Loading...
HomeMy WebLinkAboutLibrary The CUP 03-016Apri! 28, 2003 CUP 03-016 MERIDIAN PLANNING 8, ZONING MEETING May 1, 2003 APPLICANT Craig Rittenhouse ITEM NO. ~ 4 REQUEST Public Hearing -Request for a Conditional Use Permit for a craft store and coffeehouse in an O-T zone for The Library - 141 East Carlton 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: ee atFachpedJ Contacted: N ~1u~(~ '!l (I COMMENTS See attached Staff Comments See attached Comments See attached Comments See attached Comments See attached Comments See attached Comments of ~.~C~wvr~nv~c~ J h-l Phone: ~ ~ " ~J "t. presented at public meeFinga shall became property of the City of Meridian. /RPR-25-2003 12:10P FROM:Sanitary Services. I208-866-5052 1 MA R -' . RObar ~e CRY OP ~~' CITY COUNC t;RS 1 Tammy deweerd eri~z~-n William L M. N IDAI(O d1T a CherieMcCaadless ,, -_. TO: Meridian Clerk P: H~14 LFAAL DEPARTMENT ROB) 288.2A99.1-va 288.2301 PARRS ,$ RECREATION ROB 888.3J79 • Pu 698-3301 PUBLIC WORKS (108)898.3300 •ftvc887-1297 bUB-UBVG DEPARTMENT ROB) 887.2211 • Fan 887.1297 KrilhSint ~"-'~' ]irnx~d~^~ lad PLANNING ANDZONWC (268)SSa-3533• Foz 883-6554 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS 1MTH THE CITY OF MERIDIAN To insure that your comments and recommendations wiG be considered by the Meridian Planning and Zoning Commission, please submh your comments and recommendations to Meridian Cily Clerk's Office Attn: UUIII Bete, City Clerk, hy: Transmittal Date: March File No.: CUP 03-016 ReglFest: Conditional Use ey: Cralg Rittenhou Location of Property or Project: 200.1 Hearing Date: May 1, 2003 ~rmit far a craft store and coffeehouse in an O-T zone for 141 East Carlton David Zaremba, P2 (iVo vAR, vac, pP) Jerry Centers, PIZ (No VAR, VAC, FP) Leelle Mathes, P!Z (nw vaR vac FP) Michael Rohm, P!Z (No vAR, VAC, FPJ Keith Botup, P2 Me vAR vac, r~ Robert Cortie, Mayor Bill Nary, C/C Tammy tleW9etd, C/C Keith Bird, C/C Cherie McCandless, C!C Sanitary ServrCe (No VAR, VAC, FP1 Building Department Fire pepertment Police Deparment w ter Department ewer Department Meritlian School Distria (No r-P) Meridian Post Office (FP,ppauy! Ada County Highway District Ada County Development Services Central DlstAct Health Nampa Meridian Imp. District Settlers IrAgatlon DlsMCt Itlaho Power Co. (FP/PP onry) U.S. tNeSl (FPiPPOny) Intermountain Gas (FPiPP Qtly) Bureau of Reclamation (FPiPP4nry) Idaho TrensportaGon DepeAmem (No FP) Ada County (Anrrexetlon oMy) Ada County Land Records (FPoPp onN) Meridian Development Corporation Historical Preservation Commission City Attorney Your Concise Remarks: City Engineer City Planner ~ Gas ~ o Parks Department ~y RECEIVED ,~.~,T2 WCLOSt1~•~~ APR 2 8 2003 ~~C+!i;,t~y,,rOtf~Meridian 3•!'~S`r~l7~IDlAN, IDAHO 83642 (208) 688.4433 • Fez (208) 887-4813 • City L7eslc Office Fox (209) 839-4219 • Humlln Rcsourca Fax (208) 88a-8?23 RPR 25 '03 13:20 208-886-5052 PRGE.06 HUB OF TREASURE VALLEY MAYOR A Good Place ro Live LEGAL DEPARTMENT Robe¢ D Come (208) 466-9272• Faa 466-4405 . CITY OF MERIDIAN PUBLIC WORKS CCI'Y COUNCIL MEMBERS Keia. Biza 3 3 EAST IDAHO BUILDING nEPARTMENr (208) 887-2211 Fas 887-1297 Tay ~~'~ MERIDIAN, IDAHO 83642 Cherie McCandless (208) 88&4433 ~ FAX (208) 887-4813 PLANNING AND ZONING City Cleat Office Faa (208) 888-4218 DEPARTMENT (208) 8845533 ~ FAX 888-6854 MEMORANDUM: Hearing Date: M~1ay 1, 2003y~ ~1 To: Mayor, City Council and Planning & Zoning Commission RLCEl V J.'JD From: Bruce Freckleton, Assistant to City Engineer Wendy Kirkpatrick, Planner II r. ~~ APR 2 5 2003 Re: The "Libra W City Of Meridian ry City Clerk Office • Request for Conditional Use Permit for the expansion of an existing Conditional Use Permit for a craft store and espresso shop located at 141 E. Carlton Ave. in the O-T zone, by Craig Rittenhouse (Fr1e No.CUP-03-016). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA N S & KGRO The applicam, Craig Rittenhouse, has requested approval of a conditional use permit for the expansion of an existing conditional use permit for a craft store and espresso shop. The original Conditional Use Permit was issued in 1996 to the former property owner and the applicant intends to continue the use ofthe property as a coffee shop and craft store, in addition to expanding the existing building. The applicant is required to apply for a new Conditional Use Permit because the applicant is proposing to expand the existing building and accompanying Conditional Use Permit (MCC 11-4- 9B). LOCATION & SURROUNDING USES The subject property is located at 141 E. Carlton, across the street from the old Meridian High School. The following uses surround the subject property: North - E. Carlton Avenue is located directly north of the subject property. The old Meridian High School is located north of E. Carleton Ave. South -An alley is located immediately south of the subject property. An antique store is located south of the alley. East -Second Street is located directly east of the subject property. West -The Chapel of the Chimes is located west of the subject property. Planning & Zoning Commission/Mayor & City Council May 1, 2003 Page 2 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 and planned development 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 finds that the site is not large enough to accommodate the required landscaping, yazds and other features required by the Zoning Ordinance, but the applicant has proposed a parking agreement which will allow customers of the Library to use the Chapel of the Chimes Parking lot. The MCC (12-13-5) requires 1 parking space for each 200 square feet of retail floor area. The proposed building (including the addition) will be 2,739 sq. ft. in size. Based on the square footage of the building 14 spaces are required. The applicant's site plan includes only 4 on site parking spaces. The applicant is proposing a parking agreement which would allow customers of the coffeehouse to use the parking lot at the Chapel of the Chimes. The handicap parking space provided on the site plan is van accessible per ADA requirements. The proposed landscaping plan does not meet the standards of the MCC. However, staff finds that the proposed project meets the conditions required to request Alternative Compliance found in Section 12-13-18-2 of the MCC. The existing structure on the property and the locations of the existing sidewalks make it prohibitively difficult for the applicant to meet the required landscape buffers for the subject property. In order to meet the required landscape buffer minimums the applicant would have to relocate the existing building and sidewalks. Given the constraints of the property staff finds that the applicant is eligible to request Alternative Compliance for landscaping. 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 Comprehensive Plan Land Use Map) designates the property as "Old Town". Stafffinds the proposed use is harmonious with the Comprehensive Plan. Staff finds fiuther that the proposed use is in compliance with the Meridian City Code. 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 ..r ~~........«~ ......... Planning & Zoning Commission/Mayor & City Council May 1, 2003 Page 3 Stafffinds that the proposed use will be compatible with the other commercial uses found in the general vicinity of the subject property The Council and Commission should consider public testimony when determining if the proposed use will change the essential character of the 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; Staff does not anticipate that the proposed uses will have an adverse affect on the other property in the vicinity due to the existing traffic conditions in the subject area and the potential for the proposed application to add to existing traffic problems The Council and Commission should rely upon public testimony to determine if the development will adversely affect the other properties in the vicinity. 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; Stafffinds that the proposed use would not create additional requirements at public cost for public facilities and service and will not be detrimemal to the economic welfare of the community. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that wiR be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff anticipates that the proposed use will not be detrimental to any persons, property, or the general welfare. 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; Planning & Zoning Commission/Mayor & City Council May 1, 2003 Page 4 Staff finds that the proposed use will not create irnerference with traffic on the surrounding public streets I. That the proposed use will not result io the destruetioo, loss or damage of a natural, scenic or historic feature considered to be of major importance. Stafffinds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. SITE SPECIFIC REQUIREMENTS 1. All parking and areas of circulation shall be improved with a hazd surface in accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 2. Obtain a shared parking agreement with to allow patrons of the Library to use the Chapel of the Chimes pazking lot. A copy of the parking agreemern shall be submitted to the City Clerks office at least ten prior to the next public hearing for this project. If a parking agreement cannot be obtained for the use of the Chapel of the Chimes parking lot the applicant will be required to apply for a variance from MCC 11-13. If a variance cannot be obtained the project will need to be revised to comply with City parking requvements. 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- 13-4C. 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 sepazate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvemerns shall conform to the requirements of the Americans with Disabilities Act. 6. 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 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 ___.__.__9_t_ c__ C.1[.__ _tl ._______.__ _._._IL _d _.__ -'.1_ .1__ v_t_ r~_.__1.___._. _r ,ri_._._ Planning & Zoning Commission/Mayor & City Council May 1, 2003 Page 5 Resources regarding Shallow Injection Wells. Trash: The trash enclosure shall be enclosed on at ]east 3 sides by a solid wall or sight obscuring fence at least fow feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 8. 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 requved 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. 9. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 10. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing existing and proposed utility mains and service connection. 11. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. RECOMMENDATION Staff recommends approval of the proposed project. MAYOR CHBiF ROBERT D. CORRffi KEN W. BOWERS COUNCIL MEMBERS f DEPUTY CHIEF - FIRE PREVENTION WILLIAM L.M. NARY ~ JOSEPH SILVA KEITHBBiD TAMMY DE WEERD CHERIE MCCANDLESS ~ ' ~~ <<"~'~"~ ~-- ~ ~~'"~ e~~1 ~~ DEPUTY CHIEP-TRAINING BILL JOHNSON R[mAL FBtE COMMISSIONERS ~ 540 East Franklin Road RICHARD GREENE ~. ILIAfiU ~~ ~` ~' ~ - Meridian, ID 83642 TERRY LEIGHTON c , ~~ '" (208) 888.1234 STEVE ELUOTT -~~ "?:r~,~u~~. ±'-~-% ~~ ~a~ ~ Pax (208) 895-0390 MERIDIAN CITY/RURAL FIRE DEPARTMENT April 18, 2003 RECEIVED APR 2 2 2003 City Of Meridian City Clerk Office T0: Mayor, City Council & Meridian Planning & Zoning Commission FROM: Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: The Library CUP 03-016 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: Address posted in 6" numbers on the front of the building. 2. Provide afire-flow consistent with Appendix III-A of the 1997 Uniform Fire Code. Meet the requirements of the 1997 Uniform Fire Code: g,ECE~TEI) aP~ 2 2 zoos City of Meridian City Clerk Office ~ ~ %~ ' ~vtiyatia~ ~i~.t~ii,rt 1503 FIRST STREET SOUTH NAMPA, IDAHO 63651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: CUP 03-016 Conditional Use Permit for The Library Dear Will: Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed. All Storm Drainage must be retained on site. All Laterals and Wasteways must be protected. The Developer must comply with Idaho Code 31-3805. Thank You, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BI-Uma1 Ce: File -Shop File -Office Water Superintendent APPROAIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 April 15, 2003 RECEIVED APB Z 2 ?fn3 City of Meridian City Clerk Ofrce COPY ~ .. ~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Mike Fairchild 3738 E. Judicial Drive Meridian, ID 83642 - -- - - RE: Land Use Change Application -The Cibrarv Dear Mr. Fairchild: Phones: Area Code 206 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 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 DI5TRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Craig Rittenhouse, 597 N. Liberty Street, Boise, ID 83704 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Affadavit of Posting of Public Hearing Notice for `The Library' Project I, Craig Rittenhouse, 597 N Liberty St, Boise Idaho 83704, being first duly sworn upon oath, depose and say: I have posted the property located at 141 E Carlton with a public heazing notice for the Project known as `The Library'. The property was posted on 18 April 2003. Dated this 18th day of April, 2003 1-(' /lYt Subscribed and Sworn to before me the day and year first above written. . wAtd .9~, o Public for Idaho ~ ~UTARp t ~* ~~~ _*: Residing at Ado.. Ct~un-I-~ %~~ ~~~°USV~~~; ~ • ~T ......~•' ,Z, ~.•' My Commission Expires: I I -14 - o~ 'ogTE OF 19P•~. RECEIVED APR 2 1 2003 City Of Meridian City Clerk Office ~~L f~sF~~ """~~"" Ada County Highway District R. Huber, President 318 East s7fh Stmt 'usanti'. tasdaKe, 1st Vice Presitlent Garden City ID 83714-6499 Dave Bivens, 2nd Vice President Phone (208) 387-6100 John S. Frenden, Commissioner FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellus~ACHD.ada.id.us April 7, 2003 RECEIVED TO: ,Craig Rittenhouse 597 N. Liberty Street APR 1 1 2003 Boise, Idaho 83704 SUBJECT: MCUP03-016 City of Meridian City Clerk Office Craft store & coffee house 141 East Carlton Street In response to your request for comment, the Ada County Highway District (ACRD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that the Right-of- Wayand Development Services Department does not have any site-specific requirements for you at this time. • Roadway improvements currently exist adjacent to the site If the site plan or use should change in the future, ACRD will review the site plan and may require improvements to the transportation system at that time. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACRD. In addition to any costs associated with a permit or license agreement, a roadway impact fee will be assessed by ACRD and will be due prior to the issuance of a building permit. In accordance with ACHD's standard requirements, the applicant shall: • Meet District drainage requirements, • Replace or repair any damaged curb, gutter and sidewalk (as determined by Construction Services), • Bear all costs for the relocation of utilities associated with improving street frontages, • Contact the District's Utility Coordinator or Construction Services Department in regard to all utility street cuts to determine if the pavement is less than five years old. These provisions are in accordance with the Ada County Highway District Policy Manual, ISPWC Standards, Construction Services policies and procedures as well as all applicable ACRD Ordinances. If you should have any questions in regard to the standard requirements please feel free to contact out Construction Services Department at 387-6280 or our Drainage Department at 387-6250 (with file number) for details. If you have any questions, please feel free to contact the Right-of-Way and Development Services Department at (208) 387-6170. Sincerely, Development Analyst Right-of-way & Development Services Planning Division Cc: Planning & Development/ChroNProject File Planning & Development Services: City of Meridian Construction Services Mike Fairchild 3738 E. Judicial Drive Meridian, Idaho 83642 O 0 M ~, II ~ ~ .Q ~ ~~ J ~ s ..~ ~ •- c .v .,~ !L ~ ~~[7 ~' ~~ ~ ~- ~~ 1S PEE 3 1S PuZ 3 :: a ~ w W 3S uiew pa usipuaW N .. d m LL 0 0 0 0 N P 0 0 0 0 m 0 M 0 0 M r-rte-~~ CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT HEALTH Environmental Health Division DEPARTMENT RECEIVED Rezone # Conditional Use # Preliminary /Final /Short Plat I he Lt b rr~ru City Clerk Office Return ta: ^ Boise ^ Eagle ^ rtlen City leridian ^ 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 soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedmckfmm 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 wateravailability. ^ 8: After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community waterwell ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ communitysewagesystem ^ communitywater ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ i1. This Departmenrt 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 require plans be submitted for a plan review for any: f od establishment ^ swimming pools orspas ^ child care center 6everageestablishment ^ grocerystore ^ 14. Date: / Reviewed By: ~oHO~o„~ Review Sheet CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE May 1, 2003 ITEM # 14 PROJECT NUMBER PROJECT NAME CUP 03-016 The Libra / Craig Rittenhouse NAME (PLEASE PRINT) FOR AGAINST NEUTRAL ~r