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HomeMy WebLinkAboutStaff Comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006 STAFF REPORT TO: FROM: Hearing Date: 4/6/2006 Planning & Zoning Commission Kristy Vigil, Assistant City Planner Caleb Hood, Current Planning Manager Conglomerate Drive-Through B c«e;;dlt1n~ \ , 1¡)AH(1 ~ .~ J \~~"-' /.' "~;',\> ".---.,.P , ,.t/!'-'1~It!:~\~S"}_!'>" . "¥?ø; ---- SUBJECT: ... '------------ CUP-06-007 Conditional Use Permit for a drive-through within 300 feet of an existing drive-through. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Afton~Pacific, LLC, has applied for Conditional Use Permit approval for a drive~through within 300 feet of existing drive-through. The subj ect site is located on the southwest comer of Eagle Road and Magic View Drive on Lot I, Block I, Conglomerate Short Plat Subdivision. Concurrent to the CUP application, the applicant is requesting design review approval, as this property is located on Eagle Road, an Entryway Corridor. The property is currently zoned C-G (General Retail and Service Commercial District). 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested application below. Staff recommends approval of CUP-06-007 for Conl!lomerate Drive- Throul!h B as presented in the staff report for the hearinl! date of April 6. 2006. subject to the conditions listed in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP- 06-007 as presented in the Staff Report for the hearing date of April 6, 2006, and the site plan labeled SD-I, dated February 15, 2006 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 April 20, 2006. Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-06- 007 as presented in the Staff Report for the hearing date of April 6, 2006, for the following reasons: (you must state specific reason( s) for the denial of the conditional use permit.) I further move to direct Legal Department Staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on April 20, 2006. Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-O6~OO7 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: Lot I, Block I, Conglomerate Short Plat Subdivision; SW Comer of Eagle Road and Magic View Drive; Section 17, 1'fl~+fC T,jl "v' . "-L']'-'\, ,(\"I!J £J 1 -~.,,} Conglomerate Drive-Through B (CUP-06-007) - Page 1 ::- 1 2GGl~ G!rl OF f\¡1Ef.,zjOiAN ;"~'n-\/ C~_ERK C,C'=Ir-::c CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APR[L 6, 2006 b. Owners: Afton-Pacific, LLC 206 S. Palm Ave Alhambra, CA 91801 c. Applicant: Afton-Pacific, LLC 206 S. Palm Ave. Alhambra, CA 91801 d. Representative: Andrew Davis, BRS Architects e. Present Zoning: C-G f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval for a drive.through within 300 feet of existing drive-throughs. L Date of CUP Site Plan (attached in Exhibit A): February 15,2006 2. Date of Landscape Plan (attached in Exhibit A): February, 2006 3. Date of Building Elevations (attached in Exhibit A): February 15, 2006 and March 28,2006 h. Applicant's Justification Statement (from application materials): "The site design allows for easy access through the site and 14 total parking spaces with access to a total of 118 spaces through a cross-parking agreement with the other lots. The building has been oriented to place the drive-through lane along Magic View Drive and is heavily screened by landscaping. The patio dining area is on the side of the building facing eagle Road, adding interest to the entryway corridor." 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions ofUDC 11-5B-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: March 20 and April 3, 2006 c. Radius notices mailed to properties within 300 feet on: March 10, 2006 d. Applicant posted notice on site by: March 27,2006 6. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: Developed largely as professional office, small scale retail, and St. Luke's Meridian Medical Center located to the east, across Eagle Road. c. Adjacent Land Use and Zoning I. North: Existing commercial development, zoned C-G (Fuel station with a drive- through restaurant). 2. East: Existing commercial development, zoned L-O (Medical Center and Hospital). Conglomerate Drive-Through B (CUP-06-007) - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006 3. South: Vacant, future drive-through; Existing offices, zoned C-G (Professional office). 4. West: Vacant lots in Conglomerate Short Plat Subdivision, zoned C-G. d. History of Previous Actions: This site previously housed the Jackson's Food Store and fueling station. Conglomerate Short Plat Subdivision (SHP-05-001), for 4 commercial building lots, was approved by the City on January 10, 2006. e. Existing Constraints and Opportunities I. Public Works Location of sewer: Location of water: There are existing stubs to this property. There are existing stubs to this property. Issues or concerns: None. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: 5. Hazards: None. 6. Proposed Zoning: C-G 7. Size of Property: 0.73 No major facilities. f. Conditional Use Information: 1. Non-residential square footage: 2,580 square foot building 2. Proposed building height: 23 feet, 1 inch 3. Number of Residential units: 0 g. Off-Street Parking: I. Parking spaces required: 5 2. Parking spaces proposed: 14 h. Proposed and Required Non-Residential Setbacks: Front Side C-G Standard 0 feet Rear Max. Building Height Min. Lot Size 0 feet 0 feet 65 feet (23 feet proposed) 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 Magic View Drive, which will be slightly modified by the applicant. No access to Eagle Road is proposed and none is approved. 7. COMMENTS MEETING Conglomerate Drive-Through B (CUP-06-007) - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARrNG DATE OF APRIL 6,2006 On March 17, 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. Staffhas 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): 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 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 land in the following manner: . The land is under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. The land 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) and lTD. 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. . . . . 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 Eagle Road, an arterial street. All vehicular access will be taken from the existing driveways to/from Magic View Drive. . "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 belowfor more iriformation on landscaping this site. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) Conglomerate Drive-Through B (CUP-06-007) - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6,2006 The applicant is proposing to construct a landscape buffer along Eagle Road, an entryway corridor. Please see Section 10 belowfor 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. Stafffinds 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-through as a Pennitted/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: Staff is generally supportive of the proposed site design as presented in the CUP site plan labeled as Sheet SD-I, dated February 15, 2006, and the landscaping proposed, with the following comments: Landscaping: The landscape plan prepared by BRS Architects, February, 2006, labeled Sheet CUL-l is approved with the following modifications/notes: . 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, with the Certificate of Zoning Compliance application. NOTE: The Police Department has concerns over the visibility of the drive-through lane, specifically the lack of visibility from Magic View Drive. Please see Exhibit B. Parking: The applicant is proposing to construct 14 parking stalls for this use; 5 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. Conglomerate Drive-Through B (CUP-06-007) - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6,2006 One bicycle parking space shall be provided for every 25 vehicle parking spaces (UDC 11- 3C-6G). Provide a minimum of 1 park bicycle rack on this site. Drive-through Design: Staff is supportive of the proposed drive-through 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 ITom the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. Although staff has not vet seen a letter from ACHD rel!arding this project. stafffmds that the site plan as submitted complies with the drive-throul!h standards set forth in UDC 11-4-3.11. Certificate of Zoninl! Compliance: The purpose .of a Certificate of Zoning Compliance (CZC) pennit 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 coITidors as follows: I. 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%) ofthe 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) connces. 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. Conglomerate Drive-Through B (CUP-06.007) - Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006 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 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. Parkinl! Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the ITont façade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened ITom 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 ITom 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 ITom 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 buildinl:! elevations prepared by BRS Architects (Sheet EE-I, dated February 15. 2006 and March 28. 2006) are approved. as they comply with the Desim Review standards contained in UDC 11-3A-19. b. Staff Recommendation: Staff recommends approval of CUP-06-007 for Cone:lomerate Drive- Throul!h B as presented in the Staff Report for the hearinl! date of April 6. 2006 based on the Findinl!s of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B. Conglomerate Drive-Through B (CUP-06-007) -Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006 11. EXHIBITS A. Drawings 1. CUP Site and Landscape Plan (dated February 15,2006) 2. CUP Landscape Plan (dated February, 2006) 3. Building Elevations (dated February 15, 2006 and March 28,2006) B. Conditions of Approval I. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Idaho Transportation Department 8. Central District Health C. Legal Description D. Required Findings from Zoning Ordinance Conglomerate Drive-- Through B (CUP-06-007) - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6,2006 A. Drawings L CUP Site Plan (dated February 15, 2006) ~~. ~~ em ~¡ 3 0 '1 ----- ----------------""-~_.,--, ~ -----.- -"'~-.._,,- '---".-- '"""~', ---1.,::,]<'-='._- Þ - :[ I ¡ ~ þ ¡.¡ ¡. r;> <: ( /: < fJ n ".... ':lFI' !',¡¡!n iii!!!, '-..I! .'.- ¡~ "I. ¡!~¡H B¡1fI ¡'õ'l ~ WI! Ji i P,! ¡ 8 § à :z :¡ ~ " ~ , -".," " V> H~~~~"s~HHhi;~ ~ ;;¡ ,'. ,"~,.~~p^ - '" ~~~~~H.~ .~~~~"~~ Ii :z ;.~;~;" --~,~s~~~ "i~ :;; d-.' CO" On C ¡~ ;; ..'~! P '~ " ..~!' <:> ~ i ã i~ ~ õ ! ~ ~I ~ § ~.~:¡;! ~ < '. 0 ~ ~ ,- .,..1 ìiJ! ' ! /" ~¡ 11f! I ,,-o'Ã'ft;n-Pacific LLC --;H~!i¡g¡¡~ì~,:::;~ ~o .~.'^ "" D ~ ~ @ í ~ ~ <.!J.:..,. ~ fi'i'¡"~1-mO,,BO """""'.'" "0'.','"",,, A"CHn-ECT" Exhibit A - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006 2. Landscape Plan (dated February, 2006) c. < -c,. ¡ " ¡--!IF!' 'I !'n1¡11¡¡¡I'¡I~~"~ ,;, !"I" ¡ ¡Ii: l' ~ O""-'T iI'~~ ,15:11- 00' '", I li.¡î!!¡~:jj'!'¡¡'IJIU!I¡! ~I!i~!¡!í~!i¡¡¡¡ljl¡ 1¡¡;~¡lm:í/~.' I~ Ic'!:' '".¡ ", ¡ isl¡jl~~!¡~;¡:¡¡¡"¡!'.¡1;18¡!!~IH¡¡¡¡';"!~:¡1 ¡;¡!!¡i'¡:~ II! Q I .ra ¡ ¡¡i!:~ 'I :! ~ ¡,,;!¡¡I!h ¡ !¡!!! ~ "II< 1/: !!!,I!; I;!~ I¡ !ì!~J!I!I;~ ¡\~ 'I;¡¡ ! ~:! ¡I i¡¡:¡::¡!'¡~¡¡h~¡¡!t¡¡i:õ¡~~W~I!!¡'¡;¡I!¡!j¡!¡. :ê~!¡!¡¡'¡¡¡'1 I;! ~ ¡; IMU".'n!'~j'¡¡I'ljo'lir'.f"!I"¡"¡I'!I¡:/¡II;;:I . jPjt:í~'I"§I!!¡!j:¡III¡j!¡,~~¡¡* !!!¡i¡¡!,~¡èi;!¡ íh;I~~:'i H¡ ,"'I ~,--', !!\¡~!i!I::J"¡'~'¡'¡",!i-"'o!"":f",¡'li¡I:'!'¡ '¡!fl'!! 'I"~ f' 1;,1¡ if:1 1m lii¡ ¡ I ;!!i ~¡¡ :11 j!¡! ,I¡! j!;:¡ ¡! !;¡Ii:: HI: In 'ljl!¡"IIP'!!ljfl:!I,.¡;;jii¡¡¡'¡¡- "'i'ir'l: il ! i!!H !i!¡ ¡¡¡¡¡¡ii¡ ¡ Ii ¡¡ Iii :¡ i1¡i!1! :jq¡ I !il!! !i¡ I 1 , "-'. :6 UHf I! ¡ m! ¡III : : Iii I: Ii! !I ¡¡:¡"¡i I nf, Ii ¡¡Ii' I :~! ¡ ;~~[ ~,* :j;ll ,.II,i! 11"t!"I' IIIilJ I'," ,.¡I .!": I¡~II lIif! ! ì ¡ ,¡Ii ¡ ¡ f! H "Mil I!I ¡. i ¡!! ! !i~ i L ¡I! ¡! "¡;! ¡'II ~ I;'! , 31 ¡ I' nil I!! '-"""'~"""- ~ """ f ~ '. r : Alton-Pacific LL~- - -mJ~ i~~ ~ (œ .~ ~ ,! 1 ! . i ¡ Exhibit A - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6,2006 3. Building Elevations (dated February 15, 2006 and March 28,2006) ..- - -- ~I B I J ! I I '::£ "" "" --; ¡~ ; 0 ;z ~; ~~ ; 0 ;z ~I ~. ri nš -" .-; ':I: ¡~ ~ ö ;z .. , ns :::¡ '", ,¡¡¡ ~, ;:j ; ~ m! ¡ !!¡ ¡ ""'~"Ãft~ñ-Pacific LLC ~:Jj~~ """""fePc- mCJ m .~ 4 ~. I . .,. ¡g~;,¡:,,"o moo , Pad '6' =-" '1;!' f~I"~HJ¡?",, ~, ","'~ "" , ...... ~ ¡ a . """"','~ ARCHITEcTS Exhibit A - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006 ~~ ~~ ÈJ c z ~~ ~~ J ~¡Ii I; I -" ~ f e ~ / ~l ~l 000 ;.~ ~pJ ~ ;: 0 z m Ji m ¡ I I!I I -AAo~-Pacific LLC ~ 1ln:p 1010 'T'! p Pad'B' a.uW ...... . ~ I . ""'....,.",'" -""'" ARCHITECTS Exhibit A - Page 4 ~D 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 existing Texaco pole sign on this property is considered an abandoned nonconforming sign per UDC 11-3D-5A and shall be removed prior to occupancy. The applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 1.8 1.9 1.10 1.11 1.12 1.13 2.1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6,2006 B. Conditions of Approval 1. PLANNING DEPARTMENTS 1.1 The Site Plan labeled as SD~ 1, prepared by BRS Architects, dated February 15, 2006 is approved, with the conditions listed herein. 1.2 The Landscape Plan labeled as CUL-l, prepared by BRS Architects, dated February 2006 is approved with the following modifications/notes: . 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. 1.3 1.4 1.5 Submit a landscape plan, with the Certificate of Zoning Compliance application. Provide a minimum of 1 park bicycle rack on this site. Direct lot access to Eagle Road is prohibited. Comply with all conditions of SHP~05-001, Conglomerate Short Plat Subdivision, and a condition of approval for this Conditional Use Permit (CUP-06-007). Submit a copy of a recorded cross-access agreement for the other lots in Conglomerate Short Plat Subdivision to use the proposed driveways to Magic View Drive. To ensure that all of the conditions of approval for CUP-06~007 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 of the drive-through. Submit a letter from the Transportation Authority (ACHD) indicating the site plan is in compliance with the authority's standards and policies. 1.6 1.7 The building elevations prepared by BRS Architects (Sheet EE-l, dated February 15, 2006 and March 28, 2006) are approved, as they comply with the Design Review standards contained in UDC 11-3A-19. 3. FIRE DEPARTMENT Public Works has no comments on this application. 3.1 Exhibit B All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' 5.1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6,2006 outside radius. All driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. For all Fire Lanes, provide signage "No Parking Fire Lane". Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Maintain a separation of5' ITom the building to the dumpster enclosure. 3.6 There shall be a fire hydrant within 100' of all Fire Department connections. 4. POLICE DEPARTMENT 3.2 3.3 3.4 The proposed landscaping creates a hiding spot near the drive-through. The applicant shall submit a revised landscaping plan that affords greater visibility of the area ITom public areas such as a street or parking lot. The proposed drive through has limited visibility from a public street The applicant shall meet with the Police Chiefto discuss methods of increasing visibility to the facility. 5. PARKS DEPARTMENT 4.1 4.2 6. SANITARY SERVICES COMPANY The Parks Department has no concerns related to the application. Provide a minimum 28' inside and 48' outside radius for all driveways, where they intersect a public street. 7. IDAHO TRANSPORTATION DEPARTMENT The subject development is adjacent to, but does not directly access onto the state highway system. We would like to remind the applicant that this portion of Eagle Road is currently under construction; once this project is completed, access to magic View Drive will be limited to right-inJright-out turning movement Landscaping and sidewalk/pathway requirements, if required by the City, may be constructed on the state right-of-way with a permit, which must be obtained ITom and approved by ITD prior to construction. Any work, to be performed, within the state right-of-way requires an approved permit ITom ITD prior to construction. For pennit information, contact Matt Ward at (208) 334- 8341 or Larry Bronson at (208) 334~8328. 8. CENTRAL DISTRICT HEAL Tn DEPARTMENT 8.1 We will require plans to be submitted for a plan review for any food establishment, beverage establishment, or grocery store. Please contact Central District Health Department for additional requirements for a food service facility. 6.1 7.1 7.2 7.3 8.2 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6,2006 C. Legal Description A parcel of land being a portion of Lot] I of "Amended Magic View Subdivision" according to the official plat thereof, filed in Book 52 of Plats at Pages 4445 and 4446, Amended by an Affidavit recorded June 13, 1984 as Instrument No. 84293]], records of Ada County, Idaho and being situated in a portion of the East 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING at a point on the lot line common to lots 1 I and 12 of "Amended Magic View Subdivision" as shown on the plat thereof, from which a 5/8 inch iron rod marking the intersection of the East right-of-way line of S. Allen 51. and said lot line bears S89°3T02"W a distance of 209.49 feet; thence along a line 209.49 feet distant said East right-of-way of S. Allen St., when measured perpendicular thereto, NOQ022'58"W a distance of 306.35 feet to a point on the South right-of-way line of Magic View Dr.; thence along said South right-of~way line of Magic View Dr., 30.00 feet distant the centerline thereof, when measured perpendicular thereto, N89°37'02"E a distance of 362.54 feet to a point; thence S44°44'07"E a distance of20.97 feet to a point on the West right-of-way line of Eagle Road and a point of cusp; thence along said West right-of-way line of Eagle Road, 70.00 feet distant the centerline thereof, when measured peq>endicular thereto, and the arc of a 5799.58 foot radius curve to the left having a length of 159.55 feet, a central angle of 1°34'34" and a long chord of 159.54 feet bearing SOooO3'20"W to a point from which the center of an Idaho Transportation Right-of-Way brass cap monument bears N71°37'29"W a distance of 0,39 feet; thence S89°5I'45"W a distance of 5.00 feet to an Idaho Transportation Right-of-Way brass cap monument; thence along said West right-of-way lîne, 75.00 feet distant the centerline of said Eagle Road, when measured perpendicular thereto, SOo044'IO"E a distance of 131.85 feet to a point on said lot line common to aforementioned lots 11 and 12; thence leaving said West right-of-way of Eagle Road and along said lot line S89D37'02"W a distance of37I.79 feet to the POINT OF BEGINNING. Said parcel contains 114,525 sq. ft. or 2.63 acres more or less and is subject to any and all easements and/or rights-of-ways of record or implied- C056259 Lots I lhru J LogaLdoc Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006 D. Required Findings from Zoning Ordinance 1. 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 finds that the designated Comprehensive Plan designation for this property is "CommerciaL" The proposed use is generally harmonious with the requirements ofthe 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 a restaurant with a drive-through 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 fmds 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 HEARING DATE OF APRIL 6,2006 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 a restaurant with a drive- through use in this location; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 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 envirornnental 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