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HomeMy WebLinkAboutNovember 18, 2004 P&Z Minutes Meridian Planning & Zoning November 18, 2004 Page 31 of 64 MOTION CARRIED: ALL AYES. Item 9: Public Hearing: CUP 04-046 Request for a Conditional Use Permit for a drive-thru window in a C-C zone for Jack in the Box by RHL Design Group - NWC of E. Goldstone Drive and North Eagle Road: Borup: Thank you. Next item is CUP 04-046, request for a Conditional Use Permit for a drive-thru window in a C-C zone for Jack in the Box by RLH Design Group. I'd like to open this hearing and start with the staff report. Wilson: Chairman Borup, Members of the Commission, the application before you is for a Conditional Use Permit for a Jack in the Box restaurant. It's located on Lot 3, Block 4 of Bonito Subdivision, at the intersection of Eagle Road and East Goldstone Drive, which is down right there. Wrong way. It's a portion of the platted Bonito Subdivision. Landscape improvements were completed as part of the Bonito Subdivision along Eagle Road and East Goldstone Drive. The site is 1.61 acres. Zoned C-C. In the C-C zone, a restaurant is a permitted use. The conditional use aspect of it is the drive-thru. There is also a convenience store located in the same structure as the restaurant, with fuel pumps associated with it. In the C-C zone that would normally be a conditional use as well. The development agreement for Bonito Subdivision allows it as a permitted use. So, the matter before you tonight is the drive-thru for the restaurant. I have to apologize first. There is a typo in the parking section of the standards. In the same paragraph I state that they have provided 48 and I say 50. There are 48 regular parking spaces provided, with two handicapped. The required landscape street buffers, as I mentioned previously, were completed as part of the Bonito Subdivision. There is some required landscaping along the perimeter of the drive aisle and parking area as depicted in the landscape plan here. This is required landscaping. They have provided -- a five-foot buffer is required by the ordinance, as well as one tree per 35 linear feet. A couple of the outstanding issues let's go ahead and touch base on. Well, we'll go through the elevations here, since they are next. The upper elevation is the drive-thru side of the structure. The lower elevation would be the main entrance with the Jack in the Box sign and entrance here and, then, the Quick Stuff convenience store sign entrance here. This would be that elevation right there. A couple more elevations. The upper elevation is the -- would be the easterly elevation facing portions of the parking lot. The bottom elevation would be the northerly elevation facing the north lot line and the drive-thru lane. Let's see, which one shows this best. This proposal is on a portion of the platted Lot 3, Block 4 on Bonito Subdivision. The applicant has proposed to complete a record of survey after approval of the application. The -- maybe if I can get some assistance from Brad to get this up on the camera. The platted Lot 3, Block 4 of the Bonito Subdivision lot line does go all the way across there and like that. The applicant has proposed that with a record of survey the lot line would shift slightly north and down like that, making a reconfigured -- I think that's Lot 2, Block 4. A condition in the staff report is that this is recorded -- this record of survey is recorded before issuance of the certificate of zoning compliance associated -- that would be associated with this structure. The reconfiguration of the lot does raise another issue, which is the need for cross-access and I think -- let's see if we can get back to the Powerpoint. Thanks. Meridian Planning & Zoning November 18, 2004 Page 32 of 64 Once that lot line is shifted, egress -- vehicular egress from the site - because this right here is a right-in, right-out, will take place through this curb cut here, requiring a cross- access agreement with the newly reconfigured Lot 2, Block 4. That's another item for consideration. And also per the landscape ordinance no more than 12 parking spots may be located in a row without a landscape island. There is 25 right there now, so it makes pretty good sense to put a landscape island in the middle of that row of parking, creating 12 and then 12 spots, which would comply with the ordinance. I think that's alii have right now. Borup: Okay. Thank you, Mr. Wilson. Questions from the Commission at this time? Does the applicant have -- Zaremba: I, actually, have two questions. Borup: Oh. Okay. Sorry. Sorry, Commissioner. Zaremba: And these are for anybody. My copy of the staff report was not perfectly copied, so I have a question. On page five at the bottom of page five there is a paragraph four and I see a bullet of which I only have the first few words. If anybody has a complete sentence there, can you read it to me? Wilson: I believe it's -- I think it's like that with all the copies. Mine was like that, too, and I was going to mention that and I apologize for forgetting. Zaremba: And I have the same thing at the bottom of page six; There appears to be a Paragraph ten that I don't have. Wilson: The omitted sentence on the bottom of page five -- I'll have to look and see what the last word that made it on there is. Borup: Eastern is the last one. Wilson: Okay. Thank you. That would read -- I'll read the entire bullet, for clarification. It reads: Add a planter island in the middle of the road, 25 parking spaces, near the eastern property boundary, creating two sections of 12 parking places each. And on page six, number ten was omitted as well. Okay. The first sentence is -- it's the first sentence of the certificate of occupancy. Condition of approval reads: Certificate of occupancy. All required improvements must be completed prior to obtaining -- and, then, continuing on the next page, a certificate of occupancy for the proposed development. Zaremba: Good. I didn't think there would be any surprises, but thank you. Borup: Okay. Would the applicant like to -- Meridian Planning & Zoning November 18, 2004 Page 33 of 64 Eagy: Richard Eagy with RHL Design Group, 1550 140th Avenue Northeast, Suite 100, Bellevue, Washington. 98005. We are in agreement with the staff report as written. Thank you. Unless you have-- Borup: Any questions? Moe: No questions here. Borup: That makes it easy. We thank you. Okay. Do we have anyone else here that would like to testify on this application? Seeing none -- Moe: Mr. Chairman, I move we close the Public Hearing. Zaremba: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Moe: Mr. Chairman, I move we forward to City Council recommending approval of CUP 04-046, with all staff comments for the hearing date November 18th, 2004, received by the city clerk November 15th, 2004. Zaremba: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Borup: Thank you. We would like a break. We will take a short break at this time. (Recess.) Item 10: Public Hearing: AZ. 04-028 Request for Annexation and Zoning of 43.83 acres from RUT to R-4 & L-O zones for Strada Bellissima Subdivision by Pinnacle Engineers, Inc. - NWC of Victory Road and State Highway 69: Item 11: Public Hearing: PP 04-038 Request for Preliminary Plat approval for 90 single-family residential building lots, 14 commercial office lots and 12 common lots of 42.46 acres in a proposed R-4 & L-O zones for Strada Bellissima Subdivision by Pinnacle Engineers,. Inc. - NWC of Victory Road and State Highway 69: Item 12: Public Hearing: CUP 04-047 Request for a Conditional Use Permit for a Planned Development consisting of a single family residential and office