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Home My WebLink AboutStaff Comments MAYOR Tannny do Woerd CITY COUNCIL MEMBERS Keith Bird WilliamJ..M.Nary Sbaun Wardle Charleo M. - A olf ;; di!e, IDAHO BUlWINO DEPARTMENT (208) 887-2211 - Fox 898-9551 LEOALDEPARTMENT (208) 466-9272 - FAX 466-4405 MEMORANDUM: To: Mayor and City Council Craig Hood, Associate City Planner (IN October 5, 2004 RECEIVED OCT 0 ~ 2004 From: Subject: Cherry Crossing - Request to Amend Hours of Operation City Of Meridian City Clerk Office . Miscellaneous Application to Amend the Previously Approved Hours of Operation on the Property Located on the Northwest Comer of Linder Road and Cherry Lane, by Robnett Construction, Inc. (File No. MJ-04-010) StaR' has reviewed tile above referenced submittal and oft'ers tile following commeuts. StaR'is recommending approval of tile subject applicatioø. APPUCA nON SUMMARY The applicant, Robnett Construction, Inc., has submitted a Miscellaneous Application (MI) requesting modification to the approved hours of operation for the Conditional Use Permits (CUP-OI-016 & CUP-O3-0I3) for Cherry Crossing. The applicant is proposing to amend the approved hours of operation to be ftom 6 am to 10 pm, seven days a week for Lot 1, Block 1, Cherry Crossing Subdivision No.2. The subject property is generally located on the northwest comer of Linder Road and Cherry Lane. In 2001, Albertson's Inc., applied for Conditional Use Permit (CUP-OI-O16) and Preliminary Plat (pP-OI-01O) approval of an 18 lot subdivision called Cherry Crossing. The preliminary plat for Cherry Crossing Subdivision included 15 residential lots, 3 commercial lots, and 4 common lots. The proposed CUP application for the property included a drive-through pharmacy, a service (gas) station, a restaurant with a drive- through, and an office/retail building. As a condition of CUP-OI-O16, the hours of operation for the commercial uses within Cherry Crossing were limited ftom 8 am to 10 pm Monday through Saturday, and 9 am to 9 pm on Sundays, with gasoline service hours not being restricted (could be 24 hours a day-everyday). MI-04-010 Page I In 2003, Hawkins Companies, applied for a Conditional Use Permit (CUP-03.Ql3) to modify the operational hours and to change building placement as previously approved with CUPoOI-Ol3. CUP-03oOl3 included a proposal for a 13,500 square foot pharmacy/retail building with dual drive-through lanes, a fast food restaurant with a drive-through, 22,000 square feet of office/retail, and a 6,500 square foot retail building. As part ofCUP-03-0l3, the hours of operation were limited as follows: . PharmacylRetail: 24 hours a day, 7 days a week; . Fast food restaurant: Sunday - Thursday, 8 am to 11 pm, Friday - Saturday, 8 am to 1 am; . Retail and office/retail: Monday - Tlmrsday, 8 am to 10 pm, Friday - Saturday, 8 am - 12 am, and Sunday, 9 am - 9 pm. NOTE: The applicant has submitted a CUP application to the City (CUP-04-039) to further modify the site plan approved with CUP-OJ-Ol3. CUP-04-039 is scheduled to be on the Planning & Zoning Commission agenda for October 21,2004. There are no required findings for a miscellaneous application. Staff has. provided the most pertinent facts and analysis of the proposed miscellaneous application to modify the previously approved hours of operation for this site. LOCATION & SURROUNDING USES The subject property is located on the northwest corner of Linder Road and Cherry Lane in Section 2, Township 3 North, Range 1 West. The following uses surround the subject property: North: Single-family residences in Cherry Crossing and Glennfield Manor Subdivisions, zoned R-4. South: Commercial property (Maverik Station and strip mall), zoned CoN. East: Church properties, zoned L-O and residential, zoned R-4. West: Single-family residences in Cherry Crossing and Valeri Place Subdivisions, zoned R-4. OWNER OF RECORD The property owner of record is Boise Surplus 2002, LLC. Gary Hawkins, who is a registered agent for Boise Surplus 2002, LLC, has submitted notarized consent for the subject application. STAFF AN.i\LYSIS Prior to submitting the subject Ml application, the applicant met with staff to discuss modifying the types of uses and hours of operation previously approved for this site and the most appropriate method of seeking approval for these amendments. The applicant proceeded to submit the subject MI application to first obtain the City's approval for modification to the previously approved hours of operation. The applicant has also submitted a CUP application to modify the previously approved site plan (CUP-04-039). It is staff's understanding that the proposed hours of operation are critical to the operation of the use proposed with CUP-04oO39 MI-04-0 I 0 Page 2 (fitness center). Therefore, the applicant wishes to obtain City Council approval to modify the hours of operation prior to CUP-04oO39 being heard. Staff believes that the most pertinent facts relative to the subject Ml application revolve around the previous discussions that the City Council and the Planning & Zoning Commission have had regarding appropriate hours of operation for businesses on this site, and the current zoning of the site. Previous Discussion Regarding Hours of Operation: During the public hearing for CUP-OI-OI6 the hours of operation were discussed by the Planning & Zoning Commission. At the July 19, 2001 P & Z meeting the Commission recommended to the City Council limiting the hours of operation ftom 8 am to 10 pm, Monday through Saturday, and Sundays 9 am to 9 pm, and allowing a 24-hour operation for the proposed gas station. On August 21, 2001 the City Council approved the hours of operation for this site as recommended by the Commission. No members of the public testified at the hearings regarding the hours of operation for the proposed businesses. During the public hearings for CUPoO3-013 the hours of operation were not discussed by either the Planning & Zoning Commission or the City Council. No members of the public testified at the hearings regarding the applicant's proposal to modify the hours of operation approved with CUPoO1-016. The applicant requested, and staff recommended that the hours of operation be modified to accommodate the new site plan. The approved, modified hours of operation were as follows: . Pharmacy/Retail: 24 hours a day, 7 days a week; . Fast food restaurant: Sunday - Thursday, 8 am to 11 pm, Friday - Saturday, 8 am tolam . Retail and office/retail: Monday - Thursday, 8 am to 10 pm, Friday - Saturday, 8 am - 12 am, and Sunday, 9 am - 9 pm. Based on the previous discussions regarding hours of operation for this site, staff does not believe that allowing businesses to open up a couple of hours earlier every day will significantly impact adjacent properties. However. staff recommends that the City Council rely on any written or oral testimony provided at the public hearinl! when determining the lW.PI"opriateness of modifying the hours of operation ftom 6 am to 10 pm as proposed. Current Zoning. The subject site is currently zoned CoN (Neighborhood Business District). The purpose of the C- N zone is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood; to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts (MCC 11- 7-2-H). MI..()4..()lO Page 3 The Conditional Use Permit submitted to the City for approval (CUP-04-039) requests approval of a women's fitness center, with two other future buildings/uses. Without making the required findings for Conditional Use Permits, staff believes that the proposed fitness center use appears to meet the purpose of the CoN zone stated above. However, depending on the amount of traffic and other noises that future uses may generate, staff believes that operation of a business ftom 6 am to 10 pm mayor may not intrude on the adjacent residential uses. Staff recommends that the City Council rely on any written or oral testimonv provided at the oublic hearing when determining the approoriateness of modifyinf: the hours of o.peration ftom 6 am to 100m as proposed. STAFF RECOMMENDATION: Pending any written or oral testimony provided ftom adjacent property owners, staff recommends that an amendment to the hours of operation for this site be approved as requested by the applicant. Staff recommends that operating hours be from 6 am to 10 pm, seveu days a week for the subject property, Lot 1, Block 1, Cherry Crossing Subdivision No.2, as requested. MI-O4-0l0 Page 4