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HomeMy WebLinkAboutStaff Comments M~YOR Robert D. Cotfie CITY COUNCIL M~MBERS Keith Bird Tammy deWeer& Chefie McCaadless William L. M. Nary HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) SS8-~433 · FAX (208) 88%4813 City Oetk office Fax (208) 888-4218 ~20~y~5533 ' FAX 888-6854 MEMORANDUM: To: From: Mayor, City Council and Planning & Zoning Commission Bruce Fr~kl~on, Assistant to City Engineer ~ David Mc~dnnon, City Phmner II ]~ March 4, 2002 RECEIVED MAR 0 2002 City Of Meridian City Clerk Office Re: Request for a Conditional Use Permit to Establish a 1,743-square-foot Drive- through Subway Restaurant in an L-O Zone by Blaine and Cynthia Jacobson-dha Subway Sandwich and Salads (File No. CUP-Ol-045). We have reviewed this submittal and offer the following comments, as cona~tions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian CiO' Council: APPLICATION SUMMARY The applicant, Blaine and Cynthia Jacobson, have requested approval of a drive-through restaurant, to be located on the northeast comer of Marc View and S. Allan Street. The building will be located on the southeast half of the lot, with a second "office" building to be built on the western side of the property in the future. The drive-though pick-up window is on the west side of the proposed building, and the speaker system is located on the north side, The owner of the property is in the process of subdividing the existing parcel into three lots. The subject of this application is one of the proposed lots. The applicant is not proposing to further subdivide the property at this time. Before construction on the second building can begin, the project will require approval as a Planned Devalopmant per Meridian City Code. There is a Development Agreement (approved on 3-7-00, Magic View Office Annexa6on, File No. AZ-99-022, instrumant No. 100021869) that governs the developmant of this and other lots in the Treasure View Subdivision (formerly part of the Magic View Subdivision). All uses within this subdivision, other than office and an ancillary restaurant, require a conditional use permit and an amendment to the Development Agreemant.(Sections 4.1 and 4.2 oftbe Developmant Agreemant)~ Because this is a stand-alone, drive-though restaurant and not an "ancillary" restaurant, the Developmant Agreemant will have to be amanded if the Planning and Zoning Commission recommands approval of the proposed use. An amandmant to the Development Agreement must be approved prior to the City Coundl taking action on this request. SUBWAY.CUP CUP-01-04~ Planning & Zoning Commission/Mayor & City Council March 4, 2002 Page 2 LOCATiON & SURROUNDING USES The subject property is located on the northeast comer of the intersection of Magic View and S. Allen · 0' Street, approxtmately 1,00 west of Eagle Road. The following uses surround the subject property: North - Two vacant parcels of land (when plat is recorded), zoned L-O; further north is Greenhill Estates, zoned R-1 (County). South - Jackson's Texaco Gas and Convenience Store, zoned C-G. East - Chevron Gas and Convenience Store, zoned C-G. West - Lincoln plaza, zoned L-O. STANDARDS FOR CoNDmONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find eviden~ presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Stafffinds that the subject property is large enough to accommodate the requested drive- though restaurant use and the required features. A modification to the driveway aisle width on the north side of the property will be required to accommodate the drive-though driveway aisle and the adjacent parking. The submitted site plan shows the drive-though lane as part of driveway aisle width. Staff suggests a barrier (e.g., striping) to separate the drive-through from the parking area driveway. When the applicant or another developer applies for the construction of a second building on this site, they will be required to apply for a conditional use permit as a planned development or further subdivide the property. If the developer applies for a conditional use pea-mit for a planned development, they shall be required to meet all of the planned development standards as listed in Title 12, Chapter 6 of the Meridian City Code B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The currant Comprehensive Plan Land Use Map designates the property as ,,Mixed/Planned Use Development". Staff finds the developmem plan to be in harmony with the Meridian Zoning Ordinance and the Comprehensive Plan. ,SUBWAY.CUP CUP-OI-045 Planning & Zoning Commission/Mayor & City Council March 4, 2002 Page 3 C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the proposed development will not change the essential character of the general vicinity; however, it is not in compliance with the intended character oftbe general vicinity. The intended character, as indicated by the Development Agreement and the Findings of Fact and Conclusion of Law for the Magic View Office Complex Annexation and Conditional Use Permit, has always been office, with an "ancillary" restaurant. A freestanding (non-ancillary) drive4hrough restaurant is not an office use. D. That the proposed use, if it complies with ali conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff finds that the proposed use may adversely affect other properties in the general vicinity by means of the speaker/menu board sound, additional traffic and traffic headlights. The applicant has placed the speaker and drive-through window in a manner that will reduce the intrusion of headlights into the residential neighborhood to the north. Nevertheless, the speaker is directed at the residential neighborhood. Commission and Council should rely upon public testimony to determine if the development will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above, however when and if the second building is approved on the site, additional sewer and water service lines will need to be installed for said building. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed use would not be detrimental to the economic welfare oftbe community, nor would it create the need for any new facilities or services to be paid for by .SUBWAY.CLIP CUP-01445 Planning & Zoning Commission/Mayor & City Council March 4, 2002 Page 4 the public. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Stafffinds that no ~xcessive traffic, smoke, fumes, glare or odors will result from the proposed use. As noted above, noise from the speaker/menu-board may be detrimental to adjacent properties. That the proposed use wffi have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. SITE SPECIFIC REOUIRlgMENTS 1. A revised landscape plan shall be submitted prior to the issuance of a Certificate of Zoning Compliance. The revised landscape plan shall include landscaping for the entire perimeter of the property per the approved plan in accordance with the Meridian Landscape Ordinance. As well as the addition of at least one additional tree on the east side of the property, among the arborvitae, in order to m~t the one tree per 35 lineal feet requirement for landscape buffers adjacent to parking. Please note that there is an existing sanitary sewer service line along the east boundary that seawes the property to the north. This is a private service line within an easement. The existencc ofthis service line sh°uld be c°nsidered when placing and selecting trees for this area. A detailed irrigation plan v~th performance specifications w~ll be reqmred as part oftbe revised landscape plan. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. A new site plan shall be submitted at least ten days prior to the City Council Hearing that provides a 25-foot wide driveway aisle width for the northern .SUBWAY.CUP CUP-014)45 Planning & Zoning Commission/Mayor & City Council March 4, 2002 Page 5 parking stalls and that provides at least a 9' wide drive-through lane. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be dom-shielded or otherwise altered so that the fight does not spill over omo adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11 - 134C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs are prohibited, and will be removed upon 3 days notice to the applicant. 5. Prior to the construction of a second building on the subject property, the developer shall apply for and obtain a conditional use permit for a planned development prior to construction. 6. The applicant shall state the hours of operation at the public hearing. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 8. As the development agreement specifically limited uses on the property to office and an ancillary restaurant (included within an office building) as represented at public heatings, a modification would be required prior to City Council approval of the project. The original Development Agreement for the Magic View annexation will need to be modified to include the following use as a conditional use for the southeastern parcel: Drive-through Restaurant. Modification of the development agreement requires a separate application and public hearing process and must include all owners of the property included in the original Development Agreement. ff drive-throughs are to be considered on this property, staff recommends that they be limited and that the amendment to the development agreement be very specific that it is not a blanket amendment to all of the property. 9. A dralmge plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridlan standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or .sUBWAY.CUP CLIp-01-045 Planning & Zoning Commission/Mayor & City Council March 4, 2002 Page 6 11. 12. 13. 14. fight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11 - 12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. Certificate of Occupancy: AIl required improvements must be complcte prior to obtaining a Certificate of Occupancy for the proposed developmem. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the mount of 110% of the cost of the required improvemems (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 15. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing proposed and existing utility locations. A Certificate of Zoning Compliance and a building permit shall be obtained prior to the start of constmction. This conditional use permit shall be voided if the start of construction for the approved use does not begin within 18 months of approval by City Council per MCC11-17-4B. COMPREI~ENSIVE pLAN ANALYSlS The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Con~ifission's consideration during the heating process. Goal 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design." Ec nomic el ent 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages.., commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commerdal or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. .SUBWAY.CUP C1~-01-045 Planning & Zoning Commission/Mayor & City Council March 4, 2002 Page 7 u COMM T ON Staffreeommends the Commission and City Council rely on public testimony to determine iftbe subject property is located far enough away fi'om the existing residential subdivision to provide an adequate buffer fi.om increased traffic and noise generated by the proposed restaurant use. ffthe use of the property were to remain strictly office, with an ancillary restaurant, the noise and traffic generated by development on this property would be signitieanfly less than the proposed drive-through restaurant use (with a detached office in the furore). CUP-O 1-045 .SUBWAY.CUP Meridian Fire Department February 21, 2002 TO: Meridian Planning & Zoning Comrmssion ?2M:/:SePshu:i:j~'::Pd:hCF~j~'~iredrJ~;:4~On? Joseph Silva Deputy Chief Meridian Fire Department 540 E. Franklin Rd. Meridian, Id 83642 (2OS) 8~84234 Fax (208)89541390 RECEIVED FEB 2 5 2002 ~ity Of Meridian ity Clerk Office The following will be the requirements and/or concerns to prov/de minimum levels of fire protection for the proposed project: 1. ! That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road systero. MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Chefie McCmdless HUB OF TREASURE VALLEY LEGAL DEPARTMENT A Good Place to Live (208) 288-2499 · Fax 288-~01 CITY OF MERIDIAN pUBL,CWORKS BUILDING DEPARTMENT 33 EAST IDAHO.~.~ .~'-'~ n~ ~ .az08) 887-2211 · Fax 887-1297 MERIDIAN, IDAHO 8~; ~_.}.l~l V ba.l~ G --, - '9~' 8[~ ~ I P~G AND ~N~ (208) 888~33 D~ [.UO) D~ ~ DEPAR~ENT CRy Clerk Omce F~ (208) 8884:t~AN O ~ 20~ (208) a8~5533. Fax 8aS-OaS4 CITY OF RIDIAN TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meddian City Clerk's Office Attn: Will Berg, City Clerk, by: February 28, 2002 Transmittal Date: January 2, 2002 Headng Date: March 7, 2002 File No.: CUP-01-045 Request: Conditional Use Permit for a 1743 square foot Subway Sandwich Shop with a drive through window in an L-O zone Blaine & Cynthia Jacobson By: Location of Property or Project: Northeast corner of Magicview and S. Allen Street David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) P/Z (No VAR, VAC, FP) Keven Shreeve, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, Fl:') Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, ClC Chede McCandless, CIC Water Department Sewer Department Sanita~' Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer .City Planner Parks Department Meridian School District (No FP) Meridian Post Office (Fp/PPonly) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. Distdct Settlers Imgation District Idaho Power Co. (FP/PPonly) U.S. West (FP..'PPoniy) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PPoniy) Idaho Transportation Department (NoFP) Ada County (Annexation Your Concise Remarks: RECEIVED FEB 2 5 2002 City of Meridi.an City Clerk Office MAYOR Robert D. Corfie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Chene McCandless HUB OFTREASUREVALLEY (~ O ~)(2~2G A L DEPARTMENT A Good Place to Live 88-2499 · Fax 288-2501 CITY OF MERIDIAN BUILDING DEPARTMENT 33 EAST IDAHO (208) 88%2211 · Fax 887-1297 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVEL~I~ENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meddian City Clerk's Office Attn: Will Berg, City Clerk, by: February 28, 2002 Transmittal Date: January 2, 2002 Heating Date: March 7, 2002 File No.: CUP-01-045 Request: Conditional Use Permit for a 1743 square foot Subway Sandwich Shop with a drive through window in an L-O zone Blaine & Cynthia Jacobson By: Location of Property or Project: Northeast comer of Magicview and S. Allen Street David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR. VAC, FP) P/Z (No VAR, VAC. FP) Keven Shreeve, P/Z (No VAR, VAC, FP) Keith Bomp, PFZ (NO VAR, VAC, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeard, C/C Keith Bird, C/C Chede McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, Building Department Fire Department Police Department City Attomey City Engineer City Planner Parks Department Meridian School Distdct (No FP) Meridian Post Office (FP/PPOnly) Ada County Highway District Community Planning Assoc. Central Distdct Health Nampa Meridian Irrig. Distdct Settlem Irrigation Distdct Idaho Power Co. (FP/Pponiy) U.S. West (FP/PP only) Intermountain Gas (FP/Pponly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No Ada County (Aonexa~on only) Your Concise Remarks: r' RECEIVED JAN - 9 2002 C.ity of Meridi.an City Clerk Offtce MAYOR Rober~ D. Corri¢ CITY COUNCIL MEMBERS Ron Anderson K¢ith Bird Tammy deWcerd Cherie McC~dless A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888.4433 · Fax (208) 88%4813 City Clerk Oftic¢ Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-~01 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 * Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CiTY OF MERIDIAN To insure that your comments and recommendations will be rc~nsidered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: February 28, 2002 Transmittal Date: January 2, 2002 Hearing Date; March 7, 2002 File No.: CUP-01-045 i Request: Conditional Use Permit for a 1743 square foot Subway Sandwich Shop with By: a drive through window in an L-O zone Blaine & Cynthia Jacobs°n Location of Property or Project: Northe~_~t comer of Magicview and 8. Allen Street David Zaremba, PFZ (No VAR, VAC, FO) Jerry Centers, P/Z (No VAR, VAO, PIZ (No V,~ WC, ~=P) Keven Shreeve, P/Z (No VAR. VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) I Meddian School Distdct (No FP) ' Meridian Post Office (FP,,PPoNy) Ada County Highway District · Community Planning Assoc. ~ Central District Health ~ Nampa Meddian lrrig. Distdct Robert Corrie, Mayor Ron Anderson, CIC Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C ~7"-- Water Department Sewer Department Settlers Irrigation District Idaho Power Co. (FP/PPoniy) U.S. We~ (FP/PPo~iy) Intermountain Gas (Fp/PPoniy) Bureau of Reclamation (FP/Pponly) IdahoTransportaflon Department (NoFP) Ada County (An~xaa~ ~) /- Sanitary Service (No VAR, VAC, Building Department Fire Department Police Department i .City ARomay City Engin~r City Planner Parks Department Your Cend~ Remark~ RECEIVED JAN - ~ 2002 City of Meridian City Clerk Offieo MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Office Fax (208) 8884218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meddian City Clerk's Office Attn: Will Berg, City Clerk, by: February 28, 2002 Transmittal Date: January 2, 2002 Headng Date: March 7, 2002 File No.: CUP-01-045 Request: Conditional Use Permit for a 1743 square foot Subway Sandwich Shop with a drive through window in an L-O zone Blaine & Cynthia Jacobson By: Location of Property or Project: Northeast comer of Magicview and S. Allen Street David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, PIZ (No VA~ VAC, FP) Keven Shreeve, PIZ (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department RECEIVE? JAN - 3 2002 C[ty of Meridian City Clerk Olfice Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PPoniy) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. Distdct Settlers Irrigation District Idaho Power CO. (FP/PPoniy) U.S. West (FP/PPOniy) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (NOFP) Ada County (Aonexaliononly)