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HomeMy WebLinkAboutStaff Comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: January 4, 2007 Planning & Zoning Commission Sonya Watters, Associate City Planner Dickey's BBQ Pit Drive-through . CUP-06-039 Conditional Use Pennit for a drive-through establishment within 300 feet of an existing residence, by Cooper Industries. i otGrldi~ '\ \ llJAHO I 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Cooper Industries, has applied for Conditional Use Pennit approval for a drive-through establishment within 300 feet of an existing residence. The subject site is located at 2845 E. Overland Road, approximately ~ mile west of S. Eagle Road on the southwest comer ofE. Overland Road and S. Bonito Way, in the northeast comer of Section 20, Township 3 North, Range 1 East, B.M. The property is currently zoned C-G (General Retail and Service Commercial District). The applicant is proposing to operate a restaurant with a drive-through in the existing building on this site. The drive- through is proposed on the northwest portion of the existing building. Restaurants, retail stores, and drive- through windows are principally pennitted uses within the C-G zone. However, the Unified Development Code (UDC) requires all drive-through establishments to obtain Conditional Use Pennit (CUP) approval where a drive-through facility is to be located within three hundred feet of a residence, prior to submittal of a Certificate of Zoning Compliance application. There is an existing single-family home within 300- feet of the proposed drive-through, across Overland Road. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-06-039 for Dickey's BBQ Pit Drive-through as presented in the Staff Report for the hearing date of January 4, 2007, 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- 06-039 as presented during the hearing of January 4, 2007, with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct staff to prepare an appropriate fmdings document to be considered at the next Planning and Zoning Commission hearing on January 18, 2007. Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-06- 039 as presented during the hearing of January 4,2007, for the following reasons: (you must state specific reason(s) for the denial of the conditional use pennit and what the applicant may do to gain your approval in the future.) I further move to direct staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on January 18, 2007. Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP- 06-039 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason( s) for continuance.) Dickey's BBQ Pit Drive-through (CUP-06-039) - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 4. APPLICATION AND PROPERTY FACTS a. Site Address / Location: 2845 E. Overland Road (Lot 4, Block 3, Bonito Subdivision) Section 20, T.3N., R.lE. Parcel No.: Rl022760210 b. Owner: Kimball Properties P.O. Box 8204 Boise, ill 83707 c. Applicant Lonnie Harrison, Cooper Industries l225 E. Crosby, Ste. A-l Carrollton, TX 75006 d. Representative: Eric Anderson, BRS Architects e. Present Zoning: C-G (General Retail and Service Commercial District) f. Comprehensive Plan Land Use Designation: Mixed Use Regional g. Description of Applicant's Request: The applicant is requesting Conditional Use Pennit approval for a drive-through window in the existing 4,600 square foot building for Dickey's BBQ Pit within 300 feet of an existing residence. The drive-through will be located at the northwest portion of the existing building as shown on the site plan. 1. Date of Site Plan (See Exhibit A): September 21, 2006 2. Date of Landscape Plan (See Exhibit A): August 12, 2005 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use per City Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: December 4th, 2006; December 18th, 2006 c. Radius notices mailed to properties within 300 feet on: November 22nd, 2006 d. Applicant posted notice on site by: December 19th, 2006 6. LAND USE a. Existing Land Use(s): Commercial b. Description of Character of Surrounding Area: This area is a rapidly developing commercial area with existing restaurant, office, retail, hotel, gym, and service oriented uses. The site is surrounded by commercially zoned property on the west, south, and east, and existing residential homes to the north, in Ada County. c. Adjacent Land Use and Zoning: 1. North: Residential (Overland Way Subdivision), zoned Rl (Ada County) 2. West: Vacant, future commercial property, zoned C-G 3. South: Commercial property (Bonito Subdivision), zoned C-G Dickey's BBQ Pit Drive-through (CUP-06-039) - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 4. East: Commercial property (Bonito Subdivision), zoned C-G d. History of Previous Actions: The subject property was annexed (AZ-Ol-018) and platted (PP- 01-020, FP-03-0l0) in 2002-2003 as part of Bonito Subdivision (fka El Dorado Subdivision). A Planned Development was also approved at that time for a Mixed Use development (CUP- 01-037). A Development Agreement (DA) was entered into with the City as part of the annexation and recorded as Instrument No. 103020830. An addendum to the DA (MI-04-006) was recorded in 2004 as Instrument No. 104107403. A Certificate of Zoning Compliance was issued for the existing multi-tenant building (shell and core) on the site in 2005 (CZC-05-l13). e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Sewer already stubbed to this lot. Location of water: Water already stubbed to this lot. Issues or concerns: Routing of sewer and water mains 2. Vegetation: Existing 3. Floodplain: NA 4. Canals/Ditches Irrigation: All ditches were tiled with the subdivision improvements. 5. Hazards: NA 6. Size of Property: 2.5 acres (entire lot) 7. Description of Use: Proposed drive-through in existing 4,600 square foot building f. Summary of Proposed Streets and / or Access: The applicant is not proposing any new access points to the site at this time and none are approved. Access is provided to the site from S. Bonito Way, an existing roadway within Bonito Subdivision. Direct lot access to E. Overland Road is prohibited. 7. AGENCY COMMENTS On December 1, 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. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use - Regional" (MU-R) on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defmed in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. Staff fmds 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: + Dickey's BBQ Pit Drive-through (CUP-06-039) - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 );> 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 sUlJiect 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 subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss. 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) The applicant is required to install and maintain landscaping on the site in accordance with UDC iI-3B. A landscape plan was previously approved by the Planning Department with the Certificate of Zoning Compliance (CZC-05-II3) issued for this site that complied with the applicable UDC standards for landscaping. Additional landscaping installed on the site shall comply with the approved landscape plan and shall be maintained. · "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 has been installed adjacent to E. Overland Road, an entryway corridor into the City. · "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed restaurant use with a drive-through window on this site will contribute to the variety of uses in this area. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: . "The capacity of arterial . . . roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimize access points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page 72) . "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). . "Restrict curb cuts and access points on . . . arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) Please see section 6f above for details on access provided to this site. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC ll-2B-2 lists a drive-through facility as an Accessory/Conditional use in the C-G zone, with Specific Use Standards for Drive-through Dickey's BBQ Pit Drive-through (CUP.06-039) - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 Establishments. The Specific Use Standards listed in UDC 11-4-3.11 for Drive-through Establishments require Conditional Use Pennit (CUP) approval for drive-through facilities that are within 300 feet of another drive-through facility or a residential district or an existing residence (see Section 10 below for additional specific use standards related to drive-through establishments). The subject property is within 300 feet of an existing residence and residential district. 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 of travel-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 on the CUP site plan labeled as Sheet CUI. 1 , dated September 21,2006, and the landscaping proposed on the landscape plan labeled Sheet L1.0, dated August 12, 2005, with the following comments: Landscaping: The landscape plan prepared by Sterling Landscape Company, dated August 12, 2005, was reviewed and approved with the Certificate of Zoning Compliance (CZC) issued for this site. No changes have been made to the landscape plan submitted with this application. Parking: Parking was reviewed and approved with the Certificate of Zoning Compliance (CZC) issued for this site. No changes have been made to the site plan submitted with this application. Access: Access to the site is provided from S. Bonito Way, a commercial roadway within Bonito Subdivision. Direct lot access to E. Overland Road is prohibited. Specific Use Standards for Drive-through's: Staff is generally supportive of the proposed drive-through design, and finds that it meets the requirements set forth in UDC 11-4-3.11, which states that "a site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. UDC 11-4-3.11 goes on to state: At a minimum, the site plan shall demonstrate compliance with the following standards: . Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons; . The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; . The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; · Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. . A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. Staff finds that the site plan submitted with this application complies with the specific use standards for a drive-through establishment, as set forth in UDC 11-4- 3.11C. Dickey's BBQ Pit Drive-through (CUP-06-039) - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 Certificate of Zoning Compliance (CZC): The purpose of a Certificate of Zoning Compliance (CZC) pennit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC ll-5B-1A). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the applicant will be required to obtain a CZC from the Planning Department prior to receiving occupancy. With the CZC application, please include the following additional information on the site plan and/or landscape plan submitted with the new CZC for this site: . A "Do Not Enter" sign should be constructed in the south end of the planter island on the west side of the drive-through lane where traffic exits. This provision should help to prevent cars from entering the drive-through from the wrong direction; please include signage on plan. · A pedestrian walkway meeting the design review standards listed below. Design Review: Because this site is located on an Entryway Corridor, Design Review would typically be required per UDC ll- 3A-l9B5. However, the CZC approved for this site was issued prior to adoption of the Unified Development Code, which requires structures located on property adjacent to an Entryway Corridor to comply with Design Review standards as stated in UDC 11-3A-19C. Because the building has already been built, Staff is not requesting any changes to the building fayade or parking areas. However, Staff is requiring the applicant to construct a pedestrian walkway to/from the sidewalk on Overland Road that complies with provisions listed in UDC 11-3A-19C4 below. 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. 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. Note: The site plan and landscape plan were reviewed and approved with the CZC issued for this site. No other changes have been made to the previously approved plans submitted with this application. b. Staff Recommendation: Staff recommends approval of CUP-06-039 for Dickey's BBQ Pit Drive-through, as presented in the Staff Report for the hearing date of January 4,2007, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval as listed in Exhibit B. 11. EXHIBITS A Drawings 1. Vicinity Map Dickey's BBQ Pit Drive-through (CUP-06-039) - Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 2. Site Plan, prepared by BRS Architects, labeled Sheet CULl, dated 9/21/06 3. Landscape Plan, prepared by Sterling Landscape Company, labeled Sheet L1.0, dated 8/12/05 4. Elevations, prepared by BRS Architects, labeled Sheet CU1.2, dated 9/21/06. 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 8. Central District Health Department C. Required Findings from Unified Development Code Dickey's BBQ Pit Drive.through (CUP-06-039) - Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 A. Drawings l. Vicinity Map ....._r-;--"":- i --lj i -1 ~ L ,'-'- / i ~t:< --_ " 1-.-St'.------;I..--1-~~'.., - , - / ",. 'L ~'II'~- -- -~ ' '~' '" ,...,;-~:,.., . -, .-' ~--,-,- .~,,! ----: , r' r L Y/{/ , '----, .\\ ..... .~~rl;~~\ ..~.TI/[~~-i ~ hi' / /~ G--.--- ~RSTONE,"__ ,'11,1:=8 C , ~ /i / ,/ ffi' t- . "::.:r -~~"<~....i. '1,\,'- "" I" ! .,,/ t '"''', ~ 1 'I '., i -t,I, I I .- ~\< ...'" 'L ,I! \ / ~-------.,-> . 'I " !~\i:I:r/l.!iI'U... 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CO ,I I . -, '[ '- 1_--; '__ :~'""?I ;~~~ 0i 'r+~j!~-j ..~T+lIr=.::'f ! I -h!~.-l LJ;t, " " \'--.. ,"-,i1~"'"\.,,~,, '1' ' C1)~;f U \m~. ... 'I ~ II ."'1 .~." .i=\ ',I I II' ...... 1\ '~~\'::-:-T:-~:'< ;-7-;c~" I Ii 1); ~." ~- "- iit", ..: ~"--' I ! ........ -.j ~ . , ,. "j .. f'-~---I-..~ 1~:-~lj:1 ~~~~_. .. i-~- Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 2. Site Plan D~~~ -- -- , ...... J1W ....; I II ~ I Ild'b8S Su\3j5IO ~~.-.... ~ ll';'OIl Qt0f71lj3i\O rt=-=-~~~:"-~-=--=7::=:::-=-: - ----=-~~-=--~~,:::::::::- Ii I' 'I ~, I ~ I, I . I 1i ,I -. ~ : ! >- : ~ ~ ~" ~lJ- .... ~ ,'\ I', .~ ': . I t, I $. I I r 'lOg PARKING Exhibit A CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 3. Landscape Plan mO;L~t!osPllrJ c- DNI'IHH . ' : Z~ONI~~Wii'?i~ ':, 1~laf.I' '1111h 'I ~~t ~Im U ' Ii Ml'i,'d fh P!if t, IIi clllr .11 II! ii ~rJ~I.I! ~~ ~ !I~~ ~I~ ti i : ,llli If '01 II l'r~ H r. m II~I ~ t.1 ! ! j~. , . . ~..,u ~Ii !I ~J 311 ~ t .II :llt i'~' Jtdl. iil I i!I' fill! till in ! II ~ I ,1 I ,I i ,.I~ ~~l L}8 ,~ J~ ilf;,-i 1111 m~~I-,i I It 1 I ~ [AS' CM1!LAHD ""'" ~ ~'. ~ A>! , ,,- i -I 'II' I.~ , . I " ," ',. " .' j I! I 1'1 : I I, : i ! Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007 4. Elevations ~. . ~~_.. 1 "~.~~ ~-_.-, . --- ---..--. .----.-.-.............. - ..........- ....._........_..._..._._.....~.~:". -,~+-----:::::---" ..... ...." ! Exhibit A z o ~ <( > UJ ....I UJ j!: 0::: o iZ SJ::):ii.lII-l~~.'l! ...-G.rti"" ~u~ 0.:. ~: :~'1 ,;j ",' <<' '7l1 o. ~: u ::i J ~ "::.,(" .~ !..'J _',.~ .Lld088S,A3)lJIO . .",. . '~:Jr..~., ::':',;.~ I, ;"w'/;;'.' z o ~ Gj. ....I: WI 1-' V)I <(I WI 'II. ;l~j : :!i "; z o ~ <:C >: w, ....I: UJ; tn: UJ' s ~. [: z CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 B. Conditions of Approval 1. PLANNING DEPARTMENTS 1.1 The Site Plan, labeled Sheet CULl, prepared by BRS Architects, dated 9/21/06, is approved subject to the conditions listed herein. To ensure that the conditions of approval for CUP-06-039 are complied with, the applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) pennit from the Planning Department prior to commencement ofthe drivewthrough use. 1.2 A revised site plan shall be submitted with the Certificate of Zoning Compliance application for the subject drive-through use. l.3 Install a south-facing "Do Not Enter" sign in the south end of the planter island on the west side of the drive-through lane. 1.4 The Landscape Plan, labeled Sheet Ll.O, prepared by Sterling Landscape Company, dated 8/12/05, is approved with the following condition: a. Revise the landscape plan according to the Police Department's comments below in Section 4.1. Submit 3 copies of the revised site plan with the CZC application. 1.5 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. l.6 An 8-foot wide pedestrian walkway shall be installed from E. Overland Road to the site that complies with the Design Review standards listed in UDC 11-3A-19C4 (see section 10 of this report for more detail). 1.7 The subject drive-through design is approved as proposed, as it complies with the standards set forth in UDC 11-4-3.11. Submit a letter from the Transportation Authority (ACHD) indicating the site plan is in compliance with the authority's standards and policies. 1.8 The applicant shall comply with the outdoor lighting standards shown in UDC 1l-3A-l1. 1.9 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.10 Except for the "Do Not Enter" sign mentioned in Condition 1.3 above, no signs are approved with this CUP application. All business signs require a separate sign pennit in compliance with the sign ordinance (UDC ll-3D). l.ll Staff's failure to cite specific ordinance provisions or terms of approval for Bonito Subdivision does not relieve the applicant of responsibility for compliance. The applicant shall comply with all prior conditions of approval for this site. 1.12 The applicant shall have a maximum of 18 months to commence the proposed use as pennitted in accord with the conditions of approval listed above. 2. PUBLIC WORKS DEPARTMENT 2.1 Civil plans for this building have already been reviewed and approved by the Public Works Department. As such Public Works as no comments on this application. Exhibit B CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 3. FIRE DEPARTMENT 3.1 Provide signage for the business within the landscape buffer adjacent to S. Bonito Way. 3.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.3 Maintain a separation of 5' from the building to the dwnpster enclosure. 3.4 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection( s ). 3.5 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.6 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.7 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 The proposed one-way drive-through along the north side of the building shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICES 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1.1 No Review. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 Plans must be submitted for a plan review for any food and beverage establishment. 8.2 No objection to the drive-through. Exhibit B CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007 C. Required Findings from Unified Development Code 1. Conditional Use Pennit 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 existing building and proposed drive-through facilities on this site can accommodate and meet all dimensional and development regulations of this district. Staff fmds 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 should rely on Staffs analysis, and any oral or written public testimony provided when detennining 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 fmds that the Comprehensive Plan designation for this property is "Mixed Use Regional." The proposed use is generally harmonious with the requirements of the Comprehensive Plan and UDC (see Section 8 above for more information regarding the requirements for this use.) 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 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. The Commission should rely on Staff s analysis, and any oral or written public testimony provided when detennining if this site will be compatible with other uses in the general vicinity. 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 fmds that if the applicant complies with the conditions outlined in this report, the proposed uses will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to detennine if the development will adversely affect the other property in the vicinity. 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 fmds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation, and ACHD. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 Based on comments from other agencies and departments, Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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 of the community. If approved, the applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 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 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 envirorunental 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