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1989 06-13 A G E N D A MERIDIAN PLANNING & ZONING JUNE 13, 1989 ITEM: MINUTES OF THE PREVIOUS MEETING HELD MAY 9, 1989: 1: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR USE OF CAFETERIA AT OLD MIDDLE SCHOOL AS A CHURCH BY ALIDJANI & BLAIR:(APPROVED) 2: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY NESMITH & ROSS FOR VEHICLE STORAGE,BOAT REPAIR & STORAGE AT 34 EAST ADA: (TABLED) 3: PUBLIC HEARING: PRELIMINARY PLAT ON CRESTWOOD ~' 4: (APPROVED) MERIDIAN & ZONING JUNE 13, 1989 Regular Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Johnson at 7:30 p.m.: Members Present: Jim Johnson, Moe Alidjani, Jim Shearer, Charles Rountree, Tim Hepper: Others Present: Steve Nesmith, Kay Will, Bill Sweet, S. Pickens, Don Hubble, Rob Prindle, Bob Ross, Wayne Crookston, Bill Blair, Gerry Thompson The Motion was made by Shearer and seconded by Alidjani to approve the Minutes of the previous meeting held May 9, 1989 as written: Motion Carried: All Yea: Johnson: We are going to change the Agenda and have the Public Hearing: Preliminary Plat on Crestwood #4 first. Is there a representative here for this Application? Please come forward and be sworn. Don Hubble, 3952 Daisy Way, was sworn by Johnson: Hubble: Although we are applying for the preliminary plat for the entire parcel, our developer is going to do this in phases. We are seeking your approval for the entire parcel. We did get comments back from Ada County Highway District and we have to go in Monday and resolve some street alignment problems, but they are minor. There is an existing house there by the intersection and we are planning to leave it there. Are there any questions? Alidjani: On Lot 18 it says RVP, what does that mean? Hubble: That means Recreational Vehicle Parking. Johnson: When you made reference to meeting with the Ada County Highway District did you cover these recommendations in their June 5th letter? Those are the ones that you went over with them and got straightened out? Hubble: Yes: Rountree: Just the one question from ACRD about the 5' sidewalk from Barrett, I assume will go to Linder, is that going to be included in it. It is comment #7 from ACRD. Hubble: The south side of Barrett is going to be platted so that will have to have a sidewalk. I'm not real sure but we'll do that during the plans. Rountree: You spoke to Jack about in the Zoning Ordinance it shows lots 1 & 2 off Linder south of Barrett Drive as being Neighborhood Commercial, I think that needs to be cleared up some place. Hepper: If that is zoned Neighborhood Commercial can you still build residential in that. Crookston: Yes you would have to rezone that lot. Johnson: We need to check it out with the map and get the legal description. MERIDIAN PLANNING & ZONING • • JUNE 13, 1989 PAGE #2 There was further discussion about putting up fences, etc. (TAPE ON FILE) Johnson: For the record I want to ask you if you had read the recommendations from Nampa-Meridian Irrigation District and City Engineer Gary Smith. Do you have any problems with any of those? Is there anyone else that would like to testify on this issue? Bill Sweet, 1105 Crestwood Drive, Crestwood Estates #1, was sworn by City Attorney. Sweet: I don't object to this development but I do object to sacraficing the developed area there in Crestwood Estates #1 & #2 unnecessarily. That particular area consists of a different type of development from the ordinary single family lot development, the lots there are half the size of a normal single family lot. So the houses are pretty well crammed together there and along with that goes some fairly large open common areas. I feel that this development will turn Crestwood Drive into a Collectors Street for a large part of this development that is being proposed and I think unnecessarily. The main street that comes in to this development here is 12th Ave. and it comes into the development and goes back half way back to the south end of the proposed development as a 60' street and I believe that it is narrowed down to a 50' street. It's my feeling that the main street for this new development should go through to this S.W. 12th Ave. and be a 60' width and that this portion of street that connects Crestwood #1 and #4 should be eliminated. Rountree: Just from what some of the existing subdivisions are that exist now in Meridian, I can think of one that has 150 lots with one access and it's not a particular problem at this time. There was further discussion about the sewer lines and the width of the roads. (TAPE ON FILE) Hubble: 2 think when this project was originally proposed this development did have smaller lots throughout that whole thing we are redoing now. Which would have been higher density and probably more traffic than what we are proposing now. I think if you got out that original proposal it's going to be less impact than what they had originally proposed. Sweet: I'd like to comment on the Engineers last comments. I think that what he said was correct that in the housing area density was higher however there were large open common areas where I think that project wise the development density was not greater than now proposed. Johnson: Being no further comment the Public Hearing is closed. The Motion was made by Hepper and seconded by Shearer to approve the Preliminary Plat for Crestwood #4 with the condition that they check on lot #2 and rezone that lot if necessary. Motion Carried: All Yea: Item #2: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR USE OF CAFETERIA AT OLD MIDDLE SCHOOL AS A CHURCH BY ALIDJANI & BLAIR: Johnson: If there a representative that would like to present this request? Alidjani: I will. I would like to disqualify myself from the Board because of conflict of interest with this request. MERIDIAN PLANNING & ZONING • • JUNE 13, 1989 PAGE #3 Mohammed Alidjani, 2023 Turnberry, was sworn by the City Attorney: Alidjani: At the Middle School we have a cafeteria that is about 3500 square feet and Mr. Blair has indicated he would like to use it as a church. We have done some of our work that was necessary to come before the Commission, and he had two questions regarding that and 2 will let him later explain and answer any questions that you may have. I'd like to get a Variance for the curbs and gutters especially if some of it is not pertaining to that particular area of this pccpeety. Basically it is not feasible for us to redo all the sidewalks in that area to have a lease agreement with Mr. Blair for 3500 square foot of that building considering the total square footage is about 45,000 square feet. Can I answer any questions? Shearer: Is the cafeteria attached to the school? Alidjani: The cafeteria is out by itself. I basically saw two comments, one from the sewer department and I need to get a Variance through the Ada County Highway District. Rountree: Is there sufficient paved parking? Alidjani: There is about one acre of parking. Rountree: With having people on the premises legally, there is alot of broken windows do you propose to take care of that problem? Alidjani: At the cafeteria, yes we are. Rountree: How about the rest of the building? Alidjani: We could clean up the glass that's on the ground but I don't believe at this time we can replace the glasses. We could cover them. Hepper: Would there also be a way to make the stairways nonaccessible so that kids can't play on them. Alidjani: Right away I don't believe so but we have planned to within the next 90 days to take some measurements to secure the place so it would be safe for the children and the insurance and so on. But it won't happen right away. Hepper: You are leasing this property is that right? Alidjani: Yes it is a lease. Johnson: Being there no further questions, we'd like to hear comments from Mr. Blair. William Blair, 855 N. Blackcat Road, was sworn by City Attorney. Shearer: Could you explain a little bit more about the usage? Blair: We are looking for a building to hold services in on Sunday morning, Sunday night & Wednesday night. Basically right now we only have 6 people, I can't tell you how many people there will be in a year. Shearer: Are you going to have access to the whole cafeteria? Blair: Not the kitchen part. MERIDIAN PLANNING & ZONING • • JUNE 13, 1989 PAGE #4 Hepper: How do you feel about the broken glass and the stairways? Blair: There is a lease agreement and it states that we have to take care of the broken windows in the cafeteria. About the main building, no I have no concern. We are providing liability insurance so that if anything happened Moe wouldn't be responsible for it. Crookston: What about the lavatory facilities, are those adequate? Blair: There is two bathrooms. Johnson: Being no further questions I will now close the Public Hearing. The Motion was made by Rountree and seconded by Shearer to prepare the Findings of Fact & Conclusions of Law for the City Council. Rountree amended the motion by including the variance not to make provisions for alterations or improvements to curbs and gutters. The Motion is favorable. Motion Carried: All Yea: Item #3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY NESMITH & ROSS FOR VEHICLE STORAGE, BOAT REPAIR & STt~RAGE AT 34 EAST ADA: Johnson: The Public Hearing is now open, is there a representative here on behalf of this application. Please come forward. We are recognizing Moe as being back on the Board. Steve Nesmith, 1304 W. 1st, was sworn by the City Attorney. Nesmith: In our business that adjoins this property on Bower Street we've had a little bit of a parking problem and needed additional parking, also we have moved a little building in there, my partner wants to do a little boat motor repair. I propose to put up a 6' high fence around it that is not see through. We plan on siding the building with the same color as the fence, also planning to put a concrete parking area in front of the garage on the front. I do have a question about the ACHD comments about the curbs and gutters what did that mean? There is already sidewalk there. Johnson: Those are basic requirements from ACRD. Nesmith: I would like to clean up the front of the building and make more customer parking. Johnson: At this point I need to enter into the testimony some written comments we have and also some photographs that have been provided. That includes specifically two letters from individuals in the neighborhood that are opposed to this request. Letters are on File. In addition to that there is a petition that was circulated in the neighborhood that has 24 signatures opposing this request. The claims that are made are about the history of the property nearby and the photographs substantiate basically the claims about it being unsightly to the public. Alidjani: What type of fence were you planning to put up? Nesmith: I was planning on a cedar fence 6' high no see through. I've got that storage box sitting on the property right now and once this was fenced it wouldn't even be visible from the street. At the growth rate we are at now I figure that by MERIDIAN PLANNING & ZONING • • JUNE 13, 1989 PAGE #5 1993 we will have to look for a bigger place, so this is not planned to be used permanently. Alidjani: Mr. Chairman I would like to mention one thing, that being a realator and owning some Industrial Property Mr. Nesmith has talked to me regarding maybe the possibility for the property for storage. Shearer: I am uncomfortable with this Steve, because it wasn't to long ago I was sitting on this Commission and we were approached by somebody who was going to lease your operation there and made alot of promises to keep it up and I think you were aware of those things and even though he didn't go ahead and complete that lease, I voted at that time for approval. Now two or three years down the road and the place still looks like it did then. Nesmith: I have started with very little money and I have tryed to improve it think I could improve if I had some storage area that would help my problem. Rountree: Are you the owner or are you going to be leasing this property. Nesmith: I will be co-owner. I Rountree: Basically the proposed us~is essentially an extension of your auto repair business. Nesmith: Primarily the purpose is for parking. Rountree: Wit is proposed for the garage on the side? Nesmith: My partner does boat repair, he needs a small place where he can set that up and be able to work on them. Rountree: You mentioned the fence, how would you propose to fence the lot and be consistent with the Ordinances? Nesmith: The set back is 20' from the right of way and you can go 6' and it will be cedar to match the siding on the building. If necessary I could put shrubbery out in front to make it more attractive. Johnson: We have 24 signatures that oppose this and they are afraid that it will look even worse. Have you considered an 8' fence? Nesmith: Can I put up an 8' fence, I thought the Code was 6'. I would be willing to put up an 8' fence if I can. Hepper: Zt says here on the comments from Gary Smith that sanitary facilities will need to be provided, would there be bathroom facilities in the building? Nesmith: I had not considered that. Hepper: If you did fence the lot will it be on all four sides? Nesmith: Yes the same heigth and same material all the way around. There would be a gate on the front. Hepper: I had another question about the storage box you have there, would that stay there. MERIDIAN PLANNING & ZONING • • JUNE 13, 1989 PAGE #6 Nesmith: I'm flexible there, I could move it around. I was thinking about putting the same siding on it as the garage. Hepper: Did you get a Building permit for that? Nesmith: When we got the garage moved in we got one then. Hepper: Would you gravel the yard? Nesmith: We could probably gravel part of it. The front part we would probably mow the weeds down. Robert Ross, 1345 Cherry Drive, Kuna, was sworn by the City Attorney. Ross: The storage for the boat repair is my hobby and I do it for a hobby. Granted that the housekeeping of the shop has not been good but it has improved since November. I don't want the Conditional Use being based on past experience, cause that's history before my time. My time is now and I want to make it work. Johnson: Anyone else who wishes to testify on this issue. Gerry Thompson, 35 E, Bower, was sworn by the City Attorney. Thompson: I am the person who wrote the letter and I hope that you have all read it and I still contend to everything that was in the letter. Johnson: How long have you lived at this address? Thompson: About 22 years. Johnson: There has been some comments that the place has been improved the last couple of years, what would your response be to those comments? Thompson: I would say, very little, if any. Rountree: You have indicated that your driveway is often blocked, every day or once a month? Thompson: Several times a day when 2'm not there but even in the evening it's blocked. Rountree: What about working hours? Thompson: I have no idea because I'm not there I work too. I know it's a mess on Saturdays during race season. Johnson: If they followed through with their comments with respect to cleaning it up, constructing a fence and doing that housekeeping. Would you still have any objections to this? Thompson: Yes I would. Nesmith: Each time I see someone parked in her driveway I go out and tell them to move it. I think the parking lot in the back it would help alleviate Mrs. Thompsons problem. We might even have to put a fence between the two places to help, I'd even be willing to do that. MERIDIAN PLANNING & ZONING • • JUNE 13, 1989 PAGE #7 Johnson: Is there anyone else that wishes to testify? Being no other comments I will now close the Public Hearing. Shearer: The history I recall of this property is as I stated before, when I first came on the Commission several years ago I have several people come to me and complain to me about Steve's Radiator Shop. There has been notification to him in regard to junk cars parked on the street and it continued when the other gentleman presented to us for Conditional Use that he bought the place, he made alot of promises that I'm sure Steve was aware of. I drove by a couple of weeks ago and found that the street was really cluttered. I drove by today and it was really bad to the point that it was difficult for two way traffic. I'm not sympathetic and this has been a continual problem. Crookston: Whoevers intentions that were made by Mr. Palmer when he was before the Commission would not be relevant. Rountree: History aside, I think Mr. Nesmith & Mr. Ross have indicated that there is a problem there. It doesn't appear that they are willing to take the time from there business to become good neighbors. I'm not sure at this point and time that I'd be willing to look favorably upon their request, but certainly given the situation where they would take the time to clean up their operation maybe reconsider it. Hepper: I basically feel the same way. I think they need to clean it up and maybe get a petition signed by the majority of the neighbors that they have no opposition to this rather than having an overwhelming list of people that are opposed to it. Alidjani: It seems that there is not much support regarding a residential zoned piece of pro(~cty but to be changed to an auto storage as you have presented. I feel sympathetic for you personally because I am in the same line of business. We should be responsive to peoples outcry especially in this case where there has been some evidence in the past. My recommendation to you would be it would be cheaper for you to look for yourself a peice of property that is zoned properly. 'ihe M~ticn was made by Alidjani and seconded by Shearer that we table this Conditional Use Permit for Nesmith & Ross until the August 2nd Planning & Zoning Meeting. Motion Carried: All Yea: Being no further business to come before the Commission the Motion was made be Hepper and seconded by Shearer to adjourn at 9:00 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: i i ~ ~ ,-1 ~, JI J HNSON,i HAIRMAN i ~ _- ATTEST: -~ . ~v..~--~ CK NIEMA~ , CITY CLERK