HomeMy WebLinkAboutHarks Corner CUP 03-009CUP 03-009
March 31, 2003
MERIDIAN PLANNING & ZONING MEETING April 3, 2003
ITEM NO. ~.3
APPLICANT Van Hees Properties, LLC
REQUEST Public Hearing -Request for a Conditional Use Permit for the
_...~,.., ;., „ ~_r ~~ne for Hark's Corner -southwest corner of
~co~•
South Linder Road
AGENCY
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: See attached Proof
Contacted:
COMMENTS
See attached Staff Comments
gee attached Comments
See attached Comments
See attached Comments
See attached Comments
Date:
of public meetings shall become
~lopment of a rental
Franklin Road and
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Phone: ~ Q_ j/1'
of the City of Meridian. C~(J~ Y `~
09/28/2003 11:35 FA% 2088888854
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(~ MERIDIAN P&Z DEPT. ~ CitY Clerk I~J001
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RECEIVED
MAR 2 8 2003
C ty OC1eMk Office
MAR 26 '03 11 41 2088886854 PRGE.01
CENTRAL
~~ DISTRICT
HEALTH
Rezone #
Conditiona
CENTRAL DISTRICT HEALTH DEPARTM DReturn to:
Environmental Health Division R,ECE ^Boise
MAR 2 5 2D~J3 ^ Eagle
^ Garden City
~+leridian
^Kuna
Preliminary /Final /Short Plat ^ACZ
icy/- ~'s,~.~,e-;/ ^Stal'
T
^ 1. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage dis astel f ow clharacteristics data concerning the depth of:
^ high seasonal ground water ^
^ or bedrockfrom original grade ^ ~~
^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
^ 8. After writt^encenValsewage approp^ commulnrysewagesystemWe e0 communitywaterwellal for:
^ interim sewage ^ central water
^ individual sewage ^ individual water
~ g. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ communiry water
^ sewage dry lines ^ central water
^ 10. Run-off is not to create a mosquito breeding problem.
^ 11. ,This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
~3. We wtll re a plans be submitted for a plan review for any: child care center
~- ` ~faod.EStablishment p swimming pools orspas ^
^ beverage establishment ^ grocery store
^ 14.
Date: -3 l~~ I ~3
Reviewed By: ~~~~~~~
Review Sheet
coax s~oc i~
~,Fia, & `~~v+,ra'iadc ~Ifiru~atsa~ 2~r:~t>~'iict
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
March 17, 2003
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
RECEI~TED
MAR 2 5 2003
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
City of Meridian
City Clerk Office
Re: CUP 03-009 Conditional Use permit for the development of a rental /restaurant
complex in a C-C zone for Hark's Corner
Dear Commissioners:
If all storm drainage is retained on site no further review will be necessary; however, if
any storm drainage leaves the site the Nampa & Meridian Irrigation District will require
that a Land Use Change/Site application be filed.
The developer will need to contact Ms. Donna Moore, Asst. Secretary/Treasurer at the
District's main office at 466-7861 for further information.
Sincerely,
~.Q ~Pi/~w
ill H nson, Asst. Water Superintendent
NAMPA & MERIDIAN IItR[GATION DISTRICT
BH/dll
Cc: File -Shop
File -Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS- 23,000
BOISE PROJECT RIGHTS - 40,000
CO Y .
a ~ ~1l~rr~
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-OD92
RECEIVED phones: Area Code 208
MAR 2 5 2003 OFFICE: Nampa 466-7861
Mike Fairchild, Planner sF1oP: Nampa 466-0663
3738 E. Judicial Drive City of Meridian
Meridian, ID 83642 City Clerk Office
RE:_ Land Use Change Application =Harks Cornlrr - - "
Dear Mr. Fairchild:
Enclosed please find a Land Use Change Application for your use to file with the Irrigation
District for its review on the above-referenced development. If this development is under a
"rush" to be finalized, I would recommend that you submit a cashier's check, money order or
cash as payment of the fees in order to speed the process up. If you submit a company or
personal check, it must clear the bank before processing the application.
Should this development be planning a pressure urban irrigation system that will be owned,
operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P.
Anderson, Water Superintendent for the Irrigation District, concerning the installation of the
pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate
the process of contractual agreements between the owner or developer. and the Irrigation
District for the ownership, operation and maintenance of the pressure urban irrigation system.
If you have any questions concerning this matter, please feel free to call on me at the District's
office, or John P. Anderson, at the District's shop.
Sincerely,
~ ~ ~~
Donna N. Moore, Asst. Secretary/Treasurer
NAMPA & MERIDIAN IRRIGATION DISTRICT
DNM/smc
cc: File
Water Superintendent
Will Berg, City Clerk, City of Meridian
Van Hees Properties, LLC, 1651 W. Franklin Road, Meridian, ID 83642
enc.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS ~ 23,000
BOISE PROJECT RIGHTS ~ 40,000
.,,~f 'D'~..
~~
Ada County Highway District
DaNd E. Wynkau,
John 5. F2nden,
TO: Van Hees Properties, L.L.C.
1651 W. Franklin Road
Meridian, ID 83642
March 20, 2003
SUBJECT: MCUP03-009
Restaurant Complex
Southwest Comer of Franklin Road/Linder Road
RECEIVED
MAR 21 2003
City of Meridian
City Clerk Office
On April 18, 2001, the Ada County Highway District Commissioners acted on MAZOI-007/MCUPOl-011.
The conditions and requirements also apply to MCUP03-009.
If you have any questions, please feel free to contact this office at (208) 387-6170.
S' cer~ly,
C air g`H od
Senior Development Analyst
Planning & Development
Cc: Planning & Development/Chron/Project File
Planning & Development Services City of Meridian
Construction Services
1st Vlce President
4ce Presltlem
COmmluloner
Gamen City ID 837146499
Phone (206)367-6tOD
FAX (206)367-6397
Drainage/iJtilities
Mike Fairchild, 3738 E. Judicial Drive, Meridian, ID 83642
ADA COUNTY HIGHWAY DISTRICT
Planning and Development Division
Development Application Report
MAZOl-007/MCUPOI-001 IMOD s/w!c Linder/Franklin C-store/car wash/drive thru coffee
This application has been referred to ACHD by the City of Meridian for review and comment. The
applicant is requesting a rezone from R-1 to C-C, and conditional use approval to construct a 3,000-
squaze foot convenience store, 3,000-square foot drive-thru restaurant, gas station, car wash and drive
thru coffee shop. The 4.0-acre site is located at the southwest corner of Linder Road and Franklin
Road. This development is estimated to generate 4,934 additional vehicle trips per day based on the
individual use as listed in the Institute of Transportation Engineers Trip Generation Manual. This
number does not reflect trip capture.
Roads impacted by this development: Linder Road
Franklin Road
ACHD Commission Date -April 18, 2001-12:00 p.m.
Facts and Findings:
A. Generallnformation
Owner - Larry V an Hees
Applicant -John Costner Architects
R-1 -Existing zoning (low density residential)
C-C -Proposed zoning (commercial)
4.0- Acres
3,000 - Squaze feet of proposed convenience store
3,000 -Square feet of proposed drive-thru restaurant
565 -Square feet of proposed drive-thru coffee shop
4 -Proposed fuel islands
-Proposed car wash bays
279 -Traffic Analysis Zone (TAZ)
West Ada -Impact Fee Service Area
Meridian -Impact Fee Assessment District
MCCJP01-001 l .cmm
Page 1
Rezone from R-1 to CC
MA201A07
119 S. Linder Road
MCUPOI-001 l.cmm
Page 2
800 0 B00 1600 Feet wE
s
Linder Road
Minor arterial with bike lane designation
Traffic count of 5,383 on 5-9-00 (s/o Franklin Road)
Better than C-Existing Level of Service
Better than C-Existing plus project build-out Level of Service
Traffic count of 8,593 on 5-9-00 (n/o Franklin Road)
Better than C-Existing Level of Service
Better than C-Existing plus project build-out Level of Service
250-feet of frontage
82-feet existing right-of--way (42-feet west from centerline)
90-feet required right-of--way (45-feet from centerline) to match Franklin Road improvements
Linder Road is improved with a 3-lane street section with curb, gutter and sidewalk abutting the
site. The Linder Road/Franklin Road intersection is signalized.
Franklin Road
Minor arterial with bike lane designation
Traffic count of 7,529 on 5-9-00 (w/o Linder Road)
Better than C-Existing Level of Service
Better than C-Existing plus project build-out Level of Service
Traffic count of 17,518 on 5-9-00 (w/o Meridian Road)
Better than C-Existing Level of Service
Better than C-Existing plus project build-out Level of Service
630-feet of frontage
90-feet existing right-of--way (45-feet from centerline)
No additional right-of--way required because a portion of the site has attached concrete
sidewalk, and the necessary right-of--way for that roadway section is existing
Franklin Road is improved with a 5-lane street section, tapering to 2-lanes, with curb, gutter
and sidewallc abutting only a portion of the site.
B. On Apri12, 2001, the District Planning and Development staff inspected this site and evaluated
the transportation system in the vicinity. On Apri16, 2001, the staff met as the District's
Technical Review Committee and reviewed the impacts of this proposed development on the
District's transportation system. The results of that analysis constitute the following Facts and
Findings and recommended Site Specific Requirements.
MCUPOI-001 l.cmm
Page 3
C. The applicant is proposing to utilize an existing 36-foot wide driveway on Linder Road located at
the south property line, approximately 220-feet south of the signalized intersection at Franklin
Road, and 100-feet north of Barrett Street on the east side of Linder Road. District policy
requires driveways to offset a minimum of 220-feet from a signalized intersection for right-
in/right-out, and 440-feet for full access. Policy also requires driveways to align or offset a
minimum of 150-feet from any existing or proposed driveways or streets on Linder Road. The
proposed driveway location does not conform to District policy because it does not meet the
offset from Barrett Street.
Staff recommends that the Commission approve a modification of policy, and allow the driveway
on Linder Road to be located as proposed, and be restricted to right-in/right-out, due to its
location to the intersection. The site has sufficient firontage for a full access driveway on
Franklin Road. The applicant should be required to construct asix-inch raised median in Linder
Road located 50-feet south of the stop bar at Franklin Road, and extending 50-feet south of the
southern edge of driveway on Linder Road.
On June 6 2001 The Ada County Highway District Commission heard testimony from the
a hcant, the traffic engineer and District staff regarding the rrght-rn/ri4ht-out driveway
on Linder Road.
After hearin testimon from the a licant the traffic en ineer and District staff the
Commission acted on MCUPOl-00011/MAZOl-00007. The Commission's action directed
the ex~shng 36 foot wide driveway on Linder Road located at the south property line,
a roximatel 220-feet south of the si nahzed mtersectton at Franklin Road and 100.feet
north of Barrett Street on the east side of Linder Road to be utilized as a right-in/right-
ont/left-in drivewa onl .Commission acted that the dnvewa would be restricted to a
ri ht in/right out/left in driveway by means of a traffc island median. The applicant
should coordinate the desi nand location of the traffic island/medran with District staff.
D. The applicant is proposing to utilize an existing 36-foot wide driveway on Franklin Road located
approximately 240-feet west of the signalized intersection at Linder Road. District policy
requires driveways to offset a minimum of 220-feet from a signalized intersection for right-
in/right-out, and 440-feet for full access. In accordance with District policy, a driveway in this
location should be restricted to right-in/right-out.
District policy allows a driveway located at 315-feet from signalized intersections, with no right-
in/right-out driveway located at 220-feet from the intersection.
Staff recommends that the applicant either:
1. Locate a driveway on Franklin Road 220-feet from the intersection, and restrict the driveway
to right-in/right-out.
OR
2. Locate a driveway on Franklin Road 315-feet from the intersection, for full access, with no
driveway located at 220-feet from the intersection.
MCUPOl-OOl l .cmm
Page 4
E. The site has sufficient frontage on Franklin Road to construct two driveways. If the applicant
chooses to construct aright-in/right-out driveway located 220-feet west of Linder Road, then a
second driveway could be constructed located 440-feet west of Linder Road, and located to align
or offset a minimum of 150-feet from any existing or proposed driveways on the north side of
Franklin Road (Cafarelli Subdivision -approved in 2000). Lf the applicant chooses to construct a
full access driveway located 315-feet west of Linder Road, then a second driveway could be
constructed located to align or offset a minimum of 150-feet from any existing or proposed
driveways on the north side of Franklin Road (Cafarelli Subdivision -approved in 2000).
F. Graveled driveways abutting public streets create maintenance problems due to gravel being
tracked onto the roadway. Driveways may be constructed a maximum of 35-feet wide. Tn
accordance with past action by the District the applicant should be required to pave the driveways
on Franklin Road their full width and at least 30-feet into the site beyond the edge of pavement
of Franklin Road and install pavement tapers with 15-foot radii abutting the existing roadway
edge. Pave the driveway on Linder Road its full width and at least 30-feet into the site beyond
the edge of pavement of Linder Road with 15-foot curb radii.
G. The applicant should be required to construct a 5-foot wide concrete sidewalk on Franklin Road
abutting the parcel, where there are not currently improvements. Extend the sidewalk from its
existing location and alignment.
H. There are existing curb cuts on Franklin Road. The applicant should be required to replace
unused curb cuts on Franklin Road with standard curb, gutter and concrete sidewalk to match
existing improvements.
I. All existing/proposed irrigation facilities should be relocated outside of the right-of--way on
Linder Road and Franklin Road.
J. All utility relocation costs associated with improving street frontages abutting the site should be
borne by the developer.
K. 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.
L. Based on development patterns in this area and the resulting traffic generation, staff anticipates
that the transportation system will be adequate to accommodate additional traffic generated by
this proposed development with the requirements outlined within this report.
The following requirements are provided as conditions for approval:
MCUPOI-001 l.cmm
Page 5
Site Specific Requirements:
1. Dedicate 45-feet ofright-of--way from the centerline of Linder Road abutting the parcel by
means of recordation of a final subdivision plat or 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 mazket value of the right-of--way dedicated which is an addition
to existing ACHD right-of--way.
2. The existing 36-foot wide driveway on Linder Road located at the south property line,
approximately 220-feet south of the signalized intersection at Franklin Road, is approved with
this application as a right-in/right-ouUleft-in driveway. Construct a traffic island/median on
Linder Road to restrict left-out traffic. The applicant shall coordinate the design and location of
the traffic island/median with District staff.
3. Staff recommends that the applicant either utilize the existing 36-foot wide right-in/right-out
driveway on Franklin Road located. a minimum of 220-feet from the intersection as right-
in/right-out, OR construct a 35-foot wide full access driveway on Franklin Road located a
minimum of 315-feet from the intersection. If the applicant constructs aright-in/right-out
driveway, then the applicant shall install a median in Franklin Road located 50-feet west of the
stop bar at Linder Road, and extending 50-feet west of the western edge of driveway on
Franklin Road.
4. If the applicant chooses to construct aright-in/right-out driveway located 220-feet west of
Linder Road, then a second driveway could be constructed located 440-feet west of Linder
Road, and located to align or offset a minimum of 150-feet from any existing or proposed
driveways on the north side of Franklin Road (Cafazelli Subdivision -approved in 2000). If the
applicant chooses to construct a full access driveway located 315-feet west of Linder Road, then
a second driveway could be constructed located to align or offset a minimum of 150-feet from
any existing or proposed driveways on the north side of Franklin Road (Cafazelli Subdivision -
approved in 2000).
5. Pave the driveways on Franklin Road their full width and at least 30-feet into the site beyond
the edge of pavement of Franklin Road and install pavement tapers with 15-foot radii abutting
the existing roadway edge.
6. Pave the driveway on Linder Road its full width and at least 30-feet into the site beyond the
edge of pavement of Linder Road with 15-foot curb radii.
7. Construct a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel, where there
are not currently improvements. Extend the sidewalk from its existing location and alignment.
8. All existing/proposed irrigation facilities shall be relocated outside of the right-of--way on
Linder Road and Franklin Road.
MCUPOl-001 l.cmm
Page 6
9. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
10. Replace unused curb cuts on Franklin Road with standard curb, gutter and concrete sidewalk to
match existing improvements.
11. Other than the access points specifically approved with this application, direct lot or parcel
access to Linder Road or Franklin Road is prohibited.
Standard Requirements:
A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the ACHD Planning and Development Supervisor. The request
shall specifically identify each requirement to be reconsidered and include a written explanation
of why such a requirement would result in a substantial hardslun or megiuty. The wntten
request shall be submitted to the District no later than 9.00 a m. on the day scheduled for
ACHD Commission action. Those items shall be rescheduled for discussion with the
Commission on the next available meeting agenda.
Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action
do not provide sufficient time for District staff to remove the item from the consent agenda and
report to the Commission regarding the requested modification, variance or waiver. Those
items will be acted on by the Commission unless removed from the agenda by the Commission.
2. After ACHD Commission action, any request for reconsideration of the Commission's action
shall be made in writing to the Planning and Development Supervisor within six days of the
action and shall include a minimum fee of $110.00. The request for reconsideration shall
specifically identify each requirement to be reconsidered and include written documentation of
data that was not available to the Commission at the tune of its onQinal decision. The request
for reconsideration will be heard by the District Commission at the next regular meeting of the
Commission. If the Commission agrees to reconsider the action, the applicant will be notified
of the date and time of the Commission meeting at which the reconsideration will be heard.
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #193, also known as Ada County Highway District Road Impact
Fee Ordinance.
4. 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.
5. 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.
MCUP01-001 l .cmm
Page 7
6. 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.
7. 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 ACRD right-of--way. The applicant shall contact
ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) aze
compromised during any phase of construction.
g. 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.
9. 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 awaiver/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.
Conclusion of Law:
1. 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.
Should you have any questions or comments, please contact the Planning and Development
Division at 387-6170.
Submitted bv: Commission Action:
planning and Development Staff
MCL1P01-0011.cmm
Page S
CENTRAL
~~ DISTRICT
HEALTH
Rezone #
Conditional Use #
Preliminary /Final /Short Plat
MAR 17 7nrl
Clerk
Return to:
^ Boise
^ Eagle
^ Garden City
- Meridian
- ^ Kuna
- ^ ACZ
- ^ Star
^ 1. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning sail conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data conceming the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedmckfrom original grade ^ other
^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
^ S. After written approval from appropriate erdities are submitted, we can approve this proposal for:
^ central sewage ^ community sewage system ^ community waterwell
^ interim sewage ^ central water
^ individual sewage ^ individualwater
^ 9. The following plan{s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ sewa le dW Ines ^ central wa erewage system ^ community water
^ 9 Y~
^ 10. Run-off is not to create a mosquito breeding problem.
^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
13. We will requ' plans be submitted for a plan review for any:
ood establishment ^ swimming pools or spas ^ child care center
^ everage establishment ^ grocery store
^ 14. '/v..~ s~ ~ r ~~+ /cu.~T e-,. ~f - /Jfs6 ~nv~~ Date: ~ l~l~_
~ COId 0 ~ ~~e~~ Reviewed By:
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Divisiorltar,~GENED
Review Sheet
coeos~aoikc
MAYOR
D CORRB's
KEN W. BOWERS
ROBERT
/, DEPllTY CHEF - FIltE PREVENTION
COUNCb MEMBERS JOSEPH SILVA
WbLIAM L.M. NARY -
KELLH$BLD _ DEPCrrY CI-III?F - TRAMING
crcv of _ _ $B,L JOHNSON
TAMMY DE WEERD
CHERIE MCCANDLESS B, 1G2~1GCyZ ~~ ~' sao Fas[Frauklin Road
RvR.at. FmE CGMIvBSSIONERS IDAHO Meridiaq ID 83642
RIOHARD GREENS ~~.~ (208)888-1234
TERAY LEIGHTON ~.r..t,.~ »~v < Fax(208)895-0390
STEVE ELLIOTT _..__'r.6"`-`
MERIDIAN CITY/RURAL FIRE DEPARTMENT a .Y~„u~~,m~ ~ ,,~„~„,,~,,,,,
March 19, 2003
TO: Mayor, City Council and Meridian Planning ~& Zoning Commission
FROM: Joseph Silva, Deputy Chief; Fire Prevention
SUBJECT: Hark's Comer CUP 03-009
MAR 19 2003
City Of Meridian
City Clerk Office
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the
project. Fire hydrarns 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. All roads shall have a turning radius of 28' inside and 48' outside.
4. All access roads within the project shall have a clear driving surface with a
minimum width of 20' available at all times. UFC 902.2.2.1
RECEIVED
RPR-1-2003 06~53R FRON~Sanitary Services. I 208-888-5052
MAYOR
Robert D. Cane
CITY COUNCIL MHMB
Tammy dcWecrd
William 4 M. Nary
Chene McCandless
Keith BvJ
~ /.
i"'~ t
i .~'M.ii '~•W
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~~~ri~lan s• ~~
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2YS. u: .,. ViYl~ ;io~w
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To Insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recominendallons to Meridian City Clerk's Office
Attn: Will Berg, Cny Clerk, Dy: March 27
7ransmntal Date:
File No.: CUP
Request: C
gy. Van Hees
Location of Property or
March
se Permit for
for Hark's Cc
nerties. LLC
David Zaremba, P2 (nr° vary, vac, PP)
Jeny Centers, P2 (nw vaR vac. FP)
Leslie Mathes, P2 Mo vAR vac, FP)
Micnael Rohm. P2 M° vAR vnc, FP)
ltenh Borup, P2 (No VAR. VAC. FP)
Robert Cortie, Mayor
Bill Nary, C)C
Tammy deWeerd, C!C
Kenn Biro, crc
Cherie McCandless, C1C
Water Department
Department
Senhary SBrviCa (NO VAR. VAC, FP)
Building Department
Fire Department
Pollee Department
City Attorney
City Engineer
Cny Planner
pants Department
Hearing Date:
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12081888.4e3J • Fez (208) 887.4813 • Ciry Clerk Ot'tice Fu (208) 888.0218 Human Resoun:es Foe (208> 88a-8723
208-888-5052 PAGE.01
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HUB OF 7RF.A.SURE VALLEY
~,fAypg A Good Place to Live LEGAL DEPARTMENT
(208) 466-9272• Fas 466-4405
Robert D. Come CITY OF MERIDIAN
PUBLIC WORKS
CrrY COUNCIL MEMBERS 33 EAST IDAHO BUILDINGDEPARTMENT
(208) 887-2211 ~ Fas 587-1297
Keith Bird
Tawny deWeera MERIDIAN, IDAHO 83642
PLANNING AND ZONING
Cherie McCandless. (208) 888-4433 ~ FAX (208) 8874813 DEPARTMENT
City Clerk Office Fas (208) 886-4218 (20S) 884-5533 • FAX 888-6854
MEMORANDUM: Apri13, 2003
To: Mayor, City Council and Planning & Zoning Commission RECEIVED
~~ MAR 31 2003
From: Wendy Kirkpatrick, Planner II
Bruce Freckleton, Engineering Tech III ~ Ci yClerk Office
Re: Request for a Conditional Use Permit to develop acommercial /retail property (File
No. CUP-03-009)
We have reviewed this submittal and offer the following comments, as conditions of the applicant.
These conditions shall be considered in fold, unless ezpressdy modified or deleted by motion of the
Meridian City Council:
APPLICATION SL~MARY & BACKGROUND
The applicant is requesting a Conditional Use Permit (CUP) for a Planned Developmerrt consisting of
three new commercial buildings (two retad/servlce buildings and one drive-through restaurant) on
1.38 acres of land located at the southwest comer of Linder Road and Franklin Road.
The three (3) proposed buildings will add approximately 10,250 sgoved ` H k's Comer" Planned
commercial/restaurint uses to the west side of the previously app
Development (file No. CUP-Ol-0I1). The first phase of Hark's Comer is made up of an Artic
Circle restaurant, a Shell service station, a coffee kiosk and carwash.
LOCATION & SURROUNDING USES
The subject property is located at the southwest corner of West Franklin Road and Linder Road.
The following uses surround the subject property:
North - Franklin Road borders the subject property to the north, an industrial park zoned IL is north
of Franklin Road.
South - ]tesiderrtial developmern (a single family dwelling) borders to the subject property to the
south, zoned Rl (Ada County.)
East -Commercial, zoned C-N.
Rest -Single-family dwelling, zoned RUT (Ada County)
STAND RDS 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
iia<k~sc~t,~.cuP
CUPA3O09
Planning & Zoning Comnvssion/Mayor & City Council
Apri13, 2003
Page 2
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;
A revised landscaping plan must be submitted showing the existing landscaping buffer at the
northern edge of the subject property. The landscape buffers on the southern and eastern
edges of the subject property do not meet the dimensional requirements of the MCC. The
landscape buffer on the southern edge of the property must be 25' in width. The landscape
buffer on the western edge of the subject property also must be 25' in width. The previously
approved CUP for the first phase of Hark's Comer allowed for the construction of a 8' wall
along the southern edge of the subject properly and a reduced landscaping buffer. The
applicant must either submit a revised site plan showing the required landscape buffers and
additional trees or apply for a Variance from the landscaping standards when the application
goes to City Council.
The applicant has submitted a site plan that shows 56 parking spaces. MCC's parking
regulations require that one parking space per 200 square feet of gross floor azea is provided
off-street within 300' of the development. The 56 required parking places exceed the
required 52 spaces.
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 City of Meridian's Comprehensive Plan shows the subject property as "Commercial."
Commercial /retail development requires a CUP in the C-C zone according to the Zoning
Schedule of Use Control. Stafffinds the proposed use and plan to be in Compliance with the
Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions of
approval within the staff report aze met.
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;
5tafffmds that the proposed development will not adversely change the essential character of
the general vicinity and will be harmonious with the intended character of the same area.
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 Council and Commission should rely upon public testimony to determine if the
development will adversely affect the other properties in the vicinity.
Hark's Comer .CUP
CUP-03-009
Planning & Zoning Commission/Mayor & City Council
Apri13, 2003
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 can 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 wdl not involve activities or processes, materials, equipment, and
conditiogs 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;
The proposed use will not substantially increase traffic. Staff does not anticipate that the
proposed use will be detrimental to the general welfare of the community by means of
increased traffic, noise, smoke fumes, glare or odors generated by the use.
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 traffic on the
surrounding public streets. The applicant has not proposed any new curb cuts onto existing
streets. The access off of Franklin Road that will be used by the proposed development was
approved in the original CUP application for Hazk's Comer.
I. That the proposed use will not result in the destruction, loss or damage of a natural,
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 CONSIDERATIONS
The following items aze special issues with the project that warrant discussion with the Commission
and/or Council. They are not conditions of approval, unless so moved by the Commission or Council.
1. Landscaaine: A revised landscaping plan must be submitted showing the existing landscaping
CUP-03-009 Hark's Comer .CUP
Planning & Zoning Commission/Mayor & City Council
Apri13, 2003
Page 4
buffer at the northern edge ofthe subject property. The landscape buffers on the southern and eastern
edges of the subject property do not meet the dimensional requirements of the MCC. The landscape
buffer on the southern edge of the property must be 25' in width. An additional tree also needs to be
added to the landscaping buffer on the southern edge of the property. The landscape buffer on the
western edge of the subject property also must be 25' in width. An additional tree needs to be added
to the landscaping buffer on the western edge of the property. The previously approved CUP for the
first phase of Hark's Corner allowed for the construction of an 8' wall along the southern edge ofthe
subject property and a reduced landscaping buffer. The applicant must either submit a revised site
plan showing the required landscape buffers and additional trees or apply for a Variance from the
landscaping standards when the application goes to City Council.
2. Fencin : The previously approved CUP for the first phase of Hark's Comer allowed for the
construction of an 8' wall along the southern edge of the subject property and a reduced landscaping
buffer.
3: Sienage: Applicant will be required to apply for signage through a Planned Sign Plan.
SITE SPECIFIC REOUIItEMENTS
Landscanin¢: A revised landscaping plan must be submitted showing the existing landscaping
buffer at the northern edge of the subject property. The landscape buffers on the southern
and eastern edges of the subject property do not meet the dimensional requirements of the
MCC. Additional trees need to be added to the landscaping buffers on the southern and
western edges of the subject property. The applicant must either submit a revised site plan
showing the required landscape buffers or apply for a Variance from the landscaping
standards when the application goes to City Council.
2. Setbacks: The proposed structure is subject to all required setbacks of the C-C zone. The
submitted site plan appears to meet all of the required setbacks, notwithstanding the required
landscape buffers.
Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and
water systems. Water and sewer assessments shall be paid with the issuance of building
permits.
STANDARD REOUIItEMENTS
Existing trees shall be protected and retained in accordance with Meridian City Code 12-13-
13.
2. Off-street parking shall be provided in accordance with the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements. All parking and
areas of circulation shall be improved with a hard surface in accordance with Meridian City
x~•s cone .cur
CUP-03.009
Planning & Zoning CommissionlMayor & City Council
Apri13, 2003
Page 5
Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan
and Ordinance I1-13-4.F.
All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act.
4. 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 pazking azeas. All
drainage water is to be maintained on-site. Storm water treatment and disposal must be
designed in accordance withDepartment 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.
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 orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11-
13-4.C.
6, All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance or as specifically approved. All signage is subject to
design review and shall require separate permits.
7. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance.
8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations
and construction requirements with Sanitary Service Company and provide a letter of
approval from their office when applying for a Certificate of Zoning Compliance (CZC).
9. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City Council.
During this time, the permit holder must acquire building permits and commence the
construction of permanent footings or structures. Time extensions are allowed per the
ordinance.
RECOMMENDATION
Staff recommends approval of the project with the conditions stated in this staff report and upon
satisfactory resolution of the issues mentioned.
CUP-03-009 (lark s ~~'~
~CE~D
CITY OF MERIDIAN APR - 3 2003
PUBLIC HEARING CITY OFNI~~Hi~1~ir~v
SIGN-UP SHEET
DATE April 3, 2003 ITEM # 13
PROJECT NUMBER CUP 03-009
PROJECT NAME Hark's Corner
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL
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