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HomeMy WebLinkAboutSonic Drive In CUP 02-018 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KBYlNE. DnmJa JULlB KLmN F'lscHER WM. F. GIGRAY, III T. GuY IIAu.AM" D. SAMUEL JOHNSON LARRY D. MOORE WIWAMA MORROW WIU.lAMF. NICHOLS. CHRIsToPHER S. NYE "'Also admitted in OR .... Also admitted in W A I'Im.IP A. PllTBRsoN ERIcA S. PHiLLIPs ERIc S. RossMAN TODD A. RossMAN DAVID M. SWART.LBY PAMELAJ. TARLOW TERRENCE R. WHJTE** NICHOLAS L. WOll.EN AnORNEYS AT LAw NAMPA OFFICE 5700 E. FRANKLIN RD~STE. 200 NAMP.A, IDAHO 83007-8402 TEL. (;!(IS) 488-9272 FAX (208) 486-4405 830 E. FIRST ST., SUITE 200 PoST OFFICE Box1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 2BB-24ll9 FAX (208) 288'2501 E-MAiL: NLW@whllepetorson.com PLEAsE REPLy TO MERIDIAN OFFICE September 5, 2002 RECEIVED SEP 0 6 2002 To: Staff A Iicant lFfected Property Owner(s) City Of Meridian City Clerk Office Re: Applieation Ca8e No. CUP-02-018 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Reconnnendations of the Planning and Zoning Commission shall be presented to the City COWlcll at the j:lublic hearipg on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City COWlcil must decide, aDd to insure your position is Wlderstood and clear;)t is important to have a consistent format by which matters are presented at the public hearings before the city COWlcil. The City COWlcil strongly reconnnends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and RecommendatIOns of the Plannmg and Zomng Commission; and 2. That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Findings and Recommendations of the Plannin~ and Zonmg Commission. The Position Statement form for this applicatIOn is availaJjle at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. ffthat is not possible, please present your Position Statement to the City Council at the hearing, along with eight (8) COpies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed DY the representative for the group. ~L-. City Attorney's Office 1y1Z:\WOA:K\M\MERIDIAN'MER101AN 1 S360MIfORMS\TRANSMITTAL.DOC BEFORE THE PLANNING AND ZONING COMMISSION BOISE FOOD SERVICE, INC, Applicant ) Case No. CUP -02-018 ) ) RECOMMENDATION TO CITY ) COUNCIL ) ) ) IN THE MATTER OF THE REQUEST CONDITIONAL USE PERMIT FOR SONIC DRIVE-IN RESTARAUNT IN A CoG ZONE I. The property is located at 2150 Ease Fairview Ave., Meridian. 2. The owner of record of the subject property is James A. Kissler, 1125 West Amity, Boise, ill 83705. 3. Applicant is Boise Food Service, Inc., PO Box 8986, Boise, ill 83707. 4. The subject property is currently zoned C-G. The zoning district ofC-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The Applicant requests the Conditional Use Permit for building a 1406 square foot Sonic Drive-In restaurant with a drive-thru. The CoG 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). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. 8. The Planning and Zoning Commission recognized the concerns of David M. Wolfe, David A. Mattson, and Doreen Mattson in their letters dated July 22, 2002. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR SONIC DRIVE-IN - BOISE FOOD SERVICE, INC. - Page 1 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: The Planning and Zoning Commission advises: 1.1. The hours of operation of said business shall not extend past II p.m. 1.2. Applicant shall place three (3) evergreen trees in the northeast corner of the lot on which the business will be situated prior to initiation of operation by said business. The initial height of such trees shall be no less than six feet (6'). Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.3. 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. 1.4. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance ll-13-4.F. 1.5. 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 1l-13-4C. 1.6. 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 signage shall be prohibited, and will be removed upon 3 days notice to the applicant. 1.7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 1.8. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 1.9. 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) 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 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. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR SONIC DRIVE-IN - BOISE FOOD SERVICE, INC. - Page 2 1.10 Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight-obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 1.11. 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 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. Any temporary occupancy will not exceed 60 days to complete the required improvements. 1.12. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 1.13. Provide a 5' wide pedestrian walkway along the east side of the building in accordance with City Ordinance Section 11-9-606B. Four (4) copies of a revised site plan shall be submitted with the Certificate of Zoning Compliance application. Adopt the recommendations of the Central District Health Department as follows: I. 14. Central District Health Department will require plans be submitted for a plan review for any food establishment. Adopt the recommendations of the Nampa and Meridian Irrigation District as follows: 1.15. The Nampa and Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. 1.16. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa and Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code ~31- 3805. It is recommended that irrigation water be made available to all developments within the Nampa and Meridian Irrigation District. Adopt the recommendations of the Meridian Fire Department as follows: 1.17. That a fire-flow of 1,000 gallons per minute be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1.18. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 1.19. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 1.20. All radii shall be 28' inside and 48' outside radius for the internal road system. 1.21. Provide a 20' fire lane around the building. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR SONIC DRIVE-IN - BOISE FOOD SERVICE, INC. - Page 3 Meridian P&Z Motions (8/1/02) 4. (Zaremba) Planning & Zoning Commission recommends approval ofthe following to the City Council: AZ 02-013 Request for annexation and zoning of 40.48 acres from RUT to R-4 zones for a Joint School District NO.2 Middle School to be named at a later date, by Lombard Conrad Architects - east side of North Linder Road, north of West Ustick Road. 5. (Shreeve) Planning & Zoning Commission recommends approval of the following to the City Council: AZ-02-0l4 Request for annexation and zoning of4.39 acres from R-2 to L-O zones for Treasure Valley Baptist Church by Treasure Valley Baptist Church - 1500 South Teare Avenue, with such recommendation to include all staff comments. 6. (Shreeve) (Shreeve) Planning & Zoning Connnission reconnnends approval ofthe following to the City Council: CUP 02-019 Request for a Conditional Use Permit for a 1,406 square foot Sonic Drive In restaurant with a drive-thru in a CoG zone in an existing shopping center by Boise Food Services, Inc. - 2150 East Fairview Avenue, to include all staff comments and with the following conditions: (I) the hours of operation of said business shall not extend past II PM; (2) Applicant shall place three (3) evergreen trees in the northeast corner of the lot on which the business will be situated prior to initiation of operation by said business. The initial height of such trees shall be no less than six feet (6').