HomeMy WebLinkAboutDenny's Restaurant CUP-05-061
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
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In the Matter of a Conditional Use Permit request 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.
Case No(s). CUP-OS-061
For the Planning & Zoning Commission Hearing Date of: February 16, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 16, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 16,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 16, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 16, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
1I-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-061 - PAGE 1 of 4
4. Due consideration has been given to the comment{s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Commission Chair and City Clerk and then a copy served by the
Clerk upon the applicant, the Planning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Site Plan, and the Conditions of Approval all in the
attached Staff Report for the hearing date of February 16, 2006 incorporated by
reference. The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 1I-5A and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated October
12, 2005 is hereby conditionally approved; and,
2. The following modifications to site specific conditions were made at the Planning &
Zoning Commission hearing:
a. That the applicant may be allowed to construct an!!le parkin!! adjacent to
the off-site drive-throu!!h lane if the drive aisle is increased to 23-feet
(measured~ stall to face of curb)(see Condition 1.3 in Exhibit B of the
Staff Report for the hearÿ!&"!!!!~_!!f.f]þruary 16.2006).
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of February 16,2006 incorporated by reference.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NO(S). CUP-O5-061 - PAGE 2 of4
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval ofthe future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with ll-5B-6.G.l, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Attached: Staff Report for the hearing date of February 16,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP.O5-061 - PAGE 3 of 4
By action of the Planning & Zoning Commission at its regular meeting held on the ;;J ncL
day of mCt..rC..h , 2006.
COMMISSIONER MICHAEL ROHM
(Chair)
VOTED \~,r tL
COMMISSIONER DAVID MOE
VOTED ~
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED~
COMMISSIONER KEITH BORUP
VOTED t¿t-A
COMMISSIONER DAVID ZAREMBA ~ VOTED ~.-U.
~. ~
CHAI AN MICHAEL ROHM
Attest:
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
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By: City Clerk .~ l
Dated:
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP.O5-061 - PAGE 4 of 4
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
C. Caleb Hood
Current Planning Manager
208-884-5533
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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 (TVBC). 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 TVBC to obtain CUP approval.
2. SUMMARY RECOMMENDATION
Below, staff has provided detailed analysis and recommended conditions of approval for the requested
Conditional Use Permit application. Staff recommends approval of the subject application, CUP-05w061,
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-1, 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 fIDdings document to be considered at the next Planning and Commission hearing on
March 2, 2006.
Continuance
Denny's Restaurant CUP-O5-061
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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 of Fairview 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: Conunercial
g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit
(CUP) approval to construct a 12,680 square foot conunercial 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 of the zone (please
see applicant's subllÚttalletter.)
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 of UDC 11 ~5B-6, a
public hearing is required before the City Council on this matter.
Denny's Restaurant CUP.05-061
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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 6th, 2006
6. LAND USE
a. Existing Land Use(s): Vacant.
b. Description of Character of SUlTOunding 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 (TVBC)
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 ofCUP-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 of this property, and a twelve-inch main in Fairview.
Issues or concerns:
None.
2. Vegetation:
N/A
3. Floodplain: N/A
4. Canals/Ditches lITigation:
5. Hazards: N/A
6. Existing Zoning: I-L
7. Size of Property: 1.7 acres
f. Conditional Use Infonnation:
N/A
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-05-061
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006
1. Parking spaces required: 26
2. Parking spaces proposed: 111
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 100-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 ill, 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 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.
.
.
.
DeI1I1Y's RestauraI1t CUP-05-061
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 subject annexation.
.
Municipal, .lee-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 suqject
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 for 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 10 below for iriformation regarding landscaping on
this site.
.
"Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goall, 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 11-2B-2lists the pennitted, accessory, and
conditional uses in the I-L zoning district. Restaurants are allowed as an accessory use in the I-
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. ill 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 sitelbuilding is subject 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 cucrently 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 suooortive of the site olano landscaoe olano and
elevations submitted for this site.
Parking: 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 11-3C-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 11-3C-
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 (CZC) 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.
Landscaoing: 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 11-3B-7Cl).
. Provide at least 8 trees within the Fairview Avenue landscape buffer; seven
cun-ently shown (UDC ll-3B-7C3b).
Denny's Restaurant CUP-05-061
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARTNG DATE OF FEBRUARY 16,2006
.
UDC 11-3B-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 11-3B.
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 11-5B.IA). 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.
Design Review Standards (UDC 11-3A-19): Staff finds that the subject site complies with the
standards for uses along entryway conidors 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. Parkin!! 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 berms.
4. Pedestrian walkwavs:
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 buildin!! elevations prepared bv BRS Architects (Sheet CU-2. dated 10-7-05)) and Kenneth
L. Butts (Sheet AlA dated 9w28-05) are approved. as thev complv with the DesÎ!:m Review
standards contained in UDC 11-3A-19.
b. Staff Recommendation: Staff recommends approval of CUP-05-061 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. EXHmITS
A. Drawings
I. 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)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006
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1.6
1.7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
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 ofthe
subject Conditional Use Pennit (CUP-05-061). The Site Plan labeled as CD-I, 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;
17-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 additionaI2-feet.
The proposed angle parking on the west side of the building, adjacent to the proposed drive-
through, is fiet approved if the spaces are enlan!:ed and moved to the west to enlare:e the drive
aisle behind them to provide 23-feet. measured between the back of the stalls and the
curbinl! adjacent to the off-site drive-throul!h lane. No parkiHg shall Be aUowoà adjaeeat fa tho
proposøè off site drive thfeHgR laRe.
Provide a minimum 4-bicycle rack on this site.
1.2
1.3
1.4
1.5
Prior to issuance of a Certificate of Zoning Compliance (CZC) pennit, the applicant shall submit
a copy of a recorded cross-access/cross-parking agreement with the property owner to the west.
The landscape plan prepared by Harvest Design, P.C., on 10-5-05, labeled Sheet LS-I 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 11-3B- 7CI).
. Provide at least 8 trees within the Fairview Avenue landscape buffer; seven currently
shown (UDC 11-3B- 7C3b).
. UDC 11-3B-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 11- 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
AlA, dated 9-28-05) are approved.
Exhibit B Page 1
2.2
2.3
2.4
2.5
2.6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
1.8
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 (CZC) pennit, 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.
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 fonn of a letter of credit or cash in the amount of 110% of the cost of the
required improvements (including paving, striping, landscaping, and inigation). 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 pennit must be obtained prior to operation.
2. PUBLIC WORKS DEPARTMENT
1.9
1.10
1.11
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 fonns 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 confonnance 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 flIe flow
requirements.
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. Stonn water
treatment and disposal shall be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Stonn 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 20-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 fonns. Submit an executed easement
(supplied by Public Works), a legal description, which must include the area ofthe easement
(marked EXHffiIT 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 inigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
Exhibit B Page 2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
2.7
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined 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
the Americans with Disabilities Act and the Fair Housing Act.
Applicant shall be responsible for application and compliance with and NPDES Pennitting 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 Anny 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
2.8
2.9
2.10
2.11
3.1
Acceptance of the water supply for fITe 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 W' 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 fmish 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 existimr median located in the center of the roadway near Fairview Avenue
entrance.
Operational fire hydrants, temporary or pennanent 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 fITe-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.
Exbibit B Page 3
3.14
3.15
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006
3.11
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.
3.12
Provide exterior egress lighting as required by the futernational Building & Fire Codes.
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 fITe hydrant within 100' of all Fire Department connections.
4. POLICE DEPARTMENT
Emergency response routes and fire 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-in/right-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 ACHD and will be due prior to the issuance of a building
pennit. Contact ACHD Planning & Development Services at 387-6170 for infonnation 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 reqnest npon
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 lI-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. The Commission finds that the project should
have ample parking.
The Commission finds that the subject property is large enough to acconunodate the required
yards (setbacks), parking, landscaping and other features required by the ordinance.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the designated Comprehensive Designation for this property is
Commercial. The property is cUITently zoned I-L, with a requirement for CUP approval of each
building/use. The proposed use is generally hannonious with the requirements of the UDC (see
Sections 8 and 1O, above for more infonnation 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.
The Commission 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.
The Commission 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 detennine 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.
Exhibit D Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006
The Commission finds that sanitary sewer, domestic water, refuse disposal, and iITigation are
cuITently 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 COIilments from other agencies and departments, the ConIDÚssion 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. The
ConIDÚssion 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.
The ConIDÚssion recognizes that traffic and noise will increase with the approval of restaurant
and retail uses in this location; however, the ConIDÚssion does not believe that the amount
generated will be detrimental to the general welfare of the public. The ConIDÚssion does not
anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The
ConIDÚssion 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.
The Commission finds that there should not be any health, safety or environmental problems
associated with this subdivision. The Commission 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