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HomeMy WebLinkAboutMay 1, 2003Meridian Planning and Zoning Commission Meetlng May 7, 2003 Page 13 of 107 Centers: And, Mr. Chairman, I'd like to recommend approval of Item 6 on our agenda, CUP 03-011, request for a Conditional Use Permit for two 9,500 square foot retail buildings with associated site improvements in an L-O zone for Resolution Sub by G.L. Voigt Development, 1611 South Millennium Way, and 2045 West Overland Road. Including all staff comments from memo dated May 1, 2003, and received April 25in Zaremba: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES Item 7. Public Hearing: RZ 03-005 Request for a Rezone of 4.738 acres from R-4 to L-O zones for Christ Lutheran Church by Christ Lutheran Church - 1406 West Cherry Lane: Item 8. Public Hearing: CUP 03-012 Request for a Conditional Use Permit for a church /preschool in a proposed L-O zone for Christ Lutheran Church by Christ Lutheran Church -1406 West Cherry Lane Borup: The next Item is CUP 03-012, request for a Conditional Use Permit for a church/preschool in a proposed L-O zone for Christ Lutheran Church at 1406 West Cherry Lane. 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 Rezone and a Conditional Use Permit. The applicant is here for a Conditional Use Permit, because they have an existing Sunday school at the church, they are proposing to turn it into a preschool. In order to apply for this Conditional Use, they have to rezone the property from R-4 to L-O. That's why you're seeing a rezone and a CUP application. The applicant is not actually proposing any construction on the site. The property is located at the northeast intersection of Locust -- excuse me -- Linder and Cherry Lane. Because the applicant is applying for a Conditional Use, staff is asking the applicant to come into compliance with current landscaping regulations along Cherry Lane. We are not requiring at this time that they come into compliance along the western edge of the property. Currently -- you can see the photos. You can see currently along Cherry Lane there is very little landscaping there is mostly gravel there. We are going to require that they put trees every 35 feet and put in the required landscaping buffer. Along the western edge of the property we are allowing them to remain -- so that part of the site to remain in gravel. If they do any future additions, expansions, to the church, we are going to require that they come in and bring those sections of the property up to compliance with the Landscaping Code. Staff recommends approval of this application. Are there any questions of staff? Borup: Questions from any of the Commissioners? Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 14 of 107 Zaremba: Only one. On the transmittal response was they need a more extensive assume for trash enclosures and stuff. that was sent to Sanitary Services, their review of the detail. Has that happened? I Kirkpatrick: No. Actually, that has not happened. We should condition that before the applicant goes to City Council, that that be resolved. Zaremba: Okay. Borup: Well -- but nothing is being changed on the site. Whatever they are doing now for trash removal is what will continue isn't it? Zaremba: I'm just referencing the -- Kirkpatrick: And the things that they may or may not know that there was not any actual construction or change of use. Borup: That's what I was wondering. Okay. Is the applicant here and would like to add anything to the presentation? Spackman: My name is Dirk Spackman, I'm representing Christ Lutheran Church, and really don't have anything to add to what's in the application or anything like that. We will be happy to conform with any of the requirements or anything like that. Thank you. Borup: You know I made a mistake I'd like to rectify right now. I think I only opened one of these Public Hearings, I believe, and - I think I opened the CUP. I did not open the Public Hearing on the Rezone, but I'd also like to open RZ 03-005, and for us to take into consideration the staff comments that were made on both projects. Then, sir -- and I didn't mean to interrupt you, if you had --okay. Probably the only question -- do any of the Commissioners have any questions? Centers: I had one question, Mr. Chairman. Has the church seen all of the staff comments and requirements? Spackman: I haven't seen the staff comments. Centers: You haven't seen the requirements for this -- Spackman: They may have been sent to the Church, but I haven't received them. I haven't seen them. I had a -- Centers: The reason I ask that, I saw you had a one page -- Spackman: Oh, this is just the -- I had an extensive meeting with the staff while the process was going on for the application and everything was pretty well gone over. Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 15 of 10T Centers: So, you think you're aware -- and the church is aware of the requirements? Spackman: I think so. Centers: Okay. Borup: And the landscaping was probably the only thing that -- Spackman: Correct. Borup: -- was a major -- Spackman: Do you have the Landscape Plans? Kirkpatrick: Actually, yes, I have a revised Landscape Plan. It's small scale, so I can't tell if this meets our code from this 8'/: by 11 -- Borup: Oh, yes. We have a very extensive Landscape Plan. Spackman: And it's --the additional trees that they agreed to -- we agreed to are shown on the large scale plan you have got and it conforms to the requirements of the ordinance for distances and placement and whatnot. Borup: Okay. Thank you. Spackman: I think probably -- unless there is anything -- something else added that I should be aware, I'm pretty well aware of anything we talked about. Borup: I think the Commissioners wanted to make sure you're aware of that, because the motion we are going to be passing will incorporate all the staff comments, so that -- that will be what our motion will include. All right. Thank you. Do we have anyone from the public to testify on this application? Seeing none -- Centers: Mr. Chairman, I'd like to move we close the Public Hearing. Borup: We have two Public Hearings open. Centers: Excuse me. We both made that mistake. I would like to close the Public Hearing on Item Number 7 on our agenda, RZ 03-005, and the Public Hearing for CUP 03-012. Zaremba: I will second and I will second. Borup: Okay. Motion to close the Public Hearings. All in favor? Any opposed. MOTION CARRIED: ALL AYES Meridian Planning and Zoning Commission Meeting May 1, 2003 Page 16 of 107 Centers: Mr. Chairman, I would like to recommend approval for Item Number 7, RZ 03- 005, it's a request for a rezone of 4.738 acres from R-4 to L-O zone for Christ Lutheran Church by Christ Lutheran Church, at 1406 West Cherry Lane, including all staff comments from their memo dated May 1, 2003, received April 25`h, including all staff comments. Zaremba: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES Centers: I would also like to recommend approval of Item 8 on our agenda it's CUP 03- 012, request for a Conditional Use Permit for achurch/preschool in a proposed L-O for Christ Lutheran Church by Christ Lutheran Church at 1406 West Cherry Lane, including all staff comments from the memo dated May 1S`, which was received April 25th Zaremba: I'll second that. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES Item 9. Public Hearing: CUP 03-013 Request for a Conditional Use Permit to modify operational hours and change building placement from original approved CUP in a C-N zone for Cherry Crossing by Hawkins Companies -northwest corner of West Cherry Lane and North Linder Road: Borup: Okay. Item -- next item is Public Hearing CUP 03-013, request for a Conditional Use Permit to modify operational hours and change building placement from the original approved CUP in a C-N zone for Cherry Crossing by Hawkins Company. This is at the northwest corner of Cherry Lane and North Linder. I'd like to open this Public Hearing and start with the staff report. Kirkpatrick: All right. Chairman, Members of the Commission, I put up a map showing the location of the subject property. It's at the northwest intersection of Cherry Lane and Linder. The applicant is here to modify a CUP, which has already been approved by Council. The basic modifications are to the location of the uses and the operating hours. The original CUP was for pharmacy retail with dual drive-thru, fast food restaurant with drive-thru, office retail building, and a 24-hour fuel facility. The proposed CUP is, again, for a pharmacy retail with dual drive-thru, fast food restaurant with drive- thru, office retail building -- the change will be rather than the 24 hour fuel facility, there will be a 5,500 square foot retail building. Staff is requiring that permanent landscaping be installed before Occupancy Permits are obtained by the applicant. The existing