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HomeMy WebLinkAboutMoxie Java CUP 02-008WHITE PETERSON *Also admitt~l in OR ** Also admitted inWA WHITE, PETERSON, MOP&OW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PHiL~ A. P~T~Z~N ERICA S. PHILLIPS Emc S. ROSSav~ TODD A. ROSSMAN DAVID M. SWARILItY PAI~mLA S. TAP&OW 'IZRlU~ R. W~Irr~** I~ICHOLA5 L. WOLL~ ATIDRNEYS AT LAW 5700 E. FRANKLIN RD., Surm 200 NAMPA, IDAHO 83687-8402 TEL (208) 486-1rZ72 FAX (20~) a~Ao$ E-MAIL {~tvhitepetemon.e, om MERIDIAN OFFICE POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-11~0 TEL. (208) 288-2499 FAX (208) 288-1193 PLEASE REPLY TO MERIDL~ OFFICE To: Staff elic~t cted Property Owner(s) Re: May 17, 2002 Application Case NO CUP02-008 RECEIVED ~:L¥ 2 3 2002 CITY OF MERIDIAN CITY C[ FRK' O~Cr- FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Find!ngs and Recommendations qf, .the PI.arming and Zoning Commission shall, be presented to the Ci_ty Coun.ci.1 at th9 p.umic~ean, ng.gn the above referenced .ma. tt~. bX the Planning and Zoning ^am!nistrator. ~ue.!9 m.e volume of matters which the City Coungil must decide, ml_d to in. sure yg.ur po.s. mon is understoqd and clear, it is impqrta:n_ t to have a_consis..tent tormat by whicn matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That y. ou take time to carefully review ~e Findings.and R~ommend,3.tions of.,th.e Plandhng and Zoning Commission, and be p. re_pared to stay. e your poo.s,mo.n.n,on t,ms applicaUon by addressing the Findings add RecommenclaUons m me t-lanmng aha Zoning Commission; and 2. That you. careful!), complete (be sure it is ie~ble) the Position Statement if _you disagree w~th the Fl.ndin~s and Recommendations of the Planning and Zoni.ng Commission, The Position Statement form for this application is available at the City Clerk's office. It is recommended that y. ou prepare a Pos. ition Statem, ,ent ,and deliver i.t to the_Ci.ty.. Clerk prior to the hearing, ff possible. If that is not possime, please presg, m your Position Statement to the C. ity Council at the hearing, along with ei~t (8) copies. The copies will be presented to _.the .Mayor, C. guncil, Planni~ng, and Zo'.m'ng Administrator, Public .Works and_the City_Attorney. ix you are a part.or a group,? stro.ngly recommended t~t one Position Statement be ~illed out tbr the group, Whic can be signed by the representative for the group. City~atomey's tymce BEFORE Ti~E PLANNING AND ZONING COMMISSION IN THE MATTER OF Title ) REQUEST CONDITIONAL USE ) PERMIT FOR DRIVE-THROUGH ) WINDOW AND DRIVE-Ti:tROUGH ) LANE AT AN EXISTING MOXIE ) JAVA SHOP ) Case No. CUP - 02-008 RECOMMENDATION TO CITY COUNCIL AVEST LIMITED PARTNERSI~llP, Applicant 1. The property is located at 1800 N. Locust Grove Road, Meridian. 2. The owner of record of the subject property is Avest Limited Partnership. 3. Applicant is owner of record. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. The applicant requests the conditional use permit for addition of a new drive-thru window and drive-thru lane to its existing coffee shop. The C-G 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 Planning 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. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested conditional use permit as requested by the applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Plmaning and Zoning and Engineering staff as follows: 1. Landscaping shall comply with the Landscape Ordinance. Three copies of a detailed site RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR ADDITION OF A DRIVE-THRU WINDOW AND LANE TO AN EXISTING COFFEE SHOP - AVEST LIMITED PARTNERSHIP- Pase 1 plan with landscaping plans will be required prior to the issuance of a Certificate of Zoning Compliance. The drive-through lane shall be painted or otherwise delineated on the parking surface to guide traffic into and out of the coffee establishment. The menu/order board shall be moved to the north to allow stacking of two cars without blocking access to the parking lot to the west of the current location of the sign. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-134.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4t. 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. 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 shall be prohibited, and will be removed upon 3 days notice to the applicant. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. A Certificate of Zoning Compliance and a building permit shall be obtained prior to the start of construction of the drive-through lane and window. 10. The Planning and Zoning Commission and applicant have agreed that as part of the CUP, Applicant will erect a concrete bump-out between the exit to its drive-through lane and that of TCBY and will extend such bump-out to eighteen feet (18'). Adopt the Recommendations of Meridian Fire Department as follows: Premises Identification. All numbers or addr~s~s shall be 6" high and placed on the front of the building in such a manner to be clearly visible from the street. The numbers shall contrast with their background and be placed on the street side of the building above the front door. UFC 901.4.4 RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR ADDITION OF A DRIVE-THRU WINDOW AND LANE TO AN EXISTING COFFEE SHOP - AVEST LIMITED PARTNERSHIP - Page 2 Portable Fire Extinguishers shall be installed in occupancies and locations as set forth in this code and as required by the Chief. UTC 1002.1 Fire Extinguishers shall be of the 2A 10BC size and have the top of the extinguisher hung 3' to 5' off the floor. The travel distance to a fire extinguisher shall not exceed 7:5'. 3. Provide exit doors complying with the 1997 Uniform Building Code. 4. Post occupancy per the 1997 Uniform Fire Code. This project shall be subject to a fire inspection to determine compliance with the Uniform Fire Code and Uniform Building Code. The Planning and Zoning Commission suggest that the City Council mandate that, if approved, language be placed in such Conditional Use Permit that any approval of a drive- through window under this application shall run with the property in question only to the extent that a similar business operates in the space. The Commission also suggests language explicitly excluding a "fast food" business from using said drive-through at any time in the future. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR ADDITION OF A DRIVE-THRU WINDOW AND LANE TO AN EXISTING COFFEE SHOP - AVEST LIMITED PARTNERSHIP- Page 3