not sure if that's what your concern was initially. Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 66 of 107 Centers: Yes. I'm not really concerned, I just wondered about that and should we worry about it. Powell: Well, if there is a parking agreement in place, another use -- it might be a waste of your time to have to review another use going in if those agreements are already in place. Centers: It wouldn't waste my time. I would expect the staff to do it. Powell: A staff level approval of Conditional Use is not currently a part of our code, but we could work on it. Borup: Well, I'd also think if there was something that wasn't satisfactory, Chapel of the Chimes would have the right to probably express that. Zaremba: Absolutely. Centers: Okay. Borup: Okay. Would the applicant like to add anything? Rittenhouse: Good evening, I'm the short guy here tonight. Mr. Chairman and Members of the Commission. My name is Craig Rittenhouse, 597 North Liberty Street. I'm also the owner of the property at 141 East Carlton. It was purchased in January of this year and the business at that time had closed. They had a Conditional Use Permit for a craft store, espresso shop, and a parking agreement with Chapel of the Chimes. I have reviewed the -- I received and read the packet and had no objections to it. Certainly would be open to any questions there are. But to specifically answer or start discussion and answer on the few items that were brought up. First on the parking, there was a parking agreement in place prior to the sale of the property with the old owner and Bill Bruner, Chapel of the Chimes. Bill has since retired. There is a gentleman by the name of Mark Meade, who is the general manager now of that site and he and I have met and talked and both parties wish to continue the agreement between the properties. There is a benefit to them. They can't -- my understanding is they can't have things like gasoline on their property because of the type of insurance they have, so even a lawnmower is not allowed physically on their property. Part of what they have is a shed, which we will maintain on the property, and they are able to keep their lawn care items in there and so that's the benefit to them of this agreement. So, they don't have to make their parking less or use up their property for it. We had a discussion on what happens with funerals that happen -- because when it does come in, they are going to have 30 to 40 cars all filling up their parking spaces and we have agreed that he will put a sign out that it's a funeral procession today, funeral parking only, during those times, but, of course, those are planned in advance and so they will know at least when those days are and can put a sign out and we certainly will have signage on our property that says, you know, parking is available next door, unless Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 67 of 107 there is a funeral procession going on. I'm sure you will follow up on the transmittal whether it went to the Meridian -- the new development group. I did receive a phone call saying they needed two more sets of plans, so they could send them over to them. So, I'm pretty sure that was done, but I'm sure you'll confirm that. Number three in the electrical plans, we should be done with our final engineering plans within a week or so and we were planning to finish them prior to submitting for a building permit. I have had lots of discussions with the electrical engineers. Currently there is X amount of electricity going in the house and it's not going to cover it. There is athree-quarter inch water pipe and that's not going to cover it. And so in all the engineering plans all of those things are called out. And from an environmental health standpoint, we have already got approval on our plans, so from that standpoint it's -- we are covered on that as well. So, we are planned to get all of those approved through the building permit process. And I will be open to any other questions that you have. Borup: Do you have any questions? Zaremba: Thank you. This is from my previous questions. I think I noted somewhere in here that you anticipate, actually, that the majority of your customers will be walking from surrounding businesses where they will have parked on their own business property and walked to your site. I think that's helpful, too. Rittenhouse: There is a lot of foot traffic and the hours that we are holding, there is the high school across the street and the DMV, there are a number of churches in the area, and so we will be open on Sunday for limited hours to allow a place for that. And I was here from the beginning of the meeting and there was a question earlier -- I think it was with the bank about public meeting places and as a part of our plan we actually have a public meeting room that will hold up to ten people comfortably and that will be available as well. It's a real community type of place to come in, read a book, read a newspaper, relax in some nice Victorian furniture and have some of the best coffee available anywhere in the world. We will have that. Centers: I hope you do well. Rittenhouse: Thank you. Borup: Anything else? Thank you. Rittenhouse: Thank you. Borup: Do we have anyone else to testify on this application? Seeing none, Commissioners? Centers: I would move we close the Public Hearing. Zaremba: I will second that. Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 66 of 107 Borup: Motion and second to close the Public Hearing. All in favor? MOTION CARRIED: ALL AYES. Centers: I would be in favor of just going through it just exactly as written by the staff. They have got the parking agreement covered on the site-specific. I don't think we need to add anything, do we? Zaremba: The only thing I would add would be to confirm that Meridian Development Corporation has had the opportunity to comment. I guess we can just handle that as -- we don't need to make that part of the -- Centers: Okay. Well, I would recommend approval of CUP 03-016, request for Conditional Use Permit for a craft store and coffee house in an O-T zone for The Library by Craig Rittenhouse at 141 East Carlton, including all staff comments from their memo, again, dated May 1st, 2003, and it was received April 25th. Zaremba: Second that. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 15: Public Hearing: CUP 03-017 Request for a Conditional Use Permit for a new Carl's Jr. restaurant with drive-thru service by Clayton Jones - north of Intersection of South Meridian Road, East Central Drive and South Main Street: Borup: Okay. The next item is CUP 03-017, request for Conditional Use Permit for a new Carl's Junior restaurant with a drive-thru service by Clayton J ones, north of t he intersection of South Meridian Road and I'd like to open this Public Hearing and start with the staff report. Kirkpatrick: All right. Chairman, Members of the Commission, this is an application for a Conditional Use Permit and Planned Development for the construction of 2,124 square foot drive-thru fast food restaurant. And you can see where it's located off of Meridian Road. And I think on the other side it has aKFC-A&W. The applicant is here for a Planned Development. Currently, there are two buildings on site, the Planned Development requirement comes in, because they are demolishing -- planning to demolish the existing -- it was the old KFC restaurant and establish a new Carl's Junior restaurant. Because they are demolishing the existing building and proposing a new building, they are required to do a Planned Development, because it will be two buildings on site. And also I wanted to follow it up with when the original -- or the current A&W-KFC building went in, it was prior to the requirement of the Planned Development c ode t hat r equired two a menities a nd w e p rovided -- t hat w ill c ome u p later this evening, but when that building came in, that was not a part of an ordinance. It