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Home My WebLink AboutPZ - Staff Report City of Meridian | Department Report I. Project Overview HEARING DATE: 9/5/2024 TO: Planning & Zoning Commission FROM: Linda Ritter, Associate Planner 208-884-5533 lritter@meridiancity.org APPLICANT: Michael O’Reilly, Kimley Horn SUBJECT: H-2024-0021 Raising Cane’s CUP LOCATION: 2700 N. Eagle Road, located in a portion of the SW ¼ of the NW ¼ of Section 4, Township 3N, Range 1E I. PROJECT OVERVIEW A. Summary A Conditional Use Permit (CUP) to construct a drive-through restaurant with food and drink services including an indoor/outdoor seating area. The drive-through restaurant will be approximately 2,862 gross square feet overall and is one-story in height with landscaping along two perimeter property lines located on 1.46 acres of land in the C-G zoning district. B. Issues/Waivers None C. Recommendation Staff recommends approval of the proposed conditional use permit with the conditions in Section IV per the Findings in Section V. D. Decision Select: Pending. COMMUNITY DEVELOPMENT DEPARTMENT REPORT City of Meridian | Department Report II. Community Metrics II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Vacant - Proposed Land Use(s) Commercial - Existing/Proposed Zoning General Retail and Service Commercial District (C-G) VI.A.2 Future Land Use Designation Mixed-Use Regional (MU-R) VI.A.3 Table 2: Process Facts Description Details Preapplication Meeting date Tuesday, April 30, 2024 Neighborhood Meeting 5/16/2024; (Describe meeting attendance) Site posting date 8/23/2024 Table 3: Community Metrics Agency / Element Description / Issue Reference Ada County Highway District IV.E • Comments Received Yes/Staff Report - • Commission Action Required No - • Access Eagle Road/Existing - • Traffic Level of Service N/A - ITD Comments Received Yes, letter uploaded to the public portal IV.F Meridian Fire No comments provided Error! Reference source not found. Meridian Police No Comments provided Error! Reference source not found. Meridian Public Works Wastewater Distance to Mainline: On site; Impacts or Concerns: No IV.B Meridian Public Works Water Distance to Mainline: Onsite; Impacts or Concerns: No IV.B See City/Agency Comments and Conditions Section and public record for all department/agency comments received. City of Meridian | Department Report II. Community Metrics Figure 1: One-Mile Radius Existing Condition Metrics Figure 2: ACHD Summary Metrics Notes: See Error! Reference source not found.. Error! Reference source not found.. Existing Level of Service Eagle Existing Lanes 5 Planned Lanes 5 Programmed IFYP N Programmed CIP N ACHD ( Primary roadway impact ) Notable ACHD Comments  City of Meridian | Department Report II. Community Metrics Figure 3: Service Impact Summary Notes: See Error! Reference source not found.. Error! Reference source not found.. Ready Marginal Caution Service Impact Tools City of Meridian | Department Report III. Staff Analysis III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A. General Overview Mixed Use Regional - The purpose of this designation is to provide a mix of employment, retail, residential dwellings, and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Sample zoning includes: R-15, R-40, TN-C, C-G, and M-E The subject site is already zoned General Retail and Service Commercial District (C-G). The proposed use will construct a drive-through restaurant with food and drink services including a drive-through and an indoor/outdoor seating area. The drive-through restaurant will be approximately 2,862 gross square feet overall and is one-story in height with landscaping along two perimeter property lines. The surrounding area was developed with a commercial shopping center that includes two salons, a Five Guys Burgers and Fries Restaurant, and a Firehouse Subs Restaurant with a drive thru as well as residential development. The Village Apartment are to the east of Sessions Parkway Subdivision and the Regency at River Valley Phase 1 and 2 are to the south. The drive-through restaurant, within the larger commercial complex, is exactly the type of local neighborhood serving use envisioned by the Comprehensive Plan. Pathways connect this complex to the adjacent neighborhood for better integration. The proposed drive-through restaurant establishment is a use determined to be appropriate in this zoning district, subject to the specific use standards listed in UDC 11-4-3-11 (discussed in specific use standards below). The hours of operation being requested through this conditional use permit are Sunday-Thursday with a closing time at 1:30 AM. Friday and Saturday with a closing time of 3:30 AM. Per UDC 11-2B-3B, business hours of operation within the C-C and C-G Districts shall be limited from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district. Extended hours of operation in the C-C and C-G Districts may be requested through a conditional use permit. These restrictions apply to all business operations occurring outside an enclosed structure, including, but not limited to, customer or client visits, trash compacting, and deliveries. These restrictions do not apply to business operations occurring within an enclosed structure, including, but not limited to, cleaning, bookkeeping, and after hours work by a limited number of employees. Table 4: Project Overview Description Details History AZ-03-021; AZ-15-012; MDA-15-011; DA Inst. #2022-065403; A-2020- 0115 (PBA ROS #12423); H-2022-0046 (MDA, PP), Development Agreement Inst. #2023-033831, FP-2023-0002; and H-2023-0030 MDA DA Inst. # 2023-069381. City of Meridian | Department Report III. Staff Analysis Figure 4: Mixed Use Analysis by Land Use Area Notes: See Error! Reference source not found.. Error! Reference source not found.. B. History and Process The final plat for Sessions Parkway subdivision consisting of five (5) building lots on 5.32 acres of land in the C-G zoning district was approved on September 5, 2023. The final plat was in substantial compliance with the approved preliminary plat (H-2022-0046) approved on January 17, 2023. As part of the plat, the Applicant requests City Council approval of an access via N. Eagle Rd./SH-55, located on the abutting property to the south (Parcel #S1104233802). Consent was granted from the abutting property owner for this request as part of this application. The proposed restaurant and drive-through establishment design and layout is consistent with the approved concept plan in DA Inst.# 2023-033831. AZ-03-021; AZ-15-012; MDA-15-011; DA Inst. #2022-065403; A-2020-0115 (PBA ROS #12423); H-2022-0046; DA Inst.# 2023-033831; FP-2023-0002. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): The proposed use will construct a drive-through restaurant with food and drink services including a drive-through and an indoor/outdoor seating area. The drive-through restaurant will be approximately 2,862 gross square feet overall and is one-story in height with landscaping along two perimeter property lines. The applicant is proposing forty-five (45) parking spaces which exceeds the required eleven (11) spaces per UDC 11-2. 2. Proposed Use Analysis (UDC 11-2): The proposed use will be a drive-through and an indoor/outdoor seating area. The drive- through restaurant will be approximately 2,862 gross square feet overall and is one-story in height with landscaping along two perimeter property lines. A drive-through establishment must be approved through a Conditional Use Permit as it is within 300 feet of an existing drive-through. The hours of operation being requested through this conditional use permit are Sunday- Thursday with a closing time at 1:30 AM. Friday and Saturday with a closing time of 3:30 AM. The proposed use complies with the zoning for the site and is subject to specific use standards as listed in 11-4-3-11. 3. Dimensional Standards (UDC 11-2): The proposed drive-through restaurant and an indoor/outdoor seating area will be approximately 2,862 gross square feet overall and is one-story in height with forty-five (45) Non-residential Residential 0.0%50.0%100.0% Address Type Split R-15 C-C C-G Land Use Area by Zoning Districts 0.0%50.0%100.0% Zoning Variety 0.0%50.0%100.0% Address-Zoning Mix Acres Annexed 100% Mixed Use Area City of Meridian | Department Report III. Staff Analysis parking spaces which exceeds the required eleven (11) spaces per UDC 11-2. This site complies with the dimensional standards for the C-G zoning district. 4. Specific Use Standards (UDC 11-4-3): A. A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area, pick up windows, and exit lanes) is: 1. Not within three hundred three hundred (300) feet of another drive-through facility, a residential district, or an existing residence: or 2. Separated by an arterial street from any other drive-through facility, residential district or existing residence; or 3. Not within the O-T zoning district. Otherwise a conditional use permit is required. B. All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the certificate of zoning compliance or the conditional use permit. Speakers are prohibited in the O-T zoning district. C. 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 plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right-of-way by patrons. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. 3. The stacking lane shall not be located within ten (10) feet of any residential district or existing residence. 4. Any stacking lane greater than one hundred 100 feet in length shall provide for an escape lane. 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. D. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. Staff finds the applicant meets the requirements for a drive-through establishment. D. Design Standards Analysis 1. Existing structure and Site Design Standards (Comp Plan 3.07.02A, Comp Plan 5.01.02D, UDC 11-3A-19): Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments. City of Meridian | Department Report III. Staff Analysis Require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots into existing neighborhoods. Therefore, buildings shall be designed in accord with the "City of Meridian Architectural Standards Manual." Per UDC 11-3A-19 pedestrian walkways shall provide a continuous walkway that is a minimum of five (5) feet in width from the perimeter sidewalk to the main building entrance(s) for nonresidential uses. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets Per UDC 11-2B-3, landscape buffers along arterial shall be thirty-five (35) feet in width. The applicant will be required to install the landscape buffer along N. Eagle Road. The applicant is proposing a twenty (20) foot wide landscape buffer along the internal drive aisle. ii. Parking lot landscaping Per UDC 11-3B-8, the applicant shall provide perimeter and internal parking lot landscaping to soften and mitigate the visual and heat island effect of a large expanse of asphalt in parking lots, and to improve the safety and comfort of pedestrians. A five-foot wide minimum landscape buffer adjacent to parking, loading, or other paved vehicular use areas. iii. Pathway landscaping Landscaping for pathways shall meet the requirements outlined in UDC 11-3B-12. The applicant is proposing landscaping along the multiuse pathway along Eagle Road that shall complies with UDC 11-3B-12. 3. Parking (UDC 11-3C): i. Nonresidential parking analysis Per UDC 11-3C Restaurants require one (1) parking space for every two hundred and fifty (250) square feet of gross floor area. The total number of parking spaces required is eleven (11). The applicant is proposing thirty-five (35) parking spaces which exceeds the required number parking spaces for this proposal. ii. Bicycle parking analysis Per UDC 11-3C-6.G One (1) bicycle parking space shall be provided for every twenty- five (25) proposed vehicle parking spaces or portion thereof, except for single-family residences, two-family duplexes, and townhouses. Based on thirty-five (35) parking spaces being proposed, two (2) bicycle parking space is required. City of Meridian | Department Report III. Staff Analysis 4. Building Elevations (Comp Plan 5.01.02D, Architectural Standards Manual): Conceptual building elevations were submitted for the proposed restaurant as shown in Section VIII.E. The proposed building design includes the following material: composite lumber, brick veneer, metal and aluminum panels. Final design is required to comply with the design standards in the Architectural Standards Manual (ASM). The Applicant shall obtain a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) approvals before submitting for any building permit within this development. The Comprehensive Plan’s goal is to require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots into existing neighborhoods. 5. Fencing (UDC 11-3A-6, 11-3A-7): No fencing is being proposed with this development. E. Transportation Analysis Ada County Highway District (ACHD) reviewed the submitted application and has determined that there are no improvements required to the adjacent street(s). 1. Access (Comp Plan 6.01.02C, UDC 11-3A-3, UDC 11-3H-4): Access to the property is via a drive aisle off of Eagle Road. A right in and right out was previously approved for this development. The Comprehensive Plan’s goal is to require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties. 2. Multiuse Pathways (UDC 11-3A-5): Per the Parks Department, the project developer shall design and construct multi‐use pathways consistent with the location and specifications set forth in the Meridian Pathways Master Plan Map and Master Pathways Plan Document Chapter 3). Any proposed adjustments to pathway alignment shall be coordinated through the Pathways Project Manager. See pathway comments in III.C. 3. Pathways (Comp Plan 4.04.01A, UDC 11-3A-8, UDC 11-3H.C3): Ensure that new development and subdivisions connect to the pathway system. The applicant shall adhere to design and construction of the ten (10) foot multiuse pathway along State Highway 55. 4. Sidewalks (UDC 11-3A-17): In lieu of a detached sidewalk, a detached multi-use pathway is required to be constructed along N. Eagle Rd./SH-55 in accord with the standards listed in UDC 11-3A-8 and the Pathways Master Plan. 5. Private Streets (UDC 11-3F-4): No new streets are being proposed with this development. F. Services Analysis All utilities shall meet the requirements of the Comprehensive Plan and UDC sections identified below. 1. Waterways (Comp Plan 4.05.01C, UDC 11-3A-6): N/A. There are no waterways on the existing property. City of Meridian | Department Report IV. City/Agency Comments & Conditions 2. Pressurized Irrigation (UDC 11-3A-15): The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 3. Storm Drainage (UDC 11-3A-18): The applicant shall design and construct and adequate storm drainage system in accordance with the city’s adopted standards and shall follow Best Management Practice as adopted by the city. 4. Utilities (Comp Plan 3.03.03A, UDC 11-3A-21): Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. All utilities are available to the site. Water main, fire hydrant and water service require a twenty-foot (20) wide easement that extends ten (10) feet past the end of main, hydrant, or water meter. No permanent structures, including trees are allowed inside the easement. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. This project is subject to all current City of Meridian ordinances and shall comply with the previous conditions of approvals associated with this site (AZ-03-021; AZ-15-012; MDA-15- 011; DA Inst. #2022-065403; A-2020-0115 (PBA ROS #12423); H-2022-0046; DA Inst.#2023-033831; FP-2023-0002, A-2024-0096). 2. A Certificate of Zoning Compliance and Design Review application was submitted and reviewed for the proposed use (A-2024-0096). The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. b. Provide a pedestrian pathway from Eagle Road to the building. The pathways from the perimeter sidewalks to the main building entrance shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4b. c. Show the location of the bicycle parking on the site plan and include a detail for the bicycle rack that complies with the design standards listed in UDC 11-3C-5C. f. No stacking is allowed in the outside travel lane that serves as an escape lane; depict signage notifying patrons not to block the escape lane. g. Provide landscaping along the internal roadway to the east that meets the requirements of UDC 11-3B-8. City of Meridian | Department Report V. Findings h. Provide details for the trash enclosure. 3. Compliance with the standards listed in UDC 11-4-3-11– Drive-Through Establishment and standards listed in UDC 11-4-3-49 – Restaurant is required. 4. The conditional use permit is valid for a maximum period of two (2) years 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 as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B-6F. B. Meridian Public Works See public record (copy the link into a separate window) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=351909&dbid=0&repo=MeridianCit y C. Meridian Park’s Department See public record (copy the link into a separate window) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=351909&dbid=0&repo=MeridianCit y D. Idaho Department of Environmental Quality (DEQ) See public record (copy the link into a separate window) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=351909&dbid=0&repo=MeridianCit y E. Ada County Highway District (ACHD) See public record (copy the link into a separate window) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=351909&dbid=0&repo=MeridianCit y F. Nampa Meridian Irrigation District (NMID) See public record (copy the link into a separate window) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=351909&dbid=0&repo=MeridianCit y G. Idaho Transportation Department (ITD) See public record (copy the link into a separate window) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=351909&dbid=0&repo=MeridianCit y V. FINDINGS A. Conditional Use (UDC 11-5B-6E) I. ACTION A. Staff: After reviewing the project for compliance with the city’s comprehensive plan and unified development code, staff finds the project complies if the applicant adheres to the conditions outlined in Section IV per the Findings in Section V of the staff report. City of Meridian | Department Report VI. Exhibits B. Commission: Pending VI. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial City of Meridian | Department Report VI. Exhibits 2. Zoning Map 3. Future Land Use City of Meridian | Department Report VI. Exhibits 4. Planned Development Map City of Meridian | Department Report VI. Exhibits 5. Map Notes Nearby and recent preliminary plats (within the last 5 years: H-2018-0071 H-2018-0121 H-2019-0121 H-2020-0051 H-2020-0116 H-2021-0004 H-2021-0006 H-2021-0097 H-2022- 0008 H-2022-0069 H-2022-0072 H-2022-0077 H-2022-0082 H-2023-0040 H-2023-0068 Nearby and recent conditional use permits (within the last 5 years: H-2018-0085 H-2018- 0107 H-2019-0027 H-2020-0104 H-2021-0082 H-2017-0058 H-2022-0045 H-2022-0046 H- 2023-0009 B. Subject Site Photos City of Meridian | Department Report VI. Exhibits C. Service Accessibility Report City of Meridian | Department Report VI. Exhibits D. Site Plan (date: 5/28/2024) City of Meridian | Department Report VI. Exhibits E. Landscape Plan (date: 5/28/2024) City of Meridian | Department Report VI. Exhibits F. Building Elevations (date: 5/9/2024)