HomeMy WebLinkAboutLinder Crossing CUP
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE ) Case No. CUP-02-042
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A DRIVE-THRU ) RECOMMENDATION TO CITY
WINDOW AT LINDER CROSSING ) COUNCIL
IN A C-N ZONE )
)
STUBBLEFIELD DEVELOPMENT,
Applicant
1.The property is located at 1551 W. Cherry Ln., Meridian.
2.The owner of record of the subject property is Stubblefield Development, P.O. Box 327,
Meridian, Idaho 83680.
3.Applicant is the same as owner.
4.The subject property is currently zoned C-N. The zoning district of C-N is defined within
the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
5.The Applicant requests the Conditional Use Permit for a drive-thru window for a
coffee/ice cream shop located in Linder Crossing. The C-N 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 application will, in fact, constitute a
conditional use as determined by City policy.
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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:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1.Directional signage shall be provided for the drive-thru at the Cherry Lane
entrance, directing traffic around the building to enter the drive-thru properly.
2.Noise levels from the drive-thru speakers shall not exceed 55 decibels, as
measured at the property line. The P&Z Commission also recommends that the
applicant attempt to find a “directional” speaker for the drive-thru to further
reduce noise for the neighboring properties.
3.Signage shall be added near the southeast corner of the building (adjacent to the
drive-thru) requesting that patrons be courteous to the neighbors by keeping noise
levels down (i.e. not playing radios too loudly, etc.).
4.Applicant shall add an evergreen tree on the southeast portion of the property, just
east of the trash enclosure, for additional buffering. The other trees shown in the
planter along the south property line behind the drive-thru shall also be evergreen.
5.The parking space at the southeast corner of the building shall be replaced with a
landscape planter to provide for additional stacking depth for the drive-thru
without blocking parking spaces.
6.The business using the drive-thru shall not change to a more intense, traffic-
generating use (i.e. fast food) without a new Conditional Use Permit.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Requirements
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.
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2.Hours of operation for the drive-through window shall be limited to 6:00am to
10:00pm Sunday-Thursday and 6:00am to 11:00pm 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 of Idaho 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 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-
12-1C. 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.
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C. Adopt the Recommendations of ACHD as follows:
On August 7, 2002, the Ada County Highway District Commissioners acted on CZC-02-
027. The conditions and requirements also apply to CUP-02-042.
Site Specific Conditions of Approval
1.Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the
parcel by means of execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first. Allow up to 30
business days to process the right-of-way dedication after receipt of all requested
material. The owner will be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way if the owner
submits a letter of application to the impact fee administrator prior to breaking
ground, in accordance with the appropriate ACHD Ordinance in effect at the time
of the request (currently Ordinance #195).
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-in/right-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 30-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.
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-in/right-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 30-feet into the site beyond the edge of
pavement of Cherry Lane with 15-foot curb radii.
3.Provide a minimum of 50-feet of on-site stacking for all approved driveways.
4.Replace unused curb cuts on Cherry Lane with standard curb, gutter and concrete
sidewalk to match existing improvements.
5.Close the existing driveway on Linder Road, located approximately 85-feet south
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of the north property line, with landscaping, berming, temporary curbing, or other
ACHD approved method to prohibit access to the driveway.
6.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.
7.Other than the access points specifically approved with this application, direct lot
or parcel access to Linder Road or Cherry Lane is prohibited.
8.Comply with all Standard Conditions of Approval.
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.
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
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Road Impact Fee Ordinance.
9.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 DIGLINE
(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 written 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
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
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’.
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.
E. Adopt the Recommendations of Central District Health Department as follows:
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A
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1. Plans are required to be submitted for a plan review for any food establishment.
F. Adopt the Recommendations of Sanitary Service Company as follows:
1. Enclosure is adequate. Could use a little more clearance inside of the gates when
open.
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