HomeMy WebLinkAboutMoxie Java CUP 02-008April 29, 2002
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Avest Limited Partnership
May 2, 2002
CUP 02-0O8
ITEM NO. 4
REQUEST Public Headng - Request for a Conditional Use Permit for a drive-thru window and
drive-thru lane at an existing Moxie Java coffee shop - 1800 North Locust Grove Road
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY A1TORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
SANITARY SERVICE:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
OTHER:
Contacted:
See attached Comments
"No Remarks"
"No Comment"
See attached Comments
Materials pre~ented'a! public meetings shall become p p rty ty .
See attached Comments
"We have No Objection to this Proposal"
No Comments
Ada County Highway District
David E. Wynkoop, President
Dave Bivens, 1st Vice President
Judy Peavey-Derr, 2nd Vice President
Susan S. Eastlake, Commissioner
Sherry R. Huber, Commissioner
318 East 37th Street
Garden City ID 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: tellus@ACHD.ada.id.us
TO:
SUBJECT:
Avest Limited Partnership
P.O. Box 140075
Boise, ID 83714
MCUP02-008
Drive Thru
1800 N. Locust Grove Rd
March 26, 2002
RECEIVED
MAR 29 2002
City of Meridian
City Clerk Office
The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item
referenced above and is submitting this no review letter in response to the lead agency's request for comment.
Based on the submitted information, it has been determined that the proposed development will generate less than 10
additional vehicle trips per day (VTD); or improvements exist adjacent to the site and ACHD has no site improvement
requirements attributable to this application.
ACHD policy states that no site related improvements will be required for developments generating less than 10
additional VTD. If the site plan or use changes in such a manner that more than 10 additional vehicle trips per day are
generated, then ACHD will review the site plan and may issue requirements based on the ACHD Policy Manual.
ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-
way, a permit or license agreement permitting the improvements must be obtained:
All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual,
ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACriD Ordinances
unless specifically waived in writing by the District. Meet District drainage requirements per section 8000 of the ACHD
Development Policy Manual. Contact District staff at 387-6170 for details.
Please contact the office for determination of possible road impact fees, prior to obtaining a building permit. These fees
are collected in accordance with Ordinance #195, the Ada County Highway District Road Impact Fee Ordinance.
If you have any questions, please feel free to contact me at (208) 387-6170.
eveoerely~ ~
pme~'~t ~alyst
Planning & Development
Cc:
Planning & Development/Chron/Project File
Planning & Development Services City of Meridian
Construction Services
BRS Architects, 1010 S. Allante Place, Ste. 100, Boise, ID 83704
Sent By: City of Meridian;
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8886854
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Jun-22-01 2:59PM;, Page 2/2
DAKOTA DEI~I_OPM.~IV7'
~ tO
./
ARCPIITI~CT$
· 540 E. Franklin Rd.
· Meridian, Id 83642
(208) 888-1234
: :' :" : 895~0390:
Meridian:Fire :::
Department
Joseph Silva
Deputy Chief
Meridian Fire Department
April 5, 2002
TO:
FROM:
SUBJECT:
Meridian Planning & Zomng Commission(-~
Joseph Silva, Deputy Chief, Fire Prevention~kJ
Moxie Java- File # CLIP 02-008
APR 2002
C~ty
City C~e=k O~ce
The following will be the requirements and/or concerns to provide minimum levels of fire protection for
the Pmp°sed project
1. :::: Premises Identification. All numbers or addresses 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. [IFC 901.4.4
2:: Portable Fire Extinguishers shall be installed in occupancies and locations as set forth in this code
andas required by the Chief. UFC 1002.1 Fire Extinguishers shall be of the 2A 10BC size and have the
top of the extinguisher hung 3' to 5' offthe floor. The extinguisher location shall be by the front door.
M,~YOR
Roben D
CITY COUNCIL MEM~IERS
T~m~y deWee~
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(205) 88~-~33 · F~ f208) 857-~ t3
City Clerk Office F'-,,~ (208) ~.4213
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk'u Office
^~tn: Will Berg. City Clerk, by' April 25, 2002
Transmittal Date: March 21, 2002 Hearing Date' May 2, 2002
I=~le No' CUP 02-008
Request' Request for a Conditional Use Pemlit for a drive-thru window and drive-th;u
lane at an existing Moxie Java coffee shop
By: Avest Limited Partnership
Locetion of Property or Project: 1800 N. Locust Grove Road
David Zamml3a, P/Z fNn VAR. VAC,
Jerry Centem, P/Z (No VAR, VAC,
~_.,:~_,i,,, ~a.~th~.S. P/Z (No VA~, vAc. FP)
Keven Shreeve, P/Z CNG v,e~, v,~ ,--~
Keith Borup. P/Z (No VAR VAC,
Robert Con'ie. Mayor
Bill Na~/, C/C
Tammy deWeerd. C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Samtary Se~ice fNO VAe, WC,
Building Department Your Concise Remarks:
Fire Department -F.~A~.
Police Department ~ S
City Attorney ~ .
City Engineer
City Planner
Parks Department
Meridian School District (Nu PPi
Meddian Post Office
Ada County Highw~ District
Community Planning Assoc.
Central District Hem~n
Nampa Meri0ian h[ig. District
Settlers Irrigation District
Kiaho Power Co. fFP/PP
U.S, West [,,:p,,pp on/y)
lntermountaln Gas ~f-/¥PP ~)~,j
Bureau or' Reclamation
idaho Transportation Department
Ada County (A~.~xati~n
RECEIVED
APR 16 2002
City Clerk Oltice
APR
MAYOR
Robe~ D. Co~/e
CITY COUNCIL MEMBERS
Keith Bird
Tammy deWeerd
Cherie McCandless
HUB OF TREASURE VALLEY A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 · FAX (208) 887-
City Clerk Office Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499' Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 88%2211- Fax 887-
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533. FAX 888-
MEMORANDUM:
To:
From:
Mayor, City Council and Planning & Zoning Commission
Brace Freckleton, Assistant to City Engineer ~
David McKinnon, City Planner 1~
April 30, 2002
RECEIVED
APR 3 0 2002
CITY OF MERIDIAN
CITY CLERK OFFICE
Request for a Conditional Use Permit for the Establishment of a New Drive-
Through Window and Lane at an Existing Moxie Java Coffee Shop within the
Avest Shopping Center, Located in a C-G Zone by Avest Limited Partnership (File
No. CUP-02-O08)
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 & BACKGROUND
(This is at least the third time that Moxie Java has requested a drive-through window in this
location, and the request has been denied each time. The most recent denial took place just
last year [FileNo. CUP-01-026]. The reason for the most recent denial was due to the fact that
"...the proposed use, along with the existing heavy traffic in the general area, would add to the
traffic concerns and public safety, and would be an incompatible use"[ page 8, FF/CL CUP-01-
0261.
In the Decision and Order denying the request, the City Council instructed the Applicant to
"... propose a different design that will eliminate the potentially hazardous intersection with
the existing drive-through lane that serves the TCBY business on the west end of the building"
[page 9, FF/CL CUP-01-026]. The Applicant has now submitted a new site plan that proposes
a new design for the drive-through area that does not cross through the existing drive-through
lane for TCBY.
Avest Limited Partnership has requested a conditional use permit to comtmct a new drive-through
window and lane on the eastern side ofthe existing Moxie Java Coffee in the northwest comer ofthe
"Fred Meyer" shopping center on Fairview Avenue.
The proposed drive-through lane will not cross the east to west drive-through lane currently being
utilized by TCBY, located on the west side of the building. The new design will re-ronte the drive-
through traffic back into the shopping center parking lot before the drive-through traffic can exit the
shopping center on E. Loop Road, Locust Grove, or Fairview Avenue.
CUP-02-008 Moxie Java IV (Avest).CUP
MAYOR
Robert D. Corde
CITY COUNCIL MEMBERS
Keith Bird
Tammy deWeerd
Cherie McCandless
HUB OF TREASURE VALLEY
A Good Place to Live
CITY
OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433. F.MX (208) 887-
City. Clerk Office Fax (208) 888-4218
PLANNI2MG AND ZONING
DEPARTMENT
(208) 884-5533 - F~CX 888-
MEMORANDUM:
To:
From:
Re.'
Mayor, City Council and Planning & Zoning Commission
Brace Freckleton, Assistant to City Engineer ~
David McKinnon, City Planner ~
April 30, 2002
RECEIVE[
APR 3 0 2002
CITY OF MERIDIAN
CITY CLERK OFFICE
Request for a Conditional Use Permit for the Establishment of a New Drive-
Through Window and Lane at an Existing Moxie Java Coffee Shop within the
Avest Shopping Center, Located in a C-G Zone by Avest Limited Partnership (File
No. CUP-02-O08)
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 & BACKGROUND
(This is at least the third time that Moxie JaVa has requested a drive-through window in this
location, and the request has been denied each time. The most recent denial took place just
last year [FileNo. CUP-01-026]. The reason for the most recent denial was due to the fact that
"...the proposed use, along with the existing heavy traffic in the general area, would add to the
traffic concerns and public safety, and would be an incompatible use"[ page 8, FF/CL CUP-01-
0261.
In the Decision and Order denying the request, the City Council instructed the Applicant to
"... propose a different design that will eliminate the potentially hazardous intersection with
the existing drive-through lane that serves the TCBY business on the west end of the building"
[page 9, FF/CL CUP-01-026]. The Applicant has now submitted a new site plan that proposes
a new design for the drive-through area that does not cross through the existing drive-through
lane for TCBY.
Avest Limited Partnership has requested a conditional use permit to construct a new drive-through
window and lane on the eastern side of the existing Moxie Java Coffee in the northwest comer of the
"Fred Meyer" shopping center on Fairview Avenue.
The proposed drive-through lane will not cross the east to west drive-through lane currently being
utilized by TCBY, located on the west side of the building. The new design will re-route the drive-
through traffic back into the shopping center parking lot before the drive-through traffic can exit the
shopping center on E. Loop Road, Locust Grove, or Fairview Avenue.
Planning & Zoning Commission/Mayor & City Council
April 30, 2002
Page 2
LOCATION & SURROUNDING USES
The subject property is located on the northwestern comer of the "Fred Meyer" shopping center,
approximately 700 feet north of the intersection of Fairview and Locust Grove.
The following uses surround the subject property:
North - Vacant land, zoned C-G (future expansion of mini-storage or office area).
South - Parking lot, drive-through bank and a McDonald's restaurant, zoned C-G.
East - Fred Meyer's department store and supermarket, zoned C-G.
West - Other retail uses within the existing building; west of Locust Grove Road, residential
uses.
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):
Ae
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 is large enough to accommodate the requested drive-
through uses and the required features.
Be
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 current Comprehensive Plan Land Use Map designates the property as "Mixed/Planned
Use Development". Staff finds the development plan to be in harmony with the Meridian
Zoning Ordinance and the Comprehensive Plan.
Ce
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;
Staff finds that the proposed drive-through use will not change the essential character of the
general vicinity, and that the use complies with the intended character of the general vicinity.
That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity;
CUP-02-008 Moxie Java IV (Avest).CUP
Planning & Zoning Commission/Mayor & City Council
April 30, 2002
Page 3
The Council and Commission should rely upon public testimony to determine if the
development will adversely affect the other properties in the vicinity.
ge
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;
Staff finds that the proposed development will be adequately served by the essential public
facilities and services listed above.
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;
Staff finds that the proposed use would not be detrimental to the economic welfare of the
community, nor would it create the need for any new facilities or services to be paid for by the
public.
Ge
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;
Stafffeels that the lack of stacking depth to the south of the drive-through window, and the
placement of the menu/order board at the southern part of the drive-through lane may result
in vehicles blocking the eastern access in and out of the building's parking lot area, thereby
negatively affecting the traffic flow within the parking lot.
The proposed stacking depth is only sixty feet (60'), enough for three (3) vehicles, while the
standard stacking depth for a typical drive-through window is one hundred feet (100'), or
approximately enough room for five (5) vehicles.
Staff recognizes that this is a coffee-only drive-through facility and that service is typically
quicker than most fast-food, drive-though windows; however, stacking does and will occur as
it does at other similar coffee establishments.
Stafffinds that no excessive smoke, fumes, glare or odors will result fiom the proposed use.
Staff does not anticipate that noise fi:om the speaker/menu board will be detrimental to
adjacent properties.
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;
CUP-02-008 Moxi¢ Java IV (Avcst).CUP
Planning & Zoning Commission/Mayor & City Council
April 30, 2002
Page 4
Stafffinds that the proposed use will not create significant interference with any traffic onthe
surrounding public streets. The applicant has not proposed any new curb cuts onto existing
streets.
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.
Stair finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of
this conditional use.
SITE
1.
o
SPECIFIC REQUIREMENTS
Landscaping shall comply with the Landscape Ordinance. Three copies of a detailed site 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.
AH parking and areas of circulation shall be improved with a hard surface in accordance with
Meridian City Code 11-13-4.D, and shah be installed and striped in accordance with the
submitted site plan and Ordinance 11-13-4.F.
AH 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.
AH signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance. AH 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.
AH 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.
CUP-02-008 Moxie Java IV (Avest).CUP
Planning & Zoning Commission/Mayor & City Council
April 30, 2002
Page 5
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.
RECOMMENDATION
Staff finds that the lack of stacking depth may be detrimental to the overall safety and usefulness of
the parking lot.
Staff'recommends approval of this application if the Applicant can conform to the recommended site-
specific comn~nts.
CUP-02-008 Moxie Java IV (Avest).CUP
PUBLIC HEARING
SIGN-UP SHEET
DATE
2-May-02
PROJECT NUMBER
CUP 02-008
PROJECT NAME
Moxie Java
NAME
J C 'V LI
HAY - 2 2002
FOR
AGAINST
CITY OF MERIDIAN