Loading...
HomeMy WebLinkAboutNovember 4, 2004 P&Z Minutes Meridian Piannlng & Zoning November 4,2004 Page 37 of 64 Newton-Huckabay: Well, I'm sure everybody wants those widened. Smith: Yeah. It will help. There is no question. Just a matter of getting the funds and we can do it. Working time. I think -- I think the ordinance is 5:00 to 11 :00. I'm sure they are noisy. We are -- we have had some calls, we have responded to those as soon as we received those, and both contractors -- one is doing the -- the building and ours, we are doing the site improvements -- have worked with them. We have asked the contractors to definitely abide by those times, so we are cognizant of that and working. It's not an easy thing, but we are definitely reminding and calling as soon as we are hearing of those happening, so -- Borup: Okay. Questions from any of the Commissioners? Thank you. Moe: Mr. Chairman, I make a motion to close the Public Hearing. Rohm: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Moe: Mr. Chairman, I move that we forward to City Council recommending approval of PP 04-037, to include all staff comments and conditions of the staff memo for the hearing date November 4th, 2004, received October 27th, 2004, with one change and that would be on page six on item number two of the special considerations, I'd like to just add one last sentence that the developer will work with staff and ITD to design proper right-in, right-out approach. End of motion. Rohm: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 9: Public Hearing: CUP 04-041 Request for a Conditional Use Permit for an espresso/internet café in the C-N zone for Joltz Internet Café by Joltz Internet Café, LLC - SEC of West Franklin Road and Linder Road Borup: Thank you. Next item is CUP 04-041, request for a conditional use permit for an espresso/internet cafe in a C-N zone for Joltz Internet Cafe, I'd like to open this hearing and start with the staff report. Hawkins-Clark: Chairman Borup, Members of the Commission, this Conditional Use Permit is for a new restaurant use in a C-N zone. The current Meridian city code does require restaurants in the C-N. This is -- of our three commercial zones, this is the least Meridian Planning & Zoning November 4,2004 Page 38 of 64 intensive and it does require the restaurant. This -- as noted in the application, it's not just a restaurant, they are proposing also, you know, sort of a standard coffee and internet access, kind of geared towards youth. The building and site improvements all exist today. The only reason that you're seeing it is really just for the use. So, staff did not really address, other than just the existing improvements, any conditions regarding that. We did provide an analysis of the findings. Craig Hood was the planner on this. He was unable to be here tonight, so I'm filling in here for him. He -- Craig did note that the hours of operation were suggested to be restricted from 6:00 a.m. to 10:00 p.m., Sunday through Thursday. And 6:00 a.m. to midnight Friday and Saturday. And that restriction would include deliveries. That's really the only new condition that was recommended that deals specifically with this use. Other than that, we have no other comments on it. Thanks. Borup: Okay. Thank you. Moe: Yeah. Mr. Chairman, one thing I'd like to point out, under the standards for conditional use, on item G it says -- it talks about operation for a fitness center. Hawkins-Clark: Oh, yeah. I'm sorry. .1 did catch that as well. Right. That would -- Moe: So, I'd like to make that change. Hawkins-Clark: Thank you. Zaremba: And that, actually, is also under item C on the page before that. The second sentence says fitness center. It should also say cafe. And the item that Commissioner Moe pointed out should say cafe. Borup: I think that was left from our last meeting. Zaremba: I did have one question. I noticed in the applicant's letter that they, actually, are the ones that suggested that hours of 6:00 a.m. to 10:00 on most weekdays and 6:00 a.m. to midnight on Friday and Saturday and their comment was that that complies with the existing Meridian curfew hours. I'm betraying the fact that I don't have children. Do we agree that that's what those hours are? Hawkins-Clark: Well, the standard noise ordinance is 6:00 -- 11 :00 p.m. to 6:00 a.m., but the curfew, I guess I would ask for our city attorney to comment on that. Nary: Yes. Hawkins-Clark: Thank you. Zaremba: What a succinct answer. Thank you. Newton-Huckabay: That would be the first succinct answer of the evening. Meridian Planning & Zoning November 4, 2004 Page 39 of 64 Borup: Okay. Would the applicant -- anything they'd like to add? Clark: Hello. My name is Sue Clark and I am the managing owner of Joltz Internet Cafe and I'm also the mother of three teenage girls and that's where this idea has been born from is a place where they can go that they are not loitering in other places where they should not be. Closed parking lots is one that I have found to be -- parking lots of other restaurants. Other people's homes that parents mayor may not be home. They need a place where they can go and that's why it's the curfew hours, so that I can make sure that they have a place for the full time that they are allowed to be out by law. I'm going to offer internet games with three -- or, excuse me, six high end gaming computers, they are going to be there built for them, that's also going to have homework helps on those. My oldest is part of Broadcast with Meridian High School and I'm going to offer all the software that they can do homework inside Joltz itself. Right now they have to go stay after school and do .it on campus at Meridian High. I'm also going to offer homework helps for home schoolers and offer special times where they come in during the day, give them deals also. Just a nice great place to hang out that's comfortable for them and also offers them fun and excitement and social activity also. I'm excited about it. Borup: All right. Thank you. Questions from any of the Commission? Zaremba: What an excellent idea. I hope your greatest need is to open three or four more of them. Clark: That's my plan. I'll probably see you in about a few years. Borup: Okay. Thank you. Clark: Thank you. Borup: Do we have anyone else to testify in this? Holzwarth: My name is Deslie Holzwarth and I live at 3583 West Town Creek Drive and as a mother of three young men, you know how young men can -- or young teen boys can get into trouble. Well, their father and I have worked very hard at keeping them out of trouble and I'm happy to say that they are upstanding and contributing members of society and wished when they were growing up that they had this kind of place to go to to hang out where I know they would have been safe. And Meridian needs a place for kids to go and I know that I'm going to be working with her and I know what's going into this place and I would not hesitate to let my children be there and I want to thank you for letting me voice my opinion. Thank you. Borup: Thank you. Okay. Do we have anyone else? Meridian Planning & Zoning November 4,2004 Page 40 of 64 Sundell: My name is Larry Sundell. I reside at 4410 Rim Street in Boise, Idaho. I was the architect for Susan Clark. I was here on a different matter and I saw she was here. This started out as a simple tenant improvement project in a strip mall and, originally, she was not aware of the complications that she would be involved with when she started this, but it was simply to be a restaurant adjacent to another restaurant and through nobody's fault that's here, she is led through this process that was a surprise. That's the end of my comments. Thank you. Borup: Thank you. Okay. Commissioners? Zaremba: I would comment that I think she's fallen into the process that was intended for full service restaurants, but we have to go through the process anyhow. Borup: And I don't see it much different than a tenant improvement, which we have never seen before. Zaremba: Are we ready to close the Public Hearing? Borup: Yeah. Zaremba: Mr. Chairman, I move we close the Public Hearing on CUP 04-041. Moe: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Zaremba: Mr. Chairman, I move that we forward to the City Council recommending approval of CUP 04-041, to include all staff comments of their memo for the hearing date of November 4th, 2004. Moe: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 10: Public Hearing: CUP 04-043 Request for detailed Conditional Use approval for 7 office buildings in an L-O zone for Sagecrest Subdivision by Sundell Architecture - south of East Overland Road and west side of South Millenium Way: Borup: Thank you. Okay. Our next item is CUP 04-034, request for detailed Conditional Use approval of seven office buildings in an L-O zone for Sagecrest