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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 STAFF REPORT Hearing Date: December 4, 2008 (Continued from November 20, 2008) TO: Planning & Zoning Commission E IDIAN%F'""' FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: Sonic/Taco Time • CUP-08-029 On November 20 2008 the Plannina and Zoning Commission voted to continue this Proiect to allow for a redesign of the site plan. The applicant has submitted a revised site plan with the following changes. • The building orientations have changed from the previous site plan The Sonic restaurant rotated 90 degrees and runs north and south and the Taco Time restaurant has shifted eastward and no longer conflicts with the Sonic drive -through As a result of the redesign the applicant has increased the size of the site to better accommodate the proposed drive throughs. • The applicant has shifted the approved northern driveway (E Cinema Drive) access to the west and widened the western access oint S. Millennium Wa for better access to the site. In addition an additional drive aisle is de icted which connects the southeast corner of the Taco Time site with S. Celebration Avenue. • The applicant has provided two-way access with the Dutch Brothers site to the south located in the southeast corner of the ro iosed Sonic site. • A revised landsca 1, rovided to staff for review however it is antici ated that a landscape plan may be available prior to the public hearing • Bike racks have been Provided for both sites and the pedestrian connectivit is rovided from the adiacent public sidewalks Further all parki compliance with the UDC ng stalls and drive aisles are in Staff has reviewed the revised site Wan and has not recommended an additional modifications. Anal Ms of the revised site flan and modified conditions of a roval for the CUP are provided in a strike through and underline format below. I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Boise Food Service, has applied for Conditional Use Permit (CUP) approval for two drive -through establishments within 300 feet of another drive -through establishment (Dutch Brothers Coffee). The property is currently zoned C-G (General Retail and Service Commercial District). The applicant is proposing to construct two fast food restaurants (Sonic and Taco Time) with drive -through windows on this site. UDC 11-213-2 lists a drive -through facility as an Accessory/Conditional use in the C-G zone, with Specific Use Standards for Drive -through Establishments. The Specific Use Standards listed in UDC 11-4-3.11 require Conditional Use Permit (CUP) approval for drive - through facilities that are within 300 feet of another drive -through facility or a residential district or an existing residence, prior to submittal of a Certificate of Zoning Compliance application. Sonic/Taco Time CUP-08-029 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 2. SUMMARY RECOMMENDATION Staff has provided detailed analysis of the requested CUP application below. Staff recommends approval of the application, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-08- 029 as presented during the hearing date of December 4, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on December 4, 2008. Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP- 08-029 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-08-029 as presented during the hearing of December 4, 2008, for the following reasons: (you must state specific reason(s) for the denial of the conditional use permit and what the applicant may do to gain your approval in the future.) I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on December 4, 2008. 4. APPLICATION AND PROPERTY FACTS a. Site Address / Location: North of E. Overland Road, on the east side of S. Millennium Way and on the south side of E. Cinema Drive SW % of Section 17, T.3N., R.IE. b. Owner: Same as Applicant c. Applicant: Boise Food Service 1010 Allante Street, Suite #100 Boise, Idaho 83709 d. Representative: Bill Strite, BRS Architects e. Present Zoning: C-G (General Retail and Service Commercial District) f. Comprehensive Plan Land Use Designation: Mixed Use -Regional g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval to construct two drive -through establishments within 300 feet of another drive -through business. 5. PROCESS FACTS a. The subject application is for conditional use approval per City Ordinance. A public hearing is City Code, Title 11, Chapter 5. required before the Planning and Zoning Commission consistent with the provisions of Meridian Sonic/Taco Time CUP-08-029 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 b. Newspaper notifications published on: November 3, 2008 and November 17, 2008 c. Radius notices mailed to properties within 300 feet on: October 24, 2008 d. Applicant posted notice on site by: November 10, 2008 6. LAND USE a. Existing Land Use(s): The site currently consists of two vacant lots (Lots 4 and 5, Block 1) in Destination Place Subdivision No. 2. b. Description of Character of Surrounding Area: This area is transitioning to a mix of commercial, office and entertainment uses. c. Adjacent Land Use and Zoning: 1. North: Multi -tenant Building; zoned C-G 2. West: Vacant commercial lot and Multi -tenant Buildings; zoned C-G 3. South: Dutch Brothers Coffee Kiosk; zoned C-G 4. East: Vacant commercial lots and Multi -tenant buildings; zoned C-G d. History of Previous Actions: In 2004, the subject property was preliminarily platted (PP-04-042) with 18 commercial lots. The final plat (FP-05-014) for Destination Place Subdivision No. 1 was approved in 2005 and portion of the lot 1 and all of lot 2, Block 1 was short platted (SHP-08-001) as four lots and approved in 2008. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer already stubbed to this lot. Location of water: Water already stubbed to this lot. Issues or concerns: None 2. Vegetation: Existing 10-foot wide landscape buffers. 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: NA 6. Size of Property: 1.1 acres 7. Description of Use: Proposed 1,526 square foot Sonic restaurant and a 2,300 square foot Taco Time restaurant f. Summary of Proposed Streets and / or Access: The applicant is not proposing any new access points to South Millennium Way and East Cinema Drive. However, the applicant is proposing to relee-ate modify the approved western and northern driveway accesses t&4h&east to the site redesign. Both Staff and ACHD approve of the new location for the p aaprch along the northern boundary. In addition, the applicant has provided one two way cross access with the Dutch Brothers site to the south located in the southeast corner of the proposed development (See attached site plan in Exhibit A). 7. AGENCY COMMENTS On October 30, 2008 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department and Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. Sonic/Taco Time CUP-08-029 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 S. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Regional (MU-R)." Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub -categories. "Generally, the mixed -use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The purpose is to designate areas at predominant corners of major arterials that provide a mix of employment, retail and residential or public uses. The developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The intent is to integrate a variety of uses, including residential and to avoid predominantly single use developments such as a regional retail center. This category includes uses such as grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, professional offices, retail/gift shops, clothing stores, garden centers, restaurants, banks, drive -through facilities, auto service stations, department stores, medical/dental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons, daycares, entertainment uses, major employment centers, and clean industry. The subject site is currently zoned C-G, which complies with the MU-R land use designation. Staff believes the proposed drive -through establishments will generally conform to the stated purpose, intent, and standards of the MU-R land use category within the Comprehensive Plan and complement existing uses in the area. Currently in the area there is a mix of uses including a movie theater, muitl- tenant buildings, personal service shops, restaurants, retail, Harley Davidson Dealership, and animal hospital. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." S. Millennium Way and E. Cinema Drive are designated as local streets. Access points for the subject site were evaluated and approved with Destination Place Subdivision. No additional access points are proposed with this application. The northern and western access pointsill be modified to accommodate the redesign of the site w • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." A 10 foot wide landscape buffer has been installed along S Millennium Way and E. Cinema Drive with the approval of Destination Place Subdivision. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to in and maintain landscaping." stall In addition to the required streetscape buffers, planter islands and 5-foot landscape buffers are required adjacent to drive aisles and parking. On the submitted landscape plan the applicant generally complies with this requirement. See Landscaping in the Analysis section below. • Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.- Sonic/Taco Time CUP-Og-029 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 City water and sewer are stubbed to the parcels. Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." Staff believes the proposed drive -through restaurants should add to the variety of uses in the area. Staff believes that the proposed project is consistent with the Comprehensive Plan and is compatible with the surrounding uses. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists a drive -through facility as an Accessory/Conditional use in the C-G zone, with Specific Use Standards for Drive -through Establishments. The Specific Use Standards listed in UDC 11-4-3.11 for Drive -through Establishments require Conditional Use Permit (CUP) approval for drive through facilities that are within 300 feet of another drive through facility or a residential district or an existing residence (see Section 10 below for additional specific use standards related to drive -through establishments). The subject property is within 300 feet of another drive -through facility (Dutch Brothers Coffee Kiosk). b. Purpose Statement of Zone: The purpose of the C-G district is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. c. Dimensional standards for the C-G zoning district, per UDC Table 11-213-3: There are no minimum setback requirements in the C-G zoning district. The maximum building height in the C-G zoning district is 65 feet; the elevations for the two proposed buildings compl requirement. y with this 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP request as proposed, with the following comments: te pedestrig Within the WAS Dimensional Standards: There are no minimum setback requirements in the C-G zoning district. The maximum building height in the C-G zoning district is 65 feet; the elevations for the two proposed buildings comply with this requirement. Sonic/Taco Time CUP-08-029 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 Drive -Through Establishment: Per UDC 11-4-3-11, Specific Use Standards apply to the proposed drive -through uses of the property as follows: • All establishments providing drive -through service shall identify the stacking lane, speaker location, and window location on the plans submitted with the Certificate of Zoning Compliance application. The stacking lanes, speaker location and pick up windows as shown and comply with this requirement. • Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. Staff believes there is sufficient stackingca proposed restaurant uses. P aci ty for the • The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. There are separate stacking lanes proposed for each of the proposed drive-throughs. • The stacking lane shall not be located within ten feet (101) of any residential district or existing residence. NA (The proposed stacking lane is not within 10' of a residential district or residence) • Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. The proposed stacking lanes for both drive-throughs exceed 100 feet in length; thus escape lanes have been provided as required by the UDC. • A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. The applicant shall comply with this requirement if covered under the Transportation Authority's (ACHD) jurisdiction. Staff finds that the revised site plan complies with the specific use standards for a drive -through establishment, as set forth in UDC 11-4-3.11. Landscaping: The applicant submitted a landscape plan prepared on September 23, 2008 by Harvest Design, labeled as Sheet LS-1 consistent with the previous site design The street buffer landscaping along S. Millennium Way and E. Cinema Drive were reviewed and approved with the final plat for Destination Place Subdivision. This landscaping should remain protected during construction on this site. UDC 11-3B. Said landscape plan shall be submitted atthetime of CZC submittal.l. in accordance w Staff has Fe�4ewed tile substaptially-cvzi p1je's v6�ttl�t})Ei 1 lnds ----- - _ _ - --W plan and fou Sonic/Taco Time CUP-08-029 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 Parking: Per UDC 11-3C-6, one vehicle parking space per 500 square feet of gross floor area is required in commercial districts. The proposed buildings consist of 1,526 square feet and 2,300 square feet; thus, 8 parking spaces are required. The applicant is proposing 43 parking spaces on the site for both restaurants which complies with this requirement. Nineteen of the stalls are proposed for drive up ordering vehicle dining) and a total of 24 stalls are proposed for patron parking (10 stalls for the So c site and 14 stalls for Taco Time). All of the stalls meet the dimensional requirements of the UDC. on the ly "'ith the should FeAse the sit Further, per UDC 11-3C-6, one bicycle parking space shall be provided for every 25 vehicle parking spaces. 'de ii bilie "" ' on the si The applicant is providing a bike rack for each of the proposed drive trough restaurants in accordance with the UDC. Access: The applicant is not proposing any new access points to South Millennium Way and East Cinema Drive and none are approved with this application. However, the applicant is proposing to shift the approved northern driveway E. Cinema Drive access to the west and widening the western access point (S Millennium Way) to accommodate the redesign of the site Staff approves of the modifications to the existm drivewa s and has received verbal confirmation from the a licant ACHD has no ob ections as well. A cross access easement was created for the lots to share access to/from the western driveway. The applicant is also proposing an additional two-way drive aisle located in the southeast corner of the site providing connectivity with the existing Dutch Brothers site as approved with the Dutch Brothers CZC. In addition the applicant is depicting an additional drive aisle connecti.,igy the southeast corner of the Taco Time site with S. Celebration Avenue. Said drive aisle should be constructed with the development of the site. the ppliea n sites Further, Staff has conditioned the applicant submit a -copy of the recorded cross access agreements with CZC submittal granting surrounding developed and undeveloped lots internal access and access to public streets Property Boundary Adiustment• As the lots are configured and approved with the plat for Destination Place No.2, *Iwr-tion of the located o ' a large portion of Taco Time site is not located on applicant's property. Staff has informed the applicant that a property boundary adjustment should be submitted to the City once the procurement of the CUP is obtained. Staff has included a condition of approval in Exhibit B requiring the applicant submit a recorded copy of the property boundary adjustment prior to the issuance of a CZC to accommodate the redesi n of the site plan Building Elevations: Building elevations were submitted for this site, prepared by BRS Architects and Sonic Corporation, labeled as Sheets CU-2 and A2, dated September 5 and 19, 2008. The proposed Sonic restaurant is to be constructed of grey concrete wall panel veneer with glazing on the western fagade and an arched canopy over the outdoor seating area. Poster boards and colored Sonic/Taco Time CUP-08-029 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 canopies will accent the north and south facades. In addition the parking along the southern boundary will be covered by the same colored canopies accenting the proposed building. The proposed Taco Time Building is shown to be constructed of stucco with stone accented fagade and corners. A glazing element is provided for the dine in portion of the proposed building. Cornices and modulation in the building is also part of the design features. The applicant has also depicted an outdoor seating area covered with a wooden trellis surrounded by a 3-foot decorative stone veneer wall. Staff is supportive of the proposed elevations and has attached these elevations in Exhibit A. Any future buildings constructed on the site shall substantially comply with these elevations. Further, Staff believes the trash enclosure should be constructed of high quality materials and complement the overall design of the buildings. Staff recommends the applicant construct said enclosure with acceptable materials, including but not limited to, tinted or textured masonry block, textured architectural coated concrete panels, or stucco or stucco -like synthetic materials with solid metal doors. The applicant should provide a trash enclosure detail at the time of CZC submittal. Hours of Operation: The applicant is proposing hours of operation from 6 am to 12 am daily. Staff has no objections to the proposed hours of operation. Site Plan: Site ifflPFOVOMMH4M4PM,,a���� Q/oi/ogj labeled as Sheet cu The revised site plan prppared by BRS Architects dated 12/01/08 labeled as sheet CU-R-3 is approved with no modifications from the Planning Department install a hike rwk An the q r. . «• be placed in the pianteF island Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior to issuance of building permits, for the two proposed drive through restaurants. The site plan submitted with the CZC shall be revised to comply with the conditions of approval listed in Exhibit B of this report and shall be submitted prior to establishment of the new use. All improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval CUP-08-029 for Sonic/Taco Time Project, as presented in the Staff Report for the hearing date of December 4, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan (Revised) Sonic/Taco Time CUP-08-029 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 3. Landscape Plan (dated September 23, 2008) (NOT APPROVED) 4. Building Elevations (dated September 5 and 19, 2008) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from Unified Development Code Sonic/Taco Time CUP-08-029 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 A. Drawings I. Vicinity Ma P �2305 1120 L- 109`1Rl 2275 A,107 2106 - �. / I-L INTERSTATE g4 iMTE I-L ..w 1921 197 1943 0 2286 2310 2326 2264 7 2342 2140 2240 2358 C-G 2600 2374 E CINEMA DR 2220 1510 1505 2295 ; Q Z O 2020 2310 2238 E OVERLAND RD 3 m � W U 2045 WLn en J 1618 1615 0 a ti17 N 1749 1737 R N; L-O E GALA S E GALA CT l ?Sg 1718 1773 2235��� N ° 1797 N 1736 � 2463 C-G 8 Ln N 1848 2& 2347 2389 1857 1873 om R-4 1925 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 2. CUP Site Plan Revised sx�auz��xry 4+,�•.o„ secs-xe teo; 1 E r = M w5 i` 3WIl C?)tf JINOS s .a.utraa,w �a �_ �4 U� Exhibit A -2- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 3. Landscape Plan (NOT APPROVED) 3WLL l-161NOS � � R \ r e 10i11; jlsa 4} Pat??? € _ Q Q W Q F M�6 z J � a -IL a d W < / z / F 6 i, 1� �NI �! � b lyl4 E I S#F{ m � Exhibit A -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4,2008 4. Building Elevations La o KEYNOTES Exhibit A -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENTS 1.1 The site im rovement plan, prepared by BRS Architects dated 12/01/08 labeled as Sheet CU-3R is approved, with no modifications from the Planning Department shall , , rr follows-. Add two additional "Gaution Pedesqian the planter- island )n the east side, of the Taeo Time placed in the4alldscaPed area west of the Sonic outdo0upatHyRfea- 1.2 The applicant shall comply with the applicable Specific Use standards listed in UDC 11-4-3-11 for drive - through establishments as follows: a. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way/driveway by patrons; b. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; c. A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. 1.3 The applicant shall submit a revised landscape Plan consistent with the aDproved site plan in accordance with UDC 11-3B. Said landscape plan shall be submitted at the time of CZC submittal.pFepafed by Hai=�,est Design, dated 9,93/08, labeled as She «t+ o i a , an The applicant shall Replace the SOHifeF tFee locate in planter- on�� deciduous4fee- eastern unda-Fy- 1.4 The 10-foot wide landscape buffers adjacent to S. Millennium Way and E. Cinema Drive shall remain protected during construction on the subject site. Any landscaping damaged during the construction shall be replaced with equal or superior plantings and materials. 1.5 Building elevations for the proposed buildings shall comply with the elevations shown in Exhibit A.4 and with the conditions noted in this report. 1.6 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply with the conditions of approval listed herein, prior to issuance of building permits. 1.7 No new access points to S. Millennium Way and E. Cinema Drive are approved with this application with the exception of the widelliLlg of the western driveway approach and the relocation of the northern driveway approach onto E. Cinema Drive as approved by ACHD Exhibit B -2- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 1.8 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.9 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance (UDC 11-3D). 1.10 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation or a time extension shall be submitted in accordance with 11-5B-6F. 1.11 Staff s failure to cite specific ordinance provisions or terms of approval of the Destination Place development does not relieve the applicant of responsibility for compliance. The applicant shall comply with all prior conditions of approval for this site. 1.12 The applicant shall submit a recorded cony of the property boundary adjustment prior to the issuance of a CZC to accommodate construction for the Taco Time site and the elimination of the narrow lot east of this site as proposed. king NkFIrA enelesufes ei the sit 1.13 Business hours of operation for the proposed restaurants shall be limited to the hours between 6 am and 12 am daily. 1.14 A cross -access easement shall be recorded via a recorded document for all lots within Block 1 of Destination Place Subdivision and Destination Place Subdivision No. 2. A cP-Py of the recorded cross access agreements s�IF.x,D rt�� + .».� �..+� _ shall be included with CZC application submittal. PP 1.15 The applicant shall construct the trash enclosure with acceptable materials, including but not limited to, tinted or textured masonry block, textured architectural coated concrete panels or stucco or stucco -like synthetic materials with metal doors. The applicant shall provide a trash enclosure detail at the time of CZC submittal. 1.16 The applicant shall construct the internal drive aisle extending from the southeast corner of the Taco Time site to S. Celebration Avenue as proposed. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development was previously installed or surety was provided. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2•2 Water service to this site was installed or surety was provided. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to obtaining a certificate of occupancy. 2.4 All existing structures that are required to be removed shall be prior to obtaining certificates of occupancy. Exhibit B -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non -domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375- 5211. 2.8 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District prior to applying for building permits. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to obtaining a certificate of occupancy. 2.10 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to obtaining a certificate of occupancy. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.15 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the footing is at least 1-foot above. 2.17 The applicants design engineer shall certify that all seepage beds out of the public right- of -way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval 2.18 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.19 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs Exhibit B -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. The applicant shall demonstrate the site complies with this Leguirement to the satisfaction of the Meridian Fire Department prior to the issuance of a CZC. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on -site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.7 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW. 3.8 Provide a Knox box entry system for the complex prior to occupancy. 3.9 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.10 Provide exterior egress lighting as required by the International Building & Fire Codes. 4. POLICE DEPARTMENT 4.1 The Police Department did not provide comments on this application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. Exhibit B -5- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 6. SANITARY SERVICES 6.1 Prior to issuance of a certificate of zoning compliance, the applicant shall submit an approved site plan from SSC. 6.2 Waste enclosure access: The applicant shall provide drive -on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 6.3 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 7. ADA COUNTY HIGHWAY DISTRICT 7.1.1 The applicant shall comply with all previous conditions of approval for this site. Exhibit B -6- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 C. Required Findings from Unified Development Code Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The proposed buildings and drive -through facilities on this site can accommodate and meet all dimensional and development regulations of this district (as amended). Staff finds that the subject property is large enough to accommodate the required parking, landscaping and other features required by the ordinance. The Commission should rely on Staffs analysis, and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the Comprehensive Plan designation for this property is "Mixed Use -Regional." The proposed use is generally harmonious with the Comprehensive Plan and the UDC (see Section 8 above for more information regarding the requirements for this use). c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of two restaurants with a drive-throughs should be compatible with other future and existing uses in the general neighborhood and the intended character of the area. The Commission should rely on Staff s analysis, and any oral or written public testimony provided when determining if this site will be compatible with other uses in the general vicinity. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation, and ACHD. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 Based on comments from other agencies and departments, Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff recognizes that traffic and noise will increase with the approval of a restaurant with a drive - through use in this location; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Therefore, Staff finds that the proposed uses will not be detrimental to people, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with this use that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Exhibit C -2-