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HomeMy WebLinkAboutCherry Crossing cupRECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT TO MODIFY OPERATIONAL HOURS & CHANGE BUILDING PLACEMENT FROM THE ORIGINAL CUP BY HAWKINS COMPANIES – CUP-03-013 - Page 1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO MODIFY OPERATIONAL HOURS & CHANGE BUILDING PLACEMENT FROM ORIGINAL APPROVED CUP HAWKINS COMPANIES , Applicant ) ) ) ) ) ) Case No. CUP-03-013 RECOMMENDATION TO CITY COUNCIL 1. The property is located on the north-west corner of Cherry Lane & Linder Road, Meridian. 2. The owner of record of the subject property is Boise Surplus 2002 LLC, 8645 W. Franklin Road, Boise, Idaho 83709. 3. Applicant is Hawkins Companies, 8645 W. Franklin Road, Boise, Idaho 83709. 4. The subject property is currently zoned C-N (Neighborhood Business District). 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 to modify operational hours & change building placement from original approved Conditional Use Permit in a C-N zone. 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 will, in fact, constitute a conditional use as determined by City policy. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT TO MODIFY OPERATIONAL HOURS & CHANGE BUILDING PLACEMENT FROM THE ORIGINAL CUP BY HAWKINS COMPANIES – CUP-03-013 - Page 2 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. Future drive-thru is not approved by the Planning and Zoning Commission. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Applicant shall meet all of the requirements of the previously approved Non- Development Agreement, Final Plat and Conditional Use Permit, unless modified below, as a condition of the revised approval for this Planned Development. 2. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 3. The applicant shall submit a cross-parking/cross-access agreement for the project. Submit a copy of the recorded agreement to the Planning and Zoning Dept. prior to issuance of the first occupancy. 4. The future drive-thru shall be redesigned to avoid conflict with oncoming traffic at the westernmost entrance to the project. (Planning and Zoning Commission voted to not approve the future drive drive-thru.) 5. Hours of Operation shall be as follows: Pharmacy/Retail: 24 hours/day, 7 days/week Fast food restaurant: Sunday—Thursday, 8:00 AM to 11:00 PM Friday—Saturday, 8:00 AM to 1:00 AM Retail and Office/Retail: Monday—Thursday, 8:00 AM to 10:00 PM Friday—Saturday, 8:00 AM to 12:00 AM Sunday, 9:00 AM to 9:00 PM 6. Landscaping is approved as submitted, with the addition of four planters in the parking lot as follows: (1) at the northeast corner and (2) southwest corner of the RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT TO MODIFY OPERATIONAL HOURS & CHANGE BUILDING PLACEMENT FROM THE ORIGINAL CUP BY HAWKINS COMPANIES – CUP-03-013 - Page 3 pharmacy/retail building (B), (3) near the entrance to the fast food restaurant, and (4) at the south end of the four stalls along the west property line. 7. All development shall comply with the Americans with Disabilities Act. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400’ apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28’ inside and 48’ outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20’. UFC 902.2.1 7. The proposed project will have an undetermined transient population. Based on historical run analysis the Meridian Fire Department will respond to one call for service for every 24 people in the service area. This will generate an undetermined number of calls for service at build out. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this is up from 2069 responses in the year 2000. D. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. If storm drainage will not be retained on site, a Land Use Change/Site application is required to be filed with Nampa & Meridian Irrigation District. E. Adopt the Recommendations of ACHD as follows: The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT TO MODIFY OPERATIONAL HOURS & CHANGE BUILDING PLACEMENT FROM THE ORIGINAL CUP BY HAWKINS COMPANIES – CUP-03-013 - Page 4 Site Specific Requirements: 1. Dedicate 48-feet of right-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 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 Section 15 of ACHD Ordinance #193. 2. 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. 3. Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewalk to match existing improvements. 4. Replace any damaged curb, gutter and/or sidewalk on Cherry Lane and Linder Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 5. Construct a right-in/right-out driveway on Cherry Lane located approximately 220-feet west of Linder Road, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 6. Construct a full access driveway on Cherry Lane located approximately 470-feet west of Linder Road, as proposed. 7. Construct a right-in/right-out driveway on Linder Road located approximately 285-feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 8. The Emerald Falls Drive/Linder Road intersection located 485-feet north of Cherry Lane is approved with this application. 9. Construct a center turn lane on Linder Road for the Linder Road/Emerald Falls Drive intersection. Construct the turn lane to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT TO MODIFY OPERATIONAL HOURS & CHANGE BUILDING PLACEMENT FROM THE ORIGINAL CUP BY HAWKINS COMPANIES – CUP-03-013 - Page 5 10. The driveway on Emerald Falls Drive located approximately 150-feet west of Linder Road is approved with this application. 11. Pave the driveways their full width of 30 to 35-feet in width and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and Linder Road with 15-foot curb radii. The width of the right-in/right-out driveways can be wider to accommodate the on-site median. 12. Provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. 13. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not a requirement – applicant proposing; and may eliminate.) 14. Extend Emerald Falls Drive into the site at the west property line as proposed. 15. Extend Emerald Falls Court into the site at the north property line and end it in a cul-de-sac as proposed. 16. Construct an ACHD approved turnaround at the end of Emerald Falls Drive. Submit a design of the turnaround for review and approval by District staff. 17. Construct a portion of Emerald Falls Drive as a local/commercial street extending from Linder Road to the west approximately 150-feet. The remainder of the roadway to the west shall taper into a standard local 36-foot street section with curb, gutter and 5- foot wide concrete sidewalk. 18. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 19. Construct the turnarounds to provide a minimum turning radius of 45-feet. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 20. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT TO MODIFY OPERATIONAL HOURS & CHANGE BUILDING PLACEMENT FROM THE ORIGINAL CUP BY HAWKINS COMPANIES – CUP-03-013 - Page 6 21. Provide 100-feet of stacking distance from any drive-thru windows to the public roadway system. 22. Any existing irrigation facilities shall be relocated outside of the right-of-way. 23. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 24. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. Standard Requirements: 1. 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 hardship or inequity. The written 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 time of its original 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 RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT TO MODIFY OPERATIONAL HOURS & CHANGE BUILDING PLACEMENT FROM THE ORIGINAL CUP BY HAWKINS COMPANIES – CUP-03-013 - Page 7 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. 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 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. 8. 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 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.