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HomeMy WebLinkAboutMoxie Java CUP HUB OF T E Mayor ROBERT D. CORRIE R ASURE VALLEY LEGAL DEPARTMENT A Good Place to Live Council Members (20A) 884-1264 CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887 22I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-48~3' ECiE' NFj~L NNING AND ZONING KEITH BIRD ~ j, DEPARTMENT MAY 0 5 1999 (708> 884_s,3~ City of Meridian City Cierk Office TRANSMITTAL 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 1, 1999 _ TRANSMITTAL DATE: MAY 4, 1999 HEARING DATE: JUNE 8, 1999 FILE NUMBER: CUP-99-015 REQUEST: CONDITIONAL USE PERMIT FOR ADRIVE-THRU WINDOW FOR MOXIE JAVA BY: AVII L.L.C. LOCATION OF PROPERTY OR PROJECT: 1800 N. LOCUST GROVE RD. _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITV ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE • ~ NOTICE OF HEARING NOTICE iS HEREBY GIVEN pursuant to the OrdinancesK"of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hatl, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on August 17, 1999 for the purpose of reviewing and considering the application of AVII LLC for conditions( use permit for adrive-thru for a commercial building {Moxie Java), which is located at 1800 N. Locust Grove Rd . A more particular description of the above propeKy is on file in the City Clerk's office at Meridian City Mall, 33 East Idaho Street, and is available~for inspeckion during regular business hours. A copy of the application is available upon request. Any and aN interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 26~' day of July, 1999. ANGEL IMS, DEPUTY CITY CLERK PUBLISH, July 2$ and August 11, 1999. l*ki~~~li~titi~#ii#lilttt`~~~~ `f~~fr Y~ ~' '~ d~.a W ~~~~Sj w +w = 9 ~ e9 R ~~ 0 w 0 0 as 0 0 0 0 C rn -v <' _~ no zo Z ~r ~O ~n C 70 0 C rn ~o v O ~: f~ •. a. ..... ... ... .. v. .. *h. ,.W ....n ~aWY•'~ h. NOTICE OF HEARING ~. NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian ~, and the~Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,. Meridian, Idaho, at the hour of 7:00 p.m. on June 8, 1999 for the purpose of reviewing and considering the application of AVIt LLC for conditional use permit for adrive-thru for a commercial building (Moxie Java), which is located at 1800 N. Locust Grove Rd . A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 17th day of May, 1999. PUBLISH, May 19 & June 2, 1999 WILLIAM G. BERG, JR. I CLERK <~~sirk~4etJt~ptJgr -~ w _ ~ _~ q~~ .` JJJJJryfi89 45141~~~ ** TX CONFIRM~N REPORT ** AS OF MAY 1? ~ 15 ~ 41 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 08 05/1? 15 41 208 888 1097 MODE MIN/SEC PGS CMD~ STATUS EC--S 00'30" 001 183 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on June 8, 1999 for the purpose of reviewing and. considering the application of AVII LLC for conditional use permit for adrive-thru for a commercial building (Moxie Java), which is located at 1800 N. Locust Grove Rd . A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 171h day of May, 1999. WILLIAM G. BERG, JR. I CLERK ,`IL/IIII-1fTlifllll~p PUBLISH, May 19 81 June 2, 1999. ````~~~,t ~ '''~.,~~~ c $~.~ y %, ~q ~ ~: Y ~~ ~~ '''`~Afl/hl/11i9111N11t\\ ` tti ~...t. "• HUB OF TREASURE VALLEY ,;,. LEGAL DEPARTMENT Mayor A Good Place to Live (208) 884-4264 ROBERT D. CORRIE CITY OF MERIDIAN PUBLIC WORKS Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 MERIDIAN, IDAHO 83642 GLENN BENTLEY Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COM OF 1VIERID AN ELOPMENT PROJECTS WITH THE CITY To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 1 1999 TRANSMITTAL DATE: MAY 4 1999 HEARING DATE: JUNE 8 1999 FILE NUMBER: CUP-99-015- _ --__,.^ REQUEST: CONDITIONAL USE PEKmi ~ rvrc ~- ~,,r~w~-• ~ ~~-~- --••----- - JAVA BY: AV11 L.L.C. LOCATION OF PROPERTY OR PROJECT: 1800 N. LOCUST GROVE RD. _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT _ MALCOLM MACCOY, P/Z .MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH~BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) KEITH BIRD, C/C U.S. VVEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECL,gMATION(PRELIM & FINAL) SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) FIRE DEPARTMENT . _POLICE DEPARTMENT YOUR CONCISE REMARKS: CITY ATTORNEY _CITY ENGINEER CITY PLANNER ;. S~~ ADDRESS: ~ . "`~~~'~'- G~~~- ~ '~ . GENERAL LOCATION: J" /L'~ ''~'~'Y'~ fu`~°~~~~ G~~ DESCRIPTION OF PROPOSED CONDITIONAL USl= C~~~i,~LEcaFL dvtc.d ~r~f G ~mOXie c~QVa, ZONING CLASSIFICATION: ~ ""``'E'~~'`'~ ~ ~.u~ -oil PHONE: ~ ~ o~l~ i~ . L13 boy ,~Kv~~ Q Gv~vrr ~~ t~/l..r V~ 71/tiv ,~rf Q I certify that the information contained herein is true and correct. Signature of Applicant ©y/ ~ y ~ ~,~ J Social Security Number LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDMSION, BLOCK ,LOT .-, TO ~~~ '~~ ~ ~ MAY A ~ 1999' CITY OF MERIDIAN CI`T'Y OF ~I~ID , APPLICATION FOR A CONDITIONAL USE PERMIT PI,~~,~ ~ ~®~~~ ~a ~~~~ ~ ~ Conditional Use Permit/Pad 2, Mogie Java drive=thru Apri127, 1999 i "~ Application for Conditional Use Permit, City of Meridian Location : Avest Plaza Shopping Center, Pad 2 1800 N. Locust Grove Rd. Meridian, ID 83642 Owner/Applicant : AVII L.L.C. Attn :Rob Haggett 590 North Maple Grove Rd. Boise, ID 83704 l.f 6/11.. D~.:SC/UA~o,nt : LOS ~., dlOC.rC l , Av<sr /x(,.41.4 sdd ~tvtSlont Business Tenant : Moxie Java Coffee Shop w Existing Use :Building is zoned general commercial, current .use of space is a 6000 square foot, five tenant retail building. There is currently adrive-thru window on the Northwest corner of the building that services TCBY. Proposed Use :Same w/ addition of a drive-thru window on East side of building. Zoning :General Commercial Characteristics : Moxie Java's business. is one of providing a convenient location for the public to purchase a high quality cup of coffee at a reasonable price in a short amount of time. With the addition of a drive-thru window, the public will be able to purchase this product more conveniently. The most important aspect in our. opinion is for the parent with children in the car having the ability to stop for a morning cup of coffee without the inconvenience of lifting children out of the car. This also increases "safety in the parking lot during high traffic times, as is the case from 7 - l0 A.M. AVII Property Management agrees to pay any additional sewer, water, or trash fees associated with this conditional use. ~- '`l R ! ~ R~cEr~D MAY 0 5 1999 CITY OF Ii~RII?IAN PLANNIl~TG & ZOI~~NG REAL ESTATE /NVESTMENT PROPERTY MANAGEMENT May 5, 1999 To ti~~h:~r. it may ccn~~er;<t:- Robert A. Haggett, Property Manager for AVII L.L.C., is hereby given permission to represent AVII L.L.C. in any and all applications to the City of Meridian and any issues pertaining to development with Avest Plaza Subdivision. n '~ By' G Kathleen K. Weber General Partner Robert A. Haggett Property Manager state of G'~ County of d` `" of ~~ da th 18 a ~ before me ~ y e On ~..~ aw1L w~ioe~ ~ bw+ 4~ms Isnown to be tho Came individual deserlbed in and e;ho executed the foregoing instru- rr~ent and acknowledged th exocuted the t8 2 Commission Expires Notary ublic ~I~-pTAAy ~".#g e ~ ~1•~.t .~ Executive & Property Management Offices: 590 North Maple Grove Road Boise, Idaho 83704 TELE /FAX (208) 327-0147 MAY-03-1999 17 13 AU 11 PROPERTY MRNAGEMENT • 208 853 8856 P.01 REAL ESTATE INVESTMENT PROPERTY MANAGEMENT May 5, 1999 To whom it may concern; Robert A. 'Haggett, Property Manager for AVII L.L.C., is hereby given permission to represent AV~C L.L.C. in any and all applications to the City of Meridian and any issues pertaining to development with Avest Plaza Subdivision. Kathleen 1C. Weber General Partner Robert A. Haggett Property Manager Stste of ~ c^'~"~ Courtly of `~''"" ~b~'}' da 1'll~. 19 q ~bofara ma ~~~~C, w.{•s,r y i (~ nbV~'~ ~.q~j~'nJe- i:nown tv bu IMfG CQmO individual aesulbed In and a:no exacutr~d the lui::r~oing ~'~cru~ R18nt and acknowledged th oxocuted Uza ~ P ~ l1S 20 ~• Comrrdsdon Ex~irca hotnry ' uplic ~pTApy ~; ~~..~~!! ~B4`v_e~ Exe~i~iil~r ~ Property Management Office:; ~~~~) N,~rth i~lclple C;rovc P,i>nd l;ole. 1Joh0 8~7U4 TELE/ Ft1X (?C?S) .iii-017 TOTAL P. 01 MAY 03 '99 17 14 208 853 8856 PAGE. 01 7 ' ~., 9607390y AOA CU. REORDER J. DAVID ttAVAP,RO O QUITCLAIM DE 901 S E I D ' 96 SEP 3 .~ 3 0 FOR VALUE RECEIVED, AVEST LIMITED ~~R_TiN~'$$~llF; invited partnership does hereby convey, release, remise and for~p~ipdoclalHIftli»9~~~ . L.L.C.. an Idaho limited 1iablllty company, ita interest in the property described a. Lot 2, 3, 4, S. and 7 in Block 1 of AVEST PLAZA SUBDIVISION, according to fire official plat thereof, filed to Book 70 0l Pinta at Pago ?179 AND 7180, Official Records of Ada County, Idaho. ' together with its appurtenances. DATED this 3 day of September, 1996. STATE OF IDAHO ) ss. County of Ada "~ ) AVBST PAR 1BR.4 sy: Ro .Allen On thin .day of Septomber. 1996, bofore ane, the undalsigaed, a Notary Publla is and for nerd State, personally appeared ROOt3R H. ALLEN, known or idettllfled to aae to be a Partttor In rho t'artrxnhlp of AVF.ST LIM11'BD PARTNBRSHIP, rho pattnor who subscribed said Partnorahip name to rho foroaoitta inattutttont, and at;kttowladged tome that he executed the same in said Partnership's name. IN WITNESS WHF.RIsOF, I havo horounto sat my hand and atiixod my official coat rho day and year in this cenlficato first abovo written. ... N/.11111.... !~ ~ ~:. 1~111r... 1 ~~1, 11111111 r1~ I. 1,y~) ~ ,.1 X11 ~,1 ^, ~, .. ~'fll~~~Ci • 1P.s.,1.' ~~~110~~``1 , .11...I~i,.•11''1, Notary Publia far Idaho Rosiding at ~~• ~ ~~~- My commission oxpiros; A~~ -~-~ /)i;l"f~'I 111"~1 I)( f•.1~ i ~~.~ + . ~ . ~, . ~~ i ' ` 1 ~ . t ` _` ` t '~9f~/' _. GRAPJT iJE,ED .,,_.. i S ., THIS INDENTURE r~Gde the 31st day of December, 1g~~;~~bn4{he~ri R~7GE~2-~ ~ ,' '~' ALLEN and VIRGIP~IA A. 1-'. !_EN; husband and wife ;:('Grantors') an~' AVEST =LIMITED PARTNERSHIP; an~(dahc :riled °Partnership„wtese...address ~s_c/o' Rooer H: A.ien,~ 5t,:; ° 590w, Randolph give, Bo~s_=:c,Idaho,,.~37C9i ("Grantee"j;: ~ ~{?,,ji~!?~,,' jl7 . ,. ~ ~. _ ~ ;. W ITN E S: ~ ~e T H: '~ ~~1 ~ .._._, , ~ - ,. _._ r iilr ` Th1~ffGtantors, fog :nd in consideration Qf the' sum :~of Tel~..'and N,o/tl?oths ~_ ~ :Sl~tes oT~'merica, and tither good and- valuabto , o ~ r _ _ ~_; ~" i _. ~ .__ ` ~ y_ , , , , a r Doi ` e , consideration, to thorn in hand paid by .tho Grantoe, tho recoipt whereof is hereby s,, ~ ~~' acknow!odyed, have granted, bargained. and .sold, aAnd by `theso prosonts do grant, . bargain, sell, convey and confirm unto the Grantee, and toFits successors and assigns • , !n_ tho County of Ada; Stato of forever; the following described real property situate Idaho, to-wit: .. . ~_~• 5 REAL PROPERTY DESCRIBEC ON "EXHiBiT .A' ATTACHED HERETO r : .~;t . .~ SUBJE ; TQ: All enc:-mbrance~; liens, easements, covenants, .. agreements, re ~rvations and restrictions of ,record or visib{e upon a i~' y,. oh stoat ins ection :,gal ro ert and ri his Oi tenants in possesc~on. r Y P P P Y, 9 • , t.,. TOGETHER WITH a!I and- singular the .tenements, hereditaments and appurtenances thereunto belonging or in anywise appurtaining, tha reversion- and _ • ~ reversions, remainder and remainders, rents, issues and profits thereof; and all estate, ~«~ ~ right, Title ''and interest in and to the said real prOpnr;y, as well in iaLV as in ~.vuity, • • ~` i of the said Grantors.. -' . 5 _ TO HAVE AND TO HOLD alt and singular the above-described real property,- .i _. i• ; together with> the 'appurtenances unto the said Grantee, and to its' succe_~ors and +- , assigns forever. ~~~ t" IN V'JITNESS WHEREO'=, the Grantors have hereunto executed ,this Grant Decd ~° i ~ as of 4he day and year first above writt~~~ ~ ; GRANT"'DEED t 1 t -r+. ` .. ~~ I ._._ ~ ~ .~ ., ,'s,~ • '~ * -Brit ~4 r'~~~ y ~ r I ~' r' Y '~ ~ .: y* ~~ 4 ~ ' ,fit S~'~. ~ '. ' rt~ .IY ,7 ,. ~- ~ ~' 3€.S ,,,~,,,~, ,~ 4 ~~-~~,t,a„R°tf-; :' y ~ n"' ~ "~.` eJ T;y~- w• -- ~-~-n. - m., f;'i' °~ ++. a: _ '9 ~: ' ~ ,,.. 1~:`~~€~n~.. tel. ' ,. ~ - ~~ ' I STATE OF 1DA!-_1^ ) A ~ ~ f ~ GOUnt}! ~~f- Ada ~ i- r „ ~~~n On this ~ day of February, 1993, before n 4. the undersigned, a Notary ~ Fublic~ in' as~d for s~r~ `State, persona~ly <°peared ROGER :~-?. ALLEN and VIRGINIA I. ~~ '~' A:;rAL~E4N; .hus9a2~d~. 2nrj wife kn~?vn or identi`Ed 30. me to •bc the persons .whose r~arnes •are ~stabscribe%~*to the f~r~grzng ire>rument .and ackno~+ieayPd' fc; me: that .they „,~~~ . ~ ex~cute,d the ~ same. ~ ~~ INS a4r1T~'ESS: ~~NEREC?F~z,l ~l'avv~;hereunto~~set my. hand a~d"~affixed my official ~ ,::. ~, ~ '' sea! the day° and y/Qar, in th s ~cerzificate .first above written. ' F . ~ <` - ~~ x "~ ''4s ~ ~ ,- Nota °ublic ~.for_'I aha °t __ Id f ~ °r +~~~ ,`lt,rg~ »~ _ .Residing:=at.... 1~~. ~~ a6~o . .,~;~ :,-- ~ _ ~~iv, ~ _.. i~--~--~-~-~,~. ._...._. _ ---~y Commission Expires ~1~ -4'3 ~" ,• ~ ~, ^ a.. f!'.. ~ T ~ a`i+ e - .~.~.... ~ ~. yj~ yy~. x ~ t ~T7 .. p~ ~• a. 1~ y~~ ~; , .. ~, I .~ { ''t ,lye •~ III ',' ~ . ~ ' ~ !~,kf. i~ ~ ;~. ~ t~ 'Yrt1 K.. I tJ J .~i 'P ~~ } '~';i ~ ~ td, y'i,.~; a GRANT DEED -- 2 .. -~ _ .:~ ;~ ., I ~. f u [ ~~ ~ ,_ ~. ~, ~ ' ~, ~tb~rt~s~C.'~~ial~i '=i~c~NawaF.4>r7~,~++•~+t~'Fe~ltiM.i,ARR.~!"~ _ ._. Ss '~~"~"{~~ ~= ~~AT'aa~ifd~2~~•.~iy-'#.~e'riA,(r-'"' L ` , e.r~ x '33~.E_.,:~p,.. ~,~~~• E ~~' .a H;. ~* ~ ` * _ ,~ ~ - ~ ~"`e - 7..~.5~90~1 5~• EXMiB1T~'f~°~ ~:~'; , w ~ a ,(Legal DPscriFttonz oP~ Heal Property).. ~ ` ~ I~.~. ~ i y~f 'S~f': ~~. '`yT ~ s $a1 e ~. r •' .m ~~ Y r. ~' t,' ~pl „, SOUTHWEST QUARTER OF'7HE SOUTHWEFr OUAATER OF SECTIOr.; 5, 70wNSrnN ,, NORTFI, RANGE t `'• _" 'EAST OF THE BOISE.MERIDIAN,.ADA COUNTY„ IDAHO; 1 k ,.~y` [DCC~PTTHAT'PORTION DEEDED TO THE 57~~. "E OF IDAHO IN,WARRANTY DEED DATED JUI Y t5, 1955 - EXECUTED BY FLORA E. DOAN AND GLEN G3 C< ~,N.,HEn HUSDAND, RECORDED AUGUST; 1`,'1055 UNDEfi - RECORDER'S FEE NO. ~Od794, AS FOILON/S; t A STRIP Of" LAND !.Ylh'G SITUATE BETx'~EN TFIE SOUTH L.INGOF THE SOUTt'iWESI' UU.MTER OF THE SOUTHWEST QUARTER"OF„SECTION 5, TO~h'NSH!? ~ NORTH, RANGE t EAS i, BOISEMEf11DIAN, AND .~ r>~TR~.~ LINE PARALLEL TO AND 50,O~FEE7 DISTANT NORTHERLY FROM THE FOLLOWING DESCRldED CENTER s 'r , ' LINE OF HIGHWAY AS SURVEYED AND SHOWr`i ON TI•IE OFFICIAL. PLAT OF U.S. 30 • PP.OJECT NO. F• 3281 (5) HIGHWAY SURVEY ON FILE !N THE OrrICE OF TI-IE DEPARTMEtJT OF f nGriwaYS OP Tr!E ' ~ STATE OF IDAHO AND LYI~!G OVEF1 AND ACROSS THE SOUTFIWES7 OUARTC;R`OF THE SOUTHWEST QUARTER, EXCEPT THE EAST t0 FEF_T THEREOF, OF SECFION 5. TO'vVNSHiF' 3 NORTH, RnNGEa EAST, ! E301SE h1ERIDIAN. _ ~ ~,. ~. 's", t3FGINNING A° S'"A"'GN 7 P ^ r ~ ~ '' I ' END 6F,:LEGAL DtiSCRZP'PIQN:. • _ ~, .. i ~ t: ~ i LUa ~~.t3 OF Tr-~E ,,AID N,IGf'iNAY ,,+.;P,VEY, 4/i'i!C,1'1 STATION IS A POINT ON TANGENT APPROX!MA7ELY 21.2 FC_ET NORT}-i FP+OM T NE SOUTHWEST CORNER OF SfiCTICN S, TOWNSHIP' 3 NORTH, RANGE i EAST, GUISE t,~lEf3lGIiiN, T~-trNCE RUNNING SOUTH e3 53' EAST, 1327.2 FEET TO STR.TION t1 t'LUS 9 r ";F SAID S',1RVEY, WHICH ~ 5TATiON IS A POIN;" Div' TANG:it1T~APPROXIM~, E ~.`(" 13.d 'eT`NORTh"`r;NU 1;127.2 FEET EAST FROM THE SOU ~'HVJEST ~y~=Fif~(EF~V+t~F SF_G71ON 5, TC'/!NSH!P 3 +VORTH RAt;IGE `t EAST,'L~OISE Mw~`~,!,DIAN. ,,. 1 - - °-'-°:~- . - _ .. .' w. .,.,. ,. .•. •.~, t:, ..__ .-a~.~-- TOGETHER with a strip of Tznd 10 feer_ F•id, :ong the West side of the'Souttaeast Quarter o: the Southwest Quarter,' Section 5, 1'o;onshiP 3 North, Range 1 E East of the Beise Meridian, for the. purpose of building n county road. E - , '~ '' a~tt~. 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PAD PARGEL 2 ! _ . ~ J W ~ t~AiGOTA DEVELOPMENT ~ ' ~ v' AvEST PRflPERTI' w~tc ~~ .. .- ,:: - - - - u_~ ,~ _ F S r. .s ~. t t ~ 1 _ -, - - ~`-. 1. ~'' [y- . . %. 1 i ~ * _ ,~ - ~ .mom c .y - _ ~ } ' } !? c ~ I ~~ \~ ~ ^ _ ~~ ~ I ~ ~ I ~ ~, ~rrt ~ . ~ , $~ ~ J -. ~ ' ~ ~ ffl 9 9 i ~, fi . ~ G. ~ t~. -' ~ ' '~ ~ ~ h ~ 9 ~ j.~ / i Q \~ ~ ~ ~ ~~ ~ ~~ ~~, V Z- -:} ~ ~ E ` y Z. 4 .. L o~ ~ , ~_ . ~ ~. ~ ~ ~ a - ~~ ~ r ~ y 8 .. •. '~ ~ ~ ~ ~ 8 9 t,~ " c ~ 1 , c- . I I ~ I I . ~~ S. _ , Y _ ~-, r ~ ~ ~ ~ ~ ~~ i ' ~ ~ _ ~ -¢ y 9 Q ~ y ~ ~: r ,~~ ~ 4 ti ~ ' l j ,~~, I~ ~ J ~ ] I ~ ' x .q k . S J / _`:_ ~ ~ ~ ' q ~ `I } ,' ~ ~ ' { ~ ~ V ~ 4~" p ~. B 1'~~ j ~. I ~I y ~ I '"` }} d f l ` ~ f i ~ ~~ L .. 5 1 : 4 '~ ~ ~ ~; ~ i~ II l ~ ~. r ' ~ ~ ~ ~ ) ~ ~~ l ~ , r ~ m I ~ ~ , ~ s ~ ~ ~ , ~ r ~# ~ ' ; ~ ~ .. ~ ~ ~ ~ 1 , : 4 I O l t :)p - - ~ ~ Imo/. .l ~ F , '.. ~ ~ ,~' 3 ~ ' ': ''' ! -:1 Y F , ~ 0 ~ ~ ~G_ ^ ~L. I f-t.~K~i~ ~6. ~ ~ ~ RRI~t SI. s `ARCfil71CC78 ~' rfy ~; ... DEC.1?.1997 4 @3PM ADA COUNTY LAND RECa ~~,a. oo~ ereahaow ~ `~#~ --- .._ i~ ~ ~ ~ .~ G _ ~ 5007s'74ti' SEC110N 6ME ~~yt _ ~ K WW R I wr f ~ , ~ a~ I ~ ~ N0.@34 ~ P.3~3 ~~ a aaas svea+nswn $ _ .._ COf`dE~NMC t!ffiH_ _ _ IlOIE i1D'r W ~ - - - s ~ , I ,. ~ ~ R i ~ i ~ ~ K a 1 ~ ~ ~b~~ ' (.. I I ~ MCJf7~i g N2N' ~ f~ ( ~ ~ 1 ~ . y P p` O I yu ~ ~ ¢V t * ~ -~ ! M1 r n ~ I ~ ~ ~~~ti g ~ £ ~ 'e '~' 4 ~ - -E ed1lr.r ~~ I" ~ `~g~ s ~~ ~~# = `~ r v i~~ of ~ il~_la~ ,~~~-~ ~ , ~ it b „~~ I ,~~ II ~; u I a~ Saar -E asKw~r LOT 6 8 M~~trTs- w~c'lvxM-~1 1 _• ~~ - `~ :,ur a~amr ixa' ~i+ ~~ 4 ~ ~ 444 A ~~~~ ~_ ~r ~l s 3g M ~~ ~~ ~~ !~ awae ~r+aa a ~m~T,..erre~ .., _...~ ~~~ R ~ ~~ ~ = ~ a~ T °ow~ N ~~ ~ ~c~ n ~• ; ~~ a T8 ~ `~ {S~vm I- a~ ~~ 8 ~~ ~ ~ a ~ N V { 1 ~ `~ ~ - ~ ~--~ ~ s ~ ~ ~ ~ ~ 6 ea~+ ~ N ~ ~PPlpY00 ~~ ;; ~; ' ~ ~ ~~ . s !~ ~! ~ i r ~ ' ~ R b f ~i e r ~ ~ '~ i fi$p ~ ~ ~ ' ~ e ~~ ~~• ~ I ~ ituTs• ~ ~ ~~ ~ ~~ 4~a ~~ i` p r ~i a~; 11 ~~~I ~~~ $ ~-~E r N ~~ 8~~ cz~1^~ ~~~ w `'. ,~ • FIGURE 8 FRED MEYER TRAFFIC STUDY DRIVEWAY OFF-SETS PBCS RG U!T S . It/l"' ; w i-=--' ~ ~-----J !!~!!!d ~ if ~77777d it u 777d it O ~ i ,~ ~~ - ~~~~ ~ PAD p ~ J rJc Z f i ,~ c I~ 11 ~ 11 II N I '~ i t i 1 1 1 f it i f 1 t / f it 1 ~ ~ PAD O ~- ~ o a iiiiiiiiiiiiiiiiiiiuiuu I i IGNAt. 297' -~ 530' 880' 1 1097 PROPOSED SIGNAL. IE -"-"-'-_~_._r~`y FAIRV11EWAVENUE - U.S. HWY. 3 _-_~- ,- • ~- .. Odc9 SUPPLY. (UNDER CONSTRUCTION) Noa n+ a fr011k SluCy vreponQ ny. p: ~. ~; pp81E [Mpt1EEPoNG. INC.F ~~'I p. rrw.s r ..ic . o. ocw.+-a.l ' y ~ ~ , ' ~ L . n ROItERT H MCQUADE ~ , ~ ~ _, , ~ ' / V , 1DA COUNTY ASSESSOR ~,~yA~ U {{ $~, ~~~ 6y ii3- ~s°`w e: # ' '/"{~ 130ISE ID 8370: " C] v. +, , ~ ~ C '- . +.w.+..,, R F:fUl2N SERVICE REQUES fED- TAX'CODE C33 t~d G 9 , S~! - ~~ CATEGORY DESCRIPTION lOTS/ACRES ` ~ ppsMAFdKET,YALUE c0 / ,~ ~1,q9~ ~ ~ ~ <, ~'~a' ~ ~ ' w ~. / COt+ltr! LOT 21 ~ 0 COMM BLDi~ 42 ~ ~ .6 3 a~, ~„ 1 ~~ s 9 2 9 ~'~~'~~jf~1, TAXPAYER'S , . . n, ASSESSMENT NOTICE , u ~ 7AhE5 ARE BASED OPd THE VALUATION . LISTED ON THIS STr'TEMENT >, IF THERE ARE ANY QUESTIONS. REGARDING THIS STATEMENT , ** 7 0 T A L~ M A R K E' .7 V ALUE *~ ~ 4 4 +~i # Q O}NOTIFY THE ASSESSOR'S OFFIC~~~iE **Tt~TAL l1SSESSIW~3 VALt1E** 444000 3542381 r } ~'SO~ ~ LOCUST ' GROYE '. See the reverse side for further references KEEP THIS COPY FOR YOUR RECORDS s PROPERTY ADDRESS ~ ~ ~ PARCEL NUMBER RO 61 ~ 75 0 ~ 2 ~ Mail To: _ .AV II L L C SLOT 2 BL.iC'• 1 C/O ROGER H ALLElN AVEST PLAZAS 5U8 '~-9547 W PE88LE BROOK' IN ` eOISiE iD 837J3-1765 I U. ,._ ,._ _ .. _ a h A f k t $ a w . q e ; 'i m ~ ' ~ r .1 i Y ' 6 .e y..C~ 4 ~ • • '?~ CONTENTS OF CONDITIONAL USE APPLICATION (Incomplete applications cannot be processed) An application for a conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information: 1. Name, address and phone number of applicant. ~ 2. Name, address and phone number of owner of subject property. ,/ 3. Legal description ofproperty. -~ 4. Proof of ownership of subject property (warranty deed) and notarized consent of property owner. / 5. Description of existing use. ~ 6. Present use of subject property. -~ 7. Proposed use of the subject property. ~ 8. The District (present zoning) that pertains to the subject property. 9. Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1 "=300'). 10. A plan (with a scale of not less than 1 "=50') of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yard (submit 35 copies). Also include one 8 '/2 " x 11" copy of site plan, elevations and List of construction materials for all buildings. ~ _,,~ 11. A list of the mailing addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered. This list can be obtained from the City of f Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. 12. Characteristics ofsubject property that make a conditional use desirable. 13. A fee established by the Council; $275.00 + $1.73 each for certified mailings for each property owner listed within the 300 feet =Total Fee. Please double the mailing fee on this application if the property is located in a zone other than Old Town, Commercial, or Industrial. (All other zones require two public hearings - 1 before Planning & Zoning Commission and 1 before City Council). i 14. A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial: 15. The application shall be verified by the applicant who shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. • • 16. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this will be done as part of the application. O SOD ~o o _1-~ m ~o m " o C C r C ^^ r ru r r O r Lrl lJl Ln .-. r rv r 0 ' r n.l O D ' r a ..O .[] mm ~gµp fj ~ ~ Om _ OZ~C a .mJ.z wm-°D- ~,o ~ laomm w o:n ~ ~, i r ~ ~ b~o~°r ~l ~ 55 ^ Q - VA~IV\/ o (~ o D lam- 1 I i I i ' v o r ~ (O ~ ~--~ ~ ~ N r^ V' ~ x ~ i ~~ ~, o j F, ~~ o ~ r.. .. Customer's Order No._ Name >~, Address CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888433 Date ~-Z7-q9 Phone: SOLD BY C.O.D. CHARGE ON ACCT. MDSE. RETD. /~ 10 PAID OUT C= C.G / _ ~ 1 ~ I ~ ~~ r ~ \ I ~ I ~ ; ~ I I ~J i ~ I I ~__--- I I I I I I I I I I I 1 1 I All claims and retu"rned goods MUST. be.accompanied by this-: bill.' 0 0 0 9 216 TAX I Byceived TOTAL Z 99 ~ 2Z GS-202-2 V ~J, vnixrco wiTn ~C~'}j Q PRINTED IN U.S.A. G SOl(INK J~tAy~i p~,~ rim =ra+~e+ ~~ ~illl~ w^~ , IIIII~ , ' ' =~i -^nlflti~ ~~ ~ , ~~' rl~lr ~ ...: ~ Y •: P ,. EXHIBIT. A.. ;,, , ', T .;(RETAIL ,LEASE -AVEST PLAZA SHOPPING .CENTER) : ;, ~ ~'~ _ `~ `' . ,. LEGAL DESCRIPTION OF SHOPPING ,CENTER ~: ,~ ~ ~ '~' ~s' .: ~:, Lots",1, 2, 3, 4, 5, 6 and:..10, Block 1, AVEST; PIMA SUDDIVISION; sc~cord(ng to theofficial plat°, • thereof flied In Book,70 of Plats at Pagps 7179-und 71 a0, records of Ada County, Idaho. `= ' _ .''l ; - LEGAL DESCRIPTION' OF RETAIL -BUILDING ~'.~., ~ = .. ,_ ~ : V Lot 2, Block '1, AVEST PLAZA SUBDIVISION, according ~to the official plat thereo(,filed. in Book 70 ' x lJ of. Plats at, Pages~7179 and 7780, records:of Ada County, Idaho:. ~~' ~ ~~' ' ' ~ ; - ,~; ~ ,. .:,. ..; . - - .. _ j ~ i ~ ~~ _:- k- „ t~ "a~~, SITE PLAN OF SHOPPING CENTER . ~ ~ ~ e ~ "~ ••- n, ..:~~.~ .. _.. I _ .._.._ I6 i. I I ~~ ~r I ~, I ~ I _~ ~ J I I ~ i .. I ~+ ' I i __ 1l ~ I I ~ k i. • _.. I I I I -- _ .. (, ~F -- i I x ~ ~ i ~ ~ , ~ ~ i i I. ' I ~ ~ ~ ~- ! i I .I~' ~ I ~ .~ I l I I I~) ~ I ~ j 9 ., ~ I ~. ~ ~ x 1 I '` I I ~ ~I L' ' ~ ~, I' i.. 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O d y D O y Q w N Q O N~EAw» n n ~ ~~m°o3~~' - <y w m o °m.~ c:~Q m~~~~ O O ~ d d N w ~N~=.7 ~7w (ndw d m N Ory - O. O ~ ~ X.' O' dom~ooo m~ccoo~ ~ D p o-w~ -d 3v ° ~ 3~ d3-. .~~,w° ~.d c~v~ m °-~x ~ ~wv ~ a ~-°3ccn N~~.~>> ~ ~ ~ °o Sy o_"~ o~~mm~ ~ ~.3d wdm r" d ~ d °G x _. m 7 d .i'O O O.V ~~7 ~ ' i ! '~..0 .; ~~~a.. ~ ;/'~.R m fD ~ ~ o~=~ Sli -ti+f0 y ?ON ~ mm wy? 1. ) ~9~ ~' d ' J O NX. A1. N~ 1 ? U C C J k' ~>' •a$ r'a d 0 ~ N 7 ~ cn 3 0 m . pp '' ` c~ _ c d~°o3c°,Q ~ .O_.c ~ ~, a' C?~ m~ 'O 3 m`~Od ?'.~ma73 ~mo.wc_. H u Q 3 . G d ~ » ~ ~ ~ 31 s ~ D'd d O C 3 ~ O . w = ° J d N .. QC ~w3 f0 ~~fNn dQ _ t ~-- ° ~ z /~ art rna,c11.' .r ~a7 ~ % l3 = ~ Z ~ 2Z ~~~ _,, _~; - ,~~, AVEST PLAZA -1800 N. LOCUST GROVE RD. PROPERTY OWNERS WITHIN 300' BROSS RICHARD H & BROSS THELMA I 1975 N LOCUST GROVE RD MERIDIAN ID 83642-1829 BORDER MONTY S & BORDER KIMBERLEE K 1915 N LOCUST GROVE RD MERIDIAN ID 83642-1829 ALLISON EILEEN 1935 E CAROL ST MERIDIAN ID 83642-1848 RAY DENNIS E & RAY BETTY J 1872 E CAROL ST MERIDIAN ID 83642-1849 CAHOON CHARLES H & CAHOON MARY Z 1875 N LOCUST GROVE RD MERIDIAN ID 83642-1.831 FERGUISON PHILLIP Q 1835 N LOCUST GROVE RD MERIDIAN ID 83642-1831 VANPAEPEGHEM R J & F A TRUST VANPAEPEGHEM FERN A TRUSTEE 1490 E CAROL ST MERIDIAN ID 83642 DAMS ROBERT E & DAMS JOYCE KAY 1805 N LOCUST GROVE RD MERIDIAN ID 83642-1831 N LOCUST GROVE RD 1805 N LOCUST GROVE RD MANSAYON ADRIAN C & MANSAYON CHERI L 1555 S CAROL ST MERIDIAN ID 83642-1840 AVEST LIMITED PARTNERSHIP PO BOX 140075 BOISE ID 83714 1776 N AVEST LANE FRED MEYER INC SENIOR VICE PRES CORD FAC PO BOX 42121 PORTLAND OR 97242-0121 N AVEST LANE AVIILLC ROGER H ALLEN 9647 W PEBBLE BROOK LN BOISE ID 83703-1765 1800 N LOCUST GROVE RD FRED MEYER INC ATTN: MOCON PO BOX 42121 PORTLAND OR 97242-0121 1740 N LOCUST GROVE RD iI HAYNES CAROLYN J 1560 S CAROL ST MERIDIAN ID 83642-1839 ;~:, , ":~ i ~ I " . . • • • \' • -~ ,t; r ,{fir ~ I: ~ ** TX CONFIR N, REPORT **,, .,. ;.,.., AS.OF~-:~-+JUL"26"~'r"~9:43 PAGE.01 -.-... =: CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD#S STATUS 08 07/2609:43 208 888 1097 EC--S 00'30" 001 086 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, ldaho, at the hour of 7:30 p.m. on August 17, 1998 for the purpose of reviernring and considering the application of AVII LLC for conditional use permit for a driv®-thru for a commercial building (Moxie Java), which is located at 1800 N. Locust Grove Rd . A more particular description of the above property is on file in the City Cler[c's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 26"' day of July, 1999. ANGEL IMS, DEPUTY CITY CLERK PUBLISH, July 28 and August 11, 1999. ~``,~~\ti\\ 1i iE ri I r ry r rr~r~+f .• ~'t O~ ~'', r ^x^x - M ~~ ~ ~ 1 %9 ~Tt9S• ~~`: ~~.\fffff,l!IIV~ 11111\\\\\~\ y ,, n ~ ~ ~`~ . ~._ ~:~.. °~: BEFORE THE MERIDIAN CITY COUNCIL 4 ,, ,~ IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) A DRIVE-THRU WINDOW AT 1800 N. ) LOCUST GROVE ROAD,'.MERIDIAN,3 ) IDAHO, BY AVII, L.L.C.. ) +~ ~ f r> ~ r , ,f8 ,) CUP-99-015 ~~ .~ ORDER AFFIRMING _° '~ :FINDINGS OF FACT AND CONCLUSIONS OF LAW ~, AND ORDER OF,+DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT C :~ 4 .' ,. This matter coming before the City Council' forpublic hearing on the , conditional use-.permit on the {17`'' day.'of August, 1999., upon consent of the Council to reconsider `action that was talcen-on, the 20`'' of July, 1999, wherein the- Council issued-an ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT in this matter, and Steve Siddoway, Assistant Planner of the~Planning and ~.. .. :, ~ ~ . Zoning Department, having presented the staff report, and appearing on behalf of the g .~ Applicant was Rob Haggett and Dan .Thompson°of Earth Tec, and having presented a ~, ~~„~ t f ~ r ~ modified not to scale Site Plan, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, including the Planning and Zoning Commission's Recommendation to the City Council, and the Council having duly considered the matter makes the following Order Affirming; r', i ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL G~11 i USE PERMIT /DRIVE-THRU BY AVII;"L.L.C ,. ~ .~ ~~ ~ ~ ~~ .. A ` Findings of Fact and Conclusions of Law and Order of Denial of Application for . Conditional Use Permit. . ` ~ ORDER AND DECISION AFFIRMING t .. DENIAL OF APPLICATION NOW; THEREFORE, BASED UPON THE ABOVE AND FOREGOING ~" FINDINGS OF FACT AND CONCLUSIONS OF LAWj AND GOOD CAUSE _. ~ .. .APPEARING, IT;IS EHEREBY ORDERED AND THIS DOES_ORDER that: ` l . u The Findings of Fact and Conclusions of Law and Order of ~, ~ ; ,Denial~of Application entered into by this Council in .this action on the 20`~ day of July, 1999, is herein affirmed in all parts, except as herein modified; and 2. That Finding of Fact number 10 is .modified by the addition= e thereto of the following:. ` The,additional modified Site `Plan presented by Dan Thompson of Earth Tec, which the proposed use does not alleviate the problems, and it is found that there is not enough room on the site with the~existing ~~• ~ neighboring TCBY drive-up window for two (2) drive-up windows, and° r accompanying traffic.patterns associated therewith to provide adequately for safe vehicular traffic, and pedestrian use, .of the subject `~ property and site. t ._: NOTICE OF FINAL ACTION ~~ Please'talce notice that this is a final action of the governing'body of the City ~= ~. of Meridian. Pursuant to Idaho Code Section '67-6521 an affected person being a ,. ~ = ' ' ~ 5 x. person whoaias an interest in real property which may be adversely affected by"the ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 2 USE PERMIT/ DRIVE-THRU BY AVII, L.L.C .. ~ ~ T ,. Y C -~ ~ . . ~. 4~ - issuarice~or.denial of a~permit authorizing development -may within twenty-eight (28) h ~ e. days after the date of this 'decision and order seek a judicial review as provided by Chapter 2, Title 67 Idaho Code. _. The City Council of the City, of Meridian hereby adopts and approves. this Decision and Order of Denial.. DECISION OF DENIAL- ROLL CALL: COUNCILMAN ANDERSON VOTED e Y COUNCILMAN BENTLEY ~ VOTED COUNCILMAN BIRD ` , VOTED {, COUNCILMAN ROUNTREE VOTED +.. 1VIAYOR'ROBERT D. CORRIE (TIE BREAKER) VOTED _ DATED: --? ~~ -MOTION: ~ ~ r APPROVED: DISAPPROVED: _ - ~ r Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Departm t, and the City Attorney. .. a By: d~~~~--' Dated: ~' ~-,C ~~`~,,,t~`"~~~~f~ .. ''f`~~l l City Cleric _ ,S~` ~ `d~~~N msg/Z:\Work\IVI\Meridian 15360M\Moxie Java~FCLOrdCUPtwoDenial ~ A ,~ g ~~ ~ s ~~ ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL = 3 ~ USE PERMIT /DRIVE-THRU BY AVII, L.L.C ~-,,~'~'~ r 1~ .'`~ .~` ~~i~+rta~i4 sa sse~~<<~r x S n • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7.1899 APPLICANT: AViI LLC AGENDA ITEM NUMBER: 15 REQUEST: CONDITIONAL USE PERMIT FOR MOXIE JAVA AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: s MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED FINDINGS o ~- SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. _~ ~ ! MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 45 Simonds: Hi, I'm Andy Simonds with Fermor LLC, 2700 Airport Way in Boise. We agree and accept the recommendations to the City Council. So I'm just here to answer any questions you have. Corrie: Any questions from Counci{? Thank you very much. Anyone else-who would like to issue testimony on item number 18? Hearing none, Council any questions of staff? Okay, I'll entertain a motion to close the public hearing on item number 18. Rountree: So moved. Bird: Second. Corrie: Motion made and second to close the public hearing on item number 18. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay, I'll entertain a motion on the request for annexation and zoning of approximately 3.77 acres proposed by Eagle Road Professional Center. Rountree: Mr. Mayor, I move that we have City Attorney prepare Findings of Fact and Conclusions of Law and Decision and Order of the annexation and zoning for Eagle Road Professional Center to include the staff comments and recommendations from Planning and Zoning and to reflect favorably on the request for annexation and zoning as identified. Bird: Second. Corrie: Motion made by Mr. Rountree second by,Mr. Bird to approve the request for annexation and zoning, to have the attorney`draw up the Findings of Fact and Conclusions of Law and the proper order. Do we need a development agreement on this one? Bird: Yes. Rountree: That's in the staff's comments. Corrie: All right. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 19. PUBLIC, HEARING' REQUEST FOR CONDITIONAL USE PERMIT fOR A DRIVE-THRU FOR MOXIE JAVA BY AVII L.L.C.-1800 N LOCUST GROVE RD: (ATTORNEY TO PREPARE FINDINGS) Corrie: I'll open the pubic hearing at this time and invite the staff comments first. Siddoway: Mr. Mayor and Council, this is an~application that has been before you previously on July 20th. The P & Z Commission originally recommended approval. City Counci{ then denied the application for the drive through, citing safety concerns with the MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 46 existing drive through, and with cars exiting on to the loop road to the north. Also citing impacts to adjacent residential areas and limited car stacking depth for the proposed drive through. The drive through is located at Moxie Java in the Fred Meyer shopping complex on Locust Grove and Fairview. The site plan. that's showing right now shows the existing configuration of the site. Moxie Java is located as the tenant in this portion of the pad. The proposed drive: through would eliminate this walkway, landscaping and put in the drive through at that location. The applicant has prepared a proposed site plan and is prepared to discuss those with you tonight. The applicant requested and has been granted a public hearing to reconsider the application because they felt they had information that was not considered previously. Staff would point out the concerns that were stated previously by Shari Stiles regarding conflicts with cars exiting this new drive through with cars coming through the existing drive through along here. Also with the amount of stacking depth that may require cars to go out into the parking lot, and also consider that demand and stacking depth may grow as the City of Meridian grows... That's all we -have at this time. I know that the applicant is prepared to address some of these concerns for you tonight. Corrie: Thank you. is the representative for the request for Moxie Java here this evening? Haggett: Rob Haggett, 590 N. Maple Grove Road, Boise, Idaho 83704. Mayor and City Council, I'd like to start by thanking you for giving us the opportunity to testify tonight. I know this project has been heard in the past and was denied once by you, and I do appreciate the chance to'actually testify and let you know what some of the things we've come up with on this. I think it's a good opportunity to help the customers at Moxie Java with putting in this drive through. Issues I think are very important with this project to consider and I hope you do consider these tonight. The hours of operation of the existing drive through at TCBY as compared to the proposed drive through for Moxie Java; Moxie Java does 80% of their business before noon. I think and I've watched this and the owner of Moxie Java is here tonight as well to verify that. TCBY does 75% of their daily business after 3:00 p.m. In fact they actually don't even open until 11:00 a.m. in the morning. ,The conflict I think if you look at those numbers, it really lowers the possibility of a conflict between these two drive throughs. Also the TCBY drive through is located .approximately 100 feet to the northwest corner of the building. TCBY is the west tenant in the building .and Moxie Java is on the east portion. There are three tenants in between each one of them. The second issue which I think is very important as well that was brought up at the last City Council meeting is that this drive .through would be a large impact on neighbors. To the north of the building is a vacant lot which is approximately four acres. Store It Rental Storage owns that property. They have current permit to build phase three storage on that eventually that property..will be the fieard would be developed as a storage. I know that they are planning within the next 18 months to begin breaking ground on that. With the growth of Meridian, the next phase is soon to be underway. We also put out a petition on the counter at Moxie Java for about three days and I didn't expect to get the turn out that we did, but we had over • MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 ,. PAGE 47 200 signatures of people that use Moxie Java and that are in support of a drive through for that space. I think there was in fact if you go through this petition, I've made a copy here (inaudible). Some of the addresses on there are also from neighbors that in the north subdivision. A third issue that I think is also very important is that what happens if Moxie Java moves out and this drive through has been approved? It was a question that I brought up to staff and they said well this permit is specific to Moxie Java or a coffee shop. It cannot be transferable`to asandwich shop or a deli or something that would have different hours of operation, so I think with looking at the different impacts there from the two drive throughs, that's definitely a consideration. Something we also did was in the first planning and zoning meeting with staff,.we basically looked at opinions, and a lot of people said well I don't think this is a good place for a drive through and we were saying we think it is a good place for a drive through. I decided to go out and hire a professional engineering firm and I'm going to turn the rest of the time over to Dan Thompson from Earth Tec and he's done a study on this and will basically give his opinion as why this would be a viable position for a drive through. Corrie: Any questions. from staff at this point? Bird: I have none. Bentley: I have one. Haggett: I will also be able to come up and answer any more. questions. Anderson: I had one question. On that landscaping berm that's north of the building and between the loop road, what's the width. of that? Haggett: In the proposed actually that is probably a better question for Mr. Thompson to answer because with the proposal of actually moving that landscaping out and keeping it there as a kind of a buffer area for the drive through. The original 'plan was to remove that landscaping, but I think we've decided to keep it there. Probably the best thing to do. Anderson: Okay, I'll listen to him. Corrie: I have one question. You mentioned that if Moxie Java leaves that the CUP goes with it. What do you intend to do with that? Are you going to replace it back the way it was? Haggett:- Well my hope is that Moxie would not leave. In fact part of what we've discussed with the owner is that with this drive through, they would actually sign a renewal on a lease term of at least five years, hopefully ten years. If they happen to move and we were notable to fill the space with another coffee vendor, then we would just close up the drive through and probably put the door back in and replace the patio. Unless- it was auser - we would actually have to come through the entire process again to get the drive through approved. for a new user, so with what we've gone through at this point, I doubt we would do that. Corrie: Okay thank you. -- --~ ,r~ ~ i MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 ` PAGE 48 Thompson:. Thank you, I'm Dan Thompson. I'm with Earth Tec, 1299 N. Orchard Street in Boise. Mr. Mayor, City. Council, thank you for hearing us. Mr. Haggett .requested that we look at his site .and see if there's any issues that we could present to him that would address some,of the concerns of the city staff and the City Council.. The first thing we did was go out and-.take a look at the site, which wasn't a bad part of the job. I got to sit and have a cup of coffee during that ore. Biat we looked at-the site to how we thought it would really .work out there, and what we did is kind of'come up with a site plan that we felt would be workable and provide a usable site fo`r a drive through. We tried to keep thingsstraight:~ Some of the original plans had the cars kind of sweeping in and everything -else and after looking at it, we said no we've got to kind of keep them straight to-kind of reduce the n~u~mber of movements; avoid people trying to move. and if there is a conflict with another car, at~least they're just'trying to ga in a straight line.- We felt trying. to get ,them.. back out onto the loop road exit them back out into the system; and kept them moving in more of an orderly manner. One of the concerns of staff was conflicts between the TCBY drive~'in and this drive in We've kind' of addressed that with some ignage and pavement marking which we do` believe will. address the issue and call people's attention,there will be°other cars coming and they should be watching for shat and.try to accommodate them. However, as Mr. Haggett pointed out,-these two businesses, have completed opposite peak hours. We think the evening traffic from the coffee shop is going to be very minimal,conflicts with the traffic with the TCBY and vice versa. The nexf thing we wanted to do is look to see if there was any other movements that might be created, by the cutting the landscape berm and something of that nature, and one of the concerns of the staff was vehicles trying to turn into that and I apologize, did have some overheads which'showed some turn templates we used using the (inaudible) a design vehicle for a passenger car, but I rushed out of my office running from meeting-to meeting and Lalso prove to be unfounded fear this evening, but I did submit.that to staff showing that movement and basically a car cannot make that movement and evert come -close to making it into that even if they go clear into the' other lane. Now an astro designed vehicle°is probably like a Cadillac. It's about.19 foot vehicle so that is a very difficult vehicle to make that movement. But if you go out there .and drive that road, the~proximity~ of the building to that road if you look out there the feeling you get is °I can't make that turn. I just can't do that so we don't feel that people 'would really be trying to,turn:into there. Just to make sure we've shown some signage that we believe would discourage that even further and encourage to do that. The next concern the city had was with the stacking of this issue and I think there was some talk with ACHD about some required lengths and so we went and talked to ACRD about that and there's really no published data that says for a drive through you have to have "x" amount of feet for coffee shop, "x" amount of feet for that, so we went to a published document and that would be the ITD planning manual and use a little queuing theory on ' that one. Based on that we had the numbers they were using. They estimate that there will be a 20% increase in traffic just by adding the drive through. We estimated an increase in growth for ten;years and then. we applied some queuing theory to that. actually went to another Moxie Java that does have a drive through and saw how fast r ~. MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 49 they could service the cars to make sure we had an accurate number as to how fast they could do that. Based on those calculations we estimated an average queue of about;three cars. We estimate 95% confidence of a':maximum queue of about four cars. This is after ten years worth of growth. If we do that what we estimate again using,the design vehicle which is a 19 foof car, which is as big as a Suburban is at this point. What we`would see with car stacking into the marking parking area but not blocking ~it. Cars could get through untler our estimation. Remember that's a 95% queued` Most of the time that queue is going to be three vehicles or~less, which there is room tostack that in .there.. What we've shown from service window to the rear of the very end of the parking island~is a little over 75 feet of storage in that area there. Easily to stack three cars and be on that. Again the way. that parking lot,is set up,there the queuing doesa exceed~even our,calculations. is going to infringe on the other,parkingbusinesses in that parking, lot,: not on Fred Meyer, not on any.other businesses, not on any public roads. Since most of those~businesses are not open much before 9:00. There's a hasir dresser. We don't see that as a serious issue with other businesses. One that we probably hurt the most would be Moxie Java with their walk in traffic. Those are the issues we really addressed at`this'time, and I would be happy to answer any questions that Council may have. Anderson: ordering? Where's ,the- menu.-board located at-for TCBY Isn't it about halfway down that building? and where do you do your Thompson: That is correct. Anderson: > So a lot of'people are going to be stopped there reading the menu for a while. How much room do you. have there for stacking cars? Thompson: I'll have Rob :Haggett address where that is located. Haggett: ,It's located approximately 40 feet from this northeast corner of the building. As we ,stated earlier I think the hours of operation we don't see that as being a problem. But the order board for TCBY is actually about the middle of the building. I haven't actually„measured it, but I%would say it's about the middle of the building and then their window~is on-the far side~of the building: Anderson: ~ The building length is'how long? Haggett: 120 feet. .. ~~ r Corrie: Any questions? Rountree:. Mr. Mayor. Corrie: Mr. Rountree. Rountree: 'You said; you testified that a car couldn't turrrinto that-curb through the landscape area even if they we`r'e in the other lane making the~furn; they couldn't make the turn into there. My question is then how do you et out of its g Bird: Th"ey go straight. • MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 50 Rountree: It's the same turning radius.. If you go into the other lane. Haggett: This is a letter I submitted .to staff which had some samples of work and I would submit this to Mr. Rountree. (Inaudible) is not possible and that is with the astro design vehicle. If you're taking a 90 degree turn out of here from there, (inaudible). Rountree: That clarifies it. You didn't state the (inaudible). Wouldn't it be just as critical to have a do not block pavement marking for vehicles moving north as you have for vehicles moving west through TCBY? Thompson°: I agree that's critical. However I would certainly want any vehicle exiting. out of there to make sure it's safe to proceed before they do. I would be more concerned to make sure it's safe to get on to the loop road than worrying about blocking the intersection. As far as this is not a striping plan by, any means. It's certain something we want to work out in the final plans. Anderson: Is that a landscape berm? Thompson: It is. Anderson: Are„you going to remove some of that shrubbery and flatten that for visibility? Thompson: The existing landscaping, they would have a sight distance problem that they would have to address. Anderson: And the speed limit on the loop road is what? Thompson: It's posted at 25. Anderson: Okay. Bird: I got a question on their permit, conditional use permit, their site plan was prepared by BRS Architecture. We still using that same site plan or do we have a new one because we have not received a new site plan. Thompson: Welf this is the modified site plan. The site plan originally submitted, the existing site plan was prepared by BRS. We've modified this site plan as shown, which is the site plan that's proposed. Bird: Is there an exhibit? .. Siddoway: Sorry, Mr. Bird, I did not hear the question. I know it was in reference to the -BRS. Bird: No, the new site plan that they're proposing right now is there an exhibit of it or are we still just doctoring up BRS's? Are we going off of things like this? Siddoway: They submitted these site plans to me yesterday, and I prepared these overheads with them. Thompson: We have not prepared a detailed site plan at this time. We wanted to make sure we had one. This is a conceptual plan that we would propose to offer. ~~ ~~~ MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 51 Bird: How far up from your southeast corner is the window going to be? He said something about removing the door, which is probably 20;feet up the wall or something. Is that what they plan on doing? ~ , Thompson: rCouncil the window as shown here with that little outcrop, the existing door is actually right next to it, and I encouraged them to move that service window as far forward as possible. _ x Bird: That's a`>good idea, because you can get a `couple of cars in there. Thompson: It also works a little befter with their service counter. Bird: I was just wondering what that was the little window there. Thank you. Come: Any other questions? Thank you. Anyone else would like to issue testimony in this request for conditional use permit? Hearing none,, Council-any other questions of staff or the people from the public .hearing? ~ , Bird: 1 have none. Corrie: Hearing none, I'll entertain a motion to close,the public hearing on item .number 19.. Bentley: So moved. Bird: Second. Corrie: Motion made and second to close the public hearing on item number 19. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES.. Corrie: Discussion? Bird: Mr. Mayor, I would like a procedure question. What we do if we pass this,"we've got thee-Findings `of the Planning and Zohing Commission. Theirs is based on the prepared BRS's drawings, and now we're being asked to 'do the conditional on'.another set of drawings that~we don't have in`ou`r possession. Whatdo we do Counselor? Gigray: Mr. Mayor, Councilman Bird, the decision that the City Council made before in denying the conditional use permit one of the Findings of Fact which'was the center piece I believe of Council's action was item number ten of these findings. Of course I believe the concern and ~as I drafted those findings grid listening to the deliberations of the Council that were raised were those points arid`those points were of course directed to the specific site plan that was directed which was a rather complete -site plan with regards to where the' location of various app"u'rtenance`s of this facility would:. be and the Traffic flow and so on.` 'If you were going to be: inclined'to"grant a conditional use permit if you find that-these concerns have been resolved;'then I would recommend you might consider fashioning conditions with regards fo'the site development of this property that would alleviate those concerns. , If you feel that that's alleviated by the proposed site improvements that have`been submitted here, that was why I believe the question was ~-. ~.~~ ~~. MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 52 this an exhibit? That could be referred to, whether that's detailed enough for you. If it isn't, and there's specific conditions that you would want as a consideration' of granting it, you're going to have to articulate,what those are., I prepare an order that has conditions of the conditional use permit that are going to set those out for you. Corrie: Okay did that answer your question, Keith? Bird: Yeah, I still got another quµestion. I don't - I mean I have no problem with the drive through,,don't get me wrong.there, but I don't know how~you can put something like that without more detail. I want to see footage and stuff on the drive through and how far up the window is going to be and for our records, I can't go off that proposed site improvement thing and pass it. I mean there is nothing on that. Gigray: Mr. Mayor, Council, just a .point of procedure if the Council is of the same opinion as Councilman Bird is~my recommendation would be that you might consider reopening the public hearing and that you might direct the applicant to present those final plans for your consideration and inclusion ~in the public hearing so that you might have the benefit of that detail in making a final decision. You just move to reconsider and open the public hearing back up if that's your decision. I don't know that that's what the other Council wants to do. Bird: I'm in favor of doing that. I don't want to hold-the people up any longer on this deal, but is this the detailed site that you got? Do you have one that's got all the - Siddoway: I do not have a more detailed site plan that shows window elevations and such: Bird: No, I don't care about the elevation or anything. I want from the corner of the building how far up this is and how far the reader board is, how wide that thing is. Is -that 50 feet wide or is it 5 feet wide? Between the berm and the building and stuff like that. I want to see that. For the City, I think we need that on file. I mean we're looking at this thing right here. We -don't know what we got. I mean that two crosses up there means thaYs the drive through window, but you know it-might be three quarters ofahe way up or two thirds of the building. I want some footage and some stuff lined out on a site plan. I wanf a real site plan if I'm going to pass something like this and I have no problem with passing it, but I want a "decent set of prints, sites to look at. Anderson: Mr. Mayor, I would like to make some comments. First of all, I sympathize with the applicant in this situation. Unfortunately I think that this building and the configuration on this- particular lot just does not lend itself well to separate drive ups. If it had more space around it, I would be more amenable to it. I think even the proposal that we're looking at here tonight and I appreciate you coming back and bringing that to us and letting us look at that. I personally do not think it's a good situation where we have two lanes crossing one another. We're making an intersection in a very tight space. I think we create a traffic hazard and a safety issue allowing these people to come out on the. loop road there. The landscaping issue. to me and. the line of sight is going to be a safety concern. I know that's posted at 25 but I've been through there lots of times ~ ! MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 53 when people are going a lot faster than 25. I think we're going to play on people's nerves a little bit when they're trying to get in line. They're trying to pay attention, they're trying to read the reader board or a menu board and what they're going to be ordering. and there's someone else crossing across the same path even though the percentages are 75% you still got 25% of the people that there's a possible conflict there. So my personal feeling is that this is just not a good option and I sympathize with you and. maybe a different location or a different configuration, but I would not be in favor of having two drive ups that cross one another in this kind of situation. That's my thoughts. Corrie: Anyone else? Rountree: After that I don't have anything more°to say. Bentley: I just say I would agree with Councilman Anderson. We turned this project down `before for some of the same reasons, and even though they've made a concerted effort to try and improve it, I just don't think it's going to fly. Thank you. Corrie: Any other comments? Okay, I'll entertain a motion on the request for conditional use permit. Bentley: Mr. Mayor, I move we instruct the City Attorney to prepare Findings of Fact and Conclusions of Law and Decision and have that decision reflect denial of the application for a drive through for Moxie Java. Anderson: Second that. ' Corrie: Motion made by Mr. Bentley second. by Mr. Anderson to have the attorney draw up the Findings of Fact. and Conclusions of Law for denial of the conditional use permit for the drivethrough at Moxie Java: Any further discussion? Hearing none, all those in favor of the motion- say aye. , MOTION CARRIED: 3 AYES, 1 NAY. Corrie:. Mr. Attorney if you will draw up the Findings. of Fact and Conclusions of Law for the denial of the conditional use permit. Gigray: Yes, Mr. Mayor and as I understand we do this, we submit it at the very next meeting for your consideration. 20. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT INCLUDES SIGNAGE FOR CHEVRON C-STORE WITH GAS PUMPS & DETACHED CAR WASH, MCDONALD'S WITH DRIVE-UP WINDOW (SAME BUILDING AS C- STORE) & IDAHO UNITED CREDIT UNION BY EAGLE PARTNERS-NW CORNER EAGLE ROAD & MAGIC VIEW DR: (ATTORNEY TO PREPARE FINDINGS) Corrie: At this time I will open the public hearing on item number - .+e ~ ,. ,+ • ~ ~ x a interoffice - ~ e =~ M EyM O R A N -D U M z R~c~~~ To: William G. Berg, Jr. ~ SEP - 2 999 .From: ~ .Wm: F. Gigray, III ~ CITY OF MERrDIAN Subject: CONDITIONAL USE PERMIT FOR MOXIE JAVA BY: AVII, L.L.C: File No.: ':CUP-99-015 Date: e September 1,.,1999. Will: ` Pursuant to City Council's action at their August 17, 1999, meeting pertaining to the Conditional Use Permit application by AVII, L.L.C.~.for the proposed drive-thru for Moxie Java, and Council's denial thereof, please find attached "the original of.the ORDER AFFIRMING FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT for Moxie Java. q This may be presented to the Council at their September 7, 1999, meeting: Please forward conformed copies to the Applicant, Planning and Zoning, Public Worlcs Department, and the City Attorney. If you have any questions please advise. msg/Z:\Work\M\Meridian 15360M\Moxie Java\BerglLtrCUPDenialORDER090199FFCLOrd - 3 y ~. A ?& ~ • A a~ "' nom'- `~~~r~ ~i. MERIDIAN CITY COUNCIL MEETING: AUC„~UST 17 1999 APPLICANT: AViI LLC AGENDA ITEM NUMBER: 19 REQUEST• CONDITIONAL USE PERM11' FOR DRIVE THRU AT_NIOXIE JAVA AGt=NCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY; CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION REVIEWED SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~ GjI ~ ~I US WEST: ~~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Ail Materials presented at pubi'~c meetings shall become properly of the City of Meridian. ~. Meridian City Council Meeting July 20, 1999 Page8 ITEM #3 FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR ADRIVE-THRU FOR MOXIE JAVA BY AVII L.L.C.---1800 N LOCUST GROVE RD. Corrie: Before we get started on this council, I've been advised by legal that in a code section 112418E, that might be a good idea since we could have a public hearing reset to the city council on the original application. Because we got some information back that was not in the public hearing and it needs to be under a,public hearing. (Inaudible) do that so that would be one ofathe,suggestions that we could do to have a request for< that proposal again... It wasn't.a public hearing the last time- and I think some information was given that the public had not been aware of. My recommendation is to reset this to the city council for the. original application again in a public hearing. Discussions? Nobody's going to take my (inaudible)? Bird: We're thinking. Corrie: Oh, you're thinking. Bird` It takes`a long-time. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: Explain to me then how the applicant would ever get to put their project before us? Do they have to go back to P&Z? Corrie: No. Anderson: Or they come back and request a public hearing from us? Corrie: That's correct. On the original application. Then you could do it. They wouldn't have to go through planning and zoning. They could come directly to you for the hearing and information to you. But that's about the only way you're going to be able to take any information from them that they didn't have at that time and didn't give us because they didn't have the opportunity to give it to you. Or you can just deny the whole thing and just leave it as it is. Anderson: Well, I would like to see them have the opportunity to present their information to us. And if that requires a public hearing I would like to see it go in that direction. Bird: I agree with you Ron. Mayor ROBERT D. CORRIE ~~Inbers CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: ~ ~ ~ - 3 1999 June 3, 1999 To: Planning & Zoning Commission/Mayor & Council CITY OF MERIDIAN From: Shari Stiles, P&Z Administrator ~~ Re: REQUEST FOR CONDITIONAL USE PERMIT for aDrive-thru Window at Moxie Java (Locust Grove and Fairview) by AVII L.L.C. (Rob Haggett) I have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. In the original approval for this lot, two drive-through windows were proposed in a conditional use application. The second drive-through was denied because it was felt two windows would have too much of an impact on the adjacent residential uses. 2. No additional signage has been proposed, and none is approved. 3. Staff recommends that this application be denied due to the inadequate stacking depth and potential for serious traffic conflicts resulting from vehicles entering either the Fred Meyer parking lot from Loop Road or entering the drive-through lane for TCBY. f HUB OF TREASURE VALLEY LEGAL DEPARTMENT A Good Place to Live (208) 884-4264 CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (2os) s8~-2211 Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT R~cE~D (208) 884-5533 MoxieJava.CUP BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. CUP-99-015 REQUEST FOR,CONDITIONALak'_~ ) ~ _ ~ ~ . ~LJSE PERMIT FOR ADRIVE -' ) RECOMMENDATION TO CITY THRU WINDOW ~ ) COUNCIL ..~ .,:.Applicant ~ ,~ ,. ~ ) ) ~ E v INTRODUCTION ~ ~~ ~ ,~ ~ ,~ 1. The property is located at 1800 N. Locust Grove Road, Meridian,, .Idaho. .. ~% r 2. The owner .of record of the subject property are AVII L.L.C.,of 590 N. ~a ~. i i. Maple Grove Rd., Boise, Idaho. 3. Applicant is the owner of record. •~ 4. The subject property is currently zoned General Retail and Service Commercial (C-G). The zoning district of General Retail and Service Commercial (C-G) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(11). 5. The proposed application requests a conditional use permit fora drive- thru for Moxie Java. The General Retail and Service Commercial zoning designation within the City of Meridian Zoning and Development Ordinance requires a RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT --DRIVE THRU WINDOW AVII, LLC HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN PUBLIC~WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 8364 11 ~''-os> ss~-'z i t RON ANDERSON Phone (208) 888-4433 • Fax (208) 88 ~ ~ ° ~ ~ ~NNING .4ND ZONING KEITH BIRD www DEPARTMENT MAY 101999 Izos> g~:~-„~~ City of Meridian City Clerk Office TRANSMITTAL 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 1, 1999 TRANSMITTAL DATE: MAY 4, 1999 HEARING DATE: JUNE 8, 1999 FILE NUMBER: CUP-99-015 REQUEST: CONDITIONAL USE PERMIT FOR ADRIVE-THRU WINDOW FOR MOXIE JAVA BY: AVII L.L.C. LOCATION OF PROPERTY OR PROJECT: 1800 N. LOCUST GROVE RD. TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT ~? FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL. PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~ ~~ r U ray .a .,,~ y'~c ; S W t ~+ O~ ~~ ~2 • ! HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAl~T (~O8) $~~ ~~~~ PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (~~~) ss~-271 I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTS-TENT (208) 881-Si33 TRANSMITTAL 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 1, 1999 TRANSMITTAL DATE: MAY 4, 1999 HEARING DATE: JUNE 8, 1999 FILE NUMBER: CUP-99-015 REQUEST: CONDITIONAL USE PERMIT FOR ADRIVE-THRU WINDOW FOR MOXIE JAVA BY: AVII L.L.C. LOCATION OF PROPERTY OR PROJECT: 1800 N. LOCUST GROVE RD. TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) '/ YOUR CONCISE REMARKS:_~~a.~K-s RECE~~ MAY - 7 1999 CITY (~~' N1~RIDIAN _v,_.m .~_. _..-.,..~.. _. . . _._ .._~ _ ..~ _w..._ w ... _ _.. . ~ ~ ci t ~~ t t ~: ~ ~ o~c~2 c T"i ~ ~,va c~ ~Cc ~`ta. 3 F ~~ # ~ d ~ ~ m 7 .. ~. ~ }~}~.~- ~...I Sherry~R. Huber, President 318 East 37th Street ~ --1'- Judy Peavey-Derr, Vice President Garden City Idaho 83714-6499 ~,~~ ~. r ` ~ ~'°~~ Marlyss Meyer Routson; Secretary ~ - , - LL Phone~(208)'387=6100 a ; ~ °-Dave Biv.ens, Commissioner`° Fax (208) 387-6391 - Y~ Susan S. Eastlake, Commissioner a-mail: tellus achd ada id us , . . . -~ ~ May-18, 1999 ~~ ' City of Meridian - '~ ~`~~'' , 33 East Idaho'° ~"- r ~'°•"`' ° ~'~~ . ~ ~ MAY 2 1 19~~ Meridian, ID 83642 ' ~h .~ , , nrp ~t• .. ~ x..~ .~ . r _. ~ _ ~ .-~~ ~'GIT~ OF NIEI~IDIAI~~=at _~. '` -`a _. ., ra {„~ `~' r •~ ~ t y~;- , , t`, w:.; a. , °Sti .. bi~~ '"~!' C8`kTl_y ~,. Re: MCUP99-0015 1800 N. Locust .; t .. f at' %, _ ^* . s ~ ",z° > ip":,~ # E Sz' <rr¢,ys s. ,t, ~ ~ ~ ~.~i='_~F_~° `_«~ _h# ts,.~E, The Ada CountyeHighway District (ACHD) staff has received and 'reviewed the application and site plan for'~the item-referenced above. This item wlhnot be°heard'by the ACHD Commission unless the, site plan is changed in such a manner. as to requre~Commission, ~ , , ,_, , ,, } t +, ,; q. ,. ~• ,., k ~" ..~, , , _- 3 . pit review. 'All future de'signrplans"arid~construction"shall beFin'accordarice with the Ada County ~~`~.,.q.. `~~'~=;ate" ~` ~ Highway Distrct'Polcy Manual, ISPWC Standards and approved supplements, Construction wr t npeb~/ the Distri t d all applicabl ACHD Ord~nances~unle~s~s specifically wai fed in,~ ~~ b > ,, t r f' _~ 1'~ Crt?~f•.t~`':t..g ~,.. ~.,~:}li„,C?".#"S S,-i :"~' -`C '~`"~' *;~'t .i ~ ~ ~~., $... '9a. ,a r, Contact Ms. Joyce Newton.-for;paymerit.bf possible'road impact fees prior to building construction in accordance with- Ordinance #188, .also known as Ada County Highway District Road Impact Fee'Ordinance "' ~~- ' ' -' ~} '' .:, ''~'" 3 v_„k ., a s {v i !.N'°,°-~".r, "yi'1o-.'~. x If you have any questions please feel free to•call me at 387-6170. Sincerely, ~~ 1~..` .. _ .~ t"ICi4"' # . _''d ., +",> . t. t° ° ,~ x,z ., _ ~; a¢' s ~ ~„ i ~,~F...'t°t: r',. ~ 1 (1",~°,~'C Chrlsty RlchardSOn° tir ,'. t :'. t3 ~ h `__ ` t s ~" r f~ i t~ `~ i ~?~ :rz~ t; :a3 ~ ~.~ s ~ ~ s. _ ~:.. ;3~~.~„ Development Analyst ' cc t ~- Projecf~file ~"'t,~= ~ ,,, r ~ ~~t~ . ~ # t~ ~. _ r y~> o~~. ~~ ~ ~,~ r° .} pq ° i a _~'~.. ,1 ~ ~v - .~_..~.__- -.: ...~.:,.. n.....- .mom ~ ,.-,,.. .,..a.®...._..._ -_ .,x ,,: -.~,--`-_`m..%~-ra.~...~ .~.., .....- ~-..:., ..,-+C"`?4 ,r~„"_'Y..°~'~R'.,'~-n,~--^. ~...., _,... °'z.,.~.°..."~"a:..- -... .....R. ..-= r.-r ~~~'~#q ~}~~~ w .', ° . ~Y ~oxie Java~~ ~~ustomer.'- ..wry._..~._ M ~' °C F F_ ~'~ • f •. ... 'k "i t ~ .E t f • ~.3 .i .. The owner of Moxie'Java at 1800 N g Locust~Grove Rd..in Meridian,(Fred =~ +~ Meyer Slioppirig' Center) •lias apphed~ with ;the City>.of Meridian fora . ~~ . ~ ~ ~, ~ ~, Conditional;~Use Permit to allow a dr'ive'th'rough~window on the East end of thei6uilding:°`If°approved;~we°will be better~able to serve you the.~beverage of ~`~t' , your'choice as`quickly~as~possible. ~ ~ ~ ,/ ~~ .. „~,r . _ ~...,; R -r. ..... If ou are in favor of the addition of adrive ;through window, please rsign r y n ~ ~ e ~. , ~ .. ,. , ~. . ~ ~. ° `° this`petition~to•°show-your support. ~.y'_~ _ ___ ~ _. _ ~°_ __ _ ~-. ~ ,..r i -- ~` /'~C-~i`1r-ems' ,; ~~ ~, . . r ~. ,. ,. .. F C ~ ;; . Imo- ~~ ~:~"..,~ ~ ~. y ~iG ,.. ~:... .~ 6 3 ... ~ .. ~ . 4There,will lie; a Public Hearing; Tue'saday, =August~l7th,,;7:30 P.M. at Meridian City Hall..~~:We~would appreciate your attendance°,andfpublic support at this ~'•" "the Custo~ner.f - ~ .F. ` ~~~ , ~ ~a,meeting:~~Please Help`"Us" to~be able to better.'serve. You, _ _„~ _ ~. Yeu` are not required to attend'the meeting if you.. sign this}petition.. ,: a _, _ti ~r_ ~ y ...,~. ~ Ate: ~ # - f ~ a ~ ~ ~. NAME . ~ r.. ~ ~,~.~{ :ADDRESS . ~~~}~_._~. _ • PHONE #: ~_~ ~ ~~ ~~ ~ ~ -. ~(: _ G;~7- _ ..~ , ~ ice: _ ~ _._--- ,, , ~.. x ., ~ ~~ _ -~.. _ . C ~: ~> ~.. n,~. A •~-- ;. . ~ S 7~ `'/~~ ~ ~ ~ ~, ,, ; ° ~~ rtY{5 ~~ ~ x: , _ ^ ~ :~ ~, _ •~ - - _. ~..~,o _ ~ , .. .r ' ~~: -gin': _ ~ ~~~ ._ _ ": i/i'~,..~. .~ , 8.~ ,~ ~b.~~ ,l ~ `~ ~~~~ ~>~~l 1.. -~ ~~,~ L,,_._~ _._~_ _ .... 'w. ...._ ,.._.. ~, G ' 9 ~' ~ REcED MAY 1 9 1999 ORGAKIZED 1904 CITY OF MERIDIAN ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 0 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has no comment on the above referenced 17 May~1999 Will Berg; Gty Clerk City of Meridian 33 East Idaho Meridian, ID-83ta42 -~ - . _ _r I _ Re: CUP-99-015 Drive-Thru Window for Moxie av a Dear Commissioners: application. Sincerel~y,/~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File -Shop File -Office ~~, Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 '"'k W ._. y a .. .. ~ 1 ' -.::. .. .. ~.:.:: ~. ,: :. t, ~ ,. ,. a. _ ~ ~. cENTRA~ CEN ~~ AL DISTRICT HEALTH DEPART , NT " ' •• D~STR~CT - Environmental Health~Division PRHEALTHy°r .: ~ ~ . ~ . " ~, DEPARTMENT "~ *'~` ~ ~, F: a . -.x 1 `Rezone # ` -~ Conditional Use # ~Ll. P• - ~ ~ '--C7/1"~ ' r ,Preliminary /Final /Short Plat° ~. ~~ _~ Return to: ^ Boise ^ Eagle ^ Garden City ,~ Meridian ^ Kuna ^ Acz I. We have No Objections to this Proposal. ~ ~,~ MAY 1 2 1999 k ^ 2. We recommend Denial of this Proposal. • ~ ~. ~ 'CITY OF I~'IERIDIAN ~ ~ ^~, 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ~ .,, ~ ~ ^, , 4: r We will require more. data concerning soil, conditions on this Proposal before we can comment. ~ ~ . r * .. ; ^ 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`bedrock from original grade ^. other ` ~ ^ 6. ,. This office will require a study xo assess the impact of nutrients and pathogens to receiving ground waters and/or " surface water's. ~ ~•" ~^ 7. . This project shall be reviewedyby the Idaho Department of Water Resources concerning well construction and ": •` water availability. .T. .x" „' ^ 8. , After written approval-from appropriate entities are submitted, we can approve this proposal for: ^ central sewage" , . ^ community sewage system- ^ community water well " ^ interim sewage ^ central water ~ '' ^ individual sewage ^ individual water ~ ^ 9. The followingplan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, ~: Division of Environmental Quality: ' ^ central sewage ^ community sewage system ^ community water ' '~ ^ sewage dry lines` ^ central water t ~"~'^ 10. ~ Run=off is not to•create a mosquito breeding problem. ~ f " T ,~ ~~,," ^ I I. Thisbeparfinent would recommend deferral until high seasonal ground water can be determined if other. y considerations indicate approval. s 12. 4 If restroom facilities are to be installed,~then a sewage system MUST be installed to meet Idaho State Sewage ,Regulations. ~ r ` 3. We will require' plans be,submitted for a plan review for any:, ~` ` ^ food establishment ^ swimming pools. or spas ^ child care'center ^ beverage establishment ^ grocery store ^ 14. Date: -~-/ /D /~ l ~ Reviewed By: ~,dr~•~ ~`J „ .~ '~ ~ . k r r s .<. ' - . ` ,F. Review Sheet ' t, [DHD IO191 «b, rev. 1/91 '~ " r if .~du cou~:t~~~~~wu~ ~~~t~~~t Sherry R. Huber, President 318 East 37th Street" Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlys Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a-mail: tellus@achd.ada.id.us May 18, 1999 City of Meridian 33'East Idaho ~~ ~ ~ ~~Y ~ 1 ~~~~. _ ~~ ,. .. ~: -, ~~ ~. Meridian, ID 83642 CITY OF 1VIE~IDIAN .Re: MCUP99-00151800 N. Locust The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above.t This item will not be heard by the ACRD Commission unless the site plan`is changed in such a manner as to require Commission ~: review. ~~ - All future design plans 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 Ordinahces unless specifically waived in writing by the District. ~ ~` .Contact Ms. Joyce Newton for payment. of possible road impact fees prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance.. r . If you have any questions please feel free to call me at 387-6170. z .. Sincerely,. L'~~c~a~ ~P~r~~ztia~~ a Christy ORichardson Development Analyst _ ~ ' ` .. ., , cc: Project file ' • • conditional use permit be obtained for most uses` including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section I I-Z- 409(b)). 6. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 No additional signage has been proposed, and none is approved. Adopt the Ada County Highway District Recommendations as follows: 1.2 All future design plans 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 ACRD Ordinances unless specipically waived in writing by the District. ey/Z:\Work\M\Meridian 15360M\Moxie Java\1'Z99015.Rec K RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT =DRIVE THRU WINDOW AVII, LLC ~, Meridian City Council Meeting July 20, 1999 Page9 Rountree: Is that a motion? Anderson: Then I'll make that in the form of a motion. Bird: And I'll second it. Corrie:. Ok, motion being is that is that on Tuesday, August 3`d they will have a public hearing. Is that all right Mr (inaudible)? Can you notify that next one? OK, that's right, so it would be the 17 h. So you can notice it? The 17th? Ok. So the motion is to have the public hearing reset for the 17th of August in a full city council meeting on the original application. Motion made and second. Any further discussion? Hearing none, all of those in favor of that motion, say aye. MOTION CARRIED: ALL AYES. Corrie: So, City Clerk, if you will notify them on that we can hear that request. ITEM #4 FINDINGS OF FACT AND CONCLSIONS OF LAW: REQUEST fOR VARIANCE FOR REINSTATEMENT OF APPROVED PRELIMINARY PLAT FOR OLSEN BUSH II BY R2 DEVELOPMENT, INC.---WEST END OF LANARK STREET: Corrie: Steve, did you find anything on the old findings of facts on this one. Rutherford: Mayor and members of the city council, I did. I spoke with Will a little bit and reviewed the file and spoke with my secretary. Bill wanted that old findings of fact sheet and conclusions of law for the purposes of the development agreement that he was in the°process of looking into before the final plat of this deal comes about. So I don't thirk you need to consider that tonight. I think you can go forward on your decision on the variance. Corrie: Ok, council you had the findings of fact and conclusions of law on the variance request. Any discussions? Rountree: I have none Bird: `I have none. Corrie: I entertain a motion on the request on the findings of fact and conclusions of law on the request. Rountree: Mr. Mayor? Y.. M1 F .. \" Moxie Java Customer g The owner of Moxie Java at 1800 IV. Locust Grove Rd. in Meridian,(Fred ` Meyer Shopping Center) has applied with the City of Meridian fora Conditional Use Permit to allow a drive through window. on the East end of the build~ing.r If approved, we will be better able "to serve you the beverage of your choice as quickly as possible. • If you are in favor of the addition of a`drive through window, please sign ` p this petition to .show your support. There will be a Public Hearing, Tuesday, August 17th, 7:30 P.M. at Meridian City Hall. We would appreciate your attendance and public support ~at this meeting. Please help "Us" to be able to better serve "You," the Customer. Yeu are not required to attend the meeting if you sign this petition. NAME : ADDRESS: • PHONE #: - do~J~ r~. ~J~oY t: • .~ b:> ~.; 1 g') ~ ~ , .~~ ~ ~~~t~~ i~~ :~.\ . ~ .r,. ;~ ~~ ~-u~~~;,~1 rt ~ I (~ _. f ~~ ~~ L~~ ~./ ,~ Yl.. ~ n _ ~/ it 7 I 1 ~;• ~-~ ~~ -~~~~. ,~ _..... :, a ~~ (~ ( G G X~O ~C~~f 14.) /06Zi ~ ~7~ ~ lt~~ ___ . P ~ , ~~ ~-~1' 6 ~. 17..) - - ~,/ ~~ Q ~r 18.) I , ~~~~ 20.) _ ,3g~~ c~, 2 ` < _ _....._ 26.1 28. ,,. r /~_.. ` ~,~ 2~ ----~-- ~~ ~~a ~a _ ~~~-` ~~ ~ ._ ~~ ~ ~ ~~ J ,_ _ _ __ _,. ~ ~ ~ r ~~.,..-^~. - b ~ .., e _ ~ _ .... .. _,.. ~ - Y .,. ..., ,,.., m ,.. _ .~ ~y~ ~ , "l y ~~ ~~ ~ S ~ ~ ~ C ~~ ~s ~ ~~ ~' ~ f { ~Ge'1~iv~ Cwt -. ..~ ,. .. ~~~ -- -~.. - .. _ ... ~ .... a m. ~ .., ... ..~ .g..~ ~~ ~. 3~~ ~~. J ~.~ ~o~ r ~. ~.~ ~, a ~~~ ~ a~ ~~~ ~. l~ ~~ {'~/ ~i~X/ V L~ } 5 F, . _ ~. ~~~ ~~ ~~w~ ~~~ 1/ } 1 S cx~es r~~r~d\ ~ .. C:~V ~~ r _ r ~ ~~~ ,;;~- ~ i~ _. ~. _. v ~ ~ r ~~ .1~'~ I ~~.j~ ., r~,~ . ~' ~ ~~~~ '1 ~', ~i z ~~ , ~. ,_ ~~ r:~~ ~:,~..~ ~r ., .` ~ ~ _ ~. ~ C .. -~. tl ;, ~, ~'~ r:~" -,_, ,~,~~ ~ ,. ~~ E ~~ ~. .~~~-~ ~- -,~~ ~ ~_~ , ~~`~,~ (~F`~~r ~~ ~ - `'"~~~s \~ ,~ I ~` Z w~ c--. . ~t, ~~ ~~_ ~~~ ~ APL I2Q1c~ ~ 3 1 ~~ K 5 ,. Iq3~ ~ ~~S ~~~r 3~~a ~ ~~~ -~ c z 401 '~~~ ~1~. r 1'r1~~0; J l$~s ~ ~ C~ ~~ Z~-ZZ~~1 ^; 3~~ - ~ e7 ~ ~~-~ has .~~~~ ~. ~'~~ - ~lCp~'~Z ~j L-' :~"~, VI~ a I g ~ -~ ~ ~ ~ ~ ~3~ ~~-- c~ ~~ ,~~, I `I. ~~ .;~'~" A' V ~ ~1L/ ~ r /~ 1 _ k ~~~ \ .e I , v ' g~~ _ ~~~ `Z,~2 ~-- ~~ S" ~ /~~~~ ~r. ,mac <3 ~'_~ ~ ~ 2: Z 1 2D,. ~ ~ w t G . Z~~~I~ ~~ ~~ ~~~~ ~~ _ ZOI~, ,~.`~~ ~ <S~e~-- - ~~~ -- =: y ~ 1~ a Z ~_ '~- ~ ~l Zo S, ~ ~~~ ~~~ -~ ys~ ~ ~ „~ ~ 1/7c r 1 J\ v~ ~~ ~lU~ ~ ~ ~ j~ Gs.~ ~r~sy ..Z-~ I~ 2-i~) _ ~ ~ ~ ~ ~~ rye ~ ~Zl~~ ., -, •~ MERIDIAN CITY COUNCIL MEETING: JULY 20, 1999 APPLICANT: MOXIE JAVA AGENDA ITEM NUMBER: 3 REQUEST: CUP FOR DRIVE THRU AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED ORDER OF DISMISSAL CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: 4 MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~I tLr~~' ~ a 1~~ ~a~ ~~ ~V BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ * ~,, • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUESTy ) FOR CONDITIONAL USE PERMIT FOR ) A DRIVE-THRU WINDOW AT 1800 N. ) LOCUST GROVE ROAD, MERIDIAN, ) IDAHO, BY AVII, L.L.C. ) CUP-99-015 ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT This matter is before the City Council for decision without public hearing by reason of the provisions of § 11-2-418E~of the Revised and Compiled Ordinances of the City of Meridian, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, including the Planning and Zoning Commission's Recommendation to the City Council, and Shari Stiles, Planning and Zoning Administrator, having given a report, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order of Denial of Conditional Use Permit. FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning,.Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and. all current zoning maps thereof and the Comprehensive Plan of the ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 1 USE PERMIT /DRIVE-THRU BY AVII, L.L.C City of Meridian adopted December 21, 1993, Ordinance #629 -January 4, 1994 and Maps. 2. Staff has complied with the requirements of LC. § 67-6509 and 67-- 6512 and §§ 11-2-416 E and 11-2-418 E. 3. The property is located at 1800 N: Locust .Grove Road, Meridian, Idaho. 4. The owner of record of the subject property are AVII, L.L.C. of 590 N. Maple Grove Rd., Boise, Idaho. 5. ~ Applicant is the owner of record. 6. The subject property is currently zoned General Retail and Service Commercial (C-G). The zoning district of General Retail and Service Commercial (C-G) is defined within the City of Meridian Zoning and Development Ordinance, Section 11=2-408 (11) . 7. By reason of the fact that the real property, which is the subject of this application, is within a Commercial Zoning District, and the Planning and Zoning Commission had a public hearing, the Council did not conduct a public hearing as provided in § 11-2-418E of the Revised and Compiled Ordinances of the City of Meridian. 8. The proposed application requests a conditional use permit fora drive- thru for Moxie Java. The General Retail and Service Commercial zoning designation ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 2 USE PERMIT /DRIVE-THRU BY AVII, L.L.C • 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 11-2- 409(b)). 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. T0. The proposed conditional use permit request as proposed in the Site Plan. prepared, by BRS Architects, Drawn KWF, Date 4APR95, Job No. 9431.09, Sheet A-1, :presents a juxtaposition of the existing drive-thru lane, the proposed drive- thru lane, and the neighboring traffic, pattern for adrive-thru lane in the parking lot of the Dakota Development which creates at least two traffic cross-over patterns which are found to be designed, constructed, operated and maintained to not be harmonious and appropriate in appearance with the existing and intended character of the general vicinity, and will involve uses, activities, and conditions of operation that will be detrimental to persons, property or the general welfare by reason of excessive production of traffic flowing in incompatible and unsafe directions. CONCLUSIONS OF LAW 1. All procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 3 USE PERMIT /DRIVE-THRU BY AVII, L.L.C F • '• owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code § 65-6512 and pursuant to § 11-2-418 of the Municipal Code of the City of Meridian. 3. The City has the authority tb take judicial notice of its own_ ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State 4. The property is currently-zoned General Retail and Service Commercial (C-G). The.(GG) General Retail and Service Commercial District is described in the Zoning Ordinance, 11-2-408 B 11 as follows: "(C-G) General-Retail and Service Commercial District The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial - development and encourage clustering of commercial development". 5. -Idaho Code § 67-6512 (a) provides the authority to grant special and/or conditional use permits "....when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 6. -The proposed application requests a conditional use permit fora drive- thru for Moxie Java. The C-G zoning designation within the City of Meridian ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 4 USE. PERMIT /DRIVE-THRU BY AVII, L.L.C r: Zoning and Development Ordinance requires a conditional use permit to be obtained for most uses including those requested by the Application. (Meridian City Zoning land Development Ordinance, Section 11-2-409). 7. The Zoning Schedule of Use Control as contained in the Zoning and Development Ordinance of the City of Meridian, § 11-2-409, provides and regulates the type of use allowed as either a permitted use or a conditional use. 8. Conditional Use Permit is defined in the Zoning and Development Ordinance, -City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 9. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to § 11-2-418 H IVlunicipal Code of the City of Meridian and Idaho Code § 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development,. assuring the development is maintained properly, and on- site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to .prescribe a set time period for which is a conditional use may be in existence. 10. Section 11-2-418 D. states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 5 USE .PERMIT /DRIVE-THRU BY AVII, L.L.C • x made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and. Council may prescribe a set time period for which a Conditional Use may be in existence." 11. This application fora conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning and.Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 12. Section 11-2-418 C of the Zoning and Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the City Council concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would not'be harmonious with and in accordance with the Comprehensive Plan and thisOrdinance; c. The use is not designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the' general vicinity and that such use will not change the essential character of the same area; ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 6 USE PERMIT /DRIVE-THRU BY AVII, L.L.C • • s d. The use will be hazardous or disturbing to existing or future neighboring`uses; e. .Sewer and water service is available, but the applicant may Have to pay additional fees for the use; a f. The 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; g. The use will involve activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; F h. The 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; and i. The use"will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 13. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII § 2 of the Constitution of the e State of Idaho. ORDER OF DISMISSAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS- OF LAW, AND GOOD CAUSE APPEARING, IT IS HEREBY ORDERED AND THIS DOES ORDER that: 1) The applicant, AVII, L.L.C, is hereby denied this conditional use permit. ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 7 USE PERMIT /DRIVE-THRU BY AVII, L.L.C • NOTICE OF FINAL ACTION Please take notice. that this is a final action of the `governing body of the City of Meridian. Pursuant to Idaho Code Section 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing development may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 2, Title 67, Idaho Code. { The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. DECISION OF DENIAL ROLL CALL: ~ COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN BIRD COUNCILMAN ROUNTREE VOTED VOTED VOTED VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ORDER-OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 8 USE PERMIT /DRIVE-THRU BY AVII, L.L.C MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. Bye Dated: City Clerk msg/Z:\Work\M\~Vleridian 15360M\Moxie Java\FFCLOrdCUPDenial ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 9 USE PERMIT /DRIVE-THRU BY AVII, L.L.C .- cis ~~ 7-z0 -~~ REcErvED J U L 1 6 1999 CITY OF MERIDIAN ~I L ESTATE /NVESTMENT PROPERTY MANAGEMENT July 15, 1999 City of Meridian, Mayor Corrie and City Council RE :CUP-99-015, Conditional Use permit for Moxie Java Drive through window Dear Mayor and Council, I am requesting that the decision to deny conditional use for a drive through window at Moxie Java in Meridian be reconsidered by the City Council. I feel that the decision to deny this application may have been made based on facts from the decision that was made three years ago at the same location. There are issues that have changed since then. They are as follows Possible conflict with existing drive through : There has been concern from both Staff and City Council Members that there will be a traffic conflict between an existing drive through window at TCBY, and the proposed window at Moxie Java. Moxie Java does 70% of their business between the hours of 6 A.M. and 11 A.M. TCBY does not open for business until 11 A.M. SO% of TCBY's business occurs after 3 P.M. The architect for the project is also in the process of changing the plan to allow for a curb to bend to the East and allow exiting traffic from the proposed window to not cross the existing drive lane for TCBY. Impact on residential : During the Planning and Zoning public hearing on June 8, 1999, there was no opposition from neighbors and business' who reside within 300 feet of the proposed drive through. Moxie Java would like to be able to serve the customer better by giving them the option of using the drive through or entering the building. The proposed drive through is a benefit to the shopping center and the neighbors. • Conflict with cars exiting onto North loop road : Avest Lane is a private drive within the boundary of the shopping Center. Traffic typically travels around 25 mph along this road. There are many examples of drive throughs in the town of Meridian that exit onto busier streets such as Fairview Ave where traffic travels in excess of 45 mph.(Burger King, First Security bank, etc.) Also, by changing the direction of exiting traffic to the East, customers will have the option of turning North to exit onto the loop road, or South and remain within the parking lot. Executive & Property Management Offices: 590 North Maple Grove Road Boise, Idaho 83704 TELE /FAX (208) 327-0147 ~~1 s' ~l Room for stacking cars at the proposed drive through : The current plan leaves room for a minimum of three cars to stack up before entering a portion of the parking lot. The goal at this Moxie Java window is to serve the customer in less than 1:15. These two facts, along with the fact that the majority of business occurs during morning hours, before the shopping center becomes crowded, make this a viable request for a drive through window. Please reconsider this application for a drive through window at the Moxie Java on Locust Grove Road. Sincerely, Robert A. Haggett AVII Property Manager i ~~ .. _,. ~~ 1 MERIDIAN PLANNING & ZONING MEETING: JUNE 8 1999 APPLICANT: AVII L.L.C. ITEM NUMBER: 10 REQUEST: CONDITIONAL USE PERMIT FOR ADRIVE-THRU FOR MOXIE JAVA AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~C r BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS REVIEWED REVIEWED REVIEWED SEE ATTACHED COMMENTS REVIEWED REVIEWED lv ~~ All Materials presented at public meetings shall become Rroperty of the City of ~®~ ~~ a~{ ~~~ ~ ,, Me idian. ~~~~ ~~3- . ~ - REcE~D i n at e r o f f i c e J U L 151~9~ M E SM .O R A N D U M CITY OF MERIDIAN To: William G. Berg, Jr. /' From: Wm. F. Gigray, III Subject: CONDITIONAL SE PERMIT FOR MOXIE JAVA BY: AVII, L.L.C. File No.: CUP-99-O11 Date: July 14, 1999 " Will: Pursuant to City Council's action at their July 6, 1999, meeting pertaining to the Conditional Use Permit application by AVII, L.L.C. for the proposed drive-thru for Moxie Java, and Council's denial thereof, please .find attached the original of the ORDER OF DISMISSAL OF APPLICATION FOR .CONDITIONAL USE PERMIT for Moxie Java. This may be presented to the Mayor to obtain his signature only after ,the~City Council takes action upon the above ORDER adopting the ORDER. After you have executed the Findings please present copies to the Applicant, Planning and Zoning and Public Worlcs. If you have any questions please advise. msg/Z:\Work\M\Meridian 15360M\Moxie Java\BerglLtrCUPDenialFFCLOrd • • Meridian City Council Meeting July 6, 1999 Page 8 Conclusions of Law and Decision and Order reflecting an affirmative for this conditional use. Bird: Second. Corrie: Motion made and second that we approve the conditional use permit request and have the attorney draw up the appropriate Findings of Fact and Conclusions of Law on item number 8. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 9. REQUEST FOR CONDITIONAL USE PERMIT FOR ADRIVE-THRU FOR MOXIE JAVA BY AVII L.L.C.-1800 N LOCUST GROVE RD: Corrie: Shari. Stiles: Mr. Mayor and Council, this is the existing location where TCBY and Moxie Java are, the Fred Meyer site. The storage, units are down in this area here. At the last public hearing before Planning and Zoning Commission, the applicant did indicate they will probably be coming back in for this area here. They feel they've saturated the storage unit market there, and would possibly be r'equesting.Jimited office use for that area,.but~an application has not been submitted yet. Planning and Zoning Commission .did recommend that it be approved. There is an existing drive through lane.that goes to the TCBY here. Originally when this project was proposed and came through a conditional use permit, the two drive throughs were not approved due to the impact on the adjacent residential use across Locust Grove. They are now proposing -this is two way drive way here.. They're proposing that the drive through would be coming through. They'd. have to cross the traffic, have the drive through here and then they would be coming back on this loop road. Staff did not recommend this configuration due to what we feel would conflicts in the parking area. But that's about it. Do you have any questions? , Bird: They're coming down the road there Shari and coming up on the east side of the building is where the drive through is going to be, right? Stiles: Yes, they would be coming this direction and then cross traffic to go in this drive through lane and then they would exit through the loop road. , Bird: And they'd have to cross the drive through for the TCBY? Stiles: Yeah. Meridian City Council Meeting July 6, 1999 .Page 9 Anderson: (Inaudible) Stiles: Ada County Highway District didn't have any comment on it. The only reason they did not have comment on it is because they have no jurisdiction over parking lots. Rountree: Mr. Mayor question for Shari. I don't that I heard, but you may have said what staff's recommendation was. Stiles: Staff recommended that it be denied. Rountree: Nlr. Mayor we've done this before and we made a decision before and I for one would - of course Glenn and I are maybe the only two left, but I would stand by that previous decision. Anderson: Would you enlighten us new Council members what that decision was? Rountree: The old decision was what Shari said was that originally it was proposed with two drive throughs and we didn't feel it would work, and I don't feel that it will work today even with the timing issue that was demonstrated. Once that's a drive through whether it's a Moxie Java or whatever, I am not of the opinion that it would be a benefit to that ,area. Bentley: Mr. Mayor, I would agree. We've, as Mr. Rountree said, we've gone over this and it appears to be an accident waiting to happen and I will not support it. Bird: I think it could have a better way of doing it. I think'it can be accomplished. I would like to know what the traffic of the existing drive through is and what kind of proposed traffic they'd have on the new drive through. I don't know if this would hurt t have a public hearing on something like this. Anderson: Mr. Mayoras being a frequent patron of TCBY, I've been in that drive through line several times when traffic is backed up rather heavy,;and I think this would be inviting trouble. Anytime you' put two drive through heading in opposite directions around the same building, you're going to have people getting irate, mad, more chances for wrecks. I think it's a bad idea. Corrie: Anyone else? Okay, I'll entertain a motion to have the attorney draw up new Findings and Facts. Rountree: Mr. Mayor, I move that we have the city attorney prepare Findings of Fact and Conclusions of Law Decision and Order that reflects the Council rejection of the Planning and Zoning recommendation and a denial of the request for conditional use for a drive through for Moxie Java. Meridian City Council Meeting July 6, 1999 Page 10 Bentley: Second. Corrie:- Motion made and. second to have the attorney draw up the Findings of Fact and Conclusions of Law and Decision and Order for denial of the request for conditional use permit of Moxie Java, item number 9. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 10. APPEAL OF ZONING ADMINISTRATOR'S CONDITIONAL USE PERMIT REQUIREMENT BY CINDY,CHACE d/b/a KIDS CLUB: Stiles: Mr. Mayor and Council, I don't have a graphic of this. They have submitted a conditional .use permit application, but they are appealing our request for them to enter into a new conditional use permit for modification of the original conditional use permit. Their proposing an 800 square foot building to be added to the property. If you're familiar with the property, it's just north of the Post Office on E. 1St Street. They are proposing it beyond the setback just on the north side of their property. However, the applicant when he came in to"talk to us, indicate the present structure is only 1800 square feet and we felt the addition of an additional building with a kitchenette or I'm not sure what the terminology was and a restroom even though the number of children cared-for would be the same would constitute a 'significant change and that's the reason we requested a new conditional use permit application. Corrie: While this isn't a public hearing, we would like to hear what the appeal is Chace: Thank you very much. My name is Raymond Chace and I sit on the Board of Directors of,the Parent Company at Kid's Club and why I'm here before you is to appeal this because our initial understanding of what was needed to add this building was an accessory use permit based on the square footage of the new building, which is what we felt and what was initially thought of as incidental to the main building. In accordance with our previous permit, we will consent to pay all additional sewer, trash, insure the building conforms to the look of the 1St Street structures. The addition is to provide existing space as Shari said for the children in the winter time. No impact on ACRD, no further staff or children will be at the site. What we'd like to do is apply for the accessory use permit, pay the fee and break ground pursuant to the building permit. Thank you. Corrie: Council have any questions? r, y ~~ MERIDIAN CITY COUNCIL'MEETING: JULY 6. 1999 APPLICANT: AVII LLC AGENDA ITEM NUMBER: 9 REQUEST: .CONDITIONAL USE PERMIT FOR DRIVE THRU FOR MOXIE JAVA AGENCY COMMENTS CITY CLERK:- SEE ATTACHED MINUTES FROM P 8~ Z MEETING CITY ENGINEER: ~~'~~' --~ CITY PLANNING DIRECTOR: SEE ATT ~~~ L~J~'"'- CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: "CITY BUILDING-DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN.IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATl ~~ ~d~, REVIEW (f" G REVIEV '~ f ~~~, P G~ REVIEV I SEE ATTACHED COMMENTS REVIEWED REVIEWED . ~ '~ G Gl 7 ~c ~v- ~~ (~~'" BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning~d Zoning Commission Meeting June 8, 1999 Page 62 Barbeiro: Mr. Chairman. I move that we recommend to the City Council approval of her Conditional Use Permit with notes from staff. MacCoy: Any thing else Mr. Attorney: Rossman: I don't have anything else. I appreciate him including staff comments. I am quite happy with that. MacCoy: Okay. Then your in. I need a second. Smith: Second. MacCoy: All in favor. MOTION CARRIED: ALL AYES MacCby:, All ayes have it. Moving on. Give you back your draft. Let's see- Mrs. Ward your home free. Now we are up to Item 10. ITEM 10. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR ADRIVE-THRU FOR MOXIE JAVA BY AVII L.L.C.-1800 N. LOCUST .GROVE ROAD. MacCoy: Shari do you have any comments on Item 10? I would think you would. Stiles: Mr. Chairman, Commissioners. You have my comments dated June 3, 1999. Although I am not a traffic engineer, I have a problem with this application and I guess the applicant should make his case and let you decide. MacCoy:. Thank you very much. Okay is the applicant here? Hagget: My name is Rob Hagget. I am the representative of AVII, the owner entity of portions of Avest Plaza Shopping Center, that are not Fred Meyer. Office address is 590 N. Maple Grove Road, Boise, ID 83704. The Moxie Java has seen over the past 3 years of operation that there is customer base that _ would be better served by having a more convenient way of getting a cup of coffee on the way to work in the morning. It's Moxie Java's business.to provide an excellent product in a short amount of time and they feel they can better serve the customer by allowing them the option of coming in the store or accessing the proposed drive-thru to get a quick cup of coffee. There are a couple of issues I'd like to address real quick. One is the letter from Ada County Highway District, which is from Christy Richardson, dated May 18, 1999. I spoke with Christy this morning. She is somewhat of an engineer and had some comments about this. Ada County from this letter, is not reviewing the application, because it is an internal conditional use. It does not affect ACHD in any way. In there opinion, Meridian Planning~d Zoning Commission-Meeting June 8, 1999 Page 63 the stacking distances of certain drive-thru's in the city, the City of Boise, the City of Meridian, this is very close to other drive-thru's but they are basically neutral. They will not say we support, we do not support it, because it's not an impact to ACRD. I just wanted to clarify that. The second issue I would .like to get into is to refer to the memorandum dated June 3, 1999 from Meridian P & Z and staff and specifically refer to three reasons why staff felt why the permit should be declined. Question number one. Staff feels that there would be too much impact on adjacent residential with the addition of the second drive-thru on the building. If.we look at the site plan, which was in the package, we can see the property to the North, actually it is not on the site plan, but if your familiar with the area, the property to the North is a vacant commercially zoned lot. (Inaudible) I represent AVII is currently looking at developing that out. We've got a permit for phase three storage. We are looking at the option of possibly putting in professional business park in that area instead of the storage. We found that storage were kind of maxing out the amount of storage in the area and we're: about at our limit. With that development (END OF TAPE) In my opinion I don't feel that it is an impact on any residential use being that far away. To the East of the proposed drive-thru is a Fred Meyer building which would be no residential impact. To the West of the location is Locust Grove Road and they the neighbors on the West side are protected by a high berm and landscaping and a block wall that was put in when the development was originally built. There currently is a drive-thru in place for TCBY where cars head to the West along the North side of the building. We have not had any complains from neighbors since the drive-thru has been put in. I am the property manager for the property. Everybody knows how to get in touch with me and believe and that is not an issue that we have any comments from or concerns from neighbors. Because of those three reasons, I don't feel like this is an impact on neighboring residential. The second part of staff's report refers to additional signage. And as the memo states, we have not made a request for any additional signage. It will be a single window where the customer drives up, they make their order, they get their cup of coffee in hopefully a minute and a half or less. We will get to that a little bit later as well. Question three is probably the main issue with staff's concern. Staff feels that there is inadequate stacking for cars awaiting service at the proposed drive-thru. And if you would refer to the site plan, there are approximately 60 feet from the proposed drive-thru window at the end of the planter bed which allows for approximately 3 large vehicles if you figure a car is about 14---largest car like a Suburban would be 14 to 15-feet long. Give each car about 20 feet. There is room for about 3 large vehicles. The hours of operation of the coffee shop are from 5 am to 11 PM. Seventy per cent of the daily business occurs between 5 am and 10 am in the morning at the coffee shop. The TCBY drive-thru does not open until 11 am and from the owner of that business, eighty per cent of his business occurs between the hours of 6 PM and 10 PM. In my opinion, knowing those hours of operation and Meridian Planning ~d Zoning Commission Meetin June 8, 1999 g Page 64 percentages of business, there's no conflict between the possibility of cars backing up against one another or the conflict within the businesses themselves. Another issue that was brought up by staff, is considering the peak hours of operation of the coffee shop in Fred Meyer. As we just heard, the peak hours of operation from the coffee shop are 5 am to 10 am. The shopping center-I am out there a lot and the morning hour is probably the least trafficked time at that shopping center. We all know that in the afternoon, it is a very busy place. But in the morning when the majority of Moxie Java's business is, traffic is very light. The goal of Moxie Java is to serve the customer under one minute. This equates to a faster response to moving vehicles through the proposed area in minimal time. If we were to compare this type of drive-thru to a Macdonald's or Burger King, it's a whole different issue. This is a coffee drive-thru, typically people, when they` pull up in my opinion, when they pull up to a drive-thru for a coffee shop the little espresso barns that we see in parking lots, they all ready know what they are going to get. It is a quick order and a quick fix by Moxie Java. Get them a cup of coffee and get them on their way. No pun intended. MacCoy: Sales pitch here. Haggett I have reviewed the Mac Donald's at the Fred Meyer shopping center quite often and there is approximately 60 to 70 feet between their order window and their parking lot. Even with the McDonalds drive-thru, I don't see a lot of congestion there, unless it's a very high peak time in the evening-or lunch-and you do see it then. But I do think you see that at any McDonalds, Burger King, Jack-in-the-Box, Hardee's drive-thru across town. Nowadays with people having to get every where quick, not time for lunch anymore. The last issue I'd like to address real quick is that staff feels there would be a traffic conflict after exiting the drive-thru onto the Loop Road. The speed limit on the Loop Road, which is a private road, is 25 mph based on city ordinance it's not signed-there are no speed limits signs. From what I understand, 25 mph is the city ordinance for private roads in that respect. Traffic as they exit the drive-thru has the option of exiting to the right and staying in the parking lot or going straight ahead onto the Loop Road. I have driven around and looked at other drive-thru's, in Meridian. specifically. If we can think of the Burger King West of the Fred Meyer shopping center on Fairview, cars pull directly out of that drive-thru onto Fairview where cars are travelling in excess of 45 mph. This is not a dangerous _ intersection. It is not a bad place for cars to pull out, in my opinion. Another drive-thru is the Burger Den down here on First Street. Cars pull directly out on First Street. There is heavy traffic in the afternoon there. A third one to think about is First Security Bank on the corner of First Street and Fairview. There are 2 stalls that come out from the drive-thru there directly onto Fairview Avenue and there is a high speed turn off from First heading East on Fairview. I think those, if you were to compare those drive-thrus to the one we're proposing, there is a very minimal conflict between traffic. That's all I've got. I'd like bring up Jennifer Dunlan who is the manager of a few Moxie Java's. This one specifically and also Meridian Planning and Zoning Commission Meeting June 8, 1999 .Page 65 the one on First Street, to say a few comments then I can come back up and answer a few questions. MacCoy: I was to ask a question before you walk away from there. The drawing I've got, I'm sure it's the one you are referring to, you show 2 windows as one and I don't understand since you've got less than a minute to get the product out to them. Why do you need 2 windows. Hagget: It should just be one window. MacCoy: You've got adrive-thru window shown here and adrive-thru window shown over here. Hagget: That's an existing drive-thru window. MacCoy: All. right. Oh this is the ice creamshop? Hagget: Yeah. MacCoy: Okay that is the reason I wanted to know. Hagget. There is only one proposed window. MacCoy: That's this one here. All right then the question comes up as to what your addressing is the traffic conflict in this zone here, so your saying there is no conflict. Hagget: I don't feel that there is if we look specifically at hours of operation and also the time that the car is going to spend in this proposed drive-thru. MacCoy: Okay. I'll accept that for the time being. You can go ahead and ask your other person to come forward. Donlan: My name is Jennifer Donlan at 2407 Snyder. I just want to make a couple comments. I understand that there was a stacking problem and like Rob said, 70 per cent of our business is done before TCBY opens. I am the manager of the store and these girls are trained to get the drink out in one minute. Another thing to keep in mind is usually on the way to work at this time, there is only one person per car, one drink per car. They go pretty fast. Another thing I would like to bring up because I think it would be a great convenience for our customers. Parents with children, loading and unloading them. It would certainly be readily accessible for our customers with disabilities. Right now we have- some customers call on the phone and they make their order and we run out to the car. It works for us but it is hard to answer the phone when your busy. There are only 2 of us back there. Where there is another issue. Snow, Rain drive up. Meridian Planning and Zoning Commission Meetin June 8, 1999 g Page 66 ` It certainly more enjoyable to get your hot chocolate while your in your car. Other then that; I don't have anything else. Any questions for me? Smith: I have one. What is your experience with your other franchises. How many get stacked up in the morning? Donlan: It's a double drive-thru. Smith: The one on First? Donlan: Yes. At the most, 3 on each side. Smith: Three on each side? Donlan: Yes. Smith: Okay. You don't have adrive-thru on the other one do you? Donlan: No we don't. After about 10:30, 11 o'clock believe it or not I only do about 3 or 4 customers an hour. Smith: That time of morning, I am pretty familiar with that shopping center and I -you can get 3 cars stacked in there and there is nothing else going on early in the morning. Never mind. That's all I have. Barbeiro: Please I had another question. Donlan: Sorry. Barbeiro: Commissioner Barbeiro. On your property on Vista and Kootenai. Donlan: That's not mine. Different owner. Barbeiro: Same product, same company. I have seen a stack'of as many as nine cars in there where cars were stacked onto Kootenai, blocking traffic back onto Vista. ,So the possibility exists that while there is considerably more traffic~t the corner of Vista and Kootenai, a stacking could be a concern. While I don't know that you can answer the specific questions, I'd like to ask Mr. Hagget-I'd like to know how he intends to line out and show direction for people to drive in to prevent backing into the parking lot. (inaudible) allowing access into your walk-in traffic. Donlan: Another thing about the White Cloud and the Moxie Java's, there is 32 proposed going up here .next year. They are all over. They are now international and Vista is the second busiest we have right not. We are not quite there yet. Meridian Planning aid Zoning Commission Meetin June 8, 1999 g Page 67 Smith: 32 in what area? Donlan: Throughout. Internationally. 32 this year. (Inaudible) Smith: Yeah. There is 3 here all ready. I can't believe- it. ` MacCoy : Any other questions for her? No, I guess. Thank you. Who has a question for Mr. Hagget? Barbeiro: On the site plan that you have laid out here I do not see that you have painted a line directing people on how to get in here. Of course your going to want to avoid having people come into Loop Road and swing back around. Could you give us a little more detail on how you intended to paint this and direct people in the direction. Hagget: My idea and I am sure as we get further into this, we would speak with Billy Ray Strite and the architect and see what their recommendations are and what they have done on other drive-thrus. But, I would see an arrow on the ground pointing at an angle to the Northwest going into-the drive-thru land. .Painting an area for a car to come in and then an angled arrow pointing out or straight ahead across to the Loop Road. Barbeiro: With the staff recommendation with no additional signage has been proposed and none is approved, you have intent then of putting a sma112X2 sign or 1X1 wood sign of some sort- F Hagget: I think~the intent-we have a sign out on Fairview Avenue-a tenant sign, a monument sign on that, we would probably replace or Moxie Java would probably replace the name plate with Moxie Java and then in small letters say drive-thru. I think that with the client.base that they have, it is a return customer. Once they see that there is a drive-thru, they will probably start using it. For us the issue is not to put big signs out all over the parking lot saying come over here, we have adrive-thru..We think it's -it will be visible enough for the customer. Barbeiro: Please make note of what amounts are allowed (inaudible) and how traffic would come in here and make this loop in here, assuming you had a stack and you'd .end up with four cars would be about right to the center of your driveway not allowing traffic to enter into your parking area. Hagget: There is also an access on the other side if people needed to get in there. If, for any reason, there was a back up of more than 3 or 4 cars where you could not get through there, I think there is adequate and sufficient parking and access into the area. I see a lot of people park over on this parking stalls that are Meridian Planning ar~"d Zoning Commission Meetin 9 June 8, 1999 Page 68 angled to the Easf of the building between the building and Fred Meyer. Believe it or not, I think those are used more than a parking stalls right in front of the pad because it is easier to get in and out of there. As we know people are always -if your going to run in there to get your Hometown Pizza or your TCBY or make a quick stop at the coffee shop, people are in a hurry-they pull in they get out and they go. It's an interesting pad. We have had some issues we went through a few months ago on trying to get some signage out on Fairview. When we got that approved because we felt that this pad building was somewhat lost on the corner of the parking lot . That sign has made a very big impact on customers. They come in now and say we never knew there was a coffee shop back here. I hope that answers your question. If there -does it answer your question. Barbeiro: It does indeed. The Loop Road also serves as a delivery road for Fred Meyer and you do have delivery trucks coming in at 5:30, 6 o'clock in the morning, as well as late night trucks pulling out there. Smith: Most of those are coming in from-the East though because of the direction of the docks.A They have to come in the other way. :Barbeiro: But they will still often exit off the Loop Road. Smith: They have to. Barbeiro: Do you foresee concerns with the delivery trucks? Haggett I think with the speed of traffic along there and a delivery truck pulling out, for him to get up to 5 maybe 10 miles an hour if he is heading to (Inaudible) I don't see any way they could get out of first gear and faster than 5 mph. Smith: The visibility to the East is better coming out of that drive-thru anyway and-that is a direction- Barbeiro: Vehicles and trucks would be coming from. Haggett One question that you started to ask Commissioner Barbeiro, on the landscaping.. It currently landscaped with small one foot bushes, wood chips. - We'd- actually be making a cut in the patio to input the driveway so the small. .planter bed there on the southeast corner is currently in place. Barbeiro: If I may ask staff.` There is no additional signage to be proposed that does not preclude his changing an existing sign. Stiles: No. Barbeiro: Thank you. I have no additional questions Meridian Planning a9'fd Zoning Commission Me June 8, 1999 etmg Page 69 MacCoy: Commissioner Borup do you have anything? No. Thank you. Is there anyone here that would like to offer some support? Okay. Basin: I am Todd Basin, the owner of the store. I wanted to make a comment on the' stacking problem that you made on -at the Vista location-the 9 cars that you -seen there. The guy that owns them stores, he try's to get his drinks out in approximately 2 minutes. We try for 1 minutes. And their business is literally three times our business is. I just wanted to make that comment also. MacCoy: Okay. Thank you. Anyone else? Anyone who would like to make a derogatory comment about this. Someone who does not drink coffee or something. He should have brought some samples. Seeing none. Smith: Mr. Chairman. I would like to make a motion that we close this public hearing. Borup: Second. MacCoy: Okay. All in favor? MOTION CARRIED: ALL AYES. MacCoy: Okay what is your decisions. Smith: Well in respect to staff comments, this is Commissioner Smith, I don't see how a second drive-thru would have any impact on adjacent residential uses. I don't have any problem with signage. Inadequate stacking depth. I am a little concerned about that, but because of the peak hours-their peak business time-and with inspect with the adjacent businesses, I am not so sure that it is a real issue here. And the vehicles that are entering the Fred Meyer parking lot from Loop Road there going to be going .over in the second drive to the East of this drive-thru because of the direction of the parking stalls coming from the South on that first drive and again because of the difference of hours of TCBY and Moxie Java, I don't see any real problems occurring there with vehicles conflicts. I rather see the stacking come down South straight, but because of most of the hours the cars are going to be stacked up there, versus"the peak times of the other businesses, I'm not going to big deal that. Borup: I agree with Commissioner Smith. If it was a different type of business, it was a fast food restaurant or something, I think it would be a different situation. I think they are very compatible. There won't be any conflict at all with the TCBY. The only stacking problem could be is blocking the one~entrance into the parking lot, but at that time of the morning they'll know ther`e's a lot of business there to worry about anyway. Smith: You've got the Postal Specialties, Hometown Pizza, and TCBY. Meridian Planning aid Zoning Commission Meetin June 8, 1999 g Page 70 Borup: Not a lot of people having pizza for breakfast probably. Smith: If they did they probably cooked it the night before. I don't when he opens up, but it probably isn't very early. Borup. That would be the only business-yeah the postal business would be the only one effected. MacCoy: So what's you decision? Smith: If there is no further discussion I'd like to make a motion that we recommend approval of this Condition Use Permit to City Council with noted editorials on staffs comments and staff comments be included. Borup: I think there were only three. Two of which probably aren't going to be included- Smith: I don't want to have another dig by you. So I'd like to include staff comments. MacCoy: Do I hear a second? Borup: Second. MacCoy: All in favor: MOTION CARRIED: ALL AYES Mac Coy: Thank you. Thanks for coming. Moving on to Item 11. ITEM 11. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR DEE JAY SUBDIVISION (14 BUILDING LOTS ON 15.04 ACRES)BY J-U-B ENGINEERS, INC. -EAST OF STRATFORD DR & NORTH & SOUTH OF WATERTOWER LN: MacCoy: Staff. _Stiles: Mr. Chairman. Commissioners. This is for a property immediately South of the cemetery and to the South of this property is the police academy-the law enforcement facility. We have spoken with a member of the Board of Directors, Mr. Burton Roberts of the cemetery board. They have indicated that they have no desire for a stub street to the North. We would recommend this application be approved and it be approved with no stub streets North or South and as long as the turn around meets the requirements of the Fire Department and Ada County Highway District, I believe they have responded to our comments and have taken-I don't believe they have taken any exception to any of comments. We ** TX CONFIRMATION REPORT ** AS OF~ JUL 16 '99 1234 PAGE.01 CITY OF""MERIDIAN 05 DATE TIME TOiFROM MODE MINiSEC PGS CMD#t STATUS 07116 12 33 LEGAL DEPARTMENT EC--S 00'46" 002 215 OK .-~~ '~` 3 ~~C h''~ ~ u ~ i s ~sss 7 ~ ~ ~cf ~ CITY OF NI~R.IDIAN :: ~ ; „~,, .,.. ,.,, ...._ ,,......,.,,..,. _: t~y1 L ESTATE /NVESTMENT PROPERTY MANAGEMENT July 15, 1999 City of Meridian, Mayor Corrie and City Council RE :CUP-99-O15, Conditional Use permit for Moxie Java Drive through window Dear Mayor and Council, I am requesting that the decision to deny conditional use for a drive through window at Moxie Java in Meridian be reconsidered by the City Council. Y feel that the decision to deny this application may have been made based on facts from the decision that was made three years ago at the same location. There are issues that have changed since then. They are as follows Possible conflict with existing drive through : There has been concern from both Staff and City Council Members that there will be a traffic conflict between an existing drive through window at TCBY, and the proposed window at Moxie Java. Moxie Java does 70"/0 of their business between the hours of 6 A.M. and 11 A.M. TCBY does not open for business until 11 A.M. 80% of TCBY's business occurs after 3 P.M. The architect for the project is also in the process of changing the plan to allow for a curb to bend to the East and allow exiting traffic from the proposed window to not cross the existing drive lane for TCBY. Impact on residential : During the Planning and Zoning public hearing on June 8, 1999, there was no opposition from neighbors and business' who reside within 300 feet of the proposed drive through. Moxie Java would like to be able to serve the customer better by giving them the option of using the drive through or entering the building. The proposed drive through is a benefit to the shopping center and the neighbors. Conflict with cars exiting onto North loop road : Avest Lane is a private drive within the boundary of the shopping Center. Traffic typically travels around 25 mph along this road. There are many examples of drive throughs in the town of Meridian that exit onto busier streets such as Fairview Ave where traffic travels in excess of 45 mph.(Burger King, First Security banlS etc.) Also, by changing the direction of exiting traffic to the East, customers will have the option of turning North to exit orno the loop road, or South and remain within the pazking lot. F.x~cutive at hropert}~ Mm~agement Offices; 590 North Muh)e Grove Rnad Borse, Idaho 53704 TFT.F. / PAX (20S) .>27-UI~7