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HomeMy WebLinkAboutAugust 7, 2003 P & Z MinutesMeridian Planning and Zoning Commission Meeting August 7, 2003 Page 96 of 104 Rohm: That's sufficient. Zaremba: And, two, we believe residential is not appropriate next to the current neighboring uses. Borup: And a clarification. Do we do a recommendation to City Council or do we just make our own -- make our own findings? Powell: Findings. Borup: Okay. This one would not go to City Council. The motion would be to deny it. Zaremba: I revise my motion to say that we deny it on those grounds and ask the attorney to supply Findings of Fact for denial. Rohm: Second. Borup: Motion and second. Any discussion? All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Mr. Chairman? Borup: Commissioner Zaremba. Zaremba: This would be forwarded to the City Council, I believe. The CUP. Borup: I think so. Zaremba: Okay. In that case I recommend we forward to the City Council recommending denial of Item 14 on our agenda, CUP 03-032, request for a Conditional Use Permit fora Planned Development fora multi-family residential subdivision, requesting reduced setbacks, parking standards, and dimensional requirements for proposed Mayfair Commons Subdivision by Wildwood Development, LLC, 1125 East Pine Street. Rohm: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES.. ONE ABSENT. Item 16. Public Hearing: CUP 03-035 Request for a Conditional Use Permit for a material arts /self defense establishment for children in a C-N zone for Meridian Planning and Zoning Commission Meeting Augusl 7, 2003 Page 97 of 104 Karate For Kids by Petra, Inc. -southeast corner of South Linder Road and West Franklin Road: Borup: That concludes those three hearings. Thank you. Okay. Commissioners, we need to make alittle -- is Karate for Kids still here? Okay. If the other Commissioners agree, I think we owe it to at least hear this -- this one and we will go from there. Are we okay with that? Okay. I'd like to open Public Hearing CUP 03-035, request for a Conditional Use Permit for a martial arts /self defense establishment for children in a C- Nzone for Karate for Kids by Petra, Inc., on the southeast corner of South Linder and West Franklin and open this Public Hearing at this time and start with the staff report. Siddoway: Thank you, Mr. Chairman. Before I go into that, let me just state before I forget that I believe that we need to formally open the Public Hearing on the Coffee Kiosk and continue that. Borup: Did I pass that? I'm sorry. I did. Well -- Siddoway: We can do that after this, if you want. Borup: Yes. Let's move that to the end of the agenda. Siddoway: That's fine. I just wanted to make sure we didn't forget to open it. Borup: No. That's what I planned to do was discuss that before we dismissed. Siddoway: Okay. All right. Thank you, Mr. Chairman, Members of the Commission. The Karate for Kids project is proposed at the intersection of Franklin and Linder Roads in the site that's outlined on the screen. It is across Linder from Hark's Corner and surrounded on the south and the east by Crestwood Estates Subdivision, to the -- here, let me get this. To the immediate east of the property is an RV storage lot for the Crestwood residential subdivision and just south of it is the tennis courts for the Crestwood Subdivision and south of it in the white area is a storm water detention pond that belongs to ACHD. The Hark's Corner development across to the west is a gas station, Arctic Circle, car wash development and most of the property to the north remains undeveloped. This is the site photo from a few years back. Hark's Corner exists in this location now. It wasn't there when this photo was taken. You can see the existing residential subdivision wrapping around in this area. This is their proposed Site Plan. Overall, staff has no concerns with the project as proposed. You should have a staff report with a transmittal date of July 31st and today's hearing date August 7th. There are on pages four and five eight special considerations related to tree removal. A future expansion that's proposed, the rear setbacks, the parking row, the tree sizes, the lot size, the drainage ditch, and parking calculations. I only feel to bring up two specifically for any discussion, unless there are questions of the Commission. That would be the last two, seven and eight. The drainage ditch, which is shown on the Site Plan as running through the street buffers along Linder and Franklin. We ask that the applicant verify whether there was any easement associated with that piping that would Meridian Planning and Zoning Commission Meeting August 7, 2003 Page 98 of 104 preclude the landscaping that is being shown and proposed. I have heard back that there is no easement, but I'd like to get that on the record tonight. Secondly, the parking calculations, since there is no specific mention of karate studios, dance studios, and the like in our parking standards, this would fall under Ordinance 11-13-5B 8, which says that for uses not listed, parking spaces shall be provided on the same basis as required for the most similar listed use or as determined by the Commission. I would just ask the Commission to make the determination that this is adequate parking. I believe I have put in the following paragraphs staffs analysis and feel confident that this is adequate parking, but would ask the Commission to make that same finding. With that I will stand for any questions. Borup: Questions from the Commission? Would the applicant like to make a presentation? Anything you'd like to add? Nye: Members of the Council, just -- Borup: State your name and address for the record. Nye: I'm Michael Nye with Petra. Business address 9056 West Black Eagle Drive, Boise. Borup: You didn't catch that after being here for this many hours? Nye: You know this is the first time I have ever been here. Borup: Okay. Thank you. Nye: Usually, the architect does this or somebody. I don't know. Borup: Okay. I think the only question was on the ditch -- you were going to clarify on the ditch. Nye: Yes. A clarification on the landscaping. We will do --there is not an easement on that and if there are issues regarding the trees of whatever as planted in that landscaping area, if we need to modify that, we are willing to do that. Whatever is necessary to accommodate the underground water piping of that irrigation. Borup: I think that was the only question, wanted to make sure there wasn't an existing easement through there and -- Nye: Right. Borup: -- verify that it is not is that your testimony for the record? Nye: Yes. Meridian Planning and Zoning Commission Meeting August 7, 2003 Page 99 of 104 Borup: Okay. I am going by the staff calculations. There is probably no conceivable use of that that would require more parking than what you already have. Okay. Any questions for any of the Commission? Thank you. Do we have anyone else to testify to this? Seeing none, Commission? Zaremba: Mr. Chairman, I move the Public Hearing for Item 16 be closed. Mathes: Second. Borup: Motion and second to close the Public Hearing. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Mr. Chairman, I move we forward to the City Council recommending approval of Item 16 on our agenda CUP 03-035. Request for a Conditional Use Permit for a martial arts /self defense establishment for children in a C-N zone for Karate for Kids by Petra, Inc. Southeast corner of South Linder Road and West Franklin Road, to include all staff comments of their memo for the hearing date of August 7, 2003, received by the city clerk August 1, 2003, and noting that on Page 5, Item 7, and the applicant has stated that no easement exists and, therefore, the standard landscaping requirements are required. On Item 8, we agree with staff that under all configurations parking is adequate. Borup: That was your motion? Zaremba: That was my motion. Rohm: Second. Borup: Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15. Public Hearing: CUP 03-030 Request for a Conditional Use Permit for a drive-thru coffee kiosk in an L-O zone for Coffee Kiosk by Donn Reiswig -east of South Eagle Road and south of East Franklin Road: Borup: Mr. Wardle came back. I thought we would be able to do this with you gone. Okay. We do have some clean up to take care of, Commissioners. Back to Item Number 15, the Coffee Kiosk. They have asked to be continued to the August 21st meeting. Zaremba: Open the hearing? Borup: Yes, I guess we need to. I'd like to open Public Hearing CUP 03-030, Conditional Use for adrive-thru Coffee Kiosk.