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HomeMy WebLinkAboutStaff Comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNG DATE OF OCTOBER 19, 2006 SUBJECT: Grandview Marketplace (Retail Building B) cUcridi~\ \ '" "I'D ~'H(') ''''';1'' - "" (, ,- , " . ~." . . . . ,~ --, .. "'''",", ~ ,-," ~: ..".,'" "'",:. , "r.t ':,;~,~ ,~t....' I 'T.. ,LIJ;~:-\, STAFF REPORT TO: FROM: Hearing Date: 10/19/2006 Planning & Zoning Commission Amanda Hess, Associate Planner 208~884-5533 . CUP-06-029 "".' __,.I. _'I..~:' ~~."_~,=._~_~._._. - ',---',' "_.i.'n ::..__ Conditional Use Permit for a 5,200 square foot retail building with a drive- through window, by W. H. Moore Co. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, W. H. Moore Co., has applied for Conditional Use Permit approval for a retail building and drive-through window. The proposed building will be located on the north side of Overland Road, approximately 400 feet west of the Eagle Road / Overland Road intersection on Lot 4, Block 1, of the Dorado Subdivision, Section 17, Township 3 North, Range 1 East, B.M. The subject property is currently zoned C.G (General Retail and Service Commercial District). Restaurants, retail stores, and drive-through windows are principally permitted uses within the C-G zone. However, procurement of a CUP is required where a drive-through facility is located within 300' of another drive-through, residential district, or an existing residence. Several residential properties to the west, that are currently zoned R-l, Ada County, are located with 300' ofthe subject site. Additionally, the Sterling Savings Bank, Lot 6, Block 1, and Taco Bell, Lot 7, Block 1, of the Dorado have been issued Certificates of Zoning Compliance for construction of drive-through windows, which are also located within 300 feet from the proposed building and drive-through window. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-06-029 for Grandview Marketplace Retail Buildine: B. as presented in the Staff Report for the hearine: date of October 19. 2006. subiect 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- 06-029 as presented during the hearing of October 19, 2006, with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct staff to prepare an appropriate [mdings document to be considered at the next Planning and Zoning Commission hearing on November 2, 2006. Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-06- 029 as presented during the hearing of October 19, 2006, for the following reasons: (you must state specific reason(s) for the denial ofthe 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 November 2, 2006. Continuance Grandview Marketplace Retail Building B (CUP-06-029) - Page 1 CITY OF MERIDIAN PLANNING DEP ARTMENT STAPP REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 After considering all staff, applicant and public testimony, I move to continue File Number CUP- 06-029 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 1 Location: Lot 4, Block 1, Dorado Subdivision Section 17, T3N RlE b. Owner 1 Applicant: W. H. Moore, Co. 1940 S. Bonito Way, Suite 160 Meridian, ill 83642 c. Representative: Jonathan Seel, W.H. Moore d. Present Zoning: C-G e. Comprehensive Plan Land Use Designation: Commercial f. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval for a 5,200 square foot retail building with a drive-through. 1. Date of Revised Site Plan (See Exhibit A): September 29,2006 2. Date of Revised Landscape Plan (See Exhibit A): October 4,2006 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by the Development Agreement in effect for this site. By reason ofthe provisions ofUDC ll-5B-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: October 2,2006; October 16, 2006 c. Radius notices mailed to properties within 300 feet on: September 22, 2006 d. Applicant posted notice on site by: October 9, 2006 6. LAND USE a. Existing Land U se( s): Vacant b. Description of Character of Surrounding Area: Single family residential; highway-oriented services including a hotel and chain restaurants c. Adjacent Land Use and Zoning: 1. North: Grandview Marketplace Retail Building 1 (Dorado Subdivision), zoned C-G 2. West: Commercial (Dorado Subdivision), zoned C-G 3. South: Bonito Subdivision 1 El Dorado Business Campus, zoned C-C 4. East: Farmers & Merchants Bank (Dorado Subdivision), zoned C-G d. History of Previous Actions: In 2005, the City of Meridian approved the annexation and zoning (AZ-05-0l9) of 10.9 acres to C-G (General Retail and Service Commercial) for this site. Preliminary Plat (PP-05-024) and Conditional Use Permit (CUP-05-03l) approval for a Planned Development for Dorado Subdivision was also granted in 2005. The PP and CUP application proposed l6 commercial lots. The Final Plat (FP-05-057) for Dorado was approved by the City Grandview Marketplace Retail Building B (CUP-06-029) - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19,2006 Council in 2005. The subject site, Lot 4, is therefore subject to the conditions of final plat approval and the development agreement for the Dorado Subdivision. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Services installed with Dorado Subdivision. Location of water: Services installed with Dorado Subdivision. Issues or concerns: None 2. Vegetation: N/ A 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/ A 5. Hazards: N/A 6. Size of Property: 39,268 sq. ft. (0.90 acres) 7. Description of Use: Proposed 5,200 square foot retail building with a drive-through f. Landscaping: 1. Width of street buffer(s): Thirty-five feet (35') oflandscape buffer required on Overland Road. Forty-one plus feet (41 '+) of buffer provided by the applicant. 2. Width of buffers between land uses: N/A 3. Percentage oflandscaped area: 27.5% (10,799 sq. ft.) 4. Other landscaping standards: MCC 12-13-11 requires landscaping within and around parking lots. The landscaping standards for parking lots will be applied prior to issuance of a Certificate of Zoning Compliance permit (see Exhibit B, Conditions of Approval). g. Conditional Use Information: Procurement of a CUP is required where a drive-through facility is located within 300' of another drive-through, residential district, or an existing residence (UDC 11-4-3.11A). Several residential properties to the west, that are currently zoned R-l, Ada County, are located with 300' of the subject site. Additionally, the Sterling Savings Bank, Lot 6, Block l, and Taco Bell, Lot 7, Block l, of the Dorado have been issued Certificates of Zoning Compliance for construction of drive-through windows also located approximately 300 feet from the proposed building. h. Off-Street Parking (Non-residential Uses): l. Parking spaces required: UDC ll-3C-6B establishes minimum parking standard for non- residential uses. Within commercial districts, spaces shall be provided at one per 500 square feet of gross floor area. 2. Parking spaces proposed: 21 3. Compact spaces proposed: 0 4. Off-site parking proposed: N/ A 5. Percentage of interior parking as landscaping: Prior to issuance of a Certificate of Zoning Compliance, staff will ensure that the proposed parking lot is improved with landscaping according to UDC requirements (see Exhibit B, Conditions of Approval). Grandview Marketplace Retail Building B (CUP-06-029) - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 f. Summary of Proposed Streets and / or Access: Access to the site will be from a right-in, right-out only access from / to Overland Road. In addition, a right-in only access from Eagle Road has also been approved. Eagle Road, south of 1- 84, and Overland Road are under the jurisdiction of the Ada County Highway District (ACHD). ACHD has indicated approval of accesses at these locations. Additionally, a note on the Final Plat (Book 95, Page ll647) establishes a perpetual vehicular cross access easement that is dedicated to all lots within the Dorado Subdivision. 7. AGENCY COMMENTS On September 15, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staffhas included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Staff [mds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. . The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. . The subject 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) 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 suNect lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss. Municipal, fee-supported, services will be provided to this site 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. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) Staff is conditioning approval of the subject CUP upon the applicant installing and maintaining landscaping on this site. Refer to the CUP Analysis, Section 10, for more information on landscaping at this site. Grandview Marketplace Retail Building B (CUP-06-029) - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) A 35-foot wide landscape buffer is typically required for C-G zoned properties which are located on an entryway corridor. The Dorado Subdivision, a planned development, has provided a landscape buffer on the subject site which rangesfrom approximately 36 feet to 42feet. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposal will contribute to the variety of uses in this area. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists drive-through windows as Permitted 1 Conditional Uses in the C-G zone. In this instance, however, the applicant is required to obtain CUP approval because the subject drive-through will be located within 300' of a residential zone, as well as within 300' of other drive~through windows sited in the Dorado Subdivision. b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses which are customarily operated 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 oftravel~related services, as well as retail sales for the transient and permanent motoring public. 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 SP-l and dated July 17, 2006, and the landscaping as proposed, with the following comments: Access: There are three access points to Dorado Subdivision, all approved by ACHD. The first is a right~in, right-out driveway from 1 to Overland Road, located approximately 260 feet west of Eagle Road. The second is a full access driveway from 1 to Overland Road at the west property line. The third is a right~in only access from Eagle Road located approximately 300 feet north of Overland Road. North bound turning is not allowed from the development onto Eagle Road. A perpetual vehicular CTOflfl acceflfl eaflement ifl dedicated to all lots within the Dorado Subdivision. Landscapin!!: The applicant has proposed approximately 4,900 square feet of landscaped area including, but not limited to the 4l-foot landscape buffer on Overland Road. The subject application proposes five-foot wide planters along the north lot line and a minimum of ten-foot wide landscape planters on the east and west lot lines. The applicant has also provided planter islands within the parking lot which meet the requirements of the Unified Development Code. Parkin!!: The applicant is proposing to construct 21 parking stalls. Only II parking stalls are required by Ordinance. UDC Table ll-3C-l requires 90.degree parking stalls to be 19-feet long, adjacent to 25-foot wide drive aisles. UDC 11-3C-5B-4 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. Drive- Throu!!h Desilm: Per the request of Planning Staff, the applicant submitted a revised site plan to modify the drive through design. Staff felt that extension of the landscape planters at the entrance and exit points better funnel traffic into and out of the drive though. Staff is supportive of the revised drive-through configuration. UDC 11-4-3-11 states that "a site plan shall be submitted that demonstrates safe pedestrian and vehicular access and Grandview Marketplace Retail Building B (CUP-06-029) - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 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 (l 00') in length shall provide for an escape lane. Desilnl Review Standards (lJDC 11-3A-19): Staff finds that the subject site generally complies with the standards for uses along entryway corridors. Please see Exhibit B for detailed Conditions of Approval. 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the fayade, 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 defmed 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 or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations: At least two changes in one or a combination of the following shall be incorporated into the building design: color, texture, and 1 or 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 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 fayade of the structure and abutting streets, unless the principal building( s) and 1 or parking is 1 are screened from view by other structures, landscaping and/or berms. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. Grandview Marketplace Retail Building B (CUP-06-029) - Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 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 of all customer entrances. The building elevations prepared by Larson Architects, Sheet Number A.l and dated August 9, 2006, are approved by staff, as they comply with the Design Review standards outlined in UDC ll-3A-19 listed above. Certificate of Zoninl! 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-1A). To ensure that all ofthe conditions of approval listed in Exhibit B are complied with, the applicant will be required to obtain CZC approval from the Planning Department prior to building construction, and all improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of CUP-06-029 for the Grandview Retail Buildine: B as presented durin!! the hearine: of October 19. 2006. based on the Findine:s of Fact listed in Exhibit C. and subiect to the conditions of approval listed in Exhibit B. Grandview Marketplace Retail Building B (CUP-06-029) - Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 11. EXHmITS A. Drawings 1. Vicinity Map 2. Dorado Subdivision Retail Use Plan 3. Dorado Subdivision Landscape Plan (Dated August l7, 2005) 4. Grandview Retail B Site Plan (Stamped "Revised" on September 29,2006) 5. Grandview Retail B Landscape Plan (Dated October 4,2006) 6. Building Elevations (Dated August 9, 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. Ada County Highway District C. Required Findings from Unified Development Code Grandview Marketplace Retail Building B (CUP-06-029) - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 A. Drawings 1. Vicinity Map I I ' I -- Mi.':! 01 2la06 05' 37f'M P5 ~) FROM : loti ItXR: co ~ ~ ~ :f e FAX 1>0. :203-323-7'523 ~ - ~ T I ~\. \ I "'- r-- i--- ~ ~~ I-- I-- -- ~/ \ .=ae I /~ !J'J I . II -- \ ~ ~ ir1?:-. r~~' \~ I~~ It. ~ --;~ ~~\ ~ :- ~o ), - ~ ~\. " ~ F?;; r.t-" '\). '~ :J.. fI j ( Q ~~ ~ ~ ';\~ 'ii., ~ -1 \ -~T' I ~\\'\ /1 ~r \~, ~ / \.-.- ~ J 1 I I I~ J- ,~ I ~ l~ -.' J ~ !5 o t:: L ( ~ I ~.\ ~~ ~~\" ~V' ~ _>--~ rl\ \~t--. ~ -- c ~):i I- I- r ~ .. ~ ' ... .- [ '~r I~ -. ~ ~ ~ m ~- i oP' ,... .. f ~<<= 1-- l..J-- l..l ........J Exhibit A CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19,2006 2. Dorado Subdivision Approved Landscape Plan uop;:~ :'~7!~~"1'1' I~ ~ 'omolio ~:J: n Ii Iii ill' -----$;.;~.....~---------i---I------.-I II I OVOl! nlV35 ~ ~ l I j..,T... ~ ~ .: I ~ ~ .., ..J a> <0 - hI id 11!1'~~ '~jll lrw!.... im~dL~,ltJ!Uu.. 'l.h~J .... ... :;- ~~ ll!1I ~ /I - j: I' . . ~ ,i I. '! I , I I - I Ii Ppp~'l Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 --- /^F~24~ . I' ":::.,' /111' II) I' ::i \ [- ~:~-~i:l ~--; j"~ I----~ !i I I- L' , / im,-'I ' ~ ,__/ C( I . lr=: ~~'-'l-~ r O"Llf~-H#ttrtHD ...-~- <______I i !! U I I II I I :, _/ IJlj-WwW~j~~fjr@'J" O-,j] Ilhi'1 I I. I ii, ,) I III i I, G [II ~UliJ.41LJ~rj = I") , U 'I i : i i~UlW : i Ii: I a pL " ,'_1._ ".L..L..--' _:'_LJ 'ii Q . 0 [' I IB ~I I ~ ,~ JimE ~ - "~~ 3. Dorado Subdivision Retail Use Plan ': 11J.J I'L:JJ1U~I~I: I: r Exhibit A """"~. ,.. ............... "~,, " ' '\."1 1\ II -.I~~ <19<< i~~ ~, E-- ~=- I-JI~ CQ:U ~! r:i'Ji i I~t~ s - i~~~-- b ~lll :...tl.. (IIlI !."._.~ I" ~ I I ",'''_M ~ c-' , ," ,-- -~ : i".,_-_b ~ I ! :=j : UU_LLllJ~ : L-__________ ___ ~ .L!I!li!l.L~ l!!I!lOO' !., I I ~ ' i I ; , - i .~"~ , I I ' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19,2006 4. Grandview Retail B Site Plan (Dated July 17, 2006) v .. II I l ~ - ~- ---. ~- ~ -------....--- - ~- I ---.L -l ~ -t>> , t I I ---'8 I i{] o c i i ; ! :0=: w C1I it 'I I ~ '5. i ~Il! ill iiIIl~d Exhibit A CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 5. Grandview Retail B Landscape Plan (Dated October 4,2006) , 1" I I \a. I , I ~ ... c ,<( @' c i w ! I I '.- .0' ~'J."'''' .........' Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNG DATE OF OCTOBER 19, 2006 6. Building Elevations (Dated August 9, 2006) I '*... (~ CHWa 'fMlHM Hut ...., CM:lY GW1BAO l'lEIllt I ..... -- ." 4 :k .......,._IIIW...~ NClLI.n8 MMCIMlEl I 'r'd 'sJ3an'lIUY UO&I.1I1 .a I'.lNICITI8 "lYlltI . - I ~ ~ ~ Exhibit A __._~8i'-_._.'-" _....._ m.-.. ~ I 5 i b , - ~ ! i @- '-"- I ..... <tJ ! ~ Ii ~. -'-'-'-'-'-~~'l~_ I; '-'-'-'-'-'-'--r" ._,_._, =::i ~!I II Ig ,_!~ i~ --~............-~-~-~-~~_.......I.. ;::j l~~L I~ ~ ! I _ r- i i -~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENTS 1.1 The Landscape Plan, labeled Sheet L1.0, prepared by The Land Group, Inc., and dated October 4, 2006, is approved. 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. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC ll-3B-14. 1.2 The Site Plan, labeled Sheet SP-l, prepared by Larson Architects, Inc., stamped "Revised" on September 29, 2006, is approved subject to the conditions listed herein. A site plan shall be submitted with the Certificate of Zoning Compliance application for the subject retail use and accompanying drive-through. 1.3 The applicant shall comply with all previous requirements of this site associated with AZ-05-0l9, PP-OS.024, CUP-05-031, and FP~OS-OS7, as well as the Development Agreement in effect for the Dorado Subdivision. 1.4 Two-way traffic shall be limited to the parking area only. 1.S A "Do Not Enter" sign shall be installed at the drive-through exit to face north within the landscape planter located at the east property line, as depicted on the revised site plan. 1.6 A "Yield" sign shall be installed within the landscape planter island immediately north of the drive~through, as depicted on the revised site plan. Said sign shall face south to indicate to drive- through users that parking lot traffic has the right of way. 1.7 Sidewalks/walkways shall be installed around the perimeter of the proposed structure according to UDC ll-3A-l7. 1.8 The aoplicant shall pay the associated costs with re-noticing the public hearing. 1.9 The applicant shall comply with the outdoor lighting standards shown in UDC ll-3A-I1. 1.10 To ensure that the conditions of approval for CUP-06-029 and the terms of the existing Development Agreement in effect for the Dorado Subdivision are complied with. the applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) peIIuil [rom the Planning Department prior to construction ofthe building shell. 1.11 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 suretv 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 (e.g.. landscaping. and irrigation). A bid from a licensed contractor must accompany any request for temporary occupancy. l.12 No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.13 Staff's failure to cite specific ordinance provisions or terms of Dorado's approved Final Plat / Conditional Use does not relieve the applicant of responsibility for compliance. 1.14 The applicant shall have a maximum of l8 months to commence the use as permitted in accord with the conditions of approval listed above. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer and water service to this development is being proposed via existing stubs to the Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 property. The applicant shall install any mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The applicant shall coordinate fire hydrant placement with the Public Works Department during plan review. 2.3 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). Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHffiIT A) and an 8112" x 11" map with bearings and distances (marked EXHffiIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.4 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements such as fencing, micro-paths, and landscaping may be bonded for prior to obtaining certificates of occupancy. 2.5 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 2.6 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. 2.7 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.8 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.9 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 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" 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 corners 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. 3.3 The phasing plan may require that any roadway greater than l50 feet in length that is not provided with an outlet be required to have an approved turn around. 3.4 All internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 All roads are considered Fire Lanes. Provide signage, "No Parking - Fire Lane," and post at all Exhibit B CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 entrances. 3.6 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. 3.7 Building setbacks shall be per the International Building Code for one- and two-story construction. 3.8 Commercial and office occupancies will require a fIre-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 Provide a Knox box entry system for the complex prior to occupancy. 3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.12 All portions of the buildings located on this project must be within l50' of a paved surface as measured around the perimeter of the building. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 There shall be a fire hydrant within 100' of all Fire Department connections. Additional hydrants shall be installed to meet this requirement, if necessary. 3.15 Buildings over 30' in height are required to have access roads in accordance with Appendix D, Section Dl05. 3.16 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 5. PARKS DEPARTMENT 5.l The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICES 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) trash enclosure plans along with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Utilize an existing 35-foot wide curb return type driveway that functions as a full access driveway and intersects Overland Road approximately 365 feet east of Bonito Way, as proposed. 7.1.2 Construct a 24-foot wide curb return-type driveway that functions as a right-in / right-out driveway ONLY and intersects Overland Road approximately 235 feet west of Eagle Road. 7.1.3 Construct a five.foot wide detached concrete sidewalk on Eagle Road abutting the portion of the site that was not improved as a part of the intersection project (approximately 320 feet). Construct the sidewalk a minimum of 50 feet from the centerline of Eagle Road. 7.1.4 Construct a 20-foot wide right-in ONLY driveway that intersects Eagle Road approximately 230 feet north of the curb line for Overland Road and construct a l5-foot wide (390 feet long) deceleration lane on Eagle Road to accommodate the right-in driveway ONLY. Coordinate the details with Exhibit B CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARJNG DATE Of OCTOBER 19, 2006 District staff in regard to the design and construction of the driveway and deceleration lane on Eagle Road. Construct a 6-inch raided median in Eagle Road to restrict the driveway to provide a right-in movement ONLY. 7.1.5 Other than the access points that have specifically been approved with this application, direct lot access to Overland Road and Eagle Road is prohibited. Place a note on the final plat that states this access restriction. 7.l.6 Prior to fmal approval, submit plans to the ACHD Development Review Department. 7.1.7 A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6l70 for information regarding impact fees. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 7.2.6 7.2.7 7.2.8 7.2.9 7.2.10 7.2.11 Exhibit B Any existing irrigation facilities shall be relocated outside of the right-of.way. All utility relation costs associates with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in I,;Un[UIlnaIll,;t: with all applicabk requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (l-800-342-l585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 C. Required Findings Unified Development Code 1. Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: a. 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 drive-through window on this site can accommodate and meet all dimensional and development regulations of this District. Staff finds that the subj ect property is large enough to accommodate the required setbacks, parking, landscaping, and other features required by Ordinance. The Commission should rely on Staffs analysis, and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. b. 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 "Commercia1." The proposed use is generally harmonious with the requirements of the UDC and the Comprehensive Plan (see Section 8, 9 and 10 above for more information regarding the Comprehensive Plan policies and UDC standards.) c. 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 retail/ 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. d. 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. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation, ITD and ACHD. Based on comments from other agencies and departments, staff finds that the proposed use will be served adequately by all ofthe public facilities and services listed above. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare ofthe 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. g. 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 retail/ 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. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with this use that should be brought to the Commission's attention. Stafffmds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Exhibit C