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HomeMy WebLinkAboutNovember 6, 2003 P&Z MinutesMeridian Planning & Zoning November 6, 2003 Page 78 of 87 - Zaremba: Are we ready? Borup: Yes. Let's move on. Zaremba: Mr. Chairman, I move that Public Hearing Item 12 CUP 03-051 be closed. Rohm: I'll second that. Borup: Motion and second to close the Public Hearing. All in favor? MOTION CARRIED: TWO AYES. TWO ABSENT. Zaremba: Mr. Chairman? Borup: Commissioner. Zaremba: I move we forward to the City Council recommending approval of Item 12 on our agenda, CUP 03-051, request for a Conditional Use Permit for a coffee shop with auxiliary drive-thru in a C-G zone for Starbucks by Wenco, Inc., northeast corner of South Meridian Road and East Corporate Drive, to include all staff comments of the staff memo of November 6, received by the Clerk November 3, 2003, with one exception, and that is on page six, paragraph one under the site specific requirements, this is approved with currently a 25 foot landscape buffer, knowing that ten feet of that, eventually, will be taken away for the right of way. Rohm: Second. Borup:. Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: TWO AYES. TWO ABSENT. Item 13: Public Hearing: CUP 03-052 Request for a Conditional Use Permit to construct three buildings for Wendy's /Starbucks /Kinkos with auxiliary drive thrus and a 6,500 square foot retail pad in a I-L zone by Wenco, Inc. -northwest corner of North Eagle Road and East Florence Street: Borup: Next Item is CUP 03-052, request for a Conditional Use Permit to donstruct three buildings for Wendy's, Starbucks, Kinkos, with drive-thrus, 6,500 foot building in an I-L zone at Eagle and Florence. Open this hearing at this time and start with the staff report. Hawkins-Clark: Great. Thank you. Chairman Borup, members of the Commission. Borup: Is this what you waited all night for? Hawkins-Clark: Well, a lot of -- no, I just want to be here. Meridian Planning 8 Zoning November 6, 2003 Page 79 of 87 Borup: Okay. Hawkins-Clark: A similar application to the one you just had. The lot is south of the Krispy Kreme restaurant on Eagle Road in the Treasure Valley Business Center Subdivision. It's Lot 11 in the Treasure Valley Business Center existing, but as noted it the staff report, they have a preliminary plat already approved that is resubdividing all of this northerly part of Treasure Valley Business Center into -- I think it's 40 plus lots. So, they have this lot one that is shown in bold here is proposed to go into four different lots. I understand that there are within just a few weeks of coming in with that final plat application to the city. Briggs Engineering has been working on that and Steve Arnold has said that they are very close to coming in with that. So, we would see -- we would see that broken up into -- into four lots, as well as approval of the preliminary plat. Here on the screen is the site plan. It starts with a -- kind of fuzzy nature of it, but they did resubmit one that we had to scan in that didn't come in too well, but, as you can see, they have got three buildings, not four. If they come in with four lots, it really won't impact it much. You can have a public parking lot -- well, a parking lot on it's own lot. That would be no problem. So, either way I don't think there is -- there is going to be any issues with that. Borup: So, that would take care -- no necessity for a planned development, then? Hawkins-Clark: Correct. Yeah. We still have the Conditional Use Requirement, of course, because they had two drive-thrus, so I think it -- as I presented, they have the two options and they have selected to just not do a planned development, so they don't have the amenities, which restricts them to just one building until that plat is recorded. But I'll let Mr. Suite deal with that a little bit more. I think since the application was submitted, we have received four other documents and I just wanted to make sure that the Commission was aware of. One of those is this revised site plan that basically complies with some of the recommendations that we made. The main one being this pad is -- on Olive has been reduced by about 1,500 square feet. It was 6,500 and they have come in now with a 5,000 and that's tied to the parking ratio. So, they -- that was one of the documents that we have received. The second one was a November 4, two page fax that responded to the staff report, some of the -- about six main items. You should have received that and then, the third one was a November 5th fax that was the cross-access section from the restrictive covenants that are in place for the existing subdivision and that cross-access just demonstrates that -- that these two lots, Lot 1 and Lot 11, have -- do all already have the cross-access, so -- and, then, the last thing that we have received since they applied -- and I think maybe even since the packets were put out, is the ITD did send in a letter. It's just their standard pro forma letter that says they want 70 feet setback from buildings from the center line of Eagle Road, this is a type four facility, which the site plan doesn't have the center line of Eagle Road on it, but I have no doubt that they met that. So, I think there are just maybe two or three quick items on the staff report to point out. We are pretty much in agreement now with the fax that Mr. Strite sent in that made some of the changes. I'll just show you the elevation. Here is the new the site data. I put this in here just so you could see the Meridian Planning & Zoning November 6, 2003 Page 80 of 87 parking required, that they have now bumped this Wendy's up to -- they had the five spaces per customer window, plus one for every 200 square feet, so they have 24 spaces for the Wendy's, 30 spaces for Starbucks, Kinko's, and 25 for the pad, which, again, is that reduced square footage at 5,000. So, total parking required 79 and they are providing 81, so this is -- Zaremba: Is that including the parking that's on fourth lot? Hawkins-Clark: Correct. This would be on the entire two acres. Zaremba: So, if something happened on the fourth lot, they would fall below the parking requirements. ,Hawkins-Clark: Certainly. Yeah. Zaremba: Okay. Rohm: Doesn't sound like they are going to get much -- Zaremba: Maybe an emission's testing station. Strike: Six by six with a landscape planter. Hawkins-Clark: So, I think that new data shows that they could get the 100 percent retail use of that pad site, which my staff report said they couldn't do one hundred percent retail, but this shows they have got two spaces beyond the ordinance now and - Zaremba: Well, your staff report said they couldn't do it if it was the 6,500 square foot building. Hawkins-Clark: Yes. Zaremba: And at 5,000 -- Hawkins-Clark: They have reduced it. Zaremba: It is okay. Hawkins-Clark: Yeah. Okay. We also had a comment on how the elevation of that future building orients to Olive and this is the south -- the new south elevation that they have submitted and, then, the west elevation, which is on the top here, that would be oriented to Olive, does now wrap around some windows, so I think that helps to improve the pedestrian side of the building. The east elevation is the one that goes towards Eagle Road, sort of towards the internal part of the project and, as you can see, that has the storefronts on it, so -- Meridian Planning 8 Zoning November 6, 20D3 Page B1 of 87 Borup: But that's also where the drive-thru is. Hawkins-Clark: This building would not have adrive-thru as proposed. This is the pad site that is shown here in the northwest corner. Borup: Oh. Okay. Hawkins-Clark: And here is Olive. So, their drive-thru for Wendy's is here on the south side coming in and they would drive north and then, would exit out to the west and then, the Starbucks is here on the east end of this combined building and this same drive pattern coming in from the south, driving north, and then, exiting out to the west, and the staff report talked about this intersection right here where the Wendy's drive-thru exits and the Starbucks drive-thru enters. We had suggested some signage here just to basically keep these Wendy's people aware that this is a drive-thru aisle right where they are exiting, kind of just a heads up to be aware of that and we had suggested that this window for Starbucks be shifted to the north, because of the stacking depth that would probably block this parking space here. They did submit, a new floor plan that -- and elevation that showed this Starbucks window shifting up here to the northern portion of their building, which I think probably gives them another two and a half vehicle depth, stacking depth, so I think that's -- that gives them I think about six vehicles to stack without blocking the parking for the Kinko's. There is only one additional condition that I'd like to suggest and that is -- would be number 10 on page seven. It would be a new number 10 and that's to construct an all-weather access drive, minimum 20 foot in width that would -- go back again here. Provide temporary access right at the northern boundary of this property across Lot 1 and,' then, enter onto Olive and the Fire Department and Mr. Strite, they have had discussions about that, we just don't have anything in writing that stated that they are going to have to provide that. They are in agreement to do that, but I think we still need to just make it a condition that they put a 20-foot wide, all-weather access drive from the north property line to connect to Olive Avenue. I think we -- that will have to be constructed prior to the first certificate of occupancy. So, other than that -- oh, I guess we do. On item number four, under site specific, page six, I think we can strike the first two sentences now, because we have now received that cross-access, but you don't need to record a separate cross-access easement. I think -- at least staff is fine with the existing CC&R's and I did talk with Attorney Gabbert today and I think we are okay with the -- it's a nonexclusive easement. Zaremba: So, on four you're saying the first two sentences come out. Hawkins-Clark: Right. Zaremba: Does that next sentence address the driveway you were just talking about? Hawkins-Clark: Actually, you're right. That does. Zaremba: We just need to specify if it's a 20-foot -- Meridian Planning & Zoning November 6, 2003 Page 82 of 87 Hawkins-Clark: It just -- yeah. Good point. I didn't see that before. Yeah. Thank you. We just need to add the fact that it's 20 feet and that it would need to be installed prior to the first CO. Zaremba: Okay. Can you go back to the site plan for just a second? That one. I am not sure what the scale is, but have you double-checked to see that the driveway that enters onto Florence is far enough away from Olive? Hawkins-Clark: Commissioner Zaremba, you're speaking about this -- Zaremba: The setback from the street that's -- I think that's Olive. Hawkins-Clark: Yes. The north-south street is Olive and the East-West Street is Florence. Zaremba: And that driveway is far enough away from Olive? Hawkins-Clark: Well, we don't have any offset standards in our code. Ada County Highway District, I believe, is 50 for a driveway. That will -- when they submit for a certificate of zoning compliance and we send this aver, that will certainly be a comment that their construction people would make at the highway district. Zaremba: Okay. Hawkins-Clark: Thanks. Borup: Anything you'd like to add, Mr. Strite? Strite: Mr. Chairman, Commissioners, Billy Ray Strite, 1010 Allante. I'm here on behalf of Wendy's Starbucks, speaking in favor of this application and I think Brad's laid it out quite well, maybe just for clarification and I will start with the four-lot subdivision. It was my understanding in my discussions with Steve Arnold, that they were going to cut that back in the final process as three lots and now I assume that that's -- you can do that between preliminary and final plat, but that's the way he explained to me is he was dropping it back to three lots, the three lots as delineated -- in fact, I think they did that delineation. I don't think I can take credit for that. So, what they were going to do when they come back for their final attempt, it's going to be a three lot subdivision, if you will. So, that's just for clarification. As to Commissioner Zaremba's comment relative to the access, the access is constructed per Ada County Highway District standards. It was constructed as part of our Primary Health to the south, it's a classified as a -- as a local street with a 50 foot offset and so it is, in fact, constructed per their requirement and it is in place. Zaremba: The curb cut is already there? Meridian Planning & Zoning November 6, 2003 Page 83 of 87 Strite: That's correct. They constructed that when we constructed the Primary Health thing to the south. Zaremba: Okay. Strite: So, I think with that, maybe the best thing to do is just try to iron out some of these -- unless you have questions of me, I certainly have no questions of the staff report, it's just I'm a little confused, because I have added so many things -- I have been sending Brad things on an hourly basis -- maybe just the specific site conditions, if we could spell those out. I have absolutely no problem with item number one, for instance. Item number two is of no longer any consequence, because the drive-thru window has been moved to the north side of the building and the stack lane is now eight cars deep. So, my guess is that that comment could be struck in its entirety, unless -- unless Brad has opposition to that. What we did originally --and I'm not sure if I can handle this little thing very well -- we had it right here and the drive-thru window actually came around like this straight up here and over. Now, we have moved the drive-thru window to right there. So, we have eight cars from the window back down to this location right here. So, I think that that's -- Borup: Are you okay with striking that, Brad? Is that -- Hawkins-Clark: Sure. Strite: I would suspect that that thing could be -- Borup: He said he agreed to that. Strite: I think that could be struck. Zaremba: I agree with that change, but the latest drawing that I have shows it the old way. Is there a newer one? Strite: There is a new one that -- yeah. The one that he has there -- and I trust it's dated. I believe you gave us a date. I could find the submittal date, if you wish, that I sent it over to Brad, but that is the latest one. Zaremba: I'm just saying in our motion we would reference -- Strite: Yeah. It would be nice if you could on that one that I sent you, because I can tell you that -- that I just received corporate approval from Starbucks based on that plan, so I think -- I think -- I think that is, in fact, the plan. While he's digging for that, it might be appropriate to take number three and just delete B, because we are already going to be back with a plat. As suggested on number four -- Meridian Planning & Zoning November 6, 2003 Page 84 of 87 Borup: Now on -- pertaining to that also, are you assuming that the new plat will be filed soon enough that -- or are you going to be starting one or the other of these buildings first? Strite: Mr. Chairman, it's our intent to start the Starbucks Kinko's building first. We are obligated to have that operational prior to the Wendy's, so we would be -- we are fine with the condition that we would not be able to start the Wendy's until such time as -- Borup: That works fine on the Wendy's schedule? Strite: That's correct. Borup: Okay. Strite: That's correct, and I'm told by Mr. Arnold that that can happen within 30 days. I hope he's correct. Borup: You mean submit it -- Strite: That scares me. Borup: You mean submit it in 30 days or -- Strite: No. No. No. He's -- supposedly he's supposed to be in here next week or prior to our submittal to the City Council -- or your ongoing to City Council. That's what he told me today. He's prepared to submit it. Borup: Well, if he submits it now, it's not going to be on until January almost, isn't it? Strite: Well, that's not going to affect us. I'm just suggesting that he's on our heels. Borup: Right. Okay. Strite: We are only going to build one building, so it's kind of a moot point, put certainly we understand and I'm -- right here. Public testimony. We understand there is only going to be one building built until such time as that plat is recorded and I think that's the bottom line. Borup: All right. Strite: So, I'm just suggesting for simplification we just eliminate B. I think Brad has already handled item number four. I have talked -- I talked to Joe Silva's office today, Joe was out of the office today. I had talked to him and we do have a plan we had submitted to him and it marked out an area, if you will, that goes off this north entry right here, goes straight up like this and goes straight over here and back up to this paved driveway that comes south from Krispy Kreme and the reason we have to do that is Meridian Planning & Zoning November 6, 2003 Page 85 of 87 because at this particular point in time Krispy Kreme has no intentions of improving their ground south of their unit or north of our boundary. So, we are prepared to provide an all-weather access, a minimum of 20 feet wide. Borup: So, Krispy Kreme had two lots? Strite: Yeah. They actually own everything north of this site. That's correct, and supporting 70,00 pounds. If you want to put as required by Meridian Fire Department, that's also fine with us. Item number four. Number five again I think that can be scratched. Hawkins-Clark: I guess I would just -- I mean you have complied with it. I guess I'd just prefer just to leave it. Strite: Okay. Hawkins-Clark: I mean you have complied with it, but at least that way it stays in the records. Strite: That's fine. That's fine. Number six. We have no problem with that. Although, I will suggest to you that Wendy's, as you probably already know by seeing some of the others, they have a do not enter sign, but I think it might be appropriate to put something on the exiting side that might caution them that there is, in fact, adrive-thru lane, so we have no problem with that. Number seven -- Zaremba: And I'm thinking the sign should be something like oncoming crossover traffic or something, because that's precisely what's happening. Strite: We would be happy to discuss with staff whatever they think is appropriate. Zaremba: Okay. Strite: Number seven. I think that, again, gets back to the platting, so I'm not sure that that's necessary. Again, I will ask stafFs comments on that. Because we know we are platting and they are going to come back here probably before -- as far as I'm concerned, I'm not -- either way, it doesn't make any difference to me, but it seems redundant to have if, in fact, we are going to plat anyway. Borup: Except for maybe B? Strite: Well, I'm only talking about A at this point. Yeah. Hawkins-Clark: Oh. A. Correct. Yeah. I have no problem with that. Strite: No. I hadn't got to B yet. Meridian Planning & Zoning November 6, 2003 Page 86 of 87 Borup: Okay Suite: One and four. I thought that we had made those corrections, if not, certainly, you can leave that in. We have no problem with that, and if you go back to -- to C, again, I think Brad's already made comment to that, you saw the site and building data that we have provided, so that could be struck as well. Borup: Well -- or, again, just leave it and -- it's been complied with. Strite: Or complied with. Yeah. That's -- either way. Either way, and I would trust, then, we will eliminate ten. Going back -- Hawkins-Clark: Correct Suite: -- ten that you added, to go back and make that part of four? Hawkins-Clark: If they include that in four, then, we are fine. Suite: Yeah, and that's -- yes. Sorry for the confusion and there has been a lot of documents floating back and forth, but as long as we have a date, I think it should -- I hope would suffice and I would ask for your support. Borup: Did you find -- Hawkins-Clark: Yes. That would be if you referenced the new revised plan, received by the Clerk on November 3. It was stamped by the Clerk on November 3. Borup: Other questions from any Commissioners? Zaremba: Not really a question, but I was driving around last week thinking there ought to be a Kinko's in Meridian and we should call headquarters in Ventura County, California, and tell them there should be one here and -- Borup: I'm impressed with how fast you get things done. Zaremba: Boy, I tell you, I never even made the call and here it is. Borup: Okay. Thank you. Suite: One last comment. I would probably reiterate what Mr. McKinnon said about Jerry. He was a great guy and certainly I appreciated working with him, so -- thank you. Zaremba: Mr. Chairman, I move the hearing on Item 13, CUP 03-052, be closed. Rohm: Second. Meridian Planning 8 Zoning November 6, 2003 Page 87 of 87 Borup: Motion and second. All in favor? MOTION CARRIED: TWO AYES. TWO ABSENT. Zaremba: Mr. Chairman, I move we forward to the City Council recommending approval of Item 13 on our agenda, CUP 03-052, request for a Conditional Use Permit to construct three buildings for Wendy's, Starbucks, Kinko's, with auxiliary drive-thrus and a 5,000 square foot retail pad in an I-L zone by Wenco, Inc., northwest corner of North Eagle Road and East Florence Street. The site plan to be that received by the Clerk and stamped November 3rd, 2003, and to include all staff comments of the staff memo of November 6th, 2003, received by the Clerk November 3rd, 2003, with the following exceptions. On page six, paragraph three, item B, can be deleted. Borup: Do you want to just start with the numbered items? Would that be easier? Oh, I'm sorry. You did. Zaremba: Yeah. Borup: Okay. Zaremba: Page six, paragraph three, item B, delete it. In paragraph four, the first two sentences can be deleted and now the first sentence is: The off-site driveway shall be installed per Meridian Fire Department specifications, to be at least 20 feet wide, all weather, and to be installed prior to certificate of occupancy, and then, the last sentence stands as is. On page six, again, paragraph seven, sub paragraph A, can be deleted. End of motion. Rohm: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: TWO AYES. TWO ABSENT. Borup: Thank you. Zaremba: Well, I will say again, as everybody else has, I certainly miss Jerry Centers. He's made great contributions to this and I enjoyed working with him as long as I have been on the Commission with him. That being said, I move we adjourn. Rohm: And I'll second that. Borup: Motion and second. All in favor to adjourn. MOTION CARRIED: TWO AYES. TWO ABSENT. Borup: Meeting adjourned at 11:25. Meridian Planning & Zoning November 6, 20D3 Page 88 of 87 MEETING ADJOURNED AT 11:25 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) APPROVED KEITH BORUP -CHAIRMAN DATE APPROVED ATTEST: WILLIAM G. BERG, JR, CITY CLERK