HomeMy WebLinkAboutConglomerate Drive-Through B CUP-06-007
RECEIVED
APR 1 1 2006
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
City Of Meridian
City Clerk Office
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In the Matter of a Conditional Use Permit Request for a Drive-Through Within 300 feet of
an Existing Drive Through in the C-G Zone, by Atton-Pacific, LLC.
Case No(s). CUP-06-007 (Conglomerate Drive-Through B)
For the Planning & Zoning Commission Hearing Date of: April 6, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 6, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 6, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 6,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 6, 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 (Lc. §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 hnpact 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 §
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP.O6-007 - PAGE 1 of 4
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 April 6, 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 § 11-5A 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
February 15, 2006 is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April 6, 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
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 of the 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 1I-5B-6.G.I, 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O6-007 - PAGE 2 of 4
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 ofthe 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 April 6, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O6.007 - PAGE 3 of 4
By action of the Planning & Zoning Commission at its regular meeting held on the ~
day of ~, 2006.
COMMISSIONER MICHAEL ROHM
(Chair)
VOTED "" 5li-'
ð
COMMISSIONER DAVID MOB
VOTED ~
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED "1fL
COMMISSIONER KEITH BORUP
VOTED ~
COMMISSIONER DAVID ZAREMBA
V TED lO~'
A est:
Tara Green, Deputy Cilf Cl r~ ~'"--, rS' \ ~
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Copy served upon APPliC;Í1t~I~Q.~~Þ'~rtment, Public Works Department and City
'11/fIU'"1 ,,",\\\\
Attorney.
By: ~hM, rYl Svw#~
City Clerk
6!f - ;L 1 -V fo
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O6-007 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
-------' ,
STAFF REPORT Hearing Date: 4/6/2006
'- -,- -'fO~- , Planning & Zoning Commission
FROM:-~---c----,,-- Kristy Vigil, Assistant City Planner
--,-----Caleb Hood, Current Planning Manager
Conglomeratel?rive-Through B
CUP-06-007
SUBJECT:
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Conditional Use Pennit 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 Pennit approval for a drive-through
within 300 feet of existing drive-through. The subject site is located on the southwest comer of Eagle
Road and Magic View Drive on Lot 1, Block 1, 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 Comdomerate Drive- Throug:h B as presented in the staff report for the hearing:
date of April 6. 2006. subject to the conditions listed in Exhibit B. At the April 6. 2006. Planning: &
Zoning: Commission meeting:. the Commission voted to approve the subject application 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-l, dated February 15,2006 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
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 pennit) 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-06-007 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 1, Block 1, Conglomerate Short Plat Subdivision; SW Comer of
Conglomerate Drive-Through B (CUP-06-007) - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
Eagle Road and Magic View Drive; Section 17, T3N RlE
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 Pennit
approval for a drive-through within 300 feet of existing drive-throughs.
1. 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 detennined 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 S1. Luke's Meridian Medical Center located to the east, across Eagle Road.
c. Adjacent Land Use and Zoning
1. North: Existing commercial development, zoned C-G (Fuel station with a drive-
through restaurant).
Conglomerate Drive-Through B (CUP-06-007) - Page 2
1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
2. East: Existing commercial development, zoned L-O (Medical Center and Hospital).
3. South: Vacant, future driveRthrough; 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
1. 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: No major facilities.
5. Hazards: None.
6. Proposed Zoning: C-G
7. Size of Property: 0.73
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:
1. Parking spaces required: 5
2. Parking spaces proposed: 14
h. Proposed and Required Non-Residential Setbacks:
C-G Standard
Front
0 feet
0 feet
Side
Rear
0 feet
65 feet (23 feet proposed)
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 Magic View Drive, which will be slightly
modified by the applicant. No access to Eagle Road is proposed and none is approved.
Conglomerate Drive-Through B (CUP-06-007) - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
7. COMMENTS MEETING
On March I 7, 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):
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 tolfrom 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 below for more information on landscaping this site.
Conglomerate Drive- Through B (CUP-06-007) - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
.
"Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4)
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
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.
11-2B-2 lists a drive-through as a
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive ofthe
proposed site design as presented in the CUP site plan labeled as Sheet SD-l, 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 Il-3C-l requires 90-degree parking stalls to
be 19-feet long, adjacent to 25-foot wide drive aisles. UDC ll-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
Conglomerate Drive-Through B (CUP-06-007) - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
or landscape area. Compact stalls may be reduced in depth by an additional two feet. ODC
11-3A-17A requires sidewalks to be at least 5-feet wide.
One bicycle parking space shall be provided for every 25 vehicle parking spaces (ODC 11-
3C-6G). Provide a minimum of 1 park bicycle rack on this site.
Drive~throu!!h Design: Staff is supportive of the proposed drive-through configuration, and
finds that it meets the requirements set forth in ODC 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 ÍÌ'om 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.
AlthoulZh staff has not vet seen a letter from ACHD relZardinlZ this proi ect, staff finds that the
site plan as submitted complies with the drive-throulZh standards set forth in ODC 11-4-3.11.
Certificate of ZoninlZ Compliance: The pwpose 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 (ODC 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 pennit and occupancy from the Planning Department.
DesÜm Review Standards (ODC 11-3A-I9): Stafffmds that the subject site complies with the
standards for uses along entryway coITidors as follows:
1. Architectural Character:
a. Facades: Facades visible from a public street shall incorporate modulations in the façade,
roof line recesses and proj ections 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)
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.
Conglomerate Drive-Through B (CUP-06-007) - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6,2006
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
block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up
concrete panels, or prefabricated steel panels are prohibited except as accent materials.
3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the
structure shall be located between the front façade of the structure and abutting streets, unless
the principal building(s) and/or parking is/are screened from view by other structures,
landscaping and/or 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 building elevations prepared by BRS Architects (Sheet EE-I. dated February 15. 2006
and March 28. 2006) are approved. as they comply with the DesÍ!:m Review standards
contained in UDC 11-3A-19.
b. Staff Recommendation: Staff recommends approval of CUP-06-007 for Coni:!Iomerate
Drive-Throue:h B as presented in the Staff Report for the hearinl! date of April 6. 2006
based on the Findines 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. EXHffiITS
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
1. 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
1. CUP Site Plan (dated February 15, 2006)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
2. Landscape Plan (dated February, 2006)
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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)
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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 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 nonconfonning sign
per UDC ll-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
1.6
1.7
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.l, 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-05-00l, 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.
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.
Public Works has no comments on this application.
3. FIRE DEPARTMENT
All entrance and internal roads and alleys shall have a turning radius of28' inside and 48'
3.1
Exhibit B
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 of28' 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' from 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 from
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 Chief to discuss methods of increasing visibility to the facility.
5. PARKS DEPARTMENT
4.2
5.1
4.1
The Parks Department has no concerns related to the application.
6. SANITARY SERVICES COMPANY
6.1 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-inlright-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 from and
approved by ITD prior to construction.
Any work, to be performed, within the state right-of-way requires an approved permit
from ITD prior to construction. For permit information, contact Matt Ward at (208) 334-
8341 or Larry Bronson at (208) 334-8328.
8. CENTRAL DISTRICT HEALTH 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.
7.1
7.2
7.3
8.2
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF APRlL 6, 2006
C. Legal Description
A parcel of land being a portion of Lot II 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. 8429311, records of
Ada County, Idaho and being situated in a portion of the East 1/4 of Section 17,
Township 3 North, Range I East, Boise Meridian, Ada County, Idaho and more
particularly described as folJows;
BEGINNING at a point on the lot line common to lots II 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. AIJen St. and said lot line bears
S89°37'02"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, NOo022'58"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'O2"E a distance of
362.54 feet to a point; thence S44°44'07"E a distance of 20.97 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
perpendicular 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 I °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 line, 75.00 feet distant the centerline of said Eag]e
Road, when measured perpendicular thereto, SOo044'1O"E a distance of 131.85 feet to a
point on said lot line common to aforementioned lots II and 12; thence leaving said West
right-of-way of Eagle Road and along said lot line S89°37'02"W a distance of 371.79 feet
to the POINT OF BEGINNING.
Said parcel contains I ]4,525 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.
CO56259 Lots I lhru J Logal.doc
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 Pennit 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. The Commission finds that the subj ect property is large
enough to accommodate the required yards (setbacks), parking, landscaping and other features
required by the ordinance. The Commission relies on Staffs 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.
The Commission finds that the designated Comprehensive Plan designation for this property is
"Commercial." The proposed use is generally hannonious with the requirements of the UDC (see
Sections 8 and 10, 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 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.
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 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.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
culTently available to the subject property. Please refer to any comments prepared by the
Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
and ACHD. Based on comments from other agencies and departments, the Commission 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
Commission fmds 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 nse will not involve activities or processes, materials, eqnipment 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 Commission recognizes that traffic and noise will increase with the approval of a restaurant
with a drive-through use in this location; however, the Commission does not believe that the
amount generated will be detrimental to the general welfare of the public. The Commission does
not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The
Commission 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 that should be brought to the Commission's attention. 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