HomeMy WebLinkAboutJade Plaza CUP
CUP 04-056
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Sundance Investments, LLP
March 3, 2005
ITEM NO.
7
REQUEST Continued Public Hearing from February 17,2005: Conditional Use Permit for
two separate drive-up windows in a C-C zone for Jade Plaza - 3679 East Overland Rood
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
See previous Item packet/attached minutes
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See attached staff report
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CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SffiLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Contacted:
Pâ::,f-wc1.e)t. Date: j-I-Q') Phone: 38'5-1)~.'<¡~
+f:aJp~~5@rm~. npf Staff Initials: h1*
Materials presented at public meeHngs shall become property 01 the City 01 Meridian.
Emailed:
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MAYOR
Tammy de Weerd
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LEGAL DEPARTMENT
(208) 466-9272 ,Fax 486-4405
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 ,Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wardie
Charles M. Rountree
PLANNiNG AND ZONING
DEPARTMENT
(208) 884-5533, FAX 888-6854
MEMORANDUM:
Transmittal Date: January 19, 2005
Hearing Date: March 3, 2005
To:
Mayor, City Council and Planning & Zoning Commission
Joseph R. Guenther, Associate City Planner ~.
Bruce Freckleton, Assistant to City Engineer
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FEB 25 2005
From:
Re:
City Of Meridian
Jade Plaza Retail Buildinl! City Clerk Office
Request for a Conditional Use Permit for a Drive-Through restaurant in a C-C Zone,
by Sundance Investments (File No. CUP-O4-056).
We have reviewed this submittal and offer the following comments, as conditions of the applicant.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council:
APPLICATION SUMMARY
On behalf of Sundance Investment, the applicant, Larson Architects, has requested approval of a
conditional use permit (CUP) for a new 1600 square foot restaurant building with a drive-through
lane in a 13,513 sq ft building. The applicant amended the approval on February II, 2005 to only
one drive through window. The original CZC and CUP requests were for two drive through
windows, the amended site plan SP-I drawn by Larson Architects for review is dated January 4,
2005, the landscape plan L-I drawn by The Land Group is dated December 29, 2004. The
Conditional Use Permit is required due to the proposed drive-through. The hearing was scheduled
for February 17, 2005 and stayed until March 3, 2005 at the applicant's request, as stated in a letter
received February 15, 2005. The applicant has revised the site notice to reflect these changes.
The proposed project sits on Lot I, Block I of Silverstone Corporate Campus Subdivision at the
comer of Overland Road, Silverstone Way, and Jade Avenue.
LOCATION & SURROUNDING USES
The subject property is located near the intersection of Overland Road and Eagle Road, in the
Silverstone Corporate Campus Subdivision. The following uses surround the subject property:
North - Rural residence and vacant land, zoned RUT (Ada County).
South - Silverstone Corporate Campus Subdivision, zoned C-C.
CUP-O4-002
Jade Plaza.CUP
Planning & Zoning CommissionlMayor & City Council
March 3, 2005 (Hearing Date)
Page 2
East - Silverstone Corporate Campus Subdivision, zoned C-C.
West- Silverstone Business Campus Subdivision, zoned C-C.
OWNER OF RECORD
The owner of record is Sundance Investments Limited Partnership, and they have given their consent
for the applicant to submit the requested conditional use permit.
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms ofthe following, and may approve a conditional use permit
i!they shall fmd 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;
Staff finds that the subject property, as depicted, is large enough to accommodate the
required open spaces, parking, landscaping and other features required by the ordinance.
Parking stalls are required at the ratio of one space per 200 s.f. of gross floor area. The
building (13,513 s.t) requires 68 parking spaces; 74 spaces are proposed with three additional
Handicap Accessible spaces.
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 Land Use Map designates the property as "Mixed Use-----Regional"
and it is currently zoned C-C. Mixed Use-----Regional allows for retail and restaurants and
drive-through facilities (see Comprehensive Plan, p. 98). Ordinance 11-8-1, Schedule of Use
Control, allows for drive-in establishments through the conditional use process in the C-C
zone. The Development Agreement for the subdivision also allows for drive-through
projects through the conditional use process. Staff fmds that the requested uses are in
compliance with the approved Future Land Use Map and that if approved as a CUP the
project will be in compliance with the MCC.
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;
The abutting properties to the south and west are part of the Silverstone Campus and are
CUP-O4-056
Jade Plaza.CUP
F.
G.
CUP-O4-056
Planning & Zoning Commission/Mayor & City Council
March 3, 2005 (Hearing Date)
Page 3
intended for development of a similar nature. Properties across Jade A venue and Silverstone
Way to the east are in Silverstone and are also being developed in a similar fashion. The
existing rural residence across Overland Road from the project will experience a change from
existing conditions; however, the Comprehensive Plan shows that the future intended land
use of the area is designated Low Density Residential. Therefore, staff finds that the
proposed development will not adversely change the existing or intended character of the
general vicinity; the decision to change the character of the area was already made with the
approval of Silverstone Business Campus Subdivisions.
D.
That the proposed use, if it complies with aU conditions of the approval imposed, will
not adversely affect other property in the vicinity;
The adjoining property to the south is owned by the same property owner that has consented
to submittal of this application. Therefore, staff does not anticipate that the proposed use
will adversely affect adjacent properties. The Commission and Council should rely upon
public testimony to determine if the development will adversely affect the 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;
The project has vehicular access from Silverstone Way and Jade A venue via Overland Road
a previously approved curb cut for Silverstone Corporate Campus Subdivision. ACHD
approved the proposed project with no new conditions, except to comply with the conditions
already placed on the subdivision. Water and sanitary sewer service to the project is readily
available to the site via mains installed as part of the subdivision improvements.
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;
If approved, the developer will finance the extension of sewer, water, utilities and
pressurized irrigation to serve the project. The primary public costs to serve the future
residents will be fire and police services. Staff finds there will not be excessive additional
requirements at public cost and that the proposed use will not be detrimental to the
community's economic welfare.
That the proposed use will not involve activities or processes, materials, equipment, aud
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
Jade Plaza.CUP
Planning & Zoning Commission/Mayor & City Council
March 3, 2005 (Hearing Date)
Page 4
odors;
No new trip generation estimates were provided by ACHD, since estimates for the entire
subdivision were approved previously when it was subdivided. Staff finds that no excessive
traffic, smoke, fumes, glare or odors will result ITom the proposed use.
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;
All vehicular approaches were previously approved with Silverstone Corporate Campus
Subdivision. Staff finds that the proposed use will not create significant interference with
traffic on the surrounding public streets. ACHD will not prepare a separate site-specific
report for the proposed project and instead have simply required the project to comply with
conditions of approval already placed on the subdivision as a whole.
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 finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of
this conditional use. The Eight-Mile Creek lies upon this site and was addressed in the
development of Silverstone Corporate Campus Subdivision. The 10' multiuse pathway
along Eight Mile Creek shall be maintained as previously approved.
SPECIAL CONSIDERATIONS
None.
CONDITIONS OF APPROVAL
PLANNING & ZONING (P&Z) I PUBLIC WORKS
I. This Conditional Use Permit shall be subject to all applicable conditions of approval ITom
the Silverstone Corporate Campus Subdivision (CUP-03-044, PP-03-018 FP-04-016).
2. This conditional use permit shall be subject to the expiration provisions set forth in MCC
ll-17-4.B.
3. All parking stalls drive aisles and drive-thru lanes shall be constructed per the dimensions
depicted on the submitted site plans and MCC.
CUP-O4-O56
Jade Plaza.CUP
Planning & Zoning CommissionlMayor & City Council
March 3, 2005 (Hearing Date)
Page 5
4. All parking and drive aisles shall be paved for all uses, in compliance with the submitted
plans. Handicap parking spaces shall be signed and striped in compliance with Federal
accessibility guidelines.
5. The project shall provide cross-access to the south, as depicted on the site plan.
6. Sanitary sewer and water service shall be ITom service lines currently installed adjacent to the
property.
7. All exterior lighting, whether attached to the building or located within the parking lot, shall
be down-shielded or otherwise 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.
8. All signage shall be in accordance with the standards set forth in this report and Section 11-
14 of the City Zoning and Development Ordinance. All signage is subject to review and shall
require separate permits.
9. All construction and site improvements shall conform to the requirements ofthe Americans
with Disabilities Act and the adopted building and fire codes.
10. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) forall off-street parking areas.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm WaterBest 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.
II. Any drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period of time not to exceed 24 hours for all storms up to and
including a IOO-year storm event.
12. 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 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 improvements (including paving,
striping, landscaping, and irrigation). A bid must accompany any request for temporary
occupancy.
CUP-O4-056
Jade Piaza.CUP
Planning & Zoning Commission/Mayor & City Council
March 3, 2005 (Hearing Date)
Page 6
POLICE DEPARTMENT
1.
The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed three feet in height around the drive through and ATM. Please coordinate the
planting with Chief Musser prior to submitting for a Certificate of Zoning Compliance.
2.
Passive lighting should be used to ensure that all public areas are well-lit and visible during
evening hours.
FIRE DEPARTMENT
1.
Acceptance of the water supply for fire protection will be by the Meridian Water Department.
2.
Coordinate fire hydrant locations with the Fire Marshall, Joe Silva, prior to submitting for a
Certificate of Occupancy (CZC). Final Approval of the fire hydrant locations shall be by the
Meridian Fire Department.
a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
Fire Hydrants shall be placed on comers.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
e.
f.
3.
All entrance and internal roads shall have a turning radius of 28' inside and 48' outside.
4.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5.
Building setbacks shall be per the Building Code for one and two story construction.
6.
Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
7.
Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire
Code to service the proposed project. Fire hydrants shall be placed an average of300' apart.
8.
The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to
be borne by the developer.
CUP-04-Q56
Jade Ptaza.CUP
Planning & Zoning CommissionlMayor & City Council
March 3, 2005 (Hearing Date)
Page 7
RECOMMENDATION
Upon resolution of the remaining issues raised in this report, staff recommends approval of this
application with the aforementioned conditions of approval.
CUP-O4-0S6
Jade Plaza.CUP
Meridian Planning & Zoning
February 17. 2005
Page 74 0176
irrigation, the applicant will -- or shall enter into a well development fees -- or have well
development fees for each lot. End of motion.
Rohm: Second.
Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That
motion carries.
MOTION CARRIES: ALL AYES.
Item 15:
Item 16:
Item 17:
Public Hearing: AZ. 05-001 Request for an Annexation and Zoning of
156.49 acres to R-8 & L-O zones for Bainbridge Subdivision by Brighton
Properties, LLC - SWC of Chinden Boulevard and North Ten Mile Road:
Public Hearing: PP 05-002 Request for Preliminary Plat approval of 429
building lots and 35 common lots on 155.44 acres in proposed R-8 and L-
0 zones for Bainbridge Subdivision by Brighton Properties, LLC - SWC
of Chinden Boulevard and North Ten Mile Road:
Public Hearing: CUP 05-002 Request for a Conditional Use Permit fora
Planned Development consisting of 428 residential building lots, one
church lot and 35 common lots lo~ted in a "mixed-use neighborhood
center" designation on the Comprehensive Plan for Bainbridge
Subdivision by Brighton Properties, LLC - SWC of Chinden Boulevard
and North Ten Mile Road:
Zaremba: Thank you. I will open the Public Hearing on Items 15, 16, and 17. This is AZ
05-001, PP 05-002, and CUP 05-002, all within Bainbridge Subdivision and we have a
request from both the applicant and the staff that these items be continued to March 3rd
of 2005.
Borup: Mr. Chair, I would so move.
Newton-Huckabay: Second.
Zaremba: We have a motion andà second to move all three items to March 3rd, 2005.
Allin favor say aye. Any opposed? That motion carries on all three items.
MOTION CARRIED: ALL AYES.
Item 18:
Public Hearing: CUP 04-056 Request for a Conditional Use Permit for
two separate drive-up windows in a C-C zone for Jade Plaza by
Sundance Investments, LLP - 3679 East Overland Road:
Zaremba: I will open Public Hearing CUP 04-056, a Conditional Use Permit for two
separate drive-up windows in a C-C zone for Jade Plaza by Sundance Investments and,
Meridian Planning & Zoning
February 17, 2005
Page 75 of 76
again, we have a request from the applicant to delay this to modify it. They have asked
to move it also to March 3rd, but I would like to ask staff has staff received their
modification and we need more time?
Canning: Chairman Zaremba, I believe that they have. This is in -- its in EI Dorado or
Silverstone and I think it was really a very cut and dry application that should be quite
simple for you to handle on the 3rd, so I think this will not be a big item once we get the
revised site plan.
Zaremba: Thank you. Commissioners? I would entertain a motion to continue this Public
Hearing to March 3rd.
Rohm: So moved.
Newton-Huckabay: March 3rd?
Zaremba: March 3rd.
Newton-Huckabay: Oh.
Rohm: Second.
Zaremba: Okay. We have a motion and a second. All in favor say aye. Any opposed?
That motion carries.
MOTION CARRIES: ALL AYES.
Zaremba: One more motion.
Moe: Mr. Chairman, I move we adjourn.
Rohm: Second.
Zaremba: We have a motion and a second to adjourn. All in favor say aye. Any
opposed? That motion carries una,nimously.
MOTION CARRIED: ALL AYES.
Zaremba: We are adjourned at 11 :28 by the clock on the wall.
MEETING ADJOURNED AT 10:20 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS.)
APPROVED
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
March 3, 2005
ITEM #
7
DATE
PROJECT NUMBER
CUP 04-056
PROJECT NAME
Jade Plaza
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL
CUP 04-056
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Sundance Investments, LLP
February 17,2005
ITEM NO.
18
REQUEST Public Hearing: Conditional Use Permit for two separate driv3e-up windows in
a C-C zone for Jada Plaza - 3679 East Overland Rood
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY SEWER DEPT:
CITY PARKS DEPT:
No Comment
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CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SffiLERS' IRRIGATION:
No Comment
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Contacted:
Emalled:
Date:
Phone:
Staff Initials:
MaterIals presented at publle meeHngs shaD become property oIlheClty 01 Meridian.
aB CENTRAL
.. DISTRICT
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CENTRAL DISTRICT HEALTH DEPARTMEt;I Return to:
Environmental Health Division RECEiVED 0 Boise
JAN 28 2005 0 Eagle
0 Garden City
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City of Meridi.an
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Rezone #
Conditional Use # c> Y - (!) S ~
Preliminary / Final/Short Plat
01. We have No Objections to this Proposal.
0 2. We recommend Denial of this Proposal.
0 3. Specific knowledg~ as to the exact type of use must be provided bef()re we can comment on this Proposal.
0 4. We will require more data concerning soil conditions on this Proposal before we can comment.
05.
Before we can comment concerning individual sewage disposal, we will require more data conceming the depth ot:
0 high seasonal ground water 0 waste flow characteristics
0 or bedrock from original grade 0 other
06. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
suriace 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
0 9. 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
010. 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 it 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 Regulations.
'rv<. 13. We will rl;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
0 14. Please see attached stormwater management recommendations
015.
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Reviewed By: 1Yl å . '\...-
15726,001EH0904
Review Sheet
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
DATE
February 17, 2005
ITEM #
18
PROJECT NUMBER
CU P 04-056
PROJECT NAME
Jade Plaza
NAME (PLEASE PRINT
FOR
AGAINST NEUTRAL
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Larson Architects, P.A.
2IOMurray Street. Boise, Idaho 83714
(208) 376-7502 . Fax (208) 658-0224
February 15,2005
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FEB 1 5 2005
Jessica Johnson
City of Meridian
Planning & Zoning
33 E, Idaho
Meridian, Idaho 83642
(f) 888-4218
City Of Meridian
City CI'~rk Office
Re:
Conditional Use Pemlit #04-056
Jade Plaza - 3678 Overland Road
Dear Jessica:
In follow up to OU:r previous letter we like to clarify our original request.
Our original request was for a moclification to our Conclitional Use Application. The
original proposal was for two drive up windows, Due to tenant use changes we wouJd
like to moclify this request to one drive-up window.
Therefore we wouJd like to table the February 17, 2005 hearing and rescheduJe for the
March 3' 2005 hearing to allow for the site plan moclifications
Please can if you have any questions or need any additional infonnation.
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