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Home My WebLink AboutStaff Comments CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 STAFF REPORT TO: FROM: Hearing Date: 2/16/2006 Planning & Zoning Commission r-..() /"~" 'f!,~~ l....A1ðri dÙn~ '(, , L.J.\IK' r .~ J \'~'. ' ./ 'v,\, ,'" '¿'" ""'!,,!,"i~ J',!~~,"c'" S .. ,~.'J ' ,.~;v: C. Caleb Hood Current Planning Manager 208-884.5533 SUBJECT: Denny's Restaurant . CUP-05-061 Conditional Use Pennit for a 12,680 square foot commercial building housing a Denny's Restaurant and retail uses on 1.7 acres in the I-L zone, by Mark Chang 1. SUMMARY DESCRIPTION The applicant, Mark Chang, is requesting Conditional Use Pennit (CUP) approval to construct a 12,680 square foot commercial building. If approved, the proposed building will house a Denny's Restaurant and retail uses. The site is located on the south side of Fairview Avenue, approximately 900 feet east of Hickory Avenue. Concurrent to the CUP application, the applicant is requesting design review approval, as this property is located on an Entryway Corridor. The property is currently zoned I-L (Light Industrial.) The proposed building is located within Treasure Valley Business Center (TVBe). The existing Development Agreement for this site allows, among other uses, office, retail and restaurant uses in the I-L zone. The Findings of Fact and Conclusions of Law for the Treasure Valley Business Center, subjects all development within TYEC to obtain CUP approval. 2. SUMMARY RECOMMENDATION Below, staff has provided detailed analysis and recommended conditions of approval for the requested Conditional Use Pennit application. Staff recommends approval of the subject application. CUP-05-061. with the conditions contained in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP~ 05-061 as presented in the staff report for the hearing date of February 16, 2006, and the site plan labeled CU-l, dated October 12, 2005 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 Commission hearing on March 2, 2006. Denial After considering all staff, applicant and public testimony, I move deny File Number CUP-05- 061 as presented in the staff report for the hearing date of February 16, 2006, for the following reasons: (you must state specific reasons for denial.) I further move to direct staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on March 2, 2006. Continuance Denny's Restaurant CUP-05-061 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 After considering all staff, applicant and public testimony, I move to continue File Number CUP-05-061 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3155 E. Fairview Avenue/south side ofFairview Avenue, generally west of Eagle Road. Section 8, T3N RIB b. Owner: Mark Chang 4425 Desert Hollow Glendale, AZ 85310 c. Applicant: Mark Chang 4425 Desert Hollow Glendale, AZ 85310 d. Representative: Billy Rae Strite, BRS Architects e. Present Zoning: I-L f. Present Comprehensive Plan Designation: Comtnercial g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit (CUP) approval to construct a 12,680 square foot commercial building. If approved, the proposed building will house a Denny's Restaurant and future retail uses. The proposed building is located on Lot 2, Block 1, Treasure Valley Business Center Phase 1. The applicant is proposing to provide 111 parking spaces on this site. 1. Date of CUP site plan (attached in Exhibit A): October 10, 2005 2. Date of Landscape plan (attached in Exhibit A): October 5,2005 3. Date of Building Elevations (attached in Exhibit A): September 28,2005 and October 7,2005 h. Applicant's Statement/Justification: Having completed this task; again, as a result of the previously-approved master plan for the Treasure Valley Business Center (CUP-02-036), the applicant, Mark Change, respectfully requests Conditional Use approval to construct a single building in which the first phase is to house a Denny's Restaurant. It is the applicant's intent to complete the entire site work as delineated on the site plan, including the required cross access and shared parking to the west. We believe this application is consistent with the original approval and the Comprehensive Plan and meets the dimensional standards ofthe zone (please see applicant's submittal letter.) 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as required by the previously approved concept master plan for this site. By reason of the provisions ofUDC ll-5B-6, a public hearing is required before the City Council on this matter. Denny's Restaurant CUP-OS-O61 PAGE 2 CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 b. Newspaper notifications published on: January 30th and February 13th, 2006 c. Radius notices mailed to properties within 300 feet on: January 20th, 2006 d. Applicant posted notice on site by: February 6t,\ 2006 6. LAND USE a. Existing Land Use(s): Vacant. b. Description of Character of Surrounding Area: This area is rapidly transitioning into a commercial area. There are new restaurants and other commercial users to the east and west of the subject site. The lot to the south and the large property across Fairview Avenue from this site have not yet been developed. c. Adjacent Land Use and Zoning 1. North: Agricultural, zoned RUT (Ada County) 2. East: Commercial buildings, zoned I-L (TVBC & Krispy Kreme) 3. South: Vacant, zoned I-L (TVBe) 4. West: Commercial building, zoned I-L (TVBC) d. History of Previous Actions: In 1985 a 23 lot subdivision, Treasure Valley Business Center Phase I, was recorded on the southwest comer of Eagle Road and Fairview Avenue. In 2002, a conditional use pennit application (CUP-02-036) and re~subdivision application (PP- 02-024) was submitted to the City which included eight of the lots in TVBC #1. A Site Specific Condition of Approval for CUP-02-036 requires all future uses within this development to obtain CUP approval. This site is part of CUP-02-036. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is an eight-inch sewer main in the commercial drive aisle on the east side of this property. Location of water: There is an eight-inch water main in the commercial drive aisle on the east side ofthis property, and a twelve-inch main in Fairview. Issues or concerns: None. 2. Vegetation: N/A 3. Flood plain: N/A 4. Canals/Ditches Irrigation: 5. Hazards: N/ A N/A 6. Existing Zoning: I-L 7. Size of Property: 1.7 acres f. Conditional Use Information: 1. Non-residential square footage: 12,680 square foot building 2. Proposed building height: 17 feet, 6 inches 3. Number of Residential units: 0 g. Off-Street Parking: Denny's Restaurant CUP.OS-O61 PAGE 3 CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 1. Parking spaces required: 26 2. Parking spaces proposed: III 3. Compact spaces proposed: 14 4. Off-site parking proposed: The applicant is proposing to construct 10 parking spaces on the west side of the building that span the existing property line. Due to the proposed drive~through near these parking spaces and the narrow width of the drive- aisle, staff is recommending that this partially off-site parking be removed. h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the building will be through the previously approved access points to Fairview Avenue with Treasure Valley Business Center Phase I. There is an existing, shared driveway to Fairview Avenue located at the east property line (Krispy Kreme), and an existing access point located approximately 1O0-feet to the west of the western property line (Office Value). This is the last vacant parcel in TVBC #1 with frontage on Fairview Avenue. The applicant is proposing to connect the existing drive-aisles to the east and west, thereby allowing vehicles to access all of the businesses within TVBC without being forced to enter Fairview Avenue or Eagle Road. There is an existing cross-access agreement for the lots within TVBC # 1 to share the approved access points to Fairview Avenue. The applicant is proposing to record a cross-access and parking agreement with the property owner to the west. Staff is supportive of the proposed cross-access and cross-parking agreement. 7. COMMENTS MEETING On January 27,2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. The subject lands currently lie within the jurisdiction of the Ada County Sher(ff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the suqject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. . . . Denny's Restaurant CUP-OS-O61 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 . The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the suqject annexation. . Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action 2) The applicant is not proposing any new access points to Fairview Avenue with the subject application. All vehicular access will be taken from the existing driveways to/from Fairview Avenue. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is proposing to install internal and perimeter landscaping. Please see the CUP Analysis in Section 10 below jòr more information on landscaping this site. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, benns, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) The applicant is proposing to construct a landscape buffer along Fairview Avenue, an entryway corridor. Please see Section J 0 below for information regarding landscaping on this site. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed uses do contribute to the variety of uses in this area. Staff believes that the proposed restaurant and retail uses are consistent with the Comprehensive Plan and the previously approved applications for this site. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in Industrial Districts: UDC Table ll-2B-2 lists the pennitted, accessory, and conditional uses in the I-L zoning district. Restaurants are allowed as an accessory use in the 1- L zone. Retail uses are allowed as an accessory use in the I-L zone. The existing Development Agreement for this site allows, among other uses, office, retail and restaurant uses in the I-L zone, with CUP approval. b. Purpose Statement of Zone: The purpose of the I-L District is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and Denny's Restaurant CUP-05-061 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 distributing. In accord with the Meridian Comprehensive Plan, the I~L District is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this District. c. General Standards: No dimensional modifications are being requested for the proposed development; full compliance with the UDC is required. This site/building is subj ect to design review. Analysis of the design standards for buildings located in designated design review areas are provided in Section 10 below. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation As mentioned above, this site, and all of the Treasure Valley Business Center is currently zoned for industrial uses. However, this site has conceptually been approved for commercial uses. Staff finds that the proposed restaurant and retail uses are consistent with the Comprehensive Plan and the existing uses in this area. Staff is !!enerallv supportive of the site plan. landscape plan. and elevations submitted for this site. Parkin!!: The applicant is proposing to construct 111 parking stalls for this use; 26 parking stalls are required by Ordinance. UDC Table 11-3C-l requires 90-degree parking stalls to be 19-feet long, adjacent to 25-foot wide drive aisles. UDC Il-3C-5B4 allows parking stall dimensions to be reduced by 2 feet in length if 2 feet is added to the width of the sidewalk or landscape area. Compact stalls may be reduced in depth by an additional two feet. UDC 11-3A-17A requires sidewalks to be at least 5-feet wide. The applicant is proposing to construct some 17-foot long stalls on this site, adjacent to 6-foot wide sidewalks and 5-foot wide landscape strips. The applicant is also proposing to construct some compact stalls that are only 7.5 feet wide by 13 feet long. The applicant should construct parking in accordance with the provisions listed above. See Exhibit B below. The applicant is proposing to construct 10 angle parking stalls on the west side of the proposed building. This parking is directly adjacent to a one-way drive-through lane. Staff believes that this parking may be problematic and cause conflicts. Because there appears to be adequate parking spaces on this site without the 10 angle parking spaces on the west side of the building, staff recommends that this parking not be constructed. See Exhibit B below. One bicycle parking space shall be provided for every 25 vehicle parking spaces (UDC ll-3C- 6G). Provide a minimum 4-bicycle rack on this site. See Exhibit B. Access: There is an existing agreement for the lots within Treasure Valley Business Center Phase I to share the access points to Fairview Avenue. The applicant has submitted a draft copy of a cross-parking and cross-access agreement with the property owner to the west (Buich). Staff is supportive of the recordation of a document that will allow cross-access and cross-parking among the two parcels. Prior to issuance of a Certificate of Zoning Compliance (CZe) pennit, the applicant should submit a copy of a recorded cross.access/cross~parking agreement with the property owner to the west. See Exhibit B below. Landscapin!!: The landscape plan prepared by Harvest Design, P.C., on 10-5-05, labeled Sheet LS-l is approved with the following modifications/notes: . Provide a landscape buffer along Fairview Avenue that is at least 35-feet wide, exclusive of right-of-way (UDC ll-3B-7Cl). . Provide at least 8 trees within the Fairview Avenue landscape buffer; seven currently shown (UDC 11-3B-7C3b). Denny's Restaurant CUP-05-061 PAGE 6 CITY OF MERIDIAN PLANN1NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 . UDC ll-3B-5H requires all landscape areas to be at least 70% covered with vegetation at maturity, with mulch used under and around the plants. Provide landscape materials within all landscape areas, including Fairview Avenue, consistent with UDC ll-3B. There is an existing median in the center of the eastern driveway to Fairview Avenue. Half of this median is on the subject site, and half of this median is on the adjacent owner's property. This median has created havoc for the Meridian Fire Department, Sanitary Services Company, and other large vehicles that try to maneuver into and out of this driveway. The applicant should coordinate the removal of this median with the adjacent property owner. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 11-3B-14. . . Submit a landscape plan, reflecting the changes/notes mentioned above, with the Certificate of Zoning Compliance application. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-5BwlA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the applicant should be required to obtain a CZC permit and occupancy from the Planning Department. DesÌl:m Review Standards (UDC 1l.3A-19): Staff finds that the subject site complies with the standards for uses along entryway corridors as follows: 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the façade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and! materials. e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry Denny's Restaurant CUP-05-061 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 block, or stucco or stucco-like synthetic materials; Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front façade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or benns. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. The building elevations prepared by BRS Architects (Sheet CU-2. dated 1O~7-05)) and Kenneth L. Butts (Sheet AlA. dated 9-28.05) are approved. as thev comply with the Design Review standards contained in UDC 11-3A-19. b. Staff Recommendation: Staff recommends approval of CUP-05-06l for Denny's Restaurant as presented in the Staff Report for the hearing date of February 16, 2006 based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval as listed in Exhibit B. 11. EXHffiITS A. Drawings 1. Date of CUP Site Plan: October 12, 2005 2. Date of Landscape plan: October 5,2005 3. Date of Building Elevations: September 28,2005 and October 7, 2005 B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Ada County Highway District (ACHD) 6. Sanitary Services Company C. Required Findings from Unified Development Code Denny's Restaurant CUP-05-061 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006 A. Drawings 1. CUP Site Plan (dated: October 12, 2005) D ~-' -~:I ~[~ -'- 15~lRd Zim~;""""-' : R i ¿; ~ - ----.....~ I ; I : ¡U , f I II II 'I' ¡I II " s'Q.. ¡ hI iliPoi ¡Hal ¡ I/! ~ Iii ~ if i!; ¡'rlbi; m"I¡¡ ~j~i4JfJhmUi;lfil S~ï¡ ï tis II ' f ~ I IIIIIH:' IJ~J 11 I ~ 'I~ i;~n J IÎ'~H ~ ¡lIllhhUUnUm¡J'ull ¡ ,-" "".,..'O" ~"I"""~,.., ~ "1 ~, I j I " ,-"I """,..,..,.. I II " . II " I., . ' !h¡ ¡: r jíL ~ I ¡ 11/ II ~! I" ; '~ L I}i T -+¡ ,~-~" ~ rco", -0" I , ',,'1 ' ,:t:.d"I!> r~1 1-.,-;,.. . - ,~, '~-,!,; ~~II'-'" "~I 'If - I( i ,lI" ~ ~ ¡'j " I. ~jL~ ':," ~"""'If- I"'," i' . j~, .I. "c',:."' I ¡ '.'-' I ", ~', :) L I Ie ~.: .... "..: , :.-. --....11 '., 11"""'-'-- "- ..--..--- \7' . '\ I"" .-; J--'~ '¡/ 'I' '-I ) .,1 0:1 ~;¡ ~I-' c.-,I I' . 'i ~ <-I --- -----~-----"---""'-- .._m- ,,--.--..-- Exhibit A Page 1 CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006 2. 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Ir-~¡ ~1 r I " ---'----~~;':~J.) 1~!fll;!1 r I ;(11,:'1"-"11-, , - 1-_1 I ' I:,-~;I :~; II '~ll H~ 1" ¡ I,~~'~II 'h"; I' 11 t" :::, Ii; -- "'I , ,j! ¡ ,- ;' 'Iii;; t I: ¡! ",¡Ii: ~~rr¡~m-~, ',-if-I ~I ri ~J 'J"~'IJ~lr:-,t:Iff'l I, c;¡;, /-.::: ,j, r; .\, i-~+: J~ , I".. " ~ -'I' .- ¡ I \ ~.'. ,. , . ¡ . ~"~ ~ ii Alii ~! ;! ,; ; í h rt¡ I ~ ,1, ,'j. I ~ ~ ~ït . ~ ~ ri~ ¡~ ! ! 1;1 DJ:: ::::,; liì'¡ LI;I , , ',I)' II] ;~ , ,,- , , ~, + .. :.' , )- ._--,,-~,. ~..----" "'--"".'--"'~"'O"""'._"----",;';"._,c CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006 , , ~, ' '-":--- 1'" ( r .:...,-; ( II '(-- .- ~ ':1 Exhibit A Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 \ " \\ "'~, \ ,,' ',' '"7 /' , ~ -Þ_""~' ---"- "x., " ,. ~-':",~~"::=-~--,;: ~- l~r ,- !' ( ~,-"'. ~. '1 ,) 1 "'. ./ I I Exhibit A Page 6 1.7 1.8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY] 6,2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all conditions of approval for Treasure Valley Business Center Phase I, and Treasure Valley Business Center #3 (CUP-02-036 & PP~02-024) as part of the subject Conditional Use Pennit (cUP-05-06l). The Site Plan labeled as CU-l, prepared by BRS Architects, dated October 12, 2005 is approved, with the conditions listed herein. All 90-degree parking stalls shall be 19-feet long, adjacent to 25-foot wide drive aisles; l7-foot long stalls may be constructed on this site, adjacent to 7-foot wide sidewalks and 7-foot wide landscape strips. Compact stalls may be reduced an additional 2-feet. The proposed angle parking on the west side of the building, adjacent to the proposed drive- through, is not approved. No parking shall be allowed adjacent to the proposed off-site drive- through lane. Provide a minimum 4-bicycle rack on this site. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant shall submit a copy of a recorded cross-access/cross~parking agreement with the property owner to the west. 1.2 1.3 1.4 1.5 1.6 The landscape plan prepared by Harvest Design, P.C., on 10-5-05, labeled Sheet LS-l is approved with the following modifications/notes: . Provide a landscape buffer along Fairview Avenue that is at least 35-feet wide, exclusive of right-of-way (UDC Il-3B-7Cl). . Provide at least 8 trees within the Fairview Avenue landscape buffer; seven currently shown (UDC ll-3B- 7C3b). . UDC ll-3B~5H requires all landscape areas to be at least 70% covered with vegetation at maturity, with mulch used under and around the plants. Provide landscape materials within all landscape areas, including Fairview Avenue, consistent with UDC ll-3B. . There is an existing median in the center of the eastern driveway to Fairview Avenue. Half of this median is on the subject site, and half of this median is on the adjacent owner's property. This median has created havoc for the Meridian Fire Department, Sanitary Services Company, and other large vehicles that try to maneuver into and out of this driveway. The applicant should coordinate the removal of this median with the adjacent property owner. . A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the Certificate of Zoning Compliance application. This project complies with the Design Review requirements of UDc 11-3A-19. The building elevations prepared by BRS Architects (Sheet CU-2, dated 10-7-05)) and Kenneth L. Butts (Sheet A2A, dated 9-28-05) are approved. To ensure that all of the conditions of approval for CUP-05-061 are complied with, the applicant shall be required to obtain a Certificate of Zoning Compliance (CZe) permit, and occupancy, from the Planning Department prior to operation. NOTE: The future tenant(s) in the retail portion of the subject building shall not be required to obtain CUP approval, unless required by the UDc. Exhibit B Page I 2.3 2.4 2.5 2.6 2.7 2.8 CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 1.9 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. No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. The applicant shall have a maximum of 18 months to commence the use as pennitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use pennit must be obtained prior to operation. 1.10 1.11 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in the commercial drive aisle to the east of this property. The applicant shall install all mains necessary to provide service; 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. Water service to this site is being proposed via extension of mains in Fairview Road. The applicant shall be responsible to install all water mains necessary to serve this development, coordinate main size and routing with Public Works. The applicant may be required to loop the water system to achieve any necessary fire flow requirements. 2.2 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. Storm water treatment and disposal shall 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. The applicant shall provide a 2Q-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall be dedicated as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 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. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. It shall be the responsibility of the applicant to ensure that all development features comply with Exhibit B Page 2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006 the Americans with Disabilities Act and the Fair Housing Act. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 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. 3. FIRE DEPARTMENT 2.9 2.10 2.11 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. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 72" 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 comers 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. 3.2 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. Remove the existinu: median located in the center of the roadway near Fairview Avenue entrance. 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. For all Fire Lanes, provide signage "No Parking Fire Lane". Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. Building setbacks shall be per the International Building Code for one and two story construction. 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. Maintain a separation of 5' from the building to the dumpster enclosure. Provide a Knox box entry system for the complex prior to occupancy. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to address this concern prior to the public hearing. Provide exterior egress lighting as required by the International Building & Fire Codes. Exhibit B Page 3 3.14 3.15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 3.13 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). There shall be a fIre hydrant within 100' of all Fire Department connections. 4. POLICE DEPARTMENT Emergency response routes and fITe lanes shall not be allowed to have speed bums. 4.1 5. ADA COUNTY HIGHWAY DISTRICT Recommend restricting the access at the Fairview Avenue entrance to be right-inlright-out only. 5.1 5.2 It has been detennined that the Right~of-Way and Development Services Department does not have ay site specific requirements for you at this time due to the fact that street improvements exist. A traffic impact fee may be assessed by AClID and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. 6. SANITARY SERVICES COMPANY 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Exhibit B Page 4 CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006 C. Required Findings from Unified Development Code CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. 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 building and uses on this site can accommodate and meet all dimensional and development regulations of this district. Parking stalls are required at the ratio of one space per 500 square feet of gross floor area in commercial districts (UDC ll-3C-6). Per this requirement, 26 stalls are required. There are 111 parking stalls proposed on this site, with designated handicap accessible stalls. This provision exceeds the City's minimum parking stall ratio. Staff finds that the project should have ample parking. Staff finds that the subject property is large enough to accommodate the required yards (setbacks), parking, landscaping and other features required by the ordinance. Staff recommends the Commission rely on Staff's analysis, and any oral or written public testimony provided when detennining if this site is large enough to accommodate the proposed use. 2. 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 designated Comprehensive Designation for this property is Conunercial. The property is currently zoned I-L, with a requirement for CUP approval of each building/use. The proposed use is generally harmonious with the requirements of the UDC (see Sections 8 and 10, above for more information regarding the requirements for this use.) 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood aud with the existing or intended character of the general vicinity and that such use will not adversely change the esseutial 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 a restaurant and retail building should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff flids that if the applicant complies with the conditions outlined in this report, the proposed uses 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. Exhibit D Page I CITY OF MERrDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 5. 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. 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. 6. 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. 7. 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 restaurant and retail uses 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. Staff finds that the proposed uses Willllot be detrimental to people, property or the general welfare of the area. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to he of major importance. Staff finds that there should not be any health, safety or envirorunental problems associated with this subdivision 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 D Page 2