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HomeMy WebLinkAboutNovember 6, 2003Meridian Planning & Zoning November 6, 2003 Page 58 of B7 Zaremba: But the process has always included -- Hawkins-Clark: And we certainly have encouraged strongly at the pre-application meeting, that that occur. As Mr. Strite, who is in the audience, can testify on the Kissler property. But that being said, yeah, we have no ability to not accept the application if waht to move ahead, particularly when there is a development agreement that's in the process. Zaremba: Okay. My second question is sort of unrelated to that, but my recollection is that the project just to the west of the project that we are talking about here, didn't they include some storage units that the intention was to be the buffer between residential and non-residential? Hawkins-Clark: Yes, they did. Zaremba: So, in approving that one, everybody's concept was there that would not be any residential in the one we are talking about today. Is that true? Borup: I think that's a logical conclusion from what went on before. Zaremba: Yeah. Because they were preparing the buffer for this not to have any residential. Just a thought. Borup: That was based on the -- Zaremba: Oh the old Comprehensive Plan, I guess, but -- Borup: No, the current Comprehensive Plan. Okay. We had a motion and second. That was a long discussion. All in favor? Any apposed? MOTION CARRIED: TWO AYES. TWO ABSENT. Item 10: Public Hearing: CUP 03-049 Request for a Conditional Use Permit for an Emissions Testing Center in a C-C zone for Hark's Corner Emission Center by L&J Capital Ventures, LLC - 1651 West Franklin Road: Borup: Okay. I guess we could go ahead. Next Item, Public Hearing CUP 03-049, request for a Conditional Use Permit for an emissions testing center in a C-C zone for Hark's Corner Emission Center by L&J Capital Ventures at 1651 West Franklin. I'd like to open this Public Hearing and start with the staff report. Kirkpatrick: Chairman, members of the Commission, this is an application for a Conditional Use Permit for an emissions testing center. This application is here tonight because it's been deemed to be quasi-public use, which requires a Conditional Use Permit. That's why I think this is one of the first times we are seeing an emissions testing center as a Conditional Use Permit. The subject property is located at the Meritlian Planning 8 Zoning November 6, 2003 Page 59 of 87 southwest intersection of Franklin and Linder Road at the preexisting Hark's Corner Shopping Center and here we have an aerial. Let' see. This is a site plan. It's, actually, kind of difficult to see. The northeast corner of the subject property, the application proposed to place a structure which in the application they said it would be a six-by-eight foot wood frame building for an emissions testing center and I want to have the applicant clarify what size building they actually have constructed and, let's see, I wanted to -- probably go through some -- we should at least have some discussion about the -- the applicant has already constructed the building and has already started to operate the emissions testing center. So, they will address that this evening. I just wanted to let you know that that has happened and we have two -- I think you have a copy of this in your packet. What the applicant originally proposed and what I wrote my staff report on was a larger structure that had curbing around it and they had some landscaping and what's actually been constructed is a smaller -- a smaller wood shed, it doesn't have landscaping around it, it doesn't have curbing. So, my recommendation as staff, after seeing what's actually been constructed, would be for you all to think about doing condition of approval requiring them to submit a landscaping plan showing some initial landscaping and some curbing, just to kind of bring the structure to a higher standard. It meets the setbacks. We don't have any criteria that's strictly would address this or require additional landscaping. I just think it would make the site look a lot nicer. It's on a very visible corner here in Meridian at Hark's Corner, and the applicant will address that. They had some concern over losing some parking spots if they were to expand the landscaping and the curbing. So, they can go through that with you. But staff recommends approval of the application. It's definitely a suitable use for the area and compatible with the existing uses at Hark's Corner. We'd just like to see the structure improved a little bit with the landscaping, and do you have any questions of staff? Zaremba: And it -- you touched on it and it applies to this project and a whole bunch of others that I see around. There is a certain parking requirement -- parking space requirement that's related to the building or whatever operation is going on there. You say, okay, so many square feet or a certain kind of use you need this much parking. And, then, we put something in some of those parking spaces that is something other than cars parking there -- in this case we are talking about emissions testing and I think that's an appropriate corner to have one on, so that's not a problem for me, but other places I see them they set up a tent and put all their wares for sale out there and it stays there and stays there and stays there. Do we go around and say, well, now, wait a minute, this parking space has to do available for cars or you have to prove that you have otherwise enough -- that this is being taken in a surplus parking space. Kirkpatrick: Chairman, members of the Commission, I don't know previously how those emissions stands were permitted in Meridian, I know when I looked at this application, I made sure that they had enough parking -- they actually had a surplus of parking before I permitted them -- before I wrote my approval for them to put this building in and use up some parking spaces. Zaremba: Okay. Meridian Planning & Zoning November 6.2003 Page 60 of 67 Kirkpatrick: So, they have adequate parking for this Zaremba: In this case. Kirkpatrick: And in the future when all of these emission-testing centers come in for permits, we will be doing the same evaluation. Borup: The only question Ihad -- and back to your comment on landscaping around this, the plans we have submitted shows some pretty extensive landscaping along the street buffer. I don't see it in the photograph. Because they are not mature yet or was that landscaping ever completed? Kirkpatrick: No, actually what was proposed -- I believe the applicant explained to me, it was a different bed -- Borup: Well, no, I understand that. My question is more on the overall site Kirkpatrick: Some of that landscaping was a part of Hark's Corner two and they haven't -- I think they are just starting construction now, so they won't be required to put up landscaping in the -- Borup: But I'm looking at the landscaping that's shown on this site plan right behind the building and it's showing three trees along there with some extensive stuff on -- extensive landscaping on the corner. There we go. Kirkpatrick: Well, you can see this is an aerial and I'm not sure -- I'm not certain of the date of when this aerial was -- when this aerial was flown. Borup: It doesn't seem to be the same as what --the landscaping plan. Kirkpatrick: To answer your question, they should not be signed off on occupation for these buildings until the landscaping has been -- and I don't know -- and I don't know if they have bonded for that landscaping. It hasn't been put in. That's a possibility. Or if that's a part of Hark's Corner two and they haven't been required to put it in, because that hasn't been constructed yet. Borup: Okay, and the reason I brought that up was your comment that is a visible corner and landscaped around it, it looked like, you know, the landscaping on the street scope should already have been taken care of. Kirkpatrick: Chairman, members of the Commission, for instance, mentioning to you that there is a long history, I guess, which I'm not privy of -- concerning the landscaping on this project and the applicant can talk about that. Borup: Okay Meridian Planning & Zoning November 6, 2003 Page 61 of 87 Kirkpatrick: And if it's something you need to have researched; I can come back and let you know. Borup: Okay. That might be -- unless the Commissioners have anything else, let's go ahead and see if the applicant would like to make their presentation. Hall: Good evening, Chairman, Commissioners, Jeffrey Hall, 1651 West Franklin Road. Good to see you guys again. We will definitely touch on the landscaping. Sorry Larry couldn't be with us tonight, but least you won't have to wear earplugs, so that's good. The first thing is we have received several requests from the public to have an emissions testing center and the next thing you know we received several requests from emissions testers to put one of those ugly little red vans on our property and we decided, no, that's not us. We have a classy act out there and we want to keep it a class act. One of the first pictures that we saw -- if you can go back to the first bid, we actually had a customer bring this to us and it was a huge building and had some landscaping around it and everything else and he's never even done one of these, but we thought it was a pretty nice picture, so we actually submitted that with our CUP app and I will get into the history of all of that and everything. But we finally decided we are going to do this ourselves and we are going to make it a class act and it's going to look nice. What we did is we decided to construct asix-by-eight building, which is that building right there, and we had purchased the equipment for this, which is about 20,000 dollars, and, as you know, Larry and I, sometimes we put wagon before the horse and -- not that it happens all the time, but we went ahead and decided to go ahead and get this going and get the ball rolling. With all previous emission testing centers, vans or otherwise, in the City of Meridian they have always had to have a CZC, we just go take it into staff, sign off on it, bang, it's done. So, we went in to do that and under the new P and Z administration Anna said, no, this is -- here we go with the quasi public thing you guys heard a little bit about tonight and we are going to do the CUP process on this one, so we are the first guys to do this and that's okay, we don't mind, we are just -- we go with the flow. Kind of like the landscaping with the trees, if you remember that whole ordeal. I don't know. So, anyhow, we went ahead and got the CUP going and they were advised at that time that the ball was rolling and we were told that since the ball is rolling, we are going to give some special circumstances here and you guys, you know -- if you guys put up the building and get it operating right now, you guys are risking getting a letter from us, but you guys will be going in front of the Commission anyways and you guys will be able to get everything legalized, so that's what we are doing here. The six-by-eight building that we constructed is not in a parking spot, it is -- and, also, keep in mind the parking spots that you see there are not required parking spot, they are RV spots that we put in ourselves. They are something that we wanted to -- so the trucks can came in at lunchtime with the trailers, the school buses, which we are going to have 240 of them across the street pretty soon, that type of thing, that's their parking. We put this six-by-eight building -- the reason we had to make it so much smaller than the original picture you saw, is because we did not want to take up any of those RV spaces. In addition, the other reason we don't have landscaping around it is because the equipment that comes out of those -- you have Meridian Planning & Zoning November 6, 2003 Page 62 of 87 had an emissions test, unless you live in Kuna or somewhere else, I guess. They have about a ten foot cord that goes to your vehicle, it either goes into your computer or goes in the back of your tail pipe and I'm not really one of these guys that know much about this, but I do know that they are about ten feet and if we had a landscape buffer around the building right there, we would be kind of messed up. The car would have to be so far away and it wouldn't have a chance to be able to put the equipment into it. So, that's why we do not have any landscape around it. Plus, we do have our existing landscape buffer that is between the building and Linder Road. It is totally landscaped now. It has been since day one and -- Borup: The site plan shows three trees right to the east of the -- Hall: Oh, yeah, we have -- Borup: Are they all there? Hall: Yeah. Borup: Okay. They just don't show on this -- Hall: Whenever that picture was taken they didn't have leaves on them or something, because those are the trees that we replaced with those -- the evergreen thing issue. Borup: Oh, that's right, Hall: Yeah. So, anyhow, we have replaced those evergreens with some beautiful nice flowering trees. So, we got that going. Everything is all good there. So, it is beautifully landscaped on the one side of the building and there is not any other emissions testing center that I know that has -- especially the vans, that have any landscaping around them. I mean -- and it's not required for us and yeah, it is pretty. I got to agree it would be beautiful, but, unfortunately, it just wouldn't be consistent with our use. Borup: So, why did you submit the first plan with landscaping around it? Hall: Well, we were kind of in a rush, to be honest with you, but, then, we submitted this new picture, because Wendy said, Jeffrey, you probably need to submit something different. So, we did submit the updated picture -- the revised picture of what it's going to look like. Borup: But I thought the other one wasn't an actual, it was a composite picture that -- Hall: It was. That one was just a composite thing of what it would look like. Actually, the gentleman that did that for us did it up real quick and he brought it to us and we put it in with the CUP app, because we only had a couple days to get the CUP app in, in order to expedite this process. So, that's where we are at there. Meridian Planning & Zoning November 6, 2003 Page 63 of 87 Borup: But that one -- was the hose going to be in the way of that one? Hall: Was the what now? Borup: You said the hose would cause problems with the landscaping, but you got it drawn in this picture. Hall: The hose? Zaremba: Wouldn't be long enough. Hall: Yeah. The hose wouldn't be long enough. There is -- I don't know of any hose that's in that picture. Borup: Yeah. Well, why was it designed that way, then? Hall: Well, because that gentlemen didn't ever run an emission test and -- Borup: Okay Hall: -- I don't think he knew what he was doing. He definitely wanted to do one, but I -- unfortunately, he's never done one and we learned alot -- Larry and I learned a lot about this, too. We never thought we would be in the emission testing business either, so -- and we did do the prefab building, six by eight. It's beautiful it matches the colors of our current Shell station and our current building. We even -- I mean we got the same paint colors, everything to the T. There is a comment from the Fire Department requesting compliance by providing street numbers and a fire extinguisher in the building, we have complied with that, and you now have a fax in front of you, which -- from the Fire Department today, which shows that we have complied with that. So, that was the comment we had there. Otherwise, that's all I have for you, if you have any other questions. Borup: Questions from the Commission? Zaremba: I think you answered the question I was going to have. This appears to be a black and white building on this black and white picture. Hall: It's yellow, red, and white. Just like Shell. Zaremba: But the question I was going to have is can you make it match the building, but, apparently, it does. Okay. Hall: You bet. Rohm: So much so that I have never noticed it and I drive by that corner everyday Meridian Planning & Zoning November 6, 2003 Page 64 of 87 Hall: Do you really? Rohm: Every day. Hall: Man. Borup: I didn't notice it until yesterday. Hall: I got a new customer. Thank you, and, of course -- as you know, one other thing I want to add, too, is that is a -- you know, six-by-eight building like that, it is portable, we can move it, even though we do have power and everything hooked up to it right now. But we can always move that to different areas and down the road -- you know, we are on phase two right now, it's in for building permit, we have got a Subway going in down there., we have got a Mexican restaurant, all kinds of stuff going on phase two gearing up for the school buses going across the street and stuff, we may move this somewhere else on the lot, if we decide to, down the road. We are not sure yet, but we will address that if we ever want to move it somewhere else down on that lot. Zaremba: Does that require a new application to have it in a different location? Kirkpatrick: Chairman, members of the Commission, if they have a proposed place and a time frame to move it, they need to get that approved tonight: Hall: Yeah. We don't -- we don't have anything like that. We are going to actually see hov/ it works right now and if it needs to be moved down the road, we come back to you and come in front of you and ask you for permission to -- Borup: Are you aware of any -- are there any -- are there any buildings in Meridian now that are being used? I don't think Meridian has all that ;- Hall: There is actually -- there is actually two right now on Fairview. Borup: Well, one of them is in the county. Hall: You have got the one on Fairview in front of Rocky Mountain Body Shop, which is just -- Borup: I think you're right. But that is one of the small buildings. That's in the city, I believe. I mean that should be in the city. Hall: Yeah, and then, you have got the one down on Fairview just before you get to Locust Grove. Borup: That one is in the county. Hall: Okay. Well -- Meridian Planning & Zoning November 6, 2003 Page 65 of 87 Borup: But that's a building also, isn't it. Hall: Yeah. That is a building. Yeah. I think -- I think -- I mean the vans are convenient for people, but I think we just won't allow that on our property, so -- Bdrup: Okay. Rohm: I like the building better than the van. Zaremba: Yeah. I have been in the one that's in front of Rocky Mountain Collision Repair -- Hall: Oh, have you? Zaremba: -- and it appears to function well. I, actually, think it's more practical than the vans from the operator's standpoint. Hall: I think it is, too, and the cost of building a building is -- I mean versus buying one of those vans -- and I don't know. It's been pretty simple for us. Borup: Wendy could you -- it sounds like there has been a change in direction on approval of these testing facilities. Could you expand on that a little bit? Kirkpatrick: Yeah. This is, actually, a decision made by Anna when she started with the City of Meridian, that these are aquasi-public use, because they are regulated through the state government and because they are aquasi-public use, they need to be permitted as a Conditional Use Permit, and Ithink -- it's a new policy change for Meridian, but this is -- so, we will now consistently be treating all emissions testing centers as Conditional Use Permits. Zaremba: That certainly makes sense if it's a physical building. Is she including the vans, though, too? Kirkpatrick: The vans will be included in that. Zaremba: Okay. Borup: And, then, what type of -- what are you looking at as far as -- landscaping was mentioned earlier, so what are we looking at as far as landscaping? Kirkpatrick: Well -- and, actually, when I talked to the applicant previously, I didn't know about the ten-foot limit on testing equipment they use. Zaremba: The hose. Yeah. Meridian Planning R Zoning November 6, 2003 Page 66 of 87 Kirkpatrick: So, I just wanted to -- you know, my personal opinion is that it would look nicer if there was landscaping. Borup: So, that's what I was going to ask. Was the landscaping just to -- just to address the physical appeal a little bit? Kirkpatrick: It is. Borup: Not necessarily any set standards, then? Kirkpatrick: Correct. It meets all the required setbacks currently. Borup: Well, I had a couple comments on that -- and, again, maybe we are spending too much time on this. It looks like the building is not quite up against the curb; is that true? Hall: The building is -- Borup: Is it touching the curb? Hall: It is about four inches from the curb. Borup: Okay. Hall: Just enough to get atwo-inch conduit up that's coming up right here for power. Borup: I'm, again, thinking along the lines of landscaping. You know, a little planting bed or something along the building in the existing grass area I don't think would be real difficult to do. Hall: Unfortunately, nobody from the street would be able to see that, because we have -- we a have a berm type situation. Borup: Is it high enough that it would -- well, depending on what you planted it in. Hall: But then, I think it would cover up that big thing that says emissions testing that brings people in. Borup: Well, the only other thought I had on landscaping is -- yeah, the one you submitted, which -- probably ought to be -- should have been more careful on what you submitted the first time -- shows regular landscaping beds and stuff, but I think you could get some of that same appeal with just some nice planters, movable planters. Hall: You know. We were actually talking about putting a planter on each corner of the building. We may -- you know, because just in case we get the little gal that doesn't see so well and pulls in and -- Meridian Planning & Zoning November 6, 2003 Page 67 of 87 Borup: A nice concrete planter. Hall: Yeah. I'm thinking that would be great. That would probably prevent some damage to the building, so -- you know, we are probably going to do something like that and -- Borup: That would spruce it up a little bit. Hall: Oh, yeah, and one thing about -- when we brought the packet in for our plan review, Anna said -- you know, she did say just submit this, this should be fine, and we said this is not what the building is actually going to look like, and she said just get it submitted, let's go. So, I'm sorry if we turned that in. We probably shouldn't have turned that specific drawing in. Borup: Probably not. Hall: That's why we -- that's why we -- on advice of Wendy, got you a brand new picture and that's an actual picture. Rohm: So, you wouldn't be opposed to a planter. Hall: Sure, we will put a planter. You know, we'd love to put a planter there. Rohm: A freestanding planter. Hall: I mean that's something -- you know. Borup: Wonderful. Hall: That's a piece of cake. I think we could probably go down to Home Depot and find something like that. Zaremba: Well -- and I agree trying to hide the building with esthetic planting defeats the purpose of having the building there in the first place. Hall: Unfortunately, it's kind of difficult with that berm to really get a lot of exposure, but we put -- the signage on the building is up very high, so they can at least see the top, You know, when you're at the corner. I mean you can't, unfortunately, look -- Rohm: I might see it tonight going home. Zaremba: But does the sign comply with the sign ordinance? Hall: Yes, it does. Meridian Planning 8 Zoning November 6, 2003 Page 68 of 87 Kirkpatrick: Actually, I think that they do -- they were able to submit a sign application for the signs that have been put up. Zaremba: Well -- and I can see the sense -- you know, this is a drive-up window, essentially, so it does need to be a CUP. I can see they should all probably be CUP's for -- Kirkpatrick: And, then, one additional note, we were going to request the applicant take the strobe like out of the window of the emissions -- Hall: You know, one thing is we look at it this way: If -- if there is going to be CUP's required on all these emission testing centers, we -- you know, .Larry and I have gone through this process several time, we know how to do CUPS and we are used to it. I don't think the other type of people that are in this kind of business, I don't think they are really going to want to go through that big process, so I think our competition is going to be narrowed down quite a bit, so that will be okay. Borup: So, you want to see more restrictions -- Hall: Absolutely. We are here now, so let's just keep it on. Borup: You want to add a few more? Hall: Well, not to ours, but let's go ahead and talk about -- Borup: Okay, are we ready to move on, then? Thank you. Rohm: I move that the Public Hearing be closed on CUP 03-049. Zaremba: I'll second that. Borup: Motion and second. All in favor? MOTION CARRIED: TWO AYES. TWO ABSENT. Zaremba: Mr. Chairman, I move we forward to the City Council recommending approval of item ten on our agenda, CUP 03-049, request for a Conditional Use Permit for an emissions testing center in a CC zone for Hark's Corner Emissions Center by L&J Capital Ventures, LLC, 1651 West Franklin Road, to include all staff comments -- let's see. Did the staff comments include a landscape buffer? Do we need to cancel that? Kirkpatrick: No, actually, that was not included. That was before I had seen the actual photo. Zaremba: To include all staff comments of their memo dated November 6, 2003. Meridian Planning 8 Zoning November 6, 2003 Page 69 of 87 Rohm: And including a planter? Borup: Not a landscape buffer, but a decorative planter -- at least one on one corner of the building. Rohm: There you go. Perfect. I'll second that motion. Borup: Sounds good to me. Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: TWO AYES. TWO ABSENT. Item 11: Public Hearing: CUP 03-050 Request for a Conditional Use Permit for a new bank facility with drive up tellers in an OT zone for Farmers and Merchants State Bank by CSHOA - 703 North Main Street: Borup: Okay. The next item is number 11, CUP 03-050. Zaremba: Mr. Chairman, we have a request from the applicant that this be continued to the meeting of December 18th, 2003. Unless there is somebody here to testify, I would so move. Borup: We need to open it first. Zaremba: Oh, I'm sorry. I thought you did. Borup: I'm sorry. Wait a minute. Zaremba: I preempted you, didn't I? Borup: I don't know. I had forgotten. I didn't open it. I'd like to open Public Hearing CUP 03-050. Zaremba: Mr. Chairman, I move that this Public Hearing be continued to December 18th. 2003. Rohm: Second. Zaremba: At the request of the applicant. Rohm: Second. Borup: Motion and second. All in favor? MOTION CARRIED: TWO AYES. TWO ABSENT.