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HomeMy WebLinkAboutJanuary 2, 2003 Meridian Planning and Zoning Commission Meeting January 2, 2003 Page 18 of 57 Zaremba: I move we forward to the City Council recommending approval of Item 6 on our Agenda, CUP 02-042, request for a Conditional Use Permit for a drive-thru window for a coffee and ice cream shop in a C-N zone in the Linder Crossing Retail Center by Stubblefield Development Company. Southeast corner of West Cherry Lane and North Linder Road, to include all staff comments, with the following additions. That the -- an attempt be made to find a directional speaker and that in all cases the sound level be limited to 55 decibels at the property line. That the applicant supply some signage at the Cherry Lane entrance directing users around the property in the right direction and some signage behind the building asking cooperation in keeping the sound down. That the trees in the landscape planter along the south and the east end of the south planter be evergreen, with one additional tree to the right of what looks like a trash enclosure -- to the east of what looks like a trash enclosure. That the one parking spot south of the unit that will have the drive-thru, that parking spot be removed and landscape replace it, and that this Conditional Use for the approval of the drive-thru will expire if a different business goes in there. Centers: I have a question on the 55 decibels. You mentioned at the wall or is that at the speaker? Siddoway: It's at the wall. Centers: It's at the wall? Zaremba: I think the previous one was at the property line. Centers: Okay. I second that. Borup: Motion and second. Any discussion? All in favor? Anyopposed? Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Public Hearing: CUP 02-044 Request for a Conditional Use Permit for a sports bar and grill in a C-G zone for Muggsy's Bar & Grill by Michael McGuinness - south of East Fairview Avenue, east of North Locust Grove Road on East Wilson Lane: Borup: T he next item is Public Hearing CUP 02-044, request for a Conditional Use Permit for a sports bar and grill in a C-G zone for Muggsy's Bar & Grill by Michael McGuinness. This is south of Fairview Avenue and east of North Locust Grove on Wilson Lane. We will open this Public Hearing and start with the staff report. Siddoway: Thank you, Mr. Chairman, Members of the Commission. The proposed Muggsy's Bar and Grill is near the intersection of Locust Grove and Fairview. The other surrounding businesses include Hollywood Video, Wingers, D&B, and Eddie's Bakery. You should have a staff report dated December 19th. The Site Plan is in compliance with City Ordinances. Go through this just a little bit. You can see those existing Meridian Planning and Zoning Commission Meeting January 2, 2003 Page 19 of 57 businesses on this aerial photo, with this being a -- currently a vacant lot, surrounded by the other existing businesses and their associated parking lots. Two site photos. One looking east from Locust Grove Road this would be Eddie's Bakery and Hollywood Video would be just off the screen to the left. The subject property is the vacant parcel where the red arrow is pointing. Then, standing at Fairview Avenue between Hollywood Video and Wingers, the subject property would be due south from there, as shown on the photo there as well. This is their proposed site and Landscape Plan. The building would sit on their western edge of the property with the parking spaces on the east side. The only thing that really generated some discussion among the planners was the proposed crushed rock or gravel area that is on the length of the west side of the building. Technically, that -- its not in violation of the Landscape Ordinance. This being a Conditional Use Permit, if the Commission sees fit to require landscaping there, it could be made part of the Conditional Use Permit, but as currently proposed it would be just a crushed rock surface around the building. Borup: Steve, what's on the adjacent property? Siddoway: The adjacent property on this side would be Eddie's Bakery. Borup: Yes I meant as far as landscaping that this would be abutting against or do we know? I can't see -- from the aerial photo it doesn't look like it has much. That's why I was wondering. Siddoway: I honestly don't know. It would be just on that side of the building. I didn't go specifically and look at it. The only other thing that I would like to bring to your attention is this site was the subject of another application recently for an off-premise sign. That application was denied. The applicant at that time was requesting that they be allowed to construct an off-premise sign out along the frontage of Fairview to direct people to the business back here, because it actually has no frontage along any of the major roads. It does have frontage along Wilson Lane back here. I just want to make sure -- and the applicant I know is aware of this, that signage would be restricted to the lot itself a nd that no off-premise signs would be a Ilowed for t he business. With that said, I will stand for any questions. Centers: So the rock is really on the west side correct, Steve in here? Siddoway: Correct. Centers: Next to Eddie's? Okay. Siddoway: The proposed rock is right along this side. Borup: Any other questions from the Commission? Does the applicant have a presentation they'd like to make? Meridian Planning and Zoning Commission Meeting January 2, 2003 Page 20 of 57 McGuinness: My name is Michael McGuinness and I'm representing Muggsy's. Your question to what was on the west side of the building, it's just an empty lot with brush. There is no landscaping there. Borup: On the west side of the building? Isn't that -- McGuinness: From Eddie's Bakery -- from the Eddie's Bakery side it would be the west side where the crushed rock is. Borup: Yes. You adjoin Eddie's Bakery. McGuinness: Yes and there is -- it's just grown up brush on that. Borup: Oh, on Eddie's property. McGuinness: On Eddie's property, yes. Borup: Okay. McGuinness: But, no, I don't really have anything to add. I think I fit the zoning and planning regulations with opening a bar. I'm not within 300 feet of a church or a school. I plan to put food in. J have changed the name. I submitted last summer for a different location and I think the name had something to do with it, so I changed the name of the bar and I have tried to do everything I possibly could to satisfy the city in order to open a sports bar. That being said, I don't have any more comments, unless you have some questions. Mathes: I have a question. Trash. They want your enclosure bigger. Do you have a problem with that? McGuinness: Pardon me? Mathes: Do you have a problem with making your trash enclosure bigger? McGuinness: I don't. Borup: That was one of the staff comments from Sanitary Services. That was one of their comments. McGuinness: I don't, no. It's just that's what the architect drew up and if it needs to be bigger, that's fine with me. As far as the crushed rock goes, I -- he did that without my knowing. I'd much rather have asphalt or I think -- unless I have to put landscape on that side, but I'd rather have asphalt, so -- Borup: Believe you do need landscaping. Meridian Planning and Zoning Commission Meeting January 2, 2003 Page 21 of 57 McGuinness: Oh, do you? Well, not on -- Borup: Steve, because it's like use you don't? Siddoway: That would certainly be our preference for landscaping. The way the -- the perimeter landscaping requirements by the ordinance state that they are required along internal lot lines adjacent to any vehicular use. There is vehicle use there, so by the Landscape Ordinance it's not a required perimeter landscape area. Borup: But you'd rather see crushed rock than asphalt? Siddoway: Yes. I'd rather see plants than crushed rock. Borup: Yes. I had a question on -- and I guess apparently there is enough -- parking is adequate? McGuinness: The parking? Borup: Yes. McGuinness: There are only 21 spots required and I have 31. Borup: Okay. Centers: Why would you want it to be asphalt so maybe employees could park parallel in the back? McGuinness: I could park back there and come in and out the extra door, just for -- and perhaps the delivery of the beer. Centers: Has staff been approached about that or what are their feelings about that? Siddoway: You'd have to add a five-foot landscape buffer, because there would be vehicle use. McGuinness: Let's leave it crushed rock. Zaremba: Is that a delivery entrance at the end of that crushed rock there? McGuinness: No, that -- no. They can come in the front entrance. Zaremba: Thank you. McGuinness: Irs just the extra exit for a fire exit. Meridian Planning and Zoning Commission Meeting January 2, 2003 Page 22 of 57 Zaremba: I vaguely remember the earlier application for this little place across the street and there was some discussion, then, about appropriateness of dress of your staff. Is there anything in our ordinances that controls that or -- McGuinness: Absolutely Chapter 10 in the City Ordinance. Zaremba: Meridian City Ordinance? McGuinness: Absolutely. Zaremba: Okay so they need to be appropriately dressed? McGuinness: Yes. If not, I need a Conditional Use Permit and I need to be in an industrial area. Zaremba: So you understand all that? McGuinness: I certainly understand. Zaremba: We don't need to add anything? McGuinness: We don't need to bring that up again. Zaremba: I don't have any other questions. Borup: Thank you. McGuinness: Thank you. Borup: Do we have anyone else to testify on this application? Seeing none, Commissioners? Centers: Well, I would move we close the Public Hearing. Zaremba: Second. Borup: Motion and second to close the Public Hearing. All in favor? Any opposed? MOTION CARRIED: THREE AYES, ONE ABSENT Centers: Mr. McGuinness gets an A for effort from me. He wants to come to Meridian and he's willing to pay to play. He's going in there with a lot more overhead, I have got to think, and he's wanting to be in the city. I think we should welcome him with open arms. He's in an area that's off the beaten path. He's going to have to draw traffic by word of mouth. He knows there is no signage on Fairview -- correct? Meridian Planning and Zoning Commission Meeting January 2, 2003 Page 23 of 57 McGuinness: I know that. Centers: He nods yes so I think we should approve it just as submitted. I would make that recommendation to approve CUP 02-044, request for a Conditional Use Permit for a sports bar and grill in a CoG zone for Muggsy's Bar and Grill by Michael McGuinness, south of East Fairview Avenue, east of North Locust Grove, on East Wilson Lane, including all staff comments and the fact that he will make the trash enclosure a little bigger to satisfy SSI. Zaremba: Second. Centers: End of motion. Zaremba: I second that. Borup: Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. Public Hearing: AZ 02-026 Request for annexation and zoning of 35.94 acres from RUT to R-8 zones for proposed Burney Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: Item 9. Public Hearing: PP 02-025 Request for Preliminary Plat approval of 117 building lots and 15 other lots on 35.94 acres in a proposed R-8 zone for proposed Burney Glen Subdivision by Properties West, Inc. - east of North Meridian Road and north of East Ustick Road: Borup: The next two items, Items 8 and 9, Public Hearing AZ 02-026, request for annexation and zoning of 35.94 acres from RUT to R-8 zones for proposed Burney Glen Subdivision by Properties West, east of North Meridian Road and north of Ustick. The adjoining application is PP 02-025, request for Preliminary Plat for 117 lots on the same property. We'd like to open both Public Hearings at this time and start with the staff report. Siddoway: Thank you, Mr. Chairman, Members of the Commission. You should have a staff report dated December 24, 2002, on this. Let me also state that there was a revised plat that you probably received that was dated December 30th. Some of the issues in the staff report were addressed in that revised plat, others were not. I'm going to try and walk you through that with as little confusion as possible. First of all, location wise, it's on the east side of Meridian Road between McMillan Road and Ustick, just north of the approved Sundance Place Subdivision. The site is just about 36 acres. They are proposing on that 36 acres 117 building lots and 15 other lots, and include several landscape and open space lots. This is the proposed Preliminary Plat. This is the original one, not the revised one. Let me just walk you through the staff report