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HomeMy WebLinkAboutLinder Crossing CUP 02-042 December 30. 2002 CUP 02-042 MERIDIAN PLANNING & ZONING MEETII'lG January 2, 2003 APPLICANT Stubblefield Development Company ITEM NO. 6 REQUEST Public Hearing - 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 - southeast corner of West Cherry Lane and North linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY 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: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: ~ Contacted~,j OM (5 \:J.hbtJ-iJ 1 J... j Date:!') -J 0--0 LPhone: 9 f k -I ;2tJ:? ~ [fJ\-- See attached Staff Comments ~GO M ('{\.J.Pf\. jJ M~(OVo...D -to Diu See attached Comments "Ok per Meridian Water Deparlmenf' "No Commenf' See attached Comments See attached Comments See attached Comments See attached Comments Materials presented at public meellngs shall become properly oIlhe City 01 Meridian. l\1AYO Robert D. HUB OF TREASURE A Good Place to LEGAL (208) 288- . Fax 288- PUBLIC BUILDING (208) 887-2211 . Fax 887- PUNNING AND DEPARTMEN (208) 884-5533 . FAX 888- CITY COUNCIL Keith Tammy Cherie McCandles~ CITY OF 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433' FAX (208) 887- City Clerk Office Fax (208) 888- MEMORANDUM: December 23, 2002 To: Mayor, City Council and Plarming & Zoning Commission Bruce Freckleton, Assistant to City Engineer ~ David McKinnon, City Plarmer II bJ.A Linder Crossing RECEIVED DEe 2 6 2002 From: Re: City Of Meridian City Clerk Office . Request For a Conditional Use Permit to Allow the Construction and Operation of Drive Through Window on the East Side of New Retail Shopping Center Located on the South East Comer of Linder and Cherry Lane, in a C-N Zone, by the Stubblefield Development Company (File No. CUP-02-042). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered infull, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant(s), the Stubblefield Development Company, has requested approval of a conditional use permit for a new drive through window for retail coffee/yogurt/ice cream sales at the new Linder Crossing building, located at the south east comer of Linder and Cherry Lane. The 14,880 square foot multi-tenant commercial building is currently under construction. The project was approved as a "permitted use" earlier this year, without the proposed drive-through window (File No. CZC-02-027). The new drive-through window and accompanying speaker system will be located on the east end of the new building, approximately 100 feet north of the residential homes to the south. The traffic circulation pattern for the drive-through window will be around on the back side (south side) of the building with traffic flowing from west to east and exiting traffic will be northbound at the pick up window. LOCATION & SURROUNDING USES The subject property is located on the southeast comer of the intersection of Cherry Lane and Linder Road. The following uses surround the subject property: North - Single family residential, zoned R-4. South - Single family residential, zoned R-8. East - Vacant land, zoned R-8. CUP.02-042 Linder Crossing. CUP Plarming & Zoning Commission/Mayor & City Council December 23, 2002 Page 2 West - A Maverick retail/gas station and a commercial retail center with a car wash, zoned C-N. OWNER OF RECORD The owner of record for the subject property is the applicant. 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): 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 fmds that the subject property is large enough to accommodate the required parking, landscaping, and other features required of a drive-through use by this ordinance. 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 current Comprehensive Plan Land Use Map designates the property as "Commercial" and is currently zoned "C-N". Staff finds that the requested "Drive -Through" use is a "Conditional Use" according to MCCll-8-1. Staff finds that if the drive-through use is approved with conditions by the Commission and the Council, the use will be harmonious with the Meridian Zoning Ordinance and the Comprehensive Plan. 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; Staff finds that the proposed development will not adversely change the existing or intended character of the general vicinity (currently a mix of commercial, residential, and restaurant uses). D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; The Commission and Council should rely upon public testimony to determine if the development will adversely affect the other property in the vicinity. Staff anticipates that the proposed use mav have an adverse effect on nearbv residential properties. unless special measures are taken to reduce noise associated with the drive-through speaker. CUP.02.042 Linder Crossing. CUP Plarming & Zoning Commission/Mayor & City Council December 23, 2002 Page 3 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; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above. F. 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. G. 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; Staff finds that no excessive smoke, fumes, glare or odors will result from the proposed use. Nevertheless. noise from increased traffic (idling engines and stereos) as well as noise from the drive-through speaker mav have a detrimental effect on the adiacent subdivision to the south. 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; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACHD requirements are enforced. I. That the proposed use will not result in the destruction, loss or damage of a natnral, 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. SPECIAL CONSIDERATION Drive-Trough Speakers and Menu Boards: The Meridian City Code does not specifically address the issue oflimiting the volume or decibel limit of a drive-through speakers system; however staff feels CUP.Q2-042 Linder Crossing. CUP Plarming & Zoning Commission/Mayor & City Council December 23, 2002 Page 4 that the issue will need to be considered by the Commission and City Council prior to approving or denying this application. The City Council recently addressed a similar situation when approving a conditional use permit for a "Sonic" fast food restaurant located on Fairview Avenue (File No CUP 02-018). The City Council limited the decibel level of the speaker system to 55 decibels at the northernmost comer ofthe property (adjacent to residential uses). The proposed speaker system is located on the east side of the building and is intended to "fire" directly to the east, in an attempt to reduce the impact on the property owners to the south. The applicant feels that the location of the speaker and the existence of the large masonry wall south of the drive-through will adequately reduce the noise generated by the proposed use. If the City Council and Planning and Zoning Commission feel that additional measures should be taken by the applicant to mitigate the noise generated by the proposed use a new site specific condition of approval will need to be added to the conditions listed below. SITE SPECIFIC REOUlREMENTS 1. Landscaping shall be installed per the submitted and previously approved landscape plans (Sheet TI-1.0, prepared by Architects Northwest, dated September 2002). All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. Hours of operation for the drive-through window shall be limited to 6:00am to 10:00pm Sunday-Thursday and 6:00am to 11 :OOpm on Fridays and Saturdays. 3. 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. 4. 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 shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. All parking shall be striped and improved in accordance with the Meridian City Code. 7. 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 CUP-02-Q42 Linder Crossing. CUP Planning & Zoning CommissionlMayor & City Council December 23,2002 Page 5 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 a 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. 8. 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-IC. Coordinate location and construction requirements with Sanitary Services, Inc. 9. 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. 10. As part of a conditional use permit, the City of Meridian may Impose additional restrictions/conditions. RECOMMENDATION Staff recommends approval of this application with the aforementioned conditions. CUP-02-042 Linder Crossing. CUP MAYOR ROBERT D. CORRIE COUNCIL MEMBERS WILLlAML.M. NARY KEITH BIRD TAMMY DE WEERD CHERIE MCCANDLESS RURAL FIRE COMMISSIONERS RICHARD GREENE TERRY LEIGHTON STEVE ELLlOTT MERIDIAN CITY/RURAL FIRE ."'\ .y. ;: ~' :nWM DEPARTMENT CHIEF KEN W. BOWERS DEPUTY CHIEF - FIRE PREVENTION JOSEPH SILVA DEPUTY CHIEF - TRAINING BILL JOHNSON 540 East Franklin Road Meridian, III 83642 (208) 888-1234 Fax (208) 895-0390 i, :~:;:000;:!:::!:! ::::::::::! ::::;!:!~:::~:::f,::~~!~;: ':~:';:;"';'7~;;:~~}C'''>:~~~:~~!:r,:0::~!:''~:~~:!~::::C': ~:~~!:!m~~~!!:::;:>~:=',^~'i!00;!;:!~'7"~=:~!!!!:~~;;::!!s.,~!!':::::'!::'! December 19,2002 RECEIVED DEe 1 9 2002 City Of Meridian City Clerk Office Mayor, City Council & Meridian Plarming & Zoning Commission TO: FROM: Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: Linder Crossing Retail Center File- CUP 02-042 The following will be the requirements and/or concerns to provide minimum levels of fIre protection for the proposed project: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fIre lane around the building. DEC-17-2~~2 02:25P FROM:Sanilar. Services, I 208-888-5052 ..~~~ ~/;di~~\ ~ IDAHO ~ j .(. ',8 ,,'" mJ TO:Mericlian Clerk P:10/11 LEGAL DEP..\RTMEI'T I:Uil JiS.I..,.,. F" laS.ISOr PARKS ol RECKl!AnON clOB S88-)'19 ' F:a;t 89l1-'501 PUBLIC IVORKS (:o~) S9g.S;OO of,, RlI7.ll91 8U1LOCl'G DEl'ARThIE.'lT (;:081887.2:1 C 0 F:a;t S1l7-ll'J7 PL"'lIlt'lINO "':-10 ZOt'lll'O (-:OS) S$l-SS1i . F21t 8'88-6as.. / ~IWOR Robert D. Com!: CITY COUNCIL MEM8ERS Tommy deWeeld Willi.", L. M N,ry Chene McCan<lle" Ke"h Bird TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CllY OF ME,RIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommemlations to Meridian City CleJ1<.'s Office Alln: Will Serg, City CleJ1<., by: DII\;ember 26, 2002 Transmittal Date: October 29, 2002 Hearing Date: January 2, 2003 File No,: CUP 02-042 Request: Re uest for CondItional Use Permit for a Drlve-thRl window and Drive.thru lane for a coffee and ice cream sho In the Linder Crossin By: Stubblefield Develoement Co_ -. ..- . -cf~P"'1 ur I"'rOJeCt:" southeast comer of West Cheny Lane and North Linder Road David Zaremba, PIZ (Nt> VAR, VAC. FP) Meridian School District (No FP) Jerry Centers, PIZ (No VIlR. VAC, FP) Meridian Post Office (FP,pp only) Leslie Malhes, PIZ (lVo VAR, VAC, FP) Ada County Highway District Michael Rohm, P/Z (No VAR, )lAC, FP) Community Planning Assot. Keith BDrup, PIZ (No VAR. VAC. FP) Central District Heafth Robert Corrie. Mayor Nampa Meridian Inlg. District Bill Nery, CIC Senlers Irrigallon Oistrict Tammy deWeetd, ClC Ideho Power CO. /FPIPP 0IIIy) Keith Bird, CIC U.S. West (FPIPP only) Cherie MCCandless, ClC Inte/Tl'lOuntaln Gas tFPIPP only) Water Department Bureau of ReClamation tFPIPP only) Sewer Department Idaho Transportation Department (No FP) ../ Sanitary Service (No VAR, VAC,Fp) Ada County (AZ only) Building Department Your Concise Remarlls: Fire Departmeni E~.t:Il""~dD" {~^-...-t-I.....' A ~*lh~'D Iltf. A L.'M"'l." Police Department lVloU (', ...u.u,.. I..,. 'DL .. t ,......L r.........-a.s ul.<LLJ "",,w. CityAllomey ~"L ;'.........a~ $.S.t..., City Engineer City Planner Parks Department ~.11 fP.2olI1JpfpH-2T VNWN;. 2G alP.. RECEIVED DEe 1 7 2002 33 EAST IDAHO. MElUDIAN IDAHO 83642 qty Of Meridian 208 888 0 . ' City Clerk Office ( ) -44JJ Fa.< (208/887-48IJ . C"y Clerk Ollice F...(208) 888-4218 . Hum"" Resources Fa.< (208) 288.1I9J DEe 17 '02 13:39 21'18-888-51'152 PAGE. 10 ')..;1,:. .1,', .~t'!':g,. .'.l, ~ ,j' ;", , ~~!i; o'\: 'ill r-~' .~. " .~ I J ~~ r ~-.~------~- --- (t ~~~iR~~ CENTRAL DISTRICT HEALTH DEPARTMENT 'ilrHEALTH Environmental Health Division DEPARTMENT Rezone # Conditional Use # Q. u.. POOl- - 0 '-{ 2- Preliminary! Final! Short Plat L\I;1dfY (ILl,S \ 1'\( / Y pr. 02. 03. 04. 05. Return to: o Boise DEagle o Garden City ~eridian o Kuna DACZ Star We have No Objections to this Proposal. NOV I 5 2002 We recommend Denial of this Proposal. ~ity Of Meridian ~Jty Clerk Office Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning sOil conditions on this Proposal before we can comment. Before we can comment conceming individual sewage disposal, we will require more data conceming the depth of: o high seasonal ground water 0 waste flow characteristics o or bedrock from original grade 0 other o 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. o 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. o 8. After written approval from appropriate entities are submitted, we can approve this proposal for: o central sewage 0 community sewage system 0 community water well o interim sewage 0 central water o individual sewage 0 individual water o 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: o central sewage 0 community sewage system 0 community water o sewage dry lines 0 central water o 10. Run-off is not to create a mosqolto breeding problem. o 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. o 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ~3. 014. CDHD9!OOlkc We will ~~ire plans be submitted for a plan review for any: ~ood establishment 0 swimming pools or spas o beverage establishment 0 grocery store o child care center Date: ../LJ~O'L Reviewed By: ~~ Review Sheet . , ! , . --'~-... A't ~~"""'l' "lo~ . A~ 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 (20B) 3B7-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us November 12, 2002 TO: Stubblefield Development Company P.O. Box 327 Meridian, Idaho 83680 RECEIVED NOV 1 3 2002 City Of Meridian City Clerk Office SUBJECT: MCUP02-042 Drive-thru window and drive lane Southeast comer of W. Cherry Lane and N. Linder Road On August 7,2002, the Ada County Highway District Commissioners acted on MCZC02-027. The conditions and requirements also apply to MCUP02-042. If you have any questions, please feel free to contact this office at (208) 387-6170. Sincerely, ~~e~~ Plarming & Development Cc: PI arming & Development/Chron/Project Pile Plarming & Development Services City ofMeridi-an' Construction Services DrainagelUtiJities Pinnacle Engineering Clint Boyle 1255 W. Executive Drive, Suite B Boise, Idaho 83713 m - Z r- ,-- 0 L I I s:: - - ::0 -I ::r: - - G) ~ JI--- - m L y ,-- I--- t:: \,/ I 1.- ----- - I-- rS:\ V !II ~ ~ o g ~ili N LINDER RD G) o o CD o o ... ~fB ~ j ... CD o o "'" CD CD .. :E OO+Z 1'1 < -0 nr- -. -- ::s ::s ;::;:c. 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'._n....'"':',.....,._ ....n.. or..,... ..__.....t,,~,__..;.~.. -_....... .....;<~... I . A..:~ Ada County Highway District Right-of Way & Development Department Planning Review Division This application requires Commission action because the proposed driveways do not meet policy for location. This application was scheduled and heard as part of the consent agenda on August 7, 2002 at 12:00 pm (noon). Tech Review for this item was held with the applicant on July 17, 2002. Staff contact: Craig Hood, 387-6174, chood@achd.ada.id.us File Number: MCZC-02-027 Site address: Southeast corner of Linder Road and Cherry Lane, Meridian OwnerlApplicant: Stubblefield Development Company P.O. Box 327 Meridian, ID 83680 Representative: Clint Boyle 12552 W. Executive Dr., Ste B Boise, 10 83713 Application Information The applicant is seeking Certificate of Zoning Compliance for a 14,880 square-foot general retail center in a CoN zone. The site is located on the southeast corner of Linder Road and Cherry Lane in Meridian. Acreage: Current Zoning: Proposed square footage: Existing square footage: 2.16-acres CN 14,880-feet o Vicinity Map "="-! ffiHf TTTlI 1 A. Findings of Fact 1. Trip Generation: This development is estimated to generate 606 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: The impact fee rate from the fee tables for this use (specialty retail) is $1,885 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Site Information: This site is currently vacant. 5. Description of Adjacent Surrounding Area: a. North: single-family homes/offices b. South: single-family homes (North Gate Subdivision) c. East: vacant parcel d. West: convenience store 6. Impacted Roadway(s) CherrY Lane: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: Linder Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: 400-feet Principal arterial 21,030 west of Meridian Road on 5-2-00 LOS C or better 35 MPH Linder Road, a signalized intersection 235-feet Minor arterial 8,016 north of Pine Street on 1-6-00 LOS C or better 35 MPH Cherry Lane, a signalized intersection 7. Roadway Improvements Adjacent To and Near the Site Cherry Lane is improved with four travel lanes, a center turn lane, curb, gutter and sidewalk abutting the site. Linder Road is improved with four lanes abutting the site (one southbound, one westbound turn lane, one northbound, one eastbound turn lane) with curb, gutter and sidewalk on about half of the frontage (around Cherry Lane). South of the site Linder Road is constructed to two lanes (no center turn lane) with curb, gutter and sidewalk. 8. Existing Right-of-Way There is currently 70-feet of right-of-way (40-feet from centerline) for Cherry Lane abutting the site. There is currently BO-feet of right of way (40-feet and 32-feet (south corner) from centerline) for Linder Road. 9. Existing Access to the Site There are currently 5 curb cuts, 2 on Linder Road and 3 on Cherry Lane into this parcel. All 5 of the existing driveways do not meet current District policy for location on an arterial street. 2 10. Site History In 2000 the Commission reviewed and approved a rezone and conditional use application, which included a portion of this site. Since that application was submitted the original parcel has been adjusted to encompass three buildable parcels. The proposed access points to Linder Road and Cherry Lane were noted in the previous staff report for Linder Crossing (RZ-00-005 & MCUP-OO- 0048) and are outlined inthe Findings for Consideration and Site Specific Conditions below. 11. Five Year Work Program Linder Road from Ustick Road to Franklin Road is currently in the Five Year Work Program for roadway improvements in 2007. The Linder Road/Pine Avenue intersection is also scheduled for re- construction in 2007 as part of the Five Year Work Program. 12. Other Development in Area/Miscellaneous There is an existing stub street (15th Street) to this parcel that was platted with the North Gate Subdivision in 1974. Due to expected cut through traffic from the proposed commercial use through the existing single-family neighborhood down 15th Street, the applicant is not proposing to extend 15th Street into the subject property. B. Findings for Consideration 1. Right-of-Way District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. The applicant should be required to dedicate 48-feet of right-of-way from centerline for Linder Road abutting the property. REQUEST FOR MODIFICATION OF POLICY: Cherry Lane only has 70-feet of right-of-way existing abutting the property, however all of the improvements are currently in and Cherry Lane is not scheduled for any additional improvements in the near future. Therefore, no additional right-of-way on the south side of Cherry Lane is necessary at this time. Staff recommends that the applicant not be required to dedicate any additional right-of-way for Cherry Lane with this application. At the August 7, 2002, Commission meeting, the ACHD Commission granted this modification. 2. Sidewalk District policy requires 5-foot wide (minimum) concrete sidewalk on all arterial and collector streets (7204.6.5). Sidewalk currently exists on about 135 of the 235-feet of frontage on Linder Road. The applicant should be required to road trust for, rather than build, the remaining sidewalk, approximately 100-feet, on Linder Road because it is in the Five Year Work Program. The sidewalk on Cherry Lane already exists, so the applicant should not have to construct any additional sidewalk unless it is damaged (see next paragraph). District policy 7203.6 requires the applicant of a proposed development to make improvements to existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. 3 3. Access points District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. Driveway locations District policy (Figure 72-F4 (1)) requires full access driveways on arterials to be located a minimum of 440-feet from the intersection (measured from near edge to near edge) and also requires a minimum of 125-feet of separation between driveways on the same side of the street and/or for the driveway to offset or align with any existing or proposed driveway across the street. For right-inlright- out driveways with/without a median, policy requires a minimum of 220-feet from the intersection and also requires a minimum of 125-feet of separation between driveways on the same side of the street and/or for the driveway to offset or align with any existing or proposed driveway across the street. REQUEST FOR MODIFICATION OF POLICY: LINDER ROAD: The applicant is proposing to construct one driveway on Linder Road, located at the south property line, approximately 200-feet south of the signalized intersection at Cherry Lane. There are two existing driveways on the west side of Linder Road that serve as access to a gas station and retail shops. The existing southern driveway on the west side of Linder Road aligns with the proposed driveway, but the northern driveway is located within 100-feet of the proposed driveway. There is another existing driveway on the west side of Linder Road located approximately 20-feet south of the proposed driveway that serves a church. CHERY LANE: The applicant is also proposing to construct a driveway on Cherry Lane located approximately 400-feet east of Linder Road, which does not meet District policy for location. STAFF ANALYSIS AND RECOMMENDATION: LINDER ROAD: The applicant does not have sufficient frontage from the Cherry Lane/Linder Road signal for a driveway on Linder Road. Staff recommends a modification to allow a restricted right- in/right-out driveway, located 200-feet south of the intersection at Cherry Lane. Due to the close proximity to the intersection, staff recommends that the applicant construct an on-site island to restrict the driveway to right-in/right-out. Coordinate the design of the island with Traffic Services staff for review and approval. The island may have to be constructed in the right-of-way and the driveway to be effective. At the August 7,2002, Commission meeting, the ACHD Commission granted this modification. CHERRY LANE: Staff recommends another modification to policy to allow a full-access driveway on Cherry Lane approximately 400-feet east of Linder Road as long as a cross-access easement is granted to the parcel to the east, is recorded, and a copy is submitted to the District. At the August 7, 2002, Commission meeting, the ACHD Commission granted this modification. NOTE: These recommendations are consistent with the previous Commission action for RZ-00-005 and MCUP-00-00048. Driveway widths District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35-feet. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. 4 Stacking distance District policy 7207.9.2 requires commercial driveways with daily traffic volumes greater than 1,000 vehicle trips per day to provide a minimum of 50-feet of storage distance on driveways to prevent stacking onto public roadways. Due to the expected number of vehicle trips per day, the applicant should be required to provide a minimum of 50-feet of on-site staking at all driveways. All driveways Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave all driveways to their full width and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and Linder Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 4. Roadway improvements District policy 7203.6 requires the applicant of a proposed development to make improvements to existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant should be required to replace unused curb cuts on Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements. 5. Stub Streets 15th Street, a 36-foot wide local street dead-ends at the applicant's south property line. District policy requires turnarounds on streets that are more than two lots in depth. There are eight residential lots that front on 15th Street. At the time that this subdivision was platted (North Gate No.2, 1974) there was a note on the plat for a temporary turnaround easement to be in place until the time that 15111 Street was extended. 15th Street is not being extended with this application, and the temporary easement is still in place. The applicant is not proposing to extend the roadway, or provide a vehicle connection from the site to this street. A vehicle connection to this site would cause commercial cut- through traffic on a residential street with front-on housing. SPECIAL RECOMMNEDATION TO THE CITY OF MERIDIAN: Staff recommends that in lieu of extending 15111 Avenue into the site, the applicant should be required to provide a pedestrian connection from the residential neighborhood (North Gate No.2) into the site. NOTE: This recommendation is consistent with the previous Commission action for RZ-00-005 and MCUP-00-00048. C. Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline at Linder Road abutting the parcel by means of execution of a warranty deed prior to issuance at a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right- at-way dedication after receipt of all requested material. The owner will be paid the tair market value at the right-at-way dedicated which is an addition to existing ACHD right-at-way it the owner submits a letter of application to the impact tee administrator prior to breaking ground, in accordance with the appropriate ACHD Ordinance in effect at the time at the request (currently Ordinance #195). 5 2. Construct a maximum 35-foot wide driveway on Linder Road, located approximately 200-feet south of the signalized intersection at Cherry Lane. Construct an on-site island to restrict the driveway to right-inlright-out. Coordinate the design of the island with Traffic Services staff for review and approval. The island may have to be constructed within the new right-of-way to be effective. Pave the driveway its full width of 30 to 35-feet and at least 3D-feet into the site beyond the edge of pavement of Linder Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3. Construct a maximum 35-foot wide driveway on Cherry Lane located approximately 400-feet east of Linder Road. This driveway shall be shared with the parcel directly to the east OR; it shall be restricted to right-inlright-out. Prior to construction plan approval for this driveway, the applicant shall provide a recorded cross access easement to ACHD staff for the parcel to the east to use this parcel for access to the public streets. If a cross access agreement is not reached, the driveway shall be restricted to right-in/right-out. Pave the driveway its full width of 30 to 35-feet and at least 3D-feet into the site beyond the edge of pavement of Cherry Lane with 15-foot curb radii. 4. Provide a minimum of 50-feet of on-site stacking for all approved driveways. 5. Replace unused curb cuts on Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements. 6. Close the existing driveway on Linder Road, located approximately 85-feet south of the north property line, with landscaping, berming, temporary curbing, or other ACHD approved method to prohibit access to the driveway. 7. In lieu of constructing the sidewalk improvements on Linder Road, the applicant shall provide a $2,000.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing 5-foot wide concrete sidewalk abutting the parcel (approximately 100-feet) on Linder Road prior to issuance of a building permit. 8. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road or Cherry Lane is prohibited. 9. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387 -6280 (with file number) for details. 6 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design 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 ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. g. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIG LINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain wriUen confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. 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Request for Reconsideration of Commission Action: A Commissioner. a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original mailer is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. Request for Reconsideration 6 ~ ~&~tJ~,!)~ 1503 fiRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 November 4, 2002 RECEIVED NOV - 7 2001 Phones: Area Code 208 OFFICE: Nompo 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho ..~ID83642.. Ci fv "fMel'idian CiLJ '- _ ~ ~fioe Re: CUP 02-042 Conditional Use Permit for Drive-thru window and lane for a coffee and ice cream shop in Linder Crossing Retail Center Dear Commissioners: It appears all storm drainage is being retained on site according to the plans dated October 21, 2002 and signed by Randall Haverfield. However, if the storm drainage is changed the District will require a Land Use Change I Site application. According. to the plans mentioned above, this proposed application will not impact the Nampa & Meridian Irrigation District and no further review is necessary. Sincerely, ~~~er Superintendent NAMP A & MERIDIAN IRRIGA nON DISTRICT BHldll Cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABlE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS. 40.()()() PUBLIC HEARING SIGN-UP SHEET RECEIVED I ~ N 0 2 2003 CITY OF II'LEmDu~;{ DATE January 2, 2003 CUP 02-042 PROJECT NUMBER Linder Crossing PROJECT NAME NAME FOR AGAINST K::::rbv! 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