<html><head><meta http-equiv="content-type" content="text/html; charset=utf-8"></head><body dir="auto"><div><span></span></div><div><meta http-equiv="content-type" content="text/html; charset=utf-8"><div><span></span></div><div><meta http-equiv="content-type" content="text/html; charset=utf-8"><div style="-webkit-text-size-adjust: auto;"><span></span></div><div><meta http-equiv="content-type" content="text/html; charset=utf-8"><div style="-webkit-text-size-adjust: auto;"><span></span></div><div><meta http-equiv="content-type" content="text/html; charset=utf-8"><div style="-webkit-text-size-adjust: auto;"><span></span></div><div><meta http-equiv="content-type" content="text/html; charset=utf-8"><div style="-webkit-text-size-adjust: auto;">"<span style="font-family: Fd19587-Identity-H; font-size: 11pt;">The goal of the Central Business District is to encourage pedestrians
and discourage traffic congestion."</span></div><div style="-webkit-text-size-adjust: auto;"><br></div><div style="-webkit-text-size-adjust: auto;">Your attention is invited to the minutes of the February 22, 2007 Session of the Moscow Zoning Board of Adjustment at:</div><div style="-webkit-text-size-adjust: auto;"><br></div><div><span style="-webkit-text-size-adjust: auto;"><a href="http://www.ci.moscow.id.us/records/Minutes/BOA_02-22-07.pdf#search=drive%2Dthru">http://www.ci.moscow.id.us/records/Minutes/BOA_02-22-07.pdf#search=drive%2Dthru</a></span></div><div style="-webkit-text-size-adjust: auto;"><br></div><div style="-webkit-text-size-adjust: auto;">------------------------------------</div><div style="-webkit-text-size-adjust: auto;">
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<p><b><span style="font-size: 11.000000pt; font-family: 'Fd51068-Identity-H'">2. </span><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">Application for a Conditional Use Permit at 525 S Jackson Street
</span></b></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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 </span><span style="font-family: Fd19587-Identity-H; font-size: 11pt;">traffic control signage and alley improvements and (4) provide storm water and flood
hazard mitigation.</span></p>
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<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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 </span><span style="font-size: 11.000000pt; font-family: 'Fd51068-Identity-H'">if </span><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">they could
make it a condition that the applicant would need to stipulate the sign be located there
or the CUP would be invalid.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">Ries asked if the alley was paved. Clapperton stated that it is paved from Sixth Street
past the subject lot..
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">Chair asked for testimony in favor of the application.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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. </span></p><p>
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<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">Chair asked for testimony in opposition of the application.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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 </span><span style="font-family: Fd19587-Identity-H; font-size: 11pt;">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.</span></p>
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<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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 </span><span style="font-size: 11.000000pt; font-family: 'Fd51068-Identity-H'">if </span><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">Chair closed the pubic hearing at 7:59 p.m.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.</span></p><p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'"> </span><span style="font-family: Fd19587-Identity-H; font-size: 11pt;">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.</span></p>
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<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">Bazzoli stated that he was willing to make the motion, but did not feel they should
require a "study" because statistics can be manipulated.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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.
</span></p>
<p><span style="font-size: 11.000000pt; font-family: 'Fd19587-Identity-H'">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. </span></p></div></div></div></div></div></div></div></div></div></div></div></div></div></div></div></div><div style="-webkit-text-size-adjust: auto;">------------------------------------<br><br><div><span style="background-color: rgba(255, 255, 255, 0);">Seeya 'round town, Moscow, because . . .</span></div><div><span style="background-color: rgba(255, 255, 255, 0);"><br></span></div><div><span style="background-color: rgba(255, 255, 255, 0);">"Moscow Cares" (the most fun you can have with your pants on)</span></div><div><a href="http://www.moscowcares.com/" style="background-color: rgba(255, 255, 255, 0);"><font color="#000000">http://www.MoscowCares.com</font></a></div><div><span style="background-color: rgba(255, 255, 255, 0);"> </span></div><div><div><span style="background-color: rgba(255, 255, 255, 0);">Tom Hansen</span></div><div><span style="background-color: rgba(255, 255, 255, 0);">Moscow, Idaho</span></div></div><div><span style="background-color: rgba(255, 255, 255, 0);"><br></span></div><div><span style="background-color: rgba(255, 255, 255, 0);">"There's room at the top they are telling you still.</span></div><div><span style="background-color: rgba(255, 255, 255, 0);">But first you must learn how to smile as you kill,</span></div><div><span style="background-color: rgba(255, 255, 255, 0);">If you want to be like the folks on the hill."</span></div><div><span style="background-color: rgba(255, 255, 255, 0);"><br></span></div><div><span style="background-color: rgba(255, 255, 255, 0);">- John Lennon</span></div><div><span style="background-color: rgba(255, 255, 255, 0);"> </span></div></div><div style="-webkit-text-size-adjust: auto;"><br>On Apr 11, 2014, at 6:51 PM, "Bev Bafus" <<a href="mailto:bevbafus@frontier.com">bevbafus@frontier.com</a>> wrote:<br><br></div><blockquote type="cite" style="-webkit-text-size-adjust: auto;"><div><meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1"><meta name="Generator" content="Microsoft Word 14 (filtered medium)"><style><!--
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</o:shapelayout></xml><![endif]--><div class="WordSection1"><p class="MsoNormal"><a href="https://www.ci.moscow.id.us/records/Public%20Hearing%20Notices/525%20S%20Jackson.pdf">https://www.ci.moscow.id.us/records/Public%20Hearing%20Notices/525%20S%20Jackson.pdf</a><o:p></o:p></p><p class="MsoNormal"><o:p> </o:p></p><p class="MsoNormal">As a business owner in the downtown core, I would hate to see downtown become another strip mall.<o:p></o:p></p><p class="MsoNormal"><o:p> </o:p></p><p class="MsoNormal">We were told that drive up windows were not allowed in the downtown core. Period.<o:p></o:p></p><p class="MsoNormal"><o:p> </o:p></p><p class="MsoNormal">Bev<o:p></o:p></p><p class="MsoNormal"><o:p> </o:p></p><p class="MsoNormal"><o:p> </o:p></p><p class="MsoNormal"><o:p> </o:p></p><p class="MsoNormal"><o:p> </o:p></p><p class="MsoNormal"><o:p> </o:p></p><p class="MsoNormal"><b><span style="font-family:"the Blue Cabin";color:#4F81BD">Bev Bafus<o:p></o:p></span></b></p><p class="MsoNormal"><b><span style="font-family:"the Blue Cabin";color:#4F81BD">Bev’s Office Services<o:p></o:p></span></b></p><p class="MsoNormal" style="text-autospace:none"><b><span style="font-family:"the Blue Cabin";color:#76923C">Caf</span></b><b><span style="font-size:12.0pt;font-family:"Times New Roman","serif";color:#76923C">é</span></b><b><span style="font-size:12.0pt;font-family:"the Blue Cabin";color:#76923C"> Artista</span></b><b><span style="font-family:"the Blue Cabin";color:#76923C"><o:p></o:p></span></b></p><p class="MsoNormal"><b><span style="font-family:"the Blue Cabin";color:#4F81BD">417 Pintail Lane<o:p></o:p></span></b></p><p class="MsoNormal"><b><span style="font-family:"the Blue Cabin";color:#4F81BD">Moscow, ID 83843<o:p></o:p></span></b></p><p class="MsoNormal"><b><span style="font-family:"the Blue Cabin";color:#4F81BD"><o:p> </o:p></span></b></p><p class="MsoNormal"><b><span style="font-family:"the Blue Cabin";color:#4F81BD">208-874-2939<o:p></o:p></span></b></p><p class="MsoNormal"><b><span style="font-family:"the Blue Cabin";color:#4F81BD">Fax 866-874-0437<o:p></o:p></span></b></p><p class="MsoNormal"><b><span style="font-family:"the Blue Cabin";color:#4F81BD"><o:p> </o:p></span></b></p><p class="MsoNormal"><b><span style="font-family:"the Blue Cabin";color:#4F81BD"><a href="http://www.bevsofficeservices.com/"><span style="color:#4F81BD">www.bevsofficeservices.com</span></a><o:p></o:p></span></b></p><p class="MsoNormal"><b><span style="font-family:"the Blue Cabin";color:#76923C"><a href="http://www.tomboytools.info/bevbafus"><span style="color:#76923C">www.cafeartistamoscow.com</span></a><o:p></o:p></span></b></p><p class="MsoNormal"><o:p> </o:p></p></div></div></blockquote><blockquote type="cite" style="-webkit-text-size-adjust: auto;"><div><span>=======================================================</span><br><span> List services made available by First Step Internet,</span><br><span> serving the communities of the Palouse since 1994.</span><br><span> <a href="http://www.fsr.net">http://www.fsr.net</a></span><br><span> <a href="mailto:Vision2020@moscow.com">mailto:Vision2020@moscow.com</a></span><br><span>=======================================================</span></div></blockquote></div></div></div></div></div></body></html>