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HomeMy WebLinkAboutCoffee Kiosk CUPRECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A TEMPORARY DRIVE-THRU COFFEE KIOSK IN AN L-O ZONE, BY DONN REISWIG – CUP-03-030 – Page 1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A TEMPORARY DRIVE-THRU COFFEE KIOSK IN AN L-O ZONE Donn Reiswig , Applicant ) ) ) ) ) ) Case No. CUP-03-030 RECOMMENDATION TO CITY COUNCIL 1. The property is located on the south of Franklin Road and east of Eagle Road on the Meadow Lake Village property, Meridian. 2. The owner of record of the subject property is Touchmark of the Treasure Valley, LLC., and they have given their consent for the applicant to submit the requested conditional use permit. 3. Applicant is Donn Reiswig. 4. The subject property is currently zoned L-O. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The Applicant requests the Conditional Use Permit for a temporary drive-thru coffee kiosk. The Zoning Schedule of Use Control shows that all drive thru facilities require a Conditional Use Permit in the L-O zone (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, which designates the property as Mixed Use-Community. 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 FOR A TEMPORARY DRIVE-THRU COFFEE KIOSK IN AN L-O ZONE, BY DONN REISWIG – CUP-03-030 – 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 Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. The temporary use shall be granted for 12 months, with a possible 12-month extension. To obtain the 12-month extension, the applicant must submit a written request to the Planning & Zoning Department. If any complaints are received for the coffee kiosk project prior to submittal of the extension request, a public hearing will be required with the Planning & Zoning Commission; otherwise the P&Z staff may approve the extension. 2. No freestanding signs are requested for the temporary kiosk and none are approved. Only on-building signage will be allowed in compliance with L-O zone standards. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 3. At least two parking spaces, 9’ by 19’, shall be provided for employee parking. All parking and vehicular use areas associated with the proposed use shall be paved in accordance with City policy. Parking stall dimensions shall conform to Ordinance 12-13- 4.F. 4. A buffer between land uses shall be provided in compliance with Ordinance 12-13-12 along the west property line for the extent of the temporary use. 5. A landscaped street buffer is required along Franklin Road, in conformance with Ordinance 12-13-10, for the extent of the temporary use. 6. Any exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A TEMPORARY DRIVE-THRU COFFEE KIOSK IN AN L-O ZONE, BY DONN REISWIG – CUP-03-030 – Page 3 and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Post the address in 4” numbers on the front of the building facing the street. 2. Provide a 2A10BC fire extinguisher mounted 3’ to 5’ off of the finished floor. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. 3. All laterals and waste ways must be protected. The Snyder Lateral coursed through the property. The recorded easement for the lateral is forty feet, twenty feet each side from center. The easement must be protected and any encroachment without a signed license agreement and approved plan, before any construction is started, is unacceptable. D. Adopt the Recommendations of the Sanitary Services Company as follows: 1. Further review for waste service access needs to be considered [as part of the CZC process]. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A TEMPORARY DRIVE-THRU COFFEE KIOSK IN AN L-O ZONE, BY DONN REISWIG – CUP-03-030 – Page 4 E. Adopt the Recommendations of Central District Health Department as follows: 1. We will require plans be submitted for a plan review for any beverage establishment. F. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Construct a minimum 5-foot wide concrete sidewalk along Franklin Road, located a minimum of 53-feet from the centerline of the right-of-way, in an easement provided to the District or provide a road trust deposit in the amount of $6,800.00 to be used for future sidewalk construction along the applicant’s property. 2. Construct a 23-foot wide driveway that intersects Franklin Road approximately 50-feet east of the west property line and aligns with Gaudians Avenue, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3. Provide a minimum of 150-feet of stacking distance (measured from the existing edge of pavement to the drive-thru window. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A TEMPORARY DRIVE-THRU COFFEE KIOSK IN AN L-O ZONE, BY DONN REISWIG – CUP-03-030 – Page 5 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. a. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking