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HomeMy WebLinkAboutAug 21, 2003 P & Z Comm minutesMeridian Planning and Zoning Commission Meeting August 21, 2003 Page 34 of 113 Zaremba: Okay. Centers: So what's the consensus? Borup: It looks like we don't have one, so let's --just to cover ourselves, let's go ahead and open Items 7, 8, and 9. I'm not going to go into any more detail than that. We will consider those items open. Centers: Okay. Then, I would move that we continue Items 6, 7, 8, and 9 to our September 18th meeting. Zaremba: And I will second that motion. Borup: Motion and second. Any discussion? All in favor? Any opposed? MOTION CARRIED: THREE AYES, TWO ABSENT Borup: Okay. Commissioners, are we -- would you like a short break at this time or would you like to proceed ahead? Centers: Yes. I would, please. Borup: Okay. We will take a short break at this time. (Recess.) Item 11. Continued Public Hearing from August 7, 2003: CUP 03-030 Request for a Conditional Use Permit for adrive-thru coffee kiosk in an L- Ozone for Coffee Kiosk by Donn Reiswig -east of South Eagle Road and south of East Franklin Road: Borup: Okay. We'd like to reconvene our meeting this evening and start with Item Number 11. This is a Continued Public Hearing from August 7th, CUP 03-030, request for a Conditional Use Permit for adrive-thru coffee kiosk in an L-O zone for Coffee Kiosk. This is east of Eagle Road and south of Franklin. Like to open this hearing at this time and start with the staff report. Siddoway: Thank you, Mr. Chairman, Members of the Commission. This is a request for a Conditional Use Permit to allow a temporary coffee kiosk on a portion of the land that's owned by Touchmark Living Centers for the Meadow Lake Village project. The Conditional Use Permit is required, because of the drive-thru and also because the Planned Development that's been approved on the lot, as a whole requires a Conditional Use Permit for any uses that is proposed. The applicant intends to use this kiosk for a maximum of two years or less if, another user is found for the site. They are proposing no freestanding signs. The kiosk is entirely self-contained and will not be hooked up to water or sewer and no trash enclosure is proposed to be provided and the Meridian Planning and Zoning Commission Meeting August 21, 2003 Page 35 of 113 applicant will empty the trash daily at the dumpsters located at the construction office. This is an aerial photo of the site. The RC Willey complex is to the northwest. Montvue Subdivision is directly to the west and the Touchmark Living Center Meadow Lake Village project wraps around it to the east and south. You should have received a new Site Plan today from the applicant and as I go through my staff report and the issues that were needing to be addressed, based on the original Site Plan, which was this one, we can go through and verify that they meet those conditions. This is a picture of the coffee kiosk. It is a small unit about 20 feet long and this is a site photo taken from the RC Willey side of Franklin looking directly at the site. Right in this location is the existing construction access drive that is used by the construction traffic into the site. There is an existing structure and the existing trees shown on the plan is this pine tree right here. The coffee kiosk would be located just right in the.-- in the hill. I don't know whether it's the toe or the top, but it's just right in the location 35 feet back from the right of way. You should have a -- the staff report with a transmittal date of July 31St and today's hearing date. To go to the special considerations, there were five items that I needed to point out for discussion. The first is the issue of the temporary use and, as I mentioned, he is requesting atwo-year temporary use. Most temporary uses we deal with are granted fora 12-month time frame. We would recommend that the 12-month temporary use be granted, with a possible 12-month extension. That will give this body an opportunity to revisit it after 12 months if there are any issues, be it stacking or traffic interference or noise or whatever might happen with this and we have added that as the first condition of approval. Point Number 2 is the sign. The applicant has stated that no freestanding signs are proposed. We would like to hold them to that and state that only on-building signage would be allowed in compliance with the L-O zone, which is the existing zoning district for the site. The third issue is the access and stacking. The ACHD report required that the original Site Plan be modified. First of all, they had proposed aright-in, right-out access. The right-out access was denied and they were told that they needed to use the access in alignment with Godians Avenue as the -- as a full right-left turn access, but it should be their only access for this project. That was the first major modification and, second, they required that a full 150 feet of stacking depth would be required from the edge of pavement along Franklin Road, measured into the window. If we go to the Site Plan that was received today, they have removed the second access and the traffic circulation from Franklin Road in is two ways. Then, he intends to sign it to have the cars come in this direction and exit from here and the depth from existing edge of pavement -- and I believe also from future right of way in and around measured to the window this way exceeds the 150-foot requirement. Now, there is construction traffic that does use this and one concern we had as staff is how much construction traffic is on here and are there potential conflicts if it backs up out of this area into the -- into the construction road and we have asked the applicant to address that tonight. Item number four is the parking and paving. There are no specific parking requirements for a temporary use. We have asked that at least two be provided, because there will, obviously, be at least one and potentially two employees that may need to use this and the applicant has provided those stalls. On this plan, they are dimensioned as nine by 18. I would just like to state that that 18 should be extended a foot to 19, but it looks like there would be no problem to do that. The standard parking stall size is nine by 19 in our ordinance. Item Number 5 is the buffer Meridian Planning and Zoning Commission Meeting August 21, 2003 Page 36 of 113 between land uses and given a commercial drive-thru use adjacent Montvue Subdivision, the buffer between land uses should be required in the strip between the driveway and the subdivision boundary. He has responded to that with a row of trees as shown on that plan. The only other one I need to point out is moving down to condition of approval Number 5, talking about the landscape street buffer. The applicant is providing the 35-foot setback, but no new trees are shown in it and we are showing the original Site Plan, so we would need to add some trees back into the 35- foot landscape setback in that area. That is already in there as a condition of approval, so with that, I will stand for any questions. Borup: Questions from the Commission? Centers: Yes, Mr. Chairman. Steve, did you see the health department requirement? I can't find the letter, but I had notes on it. Siddoway: I don't remember it, but I should have it. Centers: I don't know what happened to the letter. It was such that I made a note and - - in the ACHD report, I see they are requiring the applicant to put the sidewalk in on Franklin Road. That was just one thing that -- they are having to go to quite a bit for a temporary facility, aren't they? Siddoway: Yes Centers: I wish -- maybe the applicant could address the health department letter that I can't find. Thank you. Borup: Would the applicant like to come forward? Reiswig: Don Reiswig. 3360 North Montvue Drive, Meridian. Okay. In regards to answering on your letter, I do not have the answer for that and Ididn't -- Centers: Central District Health. Reiswig: Yes. For the health -- Centers: Can you tell me what it says? Reiswig: I don't recall. Centers: Here it is. I found it. It says: We will require plans be submitted for a plan review for any beverage establishment. Have you submitted the plans? Reiswig: I have not submitted the plan to them, no, sir. Meridian Planning and Zoning Commission Meeting Augus[21, 2003 Page 37 of 113 Centers: So, we don't know what they are going to say. I had a question, too, on restroom facilities. Reiswig: The mobile -- it has an indoor toilet, which is supported by a holding tank underneath, which would be pumped out. Centers: Like a travel trailer. Reiswig: Right. Centers: Okay. Zaremba: I understand you plan to carry trash to the construction dumpster. Reiswig: Yes, sir. Zaremba: But what about liquid? If you're making coffee, you're going to have to have a supply of water. How do you get that? Reiswig: Right. You bring that in, because to get -- for a coffee but or kiosk to be successful, you have to have consistent coffee and to have consistent coffee, you have to have consistent water and so you want a good source, a good supply of water that's not tainted by chlorine or other things like that, so -- Zaremba: So, everyday you will be bringing in quantities of water. Reiswig: Right. This is -- yes. It is -- it's an extra effort, but because of the use that Touchmark eventually sees in this corner, that's why it's for a temporary use. Yes, granted, it is requiring significant cash outlay and it is -- it is a gamble, but all businesses are a gamble. Zaremba: I think it's a clever idea and I hope it's successful. But -- okay. Let me ask, then, any waste --okay. If you are going to make coffee there is going to be waste. Reiswig: Right. Zaremba: Does that go into the same holding tank that your bathroom does or -- Reiswig: Right. All the liquid waste goes into the holding tank. Zaremba: Does somebody come out or do you take the trailer someplace and -- Reiswig: No. No. They come there. Presently, like on the other construction trailer that's on the site, a company comes every week and pumps it out. Centers: You probably have a 40-gallon holding tank. Meridian Planning and Zoning Commission Meeting August 21, 2003 Page 36 of 113 Reiswig: No. It's -- I think it's 150 or 200 gallon. It's a big one that sits underneath. Borup: Isn't this the same procedure as all the other little kiosks in the parking lots around town? I mean they are all doing the same thing. They have gat no central water or sewer in any of those, either. Zaremba: I guess I assumed they were hooked up to something. Borup: No. They are all the same thing. Reiswig: You will find most of them, depending on how permanent they are. A lot of them are very temporary. Zaremba: You don't plan to do any grill work, breakfast or sandwiches or -- Reiswig: No. Zaremba: Or Breakfast burritos or -- Reiswig: No. Zaremba: Okay. Reiswig: No. Centers: We stole your thunder, though. I mean do you have a presentation or do you agree with all the staff comments or -- Reiswig: No. I agree with the staff comments about the sidewalk out on Franklin Road. It's -- I find that particular requirement unique in that when we did the entry at the Franklin Touchmark intersection they told us not to put the sidewalk in and on this they said you either put the sidewalk in or post a cash bond. Centers: Well, that was ACHD, not the staff here. Reiswig: No. That was ACHD's requirement, not the staff. No. I found that interesting, but this was -- it's an opportunity if -- if the Conditional Use Permit is granted, for me to get prepared for retirement. I didn't get these white hairs for nothing. Centers: And the staff comments mention -- or requirements said no signage. You don't plan to put any signs on the north end of that building? Reiswig: No signs --freestanding signs off of -- Centers: How about signs on the building itself readable from Franklin? Meridian Planning and Zoning Commission Meeting August 21, 2003 Page 39 of 113 Reiswig: It depends upon how things go. You know, this is not -- Borup: That would be allowed on the -- signage on the building. Reiswig: The signage on -- if you go back, I think, to the slide that shows the actual thing, I think it said coffee -- coffee but or coffee cup or something on the roof when it was turned the other way, but when it was -- when ACHD didn't allow and we did the right-in and the right-out -- okay. It's not on this drawing. I have drawn this thing numerous times and so it didn't get on this particular one. When they said -- when the -- when ACHD did not want aright-in, right-out on Franklin, then, that makes -- you have only got eight foot there and so the putting of a sign there is not the most opportune place. I figured we are going to have to catch the eye with landscaping, because we are competing -- I have to have something that matches closely to the quality of the landscaping just down the street, since I also work for Touchmark, they are requiring probably a higher level of commitment from me than if you will do the same thing. Borup: Okay. Anything else you'd like to -- Reiswig: I'm not -- it's just -- it's an idea that I decided I wanted to try. I have a friend that has three of these and he's been beating on me for seven years to try it. I thought that I had an ideal location to try, because there is nothing on Franklin Road to catch that morning traffic in and also to catch the traffic coming into the construction zone and at the present construction traffic using that road is about 30 cars a day. We might get two or three trucks, depending upon the load work and as the commercial office buildings start in there, then, there will be more construction traffic particular to that site. When the city required us to put this construction road -- well, originally, St. Luke's had this construction road and, then, when we purchased the property from St. Luke's, then, we took over the construction road. One of the requirements was to continue it on out into the project, but since that time, with the new EPA regulations that have gone into place and the dust abatement and water contamination, for Touchmark, it has turned out to be a better use of our resources to use the asphalt road. Not have to worry about tracking of the dust and mud -- possible mud out onto any paved roads. The use of the construction road is going to now primarily to the commercial aspects of Touchmark and not into the residential on the east side of that development. Centers: I think the staff wanted you to address the amount of stacking that you had. Reiswig: Okay. Right. What ACHD said was they required 150 feet of stackable off of the edge of pavement and so coming from the edge of the pavement to where you turn into the driveway it's about 154 feet. Coming in -- Centers: It's 150 from here to here? Reiswig: No. From -- yes. From the edge of pavement down to where you turn in Meridian Planning and Zoning Commission Meeting August 21, 2003 Page 40 of 113 Centers: Okay. Reiswig: And -- Centers: How many cars can you stack in here? Reiswig: Okay. This -- Centers: You have to use the microphone. Reiswig: Three or four. Centers: Here is one right here. Zaremba: You can carry that one. Reiswig: You can stack -- okay. If a car is 19 feet long and there is 28 -- once you turn in there you can stack four cars easily. Centers: Now, are you going to have two lanes, it appears, or just one? Reiswig: Well, there will be two -- there will be two lanes there, so if they want to go on both sides --either side they can. Centers: So, you could put eight cars in there? Reiswig: Correct. Centers: Okay. Reiswig: Correct. I was thinking just on one side. Zaremba: Speaking of 19 feet cars, do you have any problem making the two parking stalls? Reiswig: No. Actually, I originally had it 20 feet and when I turned this around, I thought, well, I'd cut it down to 18. No, the 19-foot is not -- 19 foot is not an issue. And -- I think there was one other, but I don't remember what it was. I didn't write it down. Siddoway: Number 5, the landscaping along -- Reiswig: Okay. The landscaping. Yes. Originally - on the original application I didn't redo the Landscape Plan. If you notice, it says that -- up there that -- it says the existing -- using the existing plan that was originally proposed, Landscape Plan, and that original Landscape Plan that was -- it called for -- Meridian Planning and Zoning Commission Meeting August 21, 2003 Page 41 of 113 Siddoway: The Landscape Plan you're referring to? Reiswig: Yes. Yes. Yes. Along Franklin Road we would use that same Landscape Plan and, then, coming down on the west side along the Montvue property line, adding the trees and the grass that goes all the way back -- if you can flip to the other slide for me. Coming -- you can see where that -- as you come down the construction road to the south and you will see where the great big trees -- existing trees are. Then, you can see where the first smaller tree is, right in there that's an access road that's used occasionally by that homeowner and there is a gate there and so I didn't put anything in there. It's not quite to the berm and where the big trees -- the two big trees are here at the bottom on the south end, there is a berm there that goes south all the way to St. Luke's and so I left a little open area there, so that that homeowner can access the back of his property through there. Centers: Well, I guess what they are expecting, though, is they are expecting some -- correct me if I'm wrong, Steve, some landscape along Franklin Road, trees, et cetera. Siddoway: That's correct. Our minimum would be one tree per 35 lineal feet. Reiswig: See, that's addressed on this original plan. This is the original land -- this is the original Landscape Plan. Centers: Okay. Even though you have flipped it. Yes. Reiswig: Right. It's just that I'm not as proficient at auto CAD as I probably ought to be. Centers: Very good. Borup: Okay. Thank you. Do we have anyone else to testify on this application? Seeing none, Commissioners? Centers: I would move we close the Public Hearing. Zaremba: Second. Borup: Motion and second to close the Public Hearing. All in favor? Any opposed? MOTION CARRIED: THREE AYES, TWO ABSENT Siddoway: Mr. Chairman, before deliberating, I need to make one recommendation. On my first condition of approval, I have recommended a process by which they would be granted 12 months, with a 12-month extension. To get that extension they would need to submit a letter, come before this board, it would not be a Public Hearing we may want to add just another sentence to that that would say if any complaints are received, that would automatically trigger a Public Hearing on the extension. Meridian Planning and Zoning Commission Meeting August 21, 2003 Page 42 of 113 Centers: On the extension only? Siddoway: On the extension only. Centers: Otherwise, a Public Hearing wouldn't be necessary and staff could approve the extension? Siddoway: The Commission would the way it's written right now. We can make it staff if you -- Centers: Yes. That's the way I feel about it. Why not the staff? Zaremba: That thought occurred to me also. Siddoway: We can modify number one -- Zaremba: How does it get on the record, then? If it has to be on the record. Siddoway: Well, it wouldn't have to be in that case. Zaremba: Okay. Centers: But, as you say, if there were complaints, then, it would trigger a Public Hearing. Siddoway: If we receive a complaint, we would schedule it for a Public Hearing. Centers: Yes. Let's do it that way. Zaremba: I'm comfortable with that. Borup: Okay. That makes sense to me, too. This is a -- especially -- I mean it's a temporary business. I don't really have a lot of concern. Centers: Mr. Chairman, I will jump in. I would like to recommend approval of Item 11 on our agenda it's the Continued Public Hearing from August 7"' on CUP 03-030, request for a Conditional Use Permit for adrive-thru coffee kiosk -- Siddoway: Kiosk. Centers: Whatever. In an L-O zone for coffee kiosk by Don Reiswig, east of South Eagle Road and south of East Franklin Road, including all staff comments from their memo dated August 7~' and referring to Page 5, under the conditions of approval, item number one would be amended to allow the Planning and Zoning staff to approve the 12 month extension. However, should there be complaints prior to the end of the first 12 months, a Public Hearing would be required and the Planning and Zoning Meridian Planning and Zoning Commission Meeting August 21, 2003 Page 43 of 113 Commission would, then, recommend approval or denial. Number three. At least two parking spaces, nine by 19, shall be provided for employee parking. Including all other staff comments. End of motion. Zaremba: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES, TWO ABSENT Item 12. Continued Public Hearing from August 7, 2003: CUP 03-037 Request for a Conditional Use Permit to move into older home used as office space, pave portion of adjacent lot, use as dealership for used automobiles in a C-G zone for O.P.M. Enterprises by O.P.M. Enterprises, Inc. - 1065 East Fairview Avenue: Borup: Next item, Number 12, is a Continued Hearing CUP 03-037, request for a Conditional Use Permit to move into an older home used as office space, pave portion of adjacent lot, use as dealership for automobiles in a C-G zone O.P.M. Enterprises. We'd like to open this continued hearing and start with the staff report. Kirkpatrick: Chairman, Members of the Commission, this application is a Conditional Use for a used car lot. The applicant is proposing to use an existing older home on the subject property for office space for the used car lot and also for a mortgage business. The applicant is also proposing to use an existing shop for storage and for auto repair. The subject property is located at 1065 East Fairview. Some of the surrounding land uses are to the north. There is a commercial property zoned C-G. To the south, there is rural residential property. To the east, there is a rural residential property. To the west there is a property zoned C-2, which is a commercial property. I'll go through some of the major issues with this project. Staff is recommending approval of the project. Here is an aerial of the subject property. Let's see. The applicant is asking for alternative compliance on the eastern edge. Let me put up the Site Plan. Which -- let's see the orientation here. We have -- Fairview is to the north. The applicant is asking for altemative compliance on the eastern edge of the property from the landscaping standards. The applicant has an existing structure, which would make it impossible to meet the landscaping standards, so staff is recommending approval of this alternative compliance on the eastern edge of the property. The applicant will be required to make several fairly significant changes to the Site Plan before the Site Plan can move onto City Council. ACHD in their staff report has stated that the applicant cannot have two access points off of Fairview. This is going to result in the applicant having to connect the two parking lots -- you can see on the Site Plan -- because they will no longer be able to access each parking lot from a single access point. The drive aisle in the eastern parking lot must be modified to meet parking standards. They are going to have to add another 14 feet to the drive aisle, because it doesn't meet today's -- it does not meet the code's dimensional standards. I also want to note that currently sewer is not available to the subject property and the applicant will be required to hook up to