HomeMy WebLinkAboutJan15,04 Public HearingMeridian Planning and Zoning Commission Meeting
January 15, 2004
Pg. 88 of 125
Freckleton: Mr. Chair, what we had suggested was that prior to submittal of the final plat
application. Before the final plat is entered into the process we would like to see the
resolution.
Zaremba: Oh. Okay.
Borup: That would be part of the submittal.
Freckleton: Correct.
Zaremba: I thought I heard it a different way. Okay. So, I will amend -- everything else I
said is -- still stands, but I will amend the statement for paragraph 11 on page seven to
read: Applicant and neighbors, the Englishes and Converses, shall provide a letter of
agreement regarding water delivery prior to submittal of the final plat.
Borup: Okay.
Zaremba: And I already expressed a new paragraph 12. End of motion.
Rohm: Second.
Borup: Motion and second. All in favor? Any opposed?
MOTION CARRIED: ALL AYES.
Zaremba: Mr. Chairman, I move we forward to the City Council recommending approval
of Item 13 on our agenda, CUP 03-059, request for a Conditional Use Permit for a
planned development for reduced requirements for frontage, lot size, minimum house
size, and street side building setback in a proposed R-8 zone for proposed Cobblefield
Crossing Subdivision No. 2 by Initial Point, LLC, 1295 West McMillan Road and, then,
again, t he C UP w ould b e a pplied t o t he P reliminary P lat w ith t he e ngineering s tamp
dated 11/12/2003, to include all staff comments of the staff memo for the hearing date
of January 15th, 2004, with no changes. End of motion.
Rohm: Second.
Borup: Motion and second. All in favor? Any opposed?
MOTION CARRIED: ALL AYES.
Item 14: Public Hearing: CUP 03-064 Request for a Conditional Use Permit for a
Planned Development for two buildings on one lot in a L-O zone for
Capital Christian Center by Capital Christian Church - 2760 East
Fairview Avenue:
Meridian Planning and Zoning Commission Meeting
January 15, 2004
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Borup: Thank you. Before we go to the next one, I might want to just mention pertaining
to Salisbury, we are -- the hour is getting late, but people have been here and stuck with
us, so we are not going to cancel it. But because of the number of issues, it looks like it
will probably be continued. I thought I'd just mention that at this point. But we will stilt
open the hearing and I guess maybe we will determine at that time whether to do an
abbreviated presentation or what we may want to do, but I just wanted to mention that
before we proceeded on. The next item, Public Hearing CUP 03-064, request for a
Conditional Use Permit for a planned development for two buildings on one lot in an L-
Ozone for Capital Christian Center. Like to open this hearing and start with the staff
report.
Kirkpatrick: Chairman, Members of the Commission, this is an application for a
Conditional Use Permit and a planned development. The .applicant is here with a
planned development, because they are requesting to construct more than one building
on a single lot. They are also requesting a modification of dimensional standards. The
zoning district which they are located in, which I believe is L-O, has a maximum building
height of 35 feet. They are proposing structures -- one which will be 75 feet in height
and a second one which will be 44 foot six inches in height. And I'll go through where
the p roperty is located. It's on the north side of Fairview and just to the west of the
northwest interchange or intersection of Eagle and Fairview. And some of the
surrounding properties. To the north we have the Packard Subdivision. To the south --
actually, directly to the south we have Fairview Road. And to the south of Fairview Road
we have the Treasure Valley Business Park Subdivision. Eagle Road is located to the
east. Actually, the property that's directly adjacent to the property to the east is still
zoned RUT and located in the county. And to the west we have -- actually, to the
northwest we have the Dove Meadows residential subdivision and directly to the west
we have the Angel Park Subdivision, which is zoned C-G and that's like where Louie's
Restaurant is, just to kind of give you an idea where this application is. And I will run
through their proposal and here is an aerial. Let's see if I can find a better site plan.
Currently there is an existing sanctuary, which will be converted into offices and a
fellowship hall. The new structure that they are proposing to construct include a 33,732
square foot sanctuary and I'll just go ahead and show you what the structures are going
to look like. This is the proposed sanctuary, which they are also proposing 75 -- a
modification of dimensional standards to have a 75 foot tall structure. Again, the
sanctuary is 32,000 -- almost 34,000 square feet. They are also proposing a prayer
center, which will be 11,344 square feet in size. And let me see if I can go back to the
original site plan. T hey are also proposing a n enclosed plaza which will connect the
existing church to the new sanctuary and you can see the existing church is kind of the
square there 'and the enclosed plaza which will connect the existing church and the
sanctuary will be 10,559 square feet in size. And I'tl go through a couple of the -- the
issues that have come up. The sanctuary will have 2,480 seats. The applicant -- they
are actually removing some parking and, then, adding some additional parking. They
will end up having a total of 550 parking spaces, which is .adequate parking for the
sanctuary. I'm asking the applicant this evening to give us some further clarification on
the prayer center, which is the pyramid building. It's going have 496 seats, in addition to
some office space, and I wanted to get some more clarification from them on exactly
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January 15, 20D4
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what activities are going on in the prayer center, what the hours of those activities are,
to see if there is any conflictorif thereis apotentialto have--I guessitwouldbe
almost 3 ,000 seats being used at o ne t ime, because that would change the parking
standards. I also wanted clarification on what exactly the uses are, so we can decide
whether we would apply the sanctuary parking standards, which would be one parking
spot for every five seats or if there is any type of other use, like a professional use, then,
the parking standards would change. So, I want to get a good idea of what's going on in
that building. I think the applicant's prepared to give you that this evening. I will go back
to another modification the applicant was asking for and probably your plans that you
have will give you a better idea of this part. They are asking for a modification of the
parking standards and they are asking -- this is actually in the northern part of the new
parking that they are proposing. They are proposing to leave out the landscaping
islands, which are required for every 12 park spaces you put in and staff is not
supportive of this request. There really aren't any site constraints which would restrict
them from putting the landscape islands and the applicant hasn't really made a good
case for why they -- why they would need that request to be met. And I will go through
kind of some of the height issues. They are asking for the modification of the maximum
height standards for the L-O district. Both the prayer center and the sanctuary are over
height. I also want to point out -- and I will go back to the site plan -- that neither of
these structures are going to be immediately adjacent to any residential property. The
property that is to the east is undeveloped and the property to the west is the Angel
Park Subdivision, which is zoned C-G. The closest residential subdivision is -- I believe
it's Dove Meadows, which is there to the northwest. So, you can see the parking,
actually, is sort of a buffer between these two over-height buildings and the residential
subdivisions. So, staff is supportive. We think this is an innovative project. We are
excited to see kind of unique buildings going on in Meridian and we are supportive of
the variance from the height restrictions. Do you have any questions of staff?
Borup: Questions from the Commission?
Zaremba: I do have a question. The church that's on Chinden and Meridian, I think it is,
Catholic church, which is actually in the county, so you may not know this answer. Do
we know what the height of that is, just for perspective? Top of the dome or whatever.
Kirkpatrick: I don't
Borup: I think that's taller than this. And I notice from the plans here that the square part
of the building is 41 feet and, then, the dome goes some above that, so --
Powell: Chairman Borup, Commissioner Zaremba, the Ada county building code, as
well as own building code, do allow exceptions to the height standard for steeples. Is
that the high part that you're referring? I'm not --
Zaremba: I'm just trying to visualize the size of this building at 75 feet. And I agree, as
Chairman Borup pointed out, that the occupied par[ of it only is 41 feet and, then, all the
rest of it is open dome that is not accessible or occupied. I supposed it can be cleaned,
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January 15, 2004
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but it's not for use, but I was just trying to visualize as you drive down Fairview is this
going to be roughly the shape of the -- roughly the height of the Catholic church that's
on Chinden. But that's not in the city, so I'm not surprised if nobody knows that answer. I
guess my comment on the height would be the Meridian fire department does not have
a ladder company, which means they don't have the capability of emergency response
to a very tall building, but, o n the other hand, that p art of t he b wilding that probably
exceeds their capability is not occupied, so I'm not sure that would make a difference to
them or not. I'm sure they'd require sprinkling and --
Borup: The rest of the building is stucco with no windows it appears, too. So, there is no
place for a ladder to go, other than on the roof.
Zaremba: Yeah. That's true.
Borup: Okay.
Zaremba: I think it's a neat idea, I just want to make sure that there can't be an
emergency sometime that can't be solved.
Kirkpatrick: Chairman, Members of the Commission, we did actually have a letter from
Joe Silva from the fire department and there is no mention of any concerns about height
of the structure.
Zaremba: Yeah. I noticed that.
Borup: Okay. Would the applicant like to come forward?
Marsden: For the record, I'm AI Marsden, 5636 South Alyssum Street in Boise, Idaho. I
represent the client in this particular project and we are here to ask for your approval of
this unique project. We were very excited about its design and its capability to serve the
public and this is a church function, so I need to describe what the church function is,
basically. We have the existing auditorium that we currently have has about 1,200
people coming to services every Sunday and we need to have one facility that we can
operate one service every Sunday and the purpose of the auditorium is to
accommodate that and that is also for what we have on the lower floor and a balcony,
which is within the dimension requirements of 35 feet. So, the issues of height should
not be a concern, because primarily the only height is really the outside dome and the
reason for the dome is to make sure that we have a free span of 150 feet, so that we
don't have any columns inside the sanctuary area. The purpose behind that -- we don't
want to block any visual reviewing of the activities in the sanctuary. The basic purpose
of the project is simply that. The secondary purpose of the project is to create a prayer
center and a prayer center by -- probably you have never been familiar with that
cbncept. It basically allows people of the church to have 24 hour, seven days a week or
any combination of that time, to come and pray for -- to God for the purposes of taking
care of situations that they have to take care of. We have a call center in the basement
of that building and the purpose for the call center is simply to allow people in the
Meridian Planning and Zoning Commission Meeting
January 15, 2004
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community, Meridian and Treasure Valley, to call in if they have problems and we know
that people call in at all times, because we have counseling or response to situations
they are dealing with. For example, if somebody got -- one member of the family died or
if a person is having a very serious problem emotionally or they have problems with
their children or if they have problems with anything, they can call in and have
counseling, as well as talk to people about these situations and take care of these
situations if you can. That's the purpose behind the whole prayer center.
Borup: I think staffs questions on that -- would the prayer center be fully occupied at the
same time as the sanctuary would be?
Marsden: I would say the prayer center would be 98 percent of the time empty, except
for a few people. And they are already attending the church at the same time. So, the
issue was how many people we have at one time versus any other time, it will be all the
same people. When people come to the building, facility, they will either go to the prayer
center as one occupant -- maybe one child will go to the children's classes, you know,
for classrooms, another one will go to the gymnasium, an adult may go to the prayer
center to pray.
Borup: The question was how do we calculate the parking --
Marsden: The parking is still one car coming to all members of the family. The idea is is
that you have multiple functions in this particular function, like, for example, we have a
kitchen and sometimes we have kitchen functions and that is at a separate time when
the church is operating and the prayer center is operating as kind of maximum capacity
is at a different time when the church is not operating, because people go to the
sanctuary when the service and they are not on prayer center. So, that's the way --
Borup: Does that answer your question?
Zaremba: Let me ask the same question a slightly different way, maybe. Do you
anticipate a time ever in the growth of Meridian and, hopefully, the growth of your
church where you would have the sanctuary full and the prayer center used as an
overflow --
Marsden: No.
Zaremba: -- during a sanctuary service?
Marsden: No.
Zaremba: Okay. So, they would never --
Marsden: We don't anticipate that ever to happen.
Zaremba: Okay. I think that's helps us with the parking.
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January 15, 2004
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Marsden: If we have a need for more space, we will build a new building and the
location with make more facility for the people all atone time.
Zaremba: Okay.
Marsden: It's not intended to have that kind of activity all at the same time.
Borup: Okay. Any other questions from the Commissioners?
Marsden: Basically, the conditions of approval that you have outlined -- or staff has
outlined are fine with us, except for a couple of clarifications for your --
Borup: Okay. Why don't you hit those items.
Marsden: Item No. -- I have got to put my glasses on, so I can read it. Excuse me. The
parking -- the only reason why we have asked the standard be modified -- can I get my
site put up on the wall? Right there that is the only additional parking we are adding and
that's the only standard that we are asking for modification. Okay. The reason for that
modification simply is this: We have provided over 470 trees on that site. We have
extensively landscaped the property extensively and we didn't think that that made any
different in regard to the city in regard to having buffers or a situation provide any
additional amenities, because we provided trees all the way around it, all the way
around the property, and we have got a total of 470 totally on the site and with that, plus
all the landscaping elements -- and we just didn't think that the addition of putting a little
space every 12 spaces was really going to make any effect to the whole property, so
that's why we asked for that variance. And we don't need to, in our minds. If you require
it, we will have to do it, but beyond that point that's what our request is. That's item
number four. Item number five says we should have trash enclosures. We already have
those installed on site and they are currently being used. They are already installed.
Borup: Were they indicated on the plan?
Marsden: Yeah. They are all right there on the plan
Borup: Are they indicated on the drawings?
Marsden: They are already built. It's already built as part of the first phase.
Borup: Right. But the plans don't indicate where they are at. Isn't that the staff question?
Marsden: I don't know what the staff question is. They are existing right there. They are
right there currently.
Borup: Okay. But there is no way of knowing that looking at the plan, because they don't
indicate it.
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Marsden: That's -- okay. They are already there in existence. The second thing is -- the
next thing is that the irrigation ditch -- it says that we have to have all these irrigation
ditches -- we don't have any irrigation ditches on site.
Borup: Okay. Maybe just while we are on that, Wendy, the existing plan does show
them on the very first sheet we have, it says existing site plan. Oh, the new one shows
it, too. It's just hard to read it.
Kirkpatrick: And Chairman, Members of the Commission, anytime there is a large
expansion of -- we assume that there could potentially be a new trash enclosure, so we
go ahead and renotice Sanitary Services.
P~larsden: I'm just telling you what it is.
Borup: Okay. So, we are okay there. You were saying -- next?
Marsden: The only -- and the irrigation -- I'm just saying the irrigation ditches, there is
none on the site.
Borup: Okay. Yeah. I think that's kind of a standard -- another standard comment.
Marsden: I just wanted to clarify the issue. The last one is that I would think that you
would add a condition 16 or say that the height modifications are approved. That's what
I would suggest to you, because it's not listed in the conditions a nywhere. Now, the
purpose of that height restriction is simple to be able to get the dome and to be able to
have a free stand for the whole distance so that we can get that accomplished.
Borup: Can the height -- was that going to have to be approved by City Council or can
we make a recommendation from here?
Kirkpatrick: Chairman, Members of the Commission, we assume that this would be a
part of the PD application, so it would also be approved by Council.
Borup: Okay. But it's not them only. We can do that do here, too.
Kirkpatrick: Correct.
Borup: Okay.
Marsden: We have -- to answer the final statement on there, all the other conditions are
fine. We have no trouble with any of them and I think I have explained our reasons for
the two buildings and the reasons where we have occupancy and the parking
requirements. Is there anything else? Any further questions?
Borup: Anything from the Commission? All right. Thank you, Mr. Marsden.
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January 15, 2004
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Marsden: I thank you very much, because -- and I think our project is really a wonderful
addition to the city. By the way, the size of this auditorium is about equivalent to the size
of the Morrison Center in downtown. The number of seats. Only because of the number
of seats. And the idea here is that this community is growing and so we have to grow
meet the --this part of the needs of the community.
Borup: It's a unique building and it will make a nice addition to the city.
Marsden: A really nice addition.
Zaremba: Let me just clarify one thing, if I can. I think I understood some of the
drawings that we were given. The prayer center has an entry level and a lower level.
Marsden: Yes.
Zaremba: Entry level is at ground level?
Marsden: Ground level.
Zaremba: And the lower level is a basement?
Marsden: Is a basement.
Zaremba: Okay. Then, let me ask staff -- that means a whole story below ground for
that building and the sanctuary building -- actually, the drawing -- the floor of that
building was --
Borup: It was down like five feet. It that what you're referring to?
Zaremba: No. It's nine feet three inches, plus another six feet. It's something like 17 -- or
the total of 16. Total is 15 -- the floor of the occupied sanctuary space is 15 feet six
inches below ground, plus whatever foundation is below that. So, my question is do we
need a water engineer's study to make sure that we are above high water level -- high
underground water mark?
Freckleton: Mr. Chair, Commissioner Zaremba, I would say yes. We are going to want
to see -- we are going to want see a ground water investigation report by a soil scientist
establishing that high ground water mark and they are going to have to do a lot of
groundwork as far as their foundational analysis for the structure itself. So, I would
assume that they are going to be entering into a contract with someone to do that work,
if they haven't already done so.
Borup: I'm sure that's something that we have probably looked at, unless you want to --
Marsden: We have already hired them.
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January 16, 2004
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Zaremba: But do we want to make it a condition that they supply that report?
Marsden: As part of the building permit process.
Freckleton: You certainly can. It won't hurt a thing.
Zaremba: Okay.
Freckleton: Probably be a good idea.
Zaremba: And that would be prior to the building permit; right?
Freckleton: With the building permit application.
Zaremba: Okay.
Freckleton: Yeah.
Borup: Okay. Any other questions? All right. Thank you, Mr. Marsden. Do we have
anyone else to testify on this application? It looks like not. I think everyone else here
must be for something else.
Rohm: I wonder why?
Zaremba: Gee, what do we have left on the -- in that case, Mr. Chairman, I would move
that we close Public Hearing No. 14.
Rohm: Second.
Borup: Motion and second to close that hearing. All in favor? Any opposed?
MOTION CARRIED: ALL AYES.
Zaremba: Oh, I'm sorry, I probably should have asked this before we closed it, but, staff,
on the parking requirement, are we satisfied that the prayer center doesn't add any
additional need for parking?
Kirkpatrick: Yes. And, actually, the applicant has, I think, 50 additional spaces over
what they are required, so --
Zaremba: Okay. Then, addressing the parking lot north end, it looks to me, if I'm
interpreting the display correctly, that there is a lot of trees along the parking area. Can
that be considered alternate -- alternate compliance, as opposed to actually moving the
trees in between the cars? I think the idea is that a parking lot should have a lot of trees
and they are on the end of the stalls, instead of between the stalls.
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January 15, 2004
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Borup: I have always thought that the other reason for that is just visual impact from the
public and passer-by. The visual impact from Fairview is not going to be any different
with the amount of trees they have here.
Powell: Chairman Borup, Members of the Commission, the intent behind the trees
within the parking area is to soften the appearance of the kind of sea of asphalt that you
often see in parking lots and to also provide some shade for those vehicles that are
parked there and to reduce some of the heat load and -- they kind of have different
purposes than the other trees that are proposed. My only other concern would be that
as the church expands they are likely to look to those areas for their expansion and,
then, you can't go back and add to the -- I mean that's a different application. That's
looking way down the road. But I think you miss the opportunity to provide that amenity
for that -- for that group if it -- if it goes away now.
Rohm: Well -- and the applicant said that if -- stipulated they would provide, so -- and
there is plenty of room to add those islands, so I don't see any reason why we don't -- I
don't think we should waive it.
Zaremba: Well, certainly, the shade issue -- this month it's not an issue, probably, but
there are times of the year when it would be an issue. Okay. So, we won't do that. All
right. The hearing has been closed; is that correct?
Borup: Yes.
Zaremba: All right. Mr. Chairman, I move we forward to the City Council recommending
approval of Item 14 on our agenda, CUP 03-064, request for a Conditional Use Permit
for a planned. development for two additional buildings on one lot. We will have a total of
three buildings; is that correct? Two additional buildings on one lot in an L-O zone for
Capital C hristian C enter b y C apital C hristian C hutch, 2 760 E ast F airview A venue, to
include all staff comments of their memo for the hearing date of July -- of January 15th,
2004, with the following changes: On page seven we will add a paragraph 16 that says
we are recommending that the building heights be approved as submitted. We will add
a paragraph 17 that says an engineer's study of ground water elevations shall be
submitted with the building permit to consider the sanctuary occupied space at 15 feet
six inches below ground level and the lower level of the pyramid entry is below ground
as well. End of motion.
Rohm: Second.
Borup: Motion and second. All in favor? Any opposed?
MOTION CARRIED: ALL AYES.
Item 15: Public Hearing: AZ 03-036 Request for annexation and zoning of 19.7
acres from RUT to R-8 zones for proposed Salisbury Subdivision No. 2