HomeMy WebLinkAboutSubway CUP 01-045BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE )
REQUEST CONDITIONAL USE )
PERMIT FOR 1743 SQ. FT. )
SANDWICH SHOP (SUBWAY) IN )
AN L-O ZONE )
)
BLAINE & CYNTHIA JACOBSON,
Applicant
Case No. CUP - 01-045
RECEIVED
4AR 27 2002
CITY OF MERIDIAN
CITY CLERK OFFICr-
RECOMMENDATION TO CITY
COUNCIL
The property is located at the northeast comer of Magic View and S. Allen Street,
Meridian.
The owner of record of the subject property is W.H. Moore Company of Boise.
Applicants are Blaine & Cynthia Jacobson of Boise.
The subject property is currently zoned L-O. The zoning district of L-O is defined
within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
The applicant requests the conditional use permit for a drive-thru Subway
restaurant. The L-O zoning designation within the City of Meridian Zoning and
Development Ordinance requires a conditional use permit be obtained for most
uses including those requested by the Applicant. (Meridian City Zoning and
Development Ordinance, Section 11-8-1).
The Meridian Plarming and Zoning Commission recognizes that the proposed
application is in compliance with the Meridian Comprehensive Plan.
The use proposed which is the subject of this will, in fact, constitute a conditional
use as determined by City policy.
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RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Metidian that they approve the requested conditional use pemfit as
requested by the applicant for the property described in the application, subject to the
following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
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 meet 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 serves
the property to the north. This is a private service line within an easement. The
existence of this s~rvice line should be considered when placing and selecting trees
for this area. A detailed irrigation plan with performance specifications will be
required as part of the revised landscape plan. A pathway through landscaping for
foot traffic from the surrounding building shall be provided.
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 Heating that provides a 25-foot wide driveway
aisle width for the northern parking stalls and that provides at least a 9' wide drive-
through lane.
All exterior lighting, whether attached to the building or located within the parking
lot, shall be down-shielded or othc~rwise altered so that the light does not spill over
onto adjacent properties or right-of-way. All parking lot lighting shall be in
accordance with Ordinance 11-13-4C.
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.
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6. The hours of operation shall be from 10:00 a.m. to 9:00 p.m. Sunday through
Wednesday, and from 10:00 a.m. to 11:00 p.m. Thursday through Saturday.
7. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
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
hearings, 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 heating process and must
include all owners of the property included in the original Development Agreement.
If drive-throughs are to be considered on this property, staff recommends that they be
hmited and that the amendment to the development agreement be very specific that it
is not a blanket amendment to all of the property.
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 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 sight-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.
11. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obta'med 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
improvements (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.
12. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/conditions.
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13. 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.
14. A Certificate of Zoning Compliance and a building permit shall be obtained prior to
the start of construction.
15. 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.
Adopt the Recommendations of the ACHD as follows:
The applicant should provide the District with a copy of a recorded access easement
among the parcels for use of the driveway for access to the public street prior to
approval.
Dedicate 29-feet of right-of-way from the centerline of Magic View Drive abutting
the parcel by means of recordation of a final subdivision plat or execution of a
warranty deed prior to issuance of a building permit (or other required permits),
whichever occurs first. Allow up to 30 business days to process the right-of-way
dedication after receipt of all requested material. The owner will not be
compensated for this additional right-of-way because Magic View Drive is a
local/local commercial street and is to be brought to adopted standards by the
developers of abutting properties.
3. Applicant is proposing two driveways on Magic View Drive;
Proposed driveway # 1 is located approximately 110-feet from the intersection
of Allen Street and Magic View Drive. This location meets District policy and
is approved with this application. Pave the driveway to its full-required width
of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Magic
View Drive.
Proposed driveway # 2 is located approximately 250-feet fi'om the intersection
of Allen Street and Magic View Drive. This location meets District policy and
is approved with this application. Pave the driveway to its full-required width
and to a point 30-feet beyond the edge of pavement of Magic View Drive.
Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-
feet beyond the edge of pavement of Allen Street.
Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on Magic
View Drive abutting the parcel. Improvements shall be constructed to one-half of a
40-foot street section.
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5. Replace any damaged curb, gutter, and/or sidewalk on Allen Street to match existing
improvements. Segments to be replaced shall be determined by ACHD Construction
Services staff. Contact Construction Services at 387-6280 (with file number) for
details.
6. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact ACHD's Utility Coordinator at 387-
2516 or 378-6258 (with file number) for details.
7. Meet District drainage requirements per section 8000 of the ACHD Development
Policy Manual. Contact District staff at 387-6170 for details.
If utihty relocation is necessary to construct improvements required with this
development, then all utility relocation costs associated with improving street
frontages abutting the site should be borne by the developer.
9. Any existing irrigation facilities should be relocated outside of the right-of-way.
Adopt the Recommendations of Central District Health as follows:
10. Run-off is not to create a mosquito breeding problem.
11. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
12. The Engineers and architects involved with the design of the subject project
shall obtain current best management practices for stormwater disposal and
design a stormwater management system that prevents groundwater and
surface water degradation.
13. Applicant shall submit plans for a food establishment review.
Adopt the Recommendations of Sanitary Service as follows:
14. Waste Enclosure is well located, however, applicant shall allow for a 12' gate
opening for serviceability.
Adopt the Recommendations ofNampa & Meridian Irrigation District as follows:
15. Applicant shall apply for a Land Use Change application.
Adopt the Recommendations of the Meridian Fire Department as follows:
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16. 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.
17. Acceptance of the water supply for fire protection will be by the Meridian Water
Deparmaent.
18. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
19. All radii shall be 28' inside and 48' outside radius.
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