[Vision2020] Read this entire thing. All the way to the bottom, see pictures.

[Tom Hansen]

"The goal of the Central Business District is to encourage pedestrians and discourage traffic congestion."

Your attention is invited to the minutes of the February 22, 2007 Session of the Moscow Zoning Board of Adjustment at:

http://www.ci.moscow.id.us/records/Minutes/BOA_02-22-07.pdf#search=drive%2Dthru

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2. Application for a Conditional Use Permit at 525 S Jackson Street

Chair opened the public hearing at 7:10 pm. Clapperton gave a PowerPoint presentation. The proposal is to develop a Dutch Bros Coffee outlet. Their operation hours are 5:30am to 1O:OOpm Sunday - Thursday and 5:30am to 11:OOpm Friday - Saturday. They will have two employees during peak hours. The proposal shows access at the adjacent existing alley and there are no new curb cuts proposed. There will be drive-up and walk-up service. The will receive deliveries once a week. The location site is in the Central Business (CB) Zone. Drive-up windows not associated with financial institutions and establishments preparing food primarily for take-out require a CUP. The goal of the Central Business District is to encourage pedestrians and discourage traffic congestion. The site is within 100 year floodplain. The new development should include on-site detention for storm water run off. Sixth Street is a collector and Jackson is an arterial. The Land Use of Intensive Commercial (IC) corresponds with the CB District. The traffic counts are recorded as 10,729 on Sixth Street and 11,945 on Jackson Street. Dan Weaver, Police Chief, provided email correspondence on January 30 and on February 16, 2007. Evan Laubach, Staff

Engineer, provided a memo dated Jan. 31 discussing drainage, utility and traffic issues. David Couch of lTD provided a letter dated February 8, 2007 stating no curb cuts would be allowed from Jackson Street. Staff recommends the following conditions: (1) no curb cuts, (2) maintain a fence (and/or landscape) along street frontages, (3) provide traffic control signage and alley improvements and (4) provide storm water and flood hazard mitigation.

Wheaton asked about the traffic control signage and having it located in the parking lot. Clapperton stated that Engineering would be responsible for the signage location. Bazzoli asked if Engineering is requiring any changes to the curb cuts at the alley way. Clapperton stated that they were not. Bazzoli asked if the applicant were allowed the "right turn only" sign would the Coeur d'Alene Brewery be agreeable because their customers would not be able to pull out and turn east bound nor can they go out the northwest side of their parking lot as it is a one-way street. Clapperton stated that she had not received any comments from the owner of the brewery and there could be potential impacts. Wilson asked who is responsible for making it a right turn only. Clapperton stated the Board could make it a condition of the permit and the City

Engineer also has the authority to install such signs. Wilson asked if the sign would be enforceable. Clapperton stated that the City could enforce it. Dixon asked if they could make it a condition that the applicant would need to stipulate the sign be located there or the CUP would be invalid.

Fife stated that it is not appropriate for the Board to direct that the sign go there as it is the responsibility of the traffic engineer and the police department. However, the Board can either recommend or put conditions on that they mitigate the impacts and they would have to get the authority to make arrangements that are reasonable. Fife stated that private signs are not enforceable.

Ries asked if the alley was paved. Clapperton stated that it is paved from Sixth Street past the subject lot..

Chair asked for testimony in favor of the application.

Gary Sather. 615 Ekes Road. He stated that he has met with LesMacDonald, City Engineer, about the best way to handle the traffic situation. He stated that the right turn only was not a condition that was discussed. He stated that it could be difficult to get out of the alley as it presently exists. They are willing to address the traffic situation in whatever manner is needed to mitigate traffic. He does not believe that it will add significantly to the risk of an accident in that location. The current proposed configuration allows for 14 cars to stack up without spilling out into Sixth Street or the alley. They have taken into consideration the downtown parking situation and propose ten spaces for their customers. customers of the brewery and of downtown.

Dixon asked if Sather was aware that they would have to provide storm drain retention. Sather stated that he was aware of this. Dixon asked if he was aware that they would have to comply with the flood zone requirements and provide additional information on traffic. Sather stated that he was agreeable to these requests. 

Sather stated that trucks or motor homes would not be able to pull into the facility and come through as a normal customer. They would have to park in the alley or on the street and walk up.

Bazzoli asked, with regards to the elevations on the flood plain, would it require the floor of the building to be so high that an employee would be reaching down to the car. Sather stated they would engineer the facility to maintain the counter height.

Chair asked for testimony in opposition of the application.

Philip Cook, 804 Eisenhower Street. He stated that the applicant mentioned the Transportation Commission making a recommendation, he serves on the Commission and they have not made any recommendation as it was brought to them as informational. He asked the Board to deny the application and provided a list of 30 items where the applicant has not met the relevant criteria and standards from City Code and the Comprehensive Plan with his detailed statement (see attachment). He is concerned it will endanger public safety of pedestrians and cyclists using Sixth Street. Traffic impacts have not been determined at this site. The site design shows that pedestrians would have to cross one lane of traffic. He stated thatMacDonald's memo was not in the file yesterday. This project does not fit in to the downtown design or character of the Sixth Street corridor.

David Peckham, 913 South Jefferson. He is concerned with the traffic and bikes. He asks if the brewery knows about the right turn only sign.

Jack Porter, 725 East "E" Street. He is concerned as a pedestrian and cyclist. He feels this is the wrong location for this business. He asked that the Board deny this CUP.

Susan Ross, 430 N Lincoln Street. She stated that the alley is only 1/3 paved, which contributes to difficulties for the cyclist and pedestrians. She stated that the design does not contribute to the downtown area.

Diane Prorak, 2108 Vandal Drive. She is a cyclist and sees the project as producing a lot of conflicts. She stated that she was on the original committee that designed the Sixth Street area bike lanes to increase multi-modal use. She does not feel that this business fits with the original vision.

Matt Kitterman, 477 Quail Run. He stated to see what not to do on Sixth Street they should visit Taco Time. He agrees with the other cyclists and would like this CUP denied.

Aaron Dorn, 500 Queen Road. He is an architecture student at Ul and does not feel that the building design would fit in. He would like it denied.

Ted Cowin, 517 S Jackson Street. He stated that the property is only 90 feet wide. The cyclists traveling in both the west bound and east bound directions use the west bound  lane on the north side of Sixth Street. He objects to a "right turn only sign" because he accesses his property from this alley. He is concerned about the storm water retention. His property has been flooded on occasion by surface water and sewer line back. He stated that if the lot is paved it will prevent the absorption of water into the ground.

Kai Eiseleon, 1751 N Polk Ext, Editor of Latah Eagle. He stated that he does not have a problem with the project. His only issue is with the right turn only sign as he uses the alley turning left out of his business. He suggested possibly no left turn during peak hours.

Monson asked if the site is an empty lot. Cowin stated that it is and is currently used for parking by Coeur d'Alene Brewery and Farmer's Market. Monson asked if there is traffic moving in and out as a daily occurrence. Cowin stated that it does. Monson asked Cowin if he had been in the area for a while. Cowin stated he had been there since 1962. Monson asked if he recalled what affect University Pointe had on cyclists when it was built. Cowin stated he did not recall.

Clapperton informed the Chair that they received an email from Tom Lamar at 6:13 p.m. today and asked if the Board would accept the email. Wheaton stated that he would not accept the email for the record.

Sather addressed the comments that were made. He stated that they have the ability to queue in excess of 14 cars unlike Taco Time on Sixth Street. He stated landscaping will be installed on the site with outdoor seating. They feel that the design does fit into the downtown and Ul culture. He stated that Dutch Bros gives back to the community and as part of his franchise agreement he is required to give a minimum of 1% of gross sales to the community.

Wilson asked how many cars per hour did Sather project would go through their drive­ up. Slater stated that in the peak hours they projected 22 vehicles and 11 pedestrians per hour with 4 or 5 cars per hour otherwise. 

Chair closed the pubic hearing at 7:59 p.m.

Bazzoli stated that he is concerned about the circulation of cars through the business. He would have liked to have a site plan that was drawn to scale. The other issue is the flood plain and keeping relationship between the person in the car and the person at the window. He would like to have heard from the Coeur d'Alene Brewery.

Monson stated that anything going there will increase traffic and he does not feel that legally they can enforce a sign. He stated it is an empty lot and at some point in time something will change.

Dixon stated that his concern is about the elevation and the two ways of traffic in and out of the alley. He would like to have a site drawing to scale. He stated that they heard testimony that even though the map shows 100 feet but it may not be correct.

 Wheaton agreed that it seems very incomplete. Bazzoli asked if part of the lot is in the right-of-way. Dixon stated that he was impressed with testimony regarding pedestrians and cyclists and the traffic situation regarding safety. Wheaton is concerned about the signage.

Wilson stated that cyclists often make poor choices and they are always going to be at risk from the cars. He asks how many cars are too many and when do they become a nuisance. He stated that 70 turns in and out of the alley, is that too many. He does not think a "right turn sign" is totally unenforceable. Wilson suggested that they table this until additional information is received.

Bazzoli stated that a site plan to scale should have been required. Bazzoli stated that what appears to be making this a real hazard is that the applicant is allowed access from only one side of the corner lot.

Fife reminded the Board that they have the ability to require studies of social, economic, fiscal and environmental impact be made prior to granting of the proposed CUP.

Ries stated that the drawing was insufficient because of the flood plain issue. Further, there is no indication of landscaping for the site. He feels that the lack of information is a concern. He is sympathetic to the pedestrian and cyclist concerns.

Dixon stated that as the proposal stands he would have to vote against the CUP. He would like to have more information and perhaps the Board should table this application.

Bazzoli stated that he was willing to make the motion, but did not feel they should require a "study" because statistics can be manipulated.

Bazzoli made a motion that they table the application until a site plan to scale that shows the right-of-way, the flood plain, traffic circulation, widths of the car lanes seen on paper is prepared and resubmitted to the Board. Dixon seconded. Vote by Acclamation: Ayes: Six. Nays: none. Abstentions: None. Motion carried.

Fife reminded those who participated or want to participate that this issue is related to a public hearing and it would be inappropriate for anyone to try to influence the Board members by providing information outside of the public hearing process. 

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Seeya 'round town, Moscow, because . . .

"Moscow Cares" (the most fun you can have with your pants on)
http://www.MoscowCares.com
  
Tom Hansen
Moscow, Idaho

"There's room at the top they are telling you still.
But first you must learn how to smile as you kill,
If you want to be like the folks on the hill."

- John Lennon
  

> On Apr 11, 2014, at 6:51 PM, "Bev Bafus" <bevbafus at frontier.com> wrote:
> 
> https://www.ci.moscow.id.us/records/Public%20Hearing%20Notices/525%20S%20Jackson.pdf
>  
> As a business owner in the downtown core, I would hate to see downtown become another strip mall.
>  
> We were told that drive up windows were not allowed in the downtown core.  Period.
>  
> Bev
>  
>  
>  
>  
>  
> Bev Bafus
> Bev’s Office Services
> Café Artista
> 417 Pintail Lane
> Moscow, ID  83843
>  
> 208-874-2939
> Fax 866-874-0437
>  
> www.bevsofficeservices.com
> www.cafeartistamoscow.com
>  
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