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HomeMy WebLinkAbout1/2/08 P&Z MinutesMeridian Planning & Zoning January 3, 2008 Page 2 of 59 Rohm: No, sir. Siddoway: None. Moe: Could I get a motion to accept the Consent Agenda? O'Brien: So moved. Siddoway: Second. Moe: It has been moved and seconded to accept the Consent Agenda. All those in favor say aye. Opposed same sign? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Before we get into the first Public Hearing tonight I have got a couple other things I'd like to just make note of. Number one, this would be my first meeting of the year as the new chairman. I would like to take this opportunity to thank Mr. Rohm for two years of great service as the chairman of this Commission and look forward to seeing you sit there for many -- many years to come. Rohm: Well, thank you, Mr. Chairman. Moe: And, then, again, on the next note, we also lose a Commissioner tonight, although I think the city is gaining a valuable employee and that would be Mr. Siddoway is leaving to become the park and recs director for the City of Meridian and he will be a definite asset to this city, there is no doubt about it. And it's been fun working with you on this Commission as well. Siddoway: Thank you. Canning: Regaining a valuable employee. Moe: Pardon me? Canning: Regaining a valuable employee. Item 4: Continued Public Hearing from December 20, 2007: CUP 07-020 Request for Conditional Use Permit for adrive-thru window in a C-G zone within 300 feet of a residential district for Starbuck's Drive-thru by Pamela Hall -Lot 3, Block 1 of Gardner-Ahlquist Gateway Subdivision No. 1: Meridian Planning & Zoning January 3, 2008 Page 3 of 59 Moe: Good point. That is correct. He has spent lots of time with the city. You're correct. Okay. That's all I had to say there, so, then, we will go ahead and open the continued Public Hearing on CUP 07-020 in regards to the Starbucks drive-thru and hear the staff report. But, excuse me, before we do that -- I knew there was something else I needed to talk about. If you haven't been to these meetings before, I want to kind of give you just a real quick low down of how this works. I will open a Public Hearing. The staff will give comment on the project, after which the applicant will come up and they will give their comments and opinions of the project and, basically, try and make sure the Commission has all the information necessary to make a sound decision, at which time after -- and they have ten minutes to make that presentation, after which, then, if you have signed up in the back we will take them one at a time and the Public Hearing, then, would go on with everyone that has signed up. After which, if there are others that still would like to speak, all you basically need to do is raise your hand and you will have your -- your say. When you do have your time at the microphone, that is three minutes and we do have a little box up here that will light up and signal when you guys have used your three minutes and we would like to keep as close to three minutes as possible. I don't know that we have such a great crowd tonight that we have a lot of people on any one hearing, but if you have a spokesperson that you would like to make sure has more time to speak than three minutes and you, basically, want to give up your time for that person, you just need to let us know that you are having someone speak for you and they will get that extra time. So, having said that, now I will go to staff to give us the report. Thank you. Wafters: Thank you, Mr. Chairman, Members of the Commission. The application before you is a request for a Conditional Use Permit for adrive-thru establishment within 300 feet of an existing residence in a residential district. The site is shown here on the map on the overhead. The property is generally located off the southeast corner of Eagle Road and Franklin Road on the future Lot 3, Block 1, of the proposed Gardner- Ahlquist Gateway Subdivision No. 1. North of the site across Franklin Road is RC Willey's, zoned C-G. To the west across Eagle Road an office complex, Parkway Plaza, zoned L-O. To the southwest across Eagle Road are existing residences that are within 300 feet of the proposed drive-thru, zoned R-2 in Ada County. To the south is vacant property zoned C-G and St. Luke's Medical Center Hospital, zoned L-O. And to the east is a retirement community, Meadow Lake Village, zoned L-O. This is an aerial view of the site and the surrounding area. The applicant is proposing to construct a new Starbucks restaurant with adrive-thru window on this site. The property consists of .3 of an acre and is currently zoned C-G. The Unified Development Code requires Conditional Use Permit approval for all proposed drive-thru facilities within 300 feet of an existing residence and/or residential district. The site is within 300 feet of an existing residence in a residential district. The applicant has submitted a site plan showing the location of the proposed building, parking, and drive-thru on this site. There are several specific use standards for drive-thru facilities listed in the UDC, which the applicant has demonstrated compliance. Further, because this site is located adjacent to an entryway corridor, Eagle Road, compliance with design standards is required. The applicant has Meridian Planning & Zoning January 3, 2008 Page 4 of 59 requested design review approval concurrently with the CUP application, although the Commission is not required to make an action on that portion of the application. Staff has reviewed the site plan and elevations in compliance with design standards and included appropriate conditions of approval in Exhibit B of the staff report. Access to the site is proposed from internal driveways that connect to one right-in, right-out, left-in access point on Franklin Road via South Brooklyn Avenue and one right-in, right-out access point on Eagle Road via East Louise Drive. The access point to Eagle Road, State Highway 55, was approved previously with variance 07-006. The access to Franklin Road was approved with preliminary plat 07-007. Because this lot is the first to develop within the subdivision, internal streets and driveways to this site have not yet been. constructed. Staff has included a condition of approval that the applicant either construct two driveways on this site, one from Eagle and one from Franklin or one driveway to this site from Eagle or Franklin and construct temporary construction fencing around the site and driveway to the site to prevent vehicles from driving across the construction site where there are no paved roads. A landscape plan was submitted with this application that complies with the landscaping requirements of the Unified Development Code for parking lots. The street buffer landscaping along Eagle Road was previously reviewed and approved with the final plat for the subdivision. Building elevations were also submitted with this application. The building is proposed to be primarily constructed of minimum of three different colors of EFIS material and a stone veneer and have modulations in the facade, roof line recesses, and projections. The roof design incorporates varying parapets heights and cornices. This is a color drawing of the building. Staff would like to make a recommendation to the Commission that two conditions of approval in Exhibit B be modified as follows: The first is condition 1.2. It reads a do not enter sign shall be installed on the north. Staff would like to strike that and put east end of the planter island on the east -- strike east and insert north side of the drive-thru lane on the west -- strike west and insert south side of the building for traffic exits. The second one is condition 1.3 that requires a caution pedestrian crossing sign to be installed. Strike at the terminus of the north end of the driveway of the drive- thru. And, then, states on the west side of the building where traffic -- should be enters the drive-thru instead of exits. These requested modifications are included in the Commission intro sheets. staff is recommending approval of the requested Conditional Use Permit as stated in the staff report, subject to the conditions listed in Exhibit B. That's all staff has, unless the Commission has questions. Moe: Any questions? Siddoway: One for clarification, Sonya. If I -- and I may have heard incorrectly, but thought you said in the change to 1.2 to strike east and put north, but in the written version I'm looking at it says strike north and put east. I just wanted to make sure that it was strike north and put east. Wafters: Chairman, Commissioners, Commissioner Siddoway, the latter is correct. Strike north and insert east. Meridian Planning & Zoning January 3, 2008 Page 5 of 59 Siddoway: Okay. Thanks. Moe: Any other questions? Okay. Would the applicant like to come forward, please. Hall: Good evening, Mr. Chairman, Members of the Commission, Pamela Hall, Timberline Surveying, 847 Park Center Way, Suite 3, Nampa. Moe: Thank you. Hall: We are in agreement with the staff- report and don't have anything to add. Moe: Do you think it will all go this way tonight? Hall: It would be nice, wouldn't it. Be nice if all of the buildings on this site will go this way. Moe: Any questions of staff -- of the -- Rohm: Applicant. Moe: The applicant. Yes. O'Brien: I have none. Rohm: I don't have any. Siddoway: I have none. Hall: Okay. Moe: Thank you. Hall: Thanks. Moe: There is no one that has signed up to speak. If there is anyone in the audience that would like to, please, come forward. There are none. Any other discussion? Rohm: Mr. Chairman, I think this is a straight forward application and appears they have met all the conditions of the staff report and I don't see any reason why we can't just move this forward. At this time I'd like to move that we close the Public Hearing on CUP 07-020. Siddoway: Second. Meridian Planning & Zoning January 3, 2008 Page 6 of 59 Moe: Thank you. It has been moved and seconded to close the Public Hearing on CUP 07-020. All those in favor signify by saying aye. Opposed same sign? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Siddoway: Mr. Chairman, could I ask staff just a clarification question? Moe: You may. Siddoway: The -- as I read through the staff report it said that the street buffer -- I believe it was along Eagle Road, recently received a variance, so that it can be located all in ITD right of way; is that true? Wafters: ,Chairman, Commissioners, Commissioner Siddoway, yes, that is correct. Siddoway: Okay. Wafters: The variance was approved. Siddoway: And the lot that this -- this project is sitting on is not yet recorded, it's still a proposed final plat, but they still -- they have the ability to develop as -- because it's an existing undeveloped lot; is that correct? Wafters: That is correct. Siddoway: That's all I needed for clarification. Thank you. Moe: Okay. Siddoway: Go ahead. Rohm: Mr. Chairman? Moe: Yes. Rohm: I'd like to move that we approve CUP 07-020 to include the staff report with the following modifications. On 1.2, change north to east in two locations and -- I'll just read it. In 1.2, A, do not enter sign shall be installed in the east end of the planter inside of the north side of the drive-thru lane on the south side of the building where traffic exists. This provision should help prevent cars from entering the drive-thru from the wrong direction. Please include signage on a revised site plan. The second revision would be 1.3 and that's a caution pedestrian crossing sign shall be installed on the west side of Meridian Planning & Zoning January 3, 2008 Page 7 of 59 the building where traffic enters the drive-thru. Please include signage on the revised site plan. And those are the two modifications to the staff report. End of motion. Siddoway: Second. Moe: It has been moved and seconded to approve CUP 07-020, with the modifications as noted. All those in favor say aye. Opposed same sign? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 5: Continued Public Hearing from December 20, 2007: RZ 07-019 Request for a Rezone of 0.602 of an acre from I-L to C-G zone for Rockin KB Saloon by Patrick McKeegan - 3163 E. Lanark: Item 6: Continued Public Hearing from December 20, 2007: CUP 07-019 Request for Conditional Use Permit approval of a drinking establishment in a proposed C-G zone for Rockin KB Saloon by Patrick McKeegan - 3163 E. Lanark: Moe: I'd like to open the continued Public Hearing for RZ 07-019 and CUP 07-019 for the Rockin KB Saloon and get the staff report. Wafters: Mr. Chairman, Members of the Commission, the application before you is a rezone and Conditional Use Permit request for the Rockin KB Saloon. The property consists of 2.2 acres and is currently zoned I-L, light industrial. The second property is located at 3163 East Lanark Street on the southwest corner of North Eagle Road and Lanark Street. Note that the property boundary of the rezone and the Conditional Use Permit are different. The property for the CUP is only the southern portion of the property, as shown in this map here.. The rezone request is for that entire property. The CUP covers the southern building and the portion of the building -- the adjacent building that is proposed as part of this application. The property is bordered on the north by vacant land, zoned C-G. To the east by Eagle Road and commercial property, RC Willey's, zoned C-G. To the south by vacant land, zoned I-L. And to the west by industrial uses, zoned I-L. The property is currently developed as two existing structures. This aerial only depicts the structure to the north. A structure has been built on the southern property here since this aerial was taken. The applicant is requesting that this property be rezoned from I-L, light industrial, to the C-G, general retail and service commercial zoning district. The Comprehensive Plan future land use map designation for this property is industrial. The land use categories and locations depicted on the map are conceptual. For this reason the planning director has determined that the proposed C-G zoning district is generally consistent with the Comp Plan because of the property's proximity to Eagle Road and adjacent commercial uses and zoning to the north and east. Further, staff believes that commercial uses are more appropriate than industrial uses adjacent to transportation corridors, such as Eagle