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Home My WebLink AboutStaff Comments :,-) 0 '-1 - -<--1 -<-.,.." ':J 0 n-¡ ¡- M" ,"11"Tl "-~ ,::0 <:,,"""^ "'I:"" -'" ~, F~ m r-..,) ::J ::D 8 -on - en 'l1 0 ;-» ,:J Z 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 STAFF REPORT .'t' i"f " c«;;;; il;~ -,; P & Z Commission Hearing Hearing Date: 2/16/2006 ':;, v I:),\H(.:< fl ç~- /ß ..c' ,..---.~-' "'-:_~_:~-~!'!,'I.~ L;~:"-~~-,, _'{"9~-'-- '-~~I:: TO: FROM: SUBJECT: Planning & Zoning Commission Josh Wilson, Associate City Planner Silverstone Towne Square Cup.05-059 Conditional Use Permit for a drive-thru within 300 feet of a residential district for Silverstone Towne Square 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Rudeen and Associates, has applied for Conditional Use Permit approval for a drive-thru within 300 feet of a residential district at 1660 South Jade Way in Silverstone Business Campus. The site is located on the southeast comer of Jade Way and Overland Road. The site is platted as Lots 3 and 4, Block 2, Silverstone Subdivision. The proposed building received staff level Certificate of Zoning Compliance and Design Review approval on November 30,2005 without a drive-thru. If the CUP for the drive-thru is approved, the applicant shall be required to submit for a Certificate of Zoning Compliance for construction of the drive-thru. 2. SUMMARY, RECOMMENDATION Staff has provided a detailed analysis of the requested application below. Staff recommends approval of CUP-05-059 for Silverstone Towne Square as presented in the staff report for the hearing date of February 16, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP- 05-059 as presented in the staff report for the hearing date of February 16, 2006, and the site plan labeled CU-l, dated October 26,2005 with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct staffto prepare an appropriate findings document to be considered at the next Planning and Commission hearing on March 2, 2006. Þ:j .trj a ~ ~ -< ~ t::J Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-05- 059 as presented in the staff report for the hearing date of February 16, 2006, for the following reasons: (you must state specific reason(s) for the denial of the conditional use permit.) 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. Recommend Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-05-059 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 Silverstone Towne Square CUP-05.059 PAGE I CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF FEBRUARY 16, 2006 a. Site Address/Location: SE Comer of Jade Way and Overland Road! 1660 S. Jade Way Section 21, T3N RIB b. Owners: Sundance Investment Limited Partnership 9100 W. Blackeagle Drive Boise, ill 83709 c. Applicant: Rudeen and Associates 199 N. Capital Blvd., Suite 602 Boise, ill 83703 d. Representative: Byron Folwell, Rudeen and Associates e. Present Zoning: C-G f. Present Comprehensive Plan Designation: Mixed~Use Regional g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval for a drive-thru within 300 feet of a residential district. I. Date of CUP Site Plan (attached in Exhibit A): October 5, 2005 2. Date of Landscape Plan (attached in Exhibit A): September 28,2005 2. Date of Building Elevations (attached in Exhibit A): Not dated. h. Applicant's Justification Statement (from application materials): "The property is proposed to receive a new building which will have mixed occupancies of both Business and Mercantile. Mercantile, or light retail, will be the predominant tenants on the main level. Business, or professional offices, will be the predominant tenants on the second level. A bank is proposed on the eastside of the building. The bank will have a drive up teller window with as many as three drive lanes and an escape lane. The drive up lanes are proposed to have a canopy covering the 3 lanes for a width of approximately one car length." 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason ofthe provisions ofUDC 11-5B-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: January 30 and February 13, 2006 c. Radius notices mailed to properties within 300 feet on: January 20, 2006 d. Applicant posted notice on site by: February 6, 2006 6. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: Developed largely as professional office and small scale retail, with an existing residential subdivision on the north side of Overland Road. c. Adjacent Land Use and Zoning Silverstone Towne Square CUP-05~059 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 I. North: Existing homes in Jewel Subdivision, zoned Rl (Ada County) 2. East: Vacant land, zoned C~G. 3. South: Existing conm1ercial development, zoned C-G. 4. West: Existing commercial development, zoned C-G. d. History of Previous Actions: CZC-05-135 approved on November 30, 2005 e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There are existing stubs to this property. There are existing stubs to this property. Location of water: Issues or concerns: None. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning: C-G 7. Size of Property: 2.33 acres h. Proposed and Required Non-Residential Setbacks: per the C-G zone C-G Standard Front Side 0 feet 0 feet Rear 0 feet 65 feet Max. Building Height Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the site will be from existing curb cuts on S. Jade Avenue and E. Overland Road. 7. COMMENTS MEETING On January 13, 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 The subject site is designated 'Mixed Use-Regional' on the Future Land Use Map. In Chapter vn of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. Silverstone Towne Square CUP-05-059 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action I) 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 proposed to be annexed in the following manner: . 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 Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. 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 subject 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. Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. StafJfinds that the site is designated for MU-R on the Comprehensive Plan Future Land Use Map. Commercial uses have been specifically planned for this property which meet the general classifications for mixed use regional. . Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Overland Road is classified as an arterial roadway. The site shares a curb cut on Overland Road with the adjoining property and staffbelieves that the commercial project proposed compliments the existing and planned commercial areas in the vicinity. . Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridor (Overland Road). . Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. Silverstone Towne Square CUP-05-059 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006 The ACHD evaluates access points in their analysis and the proposed access point to the arterial street generally complies with ACHD 's standards. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to tlllS application: . "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) "The capacity of arterial. . .roadways can be greatly dimilllshed by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimize access points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page 72) "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). "Restrict curb cuts and access points on. . . arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) . . . Stafjfznds that the proposal is harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists a drive-thru as a Permitted/Conditional use in the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C.G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation CONDITIONAL USE PERMIT Special Considerations: Staff is generally supportive of the proposed site design as presented in the CUP site plan labeled as Sheet A1.01, dated October 5, 2005, with the following comments: Perimeter Landscape Strip: UDC 11-3B-6 requires that a five foot perimeter landscape strip shall be required along all vehicular use areas which are adjacent to an interior lot line, containing 1 tree per 35 feet and vegetative groundcover and/or shrubs. As noted with the Certificate of Zoning Compliance approval, additional trees will be required along the southern boundary of the project. Silverstone Towne Square CUP-05-059 PAGES CITY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006 Drive-thru Design: Staff is supportive of the proposed drive-thru configuration, and finds that it meets the requirements set forth in UDC 11-4-3.11, which states that "a site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the site plan shall demonstrate compliance with the following standards: . Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons; . The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; . The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; . Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. . A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. Staff finds that the site plan as submitted complies with the drive.thru standards set forth in UDC llw4-3.11. b. Staff Recommendation: Staff recommends approval of CUP-05-059 for Silverstone Towne Square as presented in the staff report for the hearing date of February 16, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. Silverstone Towne Square CUP-05~059 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF FEBRUARY 16,2006 11. EXnIDITS A. Drawings I. CUP Site and Landscape Plan (dated October 26, 2005) 2. CUP Landscape Plan (dated September 28,2005) 3. Building Elevations (Not dated) 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. Legal Description D. Required Findings from Zoning Ordinance Silverstone Towne Square CUP-05-059 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF FEBRUARY 16,2006 A. Drawings 1. CUP Site Plan (dated October 5, 2005) , m ,-...' ~ æ ,~.IL]~ tl;;: I.S£. a d;~ E > !Z " .. <, ' I:) --...' , -- ::p '~;~;L,~, '-- j" '" '-,",,:, I,;~ Ii; ~r T , <' ¡; J< ..¡t4i~1 I: i": ::< ,~I i' ¡:;: [;. ,:" >- .., r- .., i l' i f " , P I ¡ I ,I ...1 !~ IIi Iii "If- m:if1II .1 I Ii pf~ ~ á;., Exhibit A 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006 2. 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I;: :~ ~ i~<_, +:¿ Exhibit A 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006 3. Building Elevations (Not dated) ~E ~ Exhibit A Jj ij 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF FEBRUARY] 6,2006 / ..-,....---~ ,: I I ~ ~.¡ ¡~l . '.',,""___m__".......---- .... . . --... "'--".. --... ill! Exhibit A 5 1.6 1.7 1.8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENTS 1.1 The Site Plan labeled as A1.01, prepared by Rudeen and Associates, dated October 5,2005 is approved, with the conditions listed herein. 1.2 The Site and Landscape Plan labeled as CU-l, prepared by BRS Architects, dated October 26, 2005 is approved with the following modifications/notes: . UDC 11-3B-6 requires that a five foot perimeter landscape strip shall be required along to all vehicular use areas which are adjacent to an interior lot line, containing I tree per 35 feet and vegetative groundcover and/or shrubs. Modify the landscape plan as necessary to ensure compliance with this requirement, and as noted in the CZC approval. . 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 ll-3B-14. 1.5 Submit a landscape plan, reflecting the changes/notes mentioned above, with the Certificate of Zoning Compliance application. To ensure that all of the conditions of approval for CUP-05-059 are complied with, the applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit, and occupancy, from the Planning Department prior to operation ofthe drive-thru. 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 pennit 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 permit must be obtained prior to operation. 2.1 2. PUBLIC WORKS DEPARTMENT All Public Works concerns have already been addressed in the civil plan review for the building plans on this lot. 3. FIRE DEPARTMENT 4. POLICE DEPARTMENT 1. The Police Department has no concerns related to the application. 5. PARKS DEPARTMENT 1. The Parks Department has no concerns related to the application. 6. SANITARY SERVICES COMPANY 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. 7. ADA COUNTY HIGHWAY DISTRICT Exhibit B 1. It has been determined that the Right-of~Way and Development Services Department does not CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF FEBRUARY] 6, 2006 have ay site specific requirements for you at tlns time due to the fact that street improvements exist. 2. A traffic impact fee may be assessed by ACHD 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 C. Legal Description ADA COUI/TY RfCQ/tOfR J, DAlila HAYAMO AMOIIHI 3.VD j f ~~~~DA:lforu.~ !t4G PM UI IIIIUIIIIIIHIUIIIIIIIIII I III ftlcmtOEO.ftEQUmOf 194112~ PIaiIm ~ AP,-"C_y PIONEER TITLE COMPANY 0. ""A ('(JIINTY 7t))S.A"""iuno.SllileI9<JIBO¡><,loIiho !3101 (10!) 313.3744 WARRANTY DEED For Vol.., R...,Iv<d fllve Diomond Properti.., LJ.C, an Ida'" limil«! liobilily """""'1 lIeroinan", .-.fene.! 10 a. 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'" Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 D. Required Findings from Zoning Ordinance I. Conditional Use Permit Findings: 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. 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 determining 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 [rods that the designated Comprehensive Designation for this property is Mixed-Use Regional. 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 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 an office 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 finds 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. 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. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF FEBRUARY 16, 2006 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 office 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 will not 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 be of major importance. Staff finds that there should not be any health, safety or environmental 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