HomeMy WebLinkAboutJoltz Internet Cafe CUP 04-041
CUP 04-041
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Joltz Internet Café, LLC
November 4, 2004
ITEM NO.
9
REQUEST Public Hearing: Conditional Use Permit for an espresso/internet café in the
C-N zone for Joltz Internet Café - SEC of West Franklin Road and Linder Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See attached Staff Comments
CITY SEWER DEPT:
No Comment
No Comment
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CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
NAMPA MERIDIAN IRRIGATION:
See attached Comments
See attached Comments
CENTRAL DISTRICT HEALTH:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER: See letter from Suzanne Clark; see affidavit of posting
Contacted: J 't)ÁVì'l\\..; f)~.N\.L..,- Date:~:f). D1I\ Phone: ~
Emailed: Staft Initials:
Materials presented at public meetings shall become property 01 the City 01 Meridian.
MAYOR
Tammy de Weerd
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CITY HALL
(208) 888-4433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bini
Christine Donnell
Shoun Wanlle
Charles M. Rountree
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
MEMORANDUM:
P & Z Hearing Date: November 4, 2004
Transmittal Date: October 27,2004
To:
Planning & Zoning Commission, Mayor and City Council
From:
Craig Hood, Associate City Planner (IN .c;;;;#
Bruce Freckleton, Development Services Manager~
Subject:
Joltz Internet Café Conditional Use Permit
.
Request for Conditional Use Permit Approval to Operate a 2,454 Square-Foot
Espresso/Internet Café in a CoN (Neighborhood Business District), by Joltz
Internet Café, LLC. (File No. CUP-O4-041)
Staff has reviewed the above referenced submittal and offers the following comments.
Staff is recommending approval of the subject application.
APPLICATION SUMMARY
The applicant, Joltz Internet Café, LLC, has submitted a Conditional Use Permit (CUP)
application requesting approval to operate a 2,454 square-foot café (restaurant) out of an
existing 9,691 square-foot building, in a CoN zone. The subject property is located on the
southeast comer of Linder Road and Franklin Road.
Meridian City Code 11-8-1 requires restaurants to first obtain CUP approval prior to operation.
According to the applicant, Joltz Internet Café is not simply a restaurant; they offer espresso, ice
cream, soup, sandwiches, desserts as well as internet access. This business is geared towards the
youth, offering a safe alternative for the youth to socialize, play computer games, do homework
and generally "hang-out" (see applicant's letter).
In 2003, Conditional Use Permit (CUP-03-035) approval for a martial arts/private school,
Karate for Kids, was granted for this site. In 2004, a Certificate of Zoning Compliance (CZC-
03-067) application was approved, allowing the construction of a 9,691 square-foot building for
CUP-O4-041
Page I
Karate for Kids. The martial arts/private school use occupies 6,000 square-feet of the building,
leaving the remaining 3,691 square-feet for additional tenants. The subject applicant wishes to
obtain the City's approval to operate a restaurant out of 2,454 square-feet of the existing
building.
Landscape and site plans for this site have been previously approved willi CZC-04-029. The site
and landscape plan submitted with the subject CUP application is consistent with those
approved with the Certificate of Zoning Compliance (CZC-03-067) for the Karate for Kids
building (a.k.a. Genesis Building).
LOCATION & SURROUNDING USES
The subject property is located on the southeast comer of Linder Road and Franklin Road, in
Section 13, Township 3 North, Range I West.
The following uses surround the subject property:
North: Vacant, zoned CoCo
South: Tennis Court!ACHD Drainage Pond, zoned CoN.
East: RV. Storage, zoned CoN.
West: Hark's Corner Gas Station, zoned CoCo
OWNER OF RECORD
The property owner of record is Genesis Center, LLC. Arthur Stevens, who is a registered agent
for Genesis Center, LLC, has submitted notarized consent for the subject application.
STANDARDS FOR CONDITIONAL 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 evidence 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;
The applicant is not requesting any modifications to any required setbacks, open space,
parking, landscape or any other requirement required by City Ordinance.
Parking: The submitted site plan depicts fifty-two on-site parking stalls for this site. The
existing building is 9,691 square-feet. Per MCC 11-13-5, the applicant is required to
provide a ratio of I stall for every 200 square feet of building. The parking ratio for this
site exceeds the minimums for the sum of the different uses (martial arts). Staff finds
that this parking ratio exceeds the minimum parking requirements established in MCC
11-13.
CUP-O4-041
Page 2
Landscaping: Perimeter landscaping was installed with the approval and construction of
the subject building for the martial arts center (CUP-03-035). This site is in compliance
with MCC 12-13 (Landscape Ordinance), additional landscaping is not required.
Staff finds that the subject property is large enough to accommodate all required
setbacks (yards), open spaces, landscaping and other features required by the ordinance.
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 Comprehensive Plan Future Land Use Map designates the property as
"Commercial." The subject site is currently zoned C-N (Neighborhood Business
District). The purpose of the CoN 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).
Staff finds that the requested use is consistent with the above-mentioned purpose
statement of the CoN zone and the goals, objectives, and action items ofthe
Comprehensive Plan. If approved as a CUP, staff finds that the project will be in
compliance with the requirements established by ordinance.
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;
Similar commercial type uses have been designed, constructed, operated and maintained
in this area. Staff finds that the construction, operation, and maintenance of a fitness
center will change the existing character of the southeast comer of the Linder
Road/Franklin Road intersection. However, staff does not believe that the change will
adversely affect the neighborhood. Staff fmds that the proposed restaurant use will not
change the intended character of the general vicinity, and that the design, operation, and
maintenance should be compatible with other uses in the neighborhood. Staff
recommends that the Commission and Council reference anv written or oral testimonv
provided at the public hearing. as well as staff's analvsis. when determining ifthe
proposed use will adverselv change the character of the area.
D.
That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
If the applicant complies with all conditions imposed, staff does not anticipate that the
proposed use will have any adverse affect on nearby properties. Staff recommends that
CUP-O4-041
Page 3
the Commission and Council reference any written or oral testimony provided at the
public hearing, as well as staff's analysis, when determining if the proposed use will
adversely affect other property 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;
All essential public facilities and City services listed above currently serve this site. On
October 8, 2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property. All of the detailed conditions
ITom the Meridian Police Department, Meridian Fire Department, and other
agencies/departments are at the end of this report.
The Commission and Council should reference any written or verbal testimony
submitted by the Meridian Police Department, the Meridian Fire Department, the
Meridian Parks Department, and any other agency providing service to this site,
regarding their ability to adequately service this project.
Staff finds that the subject property can be served adequately by all essential public
facilities and City services.
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;
As noted in the finding above, all public facilities and services are currently provided to
this site. All required site improvements/modifications will be funded and constructed by
the applicant/developer. Staff finds that the proposed use will not be detrimental to the
economic welfare of the community, nor will the use create the need for any new
facilities or services to be paid for by the public.
G.
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;
Staff finds that the proposed use will create additional traffic on the adjacent roads.
Further, the parking and maneuvering of cars and pedestrians may generate additional
noise for surrounding properties. However, staff does not believe that the additional
noise should be excessive. To ensure that noise and traffic do not become problematic
for the neighborhood. the hours of operation for the fitness center should be limited ITom
6 am to 10 pm. Sundav- Thursday. and 6 am to midnight. Fridav and Saturdav. If the
CUP-O4-041
Page 4
6.
conditions imposed with this report are complied with, staff finds 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.
H.
That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create an interference with traffic on surrounding public
streets;
Access to the site is currently provided from driveways on Franklin Road and Linder
Road. No new access points are being requested with this application. Ifthe applicant
continues to comply with all of ACHD's requirements, staff finds that the proposed use
will not create significant interference with any traffic on the surrounding public streets.
I.
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 is not aware of any natural or scenic feature(s) that would be lost, damaged or
destroyed by allowing the proposed use to operate on this site.
SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT)
1. All applicable conditions of the previously approved Certificate of Zoning Compliance
(CZC-03-067), and CUP-03-035 shall also be considered conditions of this Conditional
Use Permit (CUP-04-041).
2.
The Site Landscape Plan prepared by Architecture Northwest, P.A., labeled A-I.O, dated
October 2003, is approved with this application. This CUP approval is only valid for the
proposed restaurant/café use only.
3.
The hours of operation for the subject restaurant/café shall be restricted to 6:00 am to
10:00 pm, Sunday - Thursday, and 6:00 am to midnight, Friday and Saturday. This
restriction shall include deliveries.
4.
Off-street parking is approved as shown on the submitted site plan. In accordance with
MCC 11-13-5, all standard parking stalls must be maintained at 9-feet by 19-feet
minimum, and drive aisles must be at least 25-feet wide. All vehicular use areas shall be
paved in accordance with Meridian City Code.
5.
No signs are approved with this CUP. All signs will require a separate sign permit in
compliance with the sign ordinance. All signage shall be in accordance with the
standards set forth in Section 11-14 of the City Zoning and Development Ordinance.
No building or other structure shall be erected, moved, added to or structurally altered,
nor shall any building structure or land be established or change in use on this site
CUP-O4-041
Page 5
11.
12.
13.
without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian
Planning and Zoning Department (MCC 11-19-1).
7.
All construction shall conform to the requirements of the Americans with Disabilities
Act.
8.
In accordance with MCC 12-13-8 and MCC 9-1-2, an underground, pressurized
irrigation system shall be installed to all landscape areas.
9.
Prior to construction, a drainage 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
Meridian standards and policies. Off-site disposal into 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.
Outside lighting shall be designed and placed in such a manner as to eliminate glare and
illumination of the adjoining roadways and properties, in accordance with City
Ordinance Section 11-13-4.C.
All required improvements must be complete prior to obtaining a Certificate of
Occupancy for the proposed use. 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 amount of
110% of the cost of the required improvernents (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.
This conditional use permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new conditional use permit must be
obtained prior to the start of development.
The applicant's (or successor's) failure to comply with any of the terms of approval of
the conditional use permit shall be cause for revocation of the conditional use permit.
OTHER AGENCYillEP ARTMENT COMMENTS/CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. No comment.
SANITARY SERVICE COMPANY
1. No comment.
CUP-O4-041
Page 6
MERIDIAN PARKS DEPARTMENT
I. The Parks Department has no concerns with the site design as submitted with the
application.
RECOMMENDATION
Staffrecommends approval of the submitted Conditional Use Permit (CUP-O4-041)
application with the conditions listed herein.
CUP-O4-041
Page 7
RECEIVED
OCT 2 9 2004
Planning and Zoning - Craig Hood
City Clerk - T. Green
2û8-84-5533
City Of Meridian
City Clerk Office
October 29th, 2004
Re: Joltz Internet Café LLC Conditional Use Permit staff report
Dear Craig,
ThiS !,,:,tt":'r is in respons":' to the Jo!tz !f!terf!et Café CUP st8ff report. ! hay,,:, f":'8d th,,:, report Ser1t to !TI":'
on October 27,2004 and agree to follow site specific conditions. Thank you.
S~z:::r.r.c C!:::rk
joitz internet Café LLC
~~~n~ninn ()"",cr
"'-"-';""; ~",.~,
2û8-440-4466
~&~'J~'Z)~
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
lQOc(ober, 2004
Phones: Areo Code 208
OFFICE: Nompo 466-7861
SHOP: Nompo 466-0663
William G. Berg Jr.
City Clerk
RE:
CUP 04-0411Joltz Internet Cafe
Dear Will:
Nampa & Meridian Irrigation District has no comment on the above referenced
application for Conditional Use Permit aplproval for an espresso/internet café in the CoN
zone for JoItz Internet Cafe, LLC.
Thank you,
11¿&f ~
Bill Henson
Asst. Water Superintendent
Nampa & Meridian Irrigation District
BHldbg
c:
Water Superintendent
File-Office/Shop
APPROXIMATE IRRIGABlE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS 40,000
1)11 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT
\3Ö' BtðL!~ Environmental Health Division
Ie 1-1
.--
11 J
Relurn 10:
0 Boise
0 Eagle
0 Garden City
~Meridian
0 Kuna
OACZ
0 Star
Rezone #
Conditional Use # 0 '1- CJ VI
Preliminary / Final/Short Pial
.JOLT! .r¡)/~M/
(!I'J-ç¿
01. We have No Objections to this Proposal.
0 2. We recommend Deniai of this Proposal.
0 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
0 4. We will require more data concerning soil conditions on this Proposal before we can comment.
05.
OCT 1 4 2004
City of Meridian
City Clerk Office
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
0 high seasonal ground water 0 waste flow characteristics
0 or bedrock from original grade 0 other
0 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
0 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
0 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
0 central sewage 0 community sewage system 0 community water well
0 interim sewage 0 central water
0 individual sewage 0 individual water
09. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
0 central sewage 0 community sewage system 0 community water
0 sewage dry lines 0 central water
0 10. Run-off Is not to create a mosquito breeding problem.
0 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
0 12. if restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Reguiations.
'0('13. We will ~q 're plans be submitted for a plan review for any:
r food establishment 0 swimming pools or spas
beverage establishment 0 grocery store
0 child care center
014. Please see attached stormwater management recommendations
015.
DO'~/O~
Reviewed BY:'(i1 .¡1Ic
"726-<)OIEHOB04
Review Sheet
~.
ocr 1 9 2004
City of Meridian
City CIerI¡ Office
Meridian Planning and Zoning
660 E. Watertower Ln., Ste ~02
Meridian, Idaho 83642
October 19, 2004
.
Regarding: Public Hearing signs for Joltz Internet Café on the SE corner of Linder and
Franklin-1535 W. Franklin Rd. Ste Band C
Dear City Planners,
This letter is to attest that the public hearing signs announcing the Joltz Internet Café CUP
hearing on November 4th, have been posted as required on Monday, October 18th.
- Sign one (1) posted on the North side of the property on Franklin.
- Sign two (2) posted on the West side of the property on Linder.
(pictures attac;hed)
If you have any questions please don't hesitate to call at 440-4466.
Thank you,
Æ~
Sworn alii Subscribed to before
me on this I tflh day of () cf .
. ~{)Olt.
~./ e..~
Notary fJUb/ic
County of Ada, Idaho
Commission Expln!e I tJ h...? J 01
. ,
Managing owner of Joltz Internet Café
Joltz Jntemet Cafe'LLC
1535 W. Franklin Rd Suites B & C . Meridian, 10 83642 . Phone: (208)440-4466
E-mail: sueclark63@cableone.net
North side of property on Franklin
RECEIVED
OCT 1 9 200~
City of Meridian
City Clerk Office
North side of property on Franklin
RECEIVED
OCT' 9 2004
City of Meridian
City Clerk Office
West side of property on Linder
RECEIVED
OCT' 9 2004
City of Meridian
City Clerk Offic.
":4 - .;~.r,~
.-,'
«
West side of property on Linder
RECEIVED
OCT 19 2004
City of Meridian
City Clerk Olfice
.":':;¡>
Ada County Highway District
John S. Franden, President
David E. Wynkoop 1st Vice President
Susan S. Eastlake, 2nd Vice President
Sherry R. Huber, Commissioner
Dave Bivens, Commissioner
3775 N. Adams Street
Garden City ID 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: tellus@ACHD.adajd.us
November 1, 2004
RECEIVED
r:ov - 3 2QO~
TO:
Joltz Internet Cafe LLC
1535 W. Franklin Road, Suite B & C
Meridian, I,daho 83642
City 01 Meridian
City Clerk Olliee
SUBJECT:
MCUP04-041
Cafe
1535 W. Franklin
On July 23, 2003, the Ada County Highway District Commissioners acted on MCUP03-035. The
roadway improvements and approved driveways were constructed with that project. The District does
not have any additional requirements for MCUP04-041.
If you have any questions or concerns please feel free to contact this office at (208) 387-6174.
CC:
Project File, Construction Services, Drainage, Utilities
Lead Agency: City of Meridian
Sundell Architecture 4410 Rim Street Boise, Idaho 83706
Suzanne M. Clark 104 E. Fairview Avenue #220
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Il-'11J~
Yt~~
Sincerely,
~'e~g~
Planner II
Right-of-Way and Development Services, Planning Division
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Characteristics of Property
The subjecI property is located at the SE comer
of the Franklin and Linder Road intersection.
Franklin Road being a major arterial and Linder
being a minor arterial for the surrounding area.
Joltz Internet Café will be located on this property
and will benefit the children and parents of Ihe
nearby Crestwood Estates, Karale For Kids,
Peregrine Elementary and both Meridian High and
Meridian Middle Schools as well as the city of
Meridian.
e majority of the traffic generated will occur
áfter typical rush hour limes with the bulk heing
in the evenings and week-ends.
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