HomeMy WebLinkAboutHark's Corner Emissions CenterREGEIVEI~
~ NOV 2 5 2003
City Of Meridian
~,-.~~,.Qp,~~'~~~• City Clerk Office
UVIEYlGs~lGfYl STAFF SUMMARY
IDAHO
OF
ae PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Project Name: Hazk's Comer Emission Cerner
Case No(a).: CUP-03-049
Applicant: L & J Capital Ventures, LLC.
P&Z Commission Hearing Date: November 6, 2003
Recommendatiou: Approve with conditions.
Summary of Public Hearing:
• The applicant's representative, Jeffrey Hall, testified in favor of the application.
• No members of the public testified expressing concern regazding the application.
• Key issues of discussion and questioning by Commission included:
• Existing and proposed landscaping
• Location of the building and its relationship to required parking
• Signage
Key Commission Additions/Mod~cations to Staff Recommendation:
• The Planning and Zoning Commission recommended that a planter be placed at the
comer of the Emissions Testing building.
Outstanding Issues for City Council:
• None.
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FORA )
RENTAL/RESTAURANT COMPLEX )
AT HARK'S CORNER IN A C-C )
ZONE )
Case No. CUP-03-009
RECOMMENDATION TO CITY
COUNCII.
VAN HEES PROPERTIES, LLC,
Applicant
The property is located on the south-west corner of Linder Rd. and W. Franklin Rd.,
Meridian.
2: The owner of record of the subject property is Van Hees Properties, LLC, 1651 W.
Franklin Rd., Meridian.
Applicant is same as owner.
4. The subject property is currently zoned C-C (Community Business District). The zoning
district of C-C is defined within the City of Meridian Zoning and Development
Ordinance, Section 11-7-2.
5. The Applicant requests the Conditional Use Permit for a rentaUrestaurant complex in a
C-C zone. The C-C zoning designation within the City of Meridian Zoning and
Development Ordinance requires a Conditional Use Permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1).
6. The Meridian Planning and Zoning Commission recognizes that the proposed application
is in compliance with the Meridian Comprehensive Plan.
The use proposed which is the subject of this will, in fact, constitute a conditional use as
determined by City policy.
RECOA-IMENDATION TO CITI' COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR HARK'S
CORNER BY VAN HFF.S PROPERTIES, LLC -CUP-03-009 -Page 1
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommend to the City Council
of the City of Meridian that they approve the requested Conditional Use Permit as requested by
the Applicant for the property described in the application, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as
modified by the Planning and Zoning Commission) as follows:
SITE SPECIFIC REQUIREMENTS
In addition to all site specific requirements required by the CUP for Harks Corner,
a planter is required to be located at the corner of the emissions testing building
between the building and the emissions testing Iane.
1. Landscaoine: A revised landscaping plan must be submitted to the city clerks
office at least ten days prior to the City Council hearing, showing the existing
landscaping buffer at the northern edge of the subject property, the extension of the
existing masonry fence along the full length of the southern boundary of the property and
the replacing the trees in the 5' wide southern buffer with shrubs and bushes to match the
existing landscaping to the east.
2. Setbacks: The proposed structure is subject to all required setbacks of the C-C
zone. The submitted site plan appeazs to meet all of the required setbacks,
notwithstanding the required landscape buffers.
3. Water/sewer: This facility is currently served by the City of Meridian's sanitary
sewer and water systems. Water and sewer assessments shall be paid with the issuance of
building permits.
STANDARD REQUIltEMENTS
1. Existing trees shall be protected and retained in accordance with Meridian City
Code 12-13-13.
2. Off-street parking shall be provided in accordance with the City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific requirements. All
parking and areas of circulation shall be improved with a hard surface in accordance with
Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the
approved site plan and Ordinance 11-13-4.F.
3. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
RECOMIVIEENDATION TO CITY COUNCIL OF APPROVAL OF CONDTIIONAL USE PERMIT FOR BARK'S
CORNER BY VAN HEES PROPERTIES, LLC -CUP-03-009 -Page 2
4. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street
parking areas. All drainage water is to be maintained on-site. Storm water treatment and
disposal must be designed in accordance with Department of Environmental Quality
1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface
water is prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
5. All exterior lighting, whether attached to the building or located within the
parking lot, shall be down-shielded or otherwise altered so that the light does not spill
over onto adjacent properties or right-of--way. All pazking lot lighting shall be in
accordance with Ordinance 11-13-4.C.
6. All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance or as specifically approved. All signage is
subject to design review and shall require sepazate permits.
7. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance.
8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure
locations and construction requirements with Sanitary Service Company and provide a
letter of approval from their office when applying for a Certificate of Zoning Compliance
(CZC).
9. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid
for a maximum period of eighteen (18) months unless otherwise approved by the City
Council. During this time, the permit holder must acquire building permits and
commence the construction of permanent footings or structures. Time extensions are
allowed per the ordinance.
C. Adopt the Recommendations of ACPID as follows:
ACHD conditions and requirements from Fide No. AZ-OI-007 & CUP-01-011 also apply
to this application
RECOM[vIENDATION TO CITY COUNCIL OF APPROVAL OF CONDTI'fONAL USE PERMIT FOR HARK'S
CORNER BY VAN HEES PROPERTIES, LLC -CUP-03-009 -Page 3
Site Specific Requirements:
1. Dedicate 45-feet ofright-of--way from the centerline of Linder Road abutting the
parcel by means of recordation of a final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (or other required pernuts), whichever occurs first.
Allow up to 30 business days to process the right-of--way dedication after receipt of all
requested material. The owner will be paid the fair market value of the right-of--way
dedicated which is an addition to existing ACRD right-of--way.
2. The existing 36-foot wide driveway on Linder Road located at the south property
line, approximately 220-feet south of the signalized intersection at Franklin Road, is
approved with this application as a right-in/right-outJleft-in driveway. Construct a traffic
island/median on Linder Road to restrict left-out traffic. The applicant shall coordinate
the design and location of the traffic island/median with District staff.
3. Staff recommends that the applicant either utilize the existing 36-foot wide right-
in/right-out driveway on Franklin Road located a minimum of 220-feet from the
intersection as right-in(right-out, OR construct a 35-foot wide full access driveway on
Franklin Road located a minimum of 315-feet from the intersection. If the applicant
constructs aright-in/right-out driveway, then the applicant shall install a median in
Franklin Road located 50-feet west of the stop bar at Linder Road, and extending 50-feet
west of the western edge of driveway on Franklin Road.
4. If the applicant chooses to construct aright-in/right-out driveway located 220-feet
west of Linder Road, then a second driveway could be constructed located 440-feet west
of Linder Road, and located to align or offset a minimum of 150-feet from any existing or
proposed driveways on the north side of Franklin Road (Cafarelli Subdivision -approved
in 2000). If the applicant chooses to construct a full access driveway located 315-feet
west of Linder Road, then a second driveway could be constructed located to align or
offset a minimum of 150-feet from any existing or proposed driveways on the north side
of Franklin Road (Cafarelli Subdivision -approved in 2000).
5. Paue the driveways on Franklin Road their full width and at least 30-feet into the
site beyond the edge of pavement of Franklin Road and install pavement tapers with 15-
foot radii abutting the existing roadway edge.
6. Pave the driveway on Linder Road its full width and at least 30-feet into the site
beyond the edge of pavement of Linder Road with 15-foot curb radii.
7. Construct a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel,
where there are not currently improvements. Extend the sidewalk from its existing
location and alignment.
8. All existing/proposed irrigation facilities shall be relocated outside of the right-of-
way on Linder Road and Franklin Road.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR HARK' S
CORNER BY VAN HEES PROPERTIES, LLC -CUP-03-009 -Page 4
9. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
10. Replace unused curb cuts on Franklin Road with standard curb, gutter and
concrete sidewalk to match existing improvements.
1 I. Other than the access points specifically approved with this application, direct lot
or parcel access to Linder Road or Franklin Road is prohibited.
Standard Requirements:
1. A request for modification, variance or waiver of any requirement or policy
outlined herein shall be made in writing to the ACRD Planning and Development
Supervisor. The request shall specifically identify each requirement to be reconsidered
and include a written explanation of why such a requirement would result in a substantial
hardship or inequity. The written request shall be submitted to the District no later than
9:00 a.m. on the day scheduled for ACRD Commission action. Those items shall be
rescheduled for discussion with the Commission on the next available meeting agenda.
Requests submitted to the District after 9:00 a.m on the day scheduled for Commission action do not
provide sufficient time for District staff to remove the item from the consent agenda and report to the
Commission regarding the requested modification, variance or waiver. Those items will be acted on by the
Commission unless removed from the agenda by the Commission.
2. After ACHD Commission action, any request for reconsideration of the
Commission's action shall be made in writing to the Planning and Development
Supervisor within six days of the action and shall include a minimum fee of ~ 110.00.
reconsidered and include written documentation of data that was not available to the
Commission at the time of its original decision. The request for reconsideration will be
heard by the District Commission at the next regular meeting of the Commission. If the
Commission agrees to reconsider the action, the applicant will be notified of the date and
time of the Commission meeting at which the reconsideration will be heard.
3. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #193, also known as Ada County Highway District Road
Impact Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
5. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
RECOMIVIENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR HARK'S
CORNER BY VAN HEES PROPERTIES, LLC -CUP-03-009 -Page 5
6. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval
for occupancy.
7. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-
342-1585) at least two full business days prior to breaking ground within ACRD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
8. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada Courny Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
9. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
All roads shall have a turning radius of 28' inside and 48' outside.
4. All access roads within the project shall have a cleaz driving surface with a
minimum width of 20' available at all times. UFC 902.2.2.1
E. Adopt the Recommendations of Central District Health Department as follows:
Plans aze required to be submitted for a plan review for any food establishment.
2. Please contact Deb Carney at CDHD 327-8527.
RECOIvIMENDATION TO CITY COUNCII, OF APPROVAL OF CONDITIONAL USE PERMIT FOR HARK'S
CORNER BY VAN HESS PROPERTIES, LLC -CUP-03-009 -Page 6
F. Adopt the Recommendations of Sanitary Service as follows:
Allow 10' minimum clearance inside of the gate posts & 2 openings.
G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. If any storm drainage leaves the site, the irrigation district will require that the
applicant file a Land Use Change/Site Application with the irrigation district for
it's review.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR HARK' S
CORNER BY VAN HESS PROPERTIES, LLC -CUP-03-009 -Page 7