HomeMy WebLinkAboutDickey's BBQ Pit Drive-through CUP-06-039
RECEIVED
JAN 1 1 2007 / , ,
City Of Meridian ~
CITY OF MERIDIAN City Clerk ~;;di::,;"J; '\
FINDINGS OF FACT, CONCLUSIONS OF \ 1I),\HO j~
~~ '"
LAW AND ~.,
DECISION & ORDER ~'" ,r~~L ' .,mli
In the Matter of a Conditional Use Permit request for a drive-through establishment within
300 feet of an existing residence for Dickey's BBQ Pit, by Cooper Industries.
Case No(s). CUP-06-039
For the Planning & Zoning Commission Hearing Date of: January 4,2007 (Findings
approved on January 18, 2007)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 4,2007
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of January 4,2007
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January
4, 2007 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of January 4,2007 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-039
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Site Plan, Landscape Plan, Elevations, and the
Conditions of Approval, all in the attached Staff Report for the hearing date of January 4,
2007, incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code g II-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated
September 21, 2006 is hereby conditionally approved;
2. No modifications to the site specific conditions were made at the Planning & Zoning
Commission hearing; and
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of January 4, 2007, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-039
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.l, the Director may authorize a single extension ofthe
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of January 4,2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). CUP-06-039
~
By action of the Planning & Zoning Commission at its regular meeting held on the JaJ1U~L(
day of I g +h ,2007. J
COMMISSIONER STEVE SIDDOW A Y
VOTED~
VOTED~<--
VOTED~
VOTED~1-
VOTED~
COMMISSIONER MICHAEL ROHM
(Chair)
COMMISSIONER DAVID MOE
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER KEITH BORUP
/
CHAIRMAN MICHA L ROHM
\" \ \ II "'" II '
\ \ \ \ III J
Attest'\\\..j of MfFlJ'lJ.///'
.....,....' .,' ~-~ '.."'/....-
/U~~~~~
.~ R ~o S
Tara Green, Deputy City;]er ;,;, I I
c: >:- (r::> ! .:::
c: ':tv ,,;;) l .:::
.. ~\'{I r ~ '..,
:-" "YO fir- 151: ' ,/ ~t.' ..'?
Copy served upon APplicant:'1%~~ ~~ent, Public Works Department and City
1/lltfl'/f!1 T!H\l\'-\"
Attorney.
(J' .C '.lft
By: U ~'L (01 rv'1QY1, L, T~
City Clerk
Dated: OI-l2~D(
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). CUP-06-039
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 Permit for a drive-through establishment within 300 feet of
an existing residence, by Cooper Industries.
",-0 /'<~o, .,jd,
I...../VltJridt:n'+- '\
\ JOAMO Ji
.;;.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Cooper Industries, has applied for Conditional Use Permit 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 permitted uses within the C-G zone. However, the Unified
Development Code (UDC) requires all drive-through establishments to obtain Conditional Use Permit
(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. The Meridian
Plannine and Zoning: Commission heard this item on January 4. 2007. At the public hearing:. thev
moved to approve CUP-06-039.
!!: Summarv of Commission Public Hearin2:
i. In favor: Eric Anderson. BRS Architects (Applicant's reoresentative)
11. In opposition: None
iii. Commenting: None
IV. Written testimony: None
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. None
!:: Key Council Chang:es to Commission Recommendation:
ii. None
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 findings document to he considered at the next Planning and Zoning
Commission hearing on January 18,2007.
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
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 permit 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 Plalll1ing 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.)
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.: Rl0227602l0
b. Owner:
Kimball Properties
P.O. Box 8204
Boise, ill 83707
c. Applicant
Lonnie Harrison, Cooper Industries
1225 E. Crosby, Ste. A-I
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 Permit
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 ll-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 22od, 2006
d. Applicant posted notice on site by: December 19th, 2006
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
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
4. East: Commercial property (Bonito Subdivision), zoned C-G
d. History of Previous Actions: The subject property was annexed (AZ-OI-018) and platted (PP-
01-020, FP-03-010) 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-05-113).
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.
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
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 defined 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 finds 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 VIT, 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 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 11-3B. A landscape plan was previously approved by the Planning Department with the
Certificate of Zoning Compliance (CZC-05-113) 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.joot 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 opporhmities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
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
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 arteria1. . .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 11-2B-2 lists a drive-through facility as an
Accessory/Conditional use in the C-G zone, with Specific Use Standards for Drive-through
Establishments. The Specific Use Standards listed in UDC 11-4-3.11 for Drive.through
Establishments require Conditional Use Permit (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. I , dated
September 21, 2006, and the landscaping proposed on the landscape plan labeled Sheet Ll.O,
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
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
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.UC.
Certificate of Zoning Compliance (CZC): 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 (ODC 11-5B-IA). 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 11-3A-19B5. 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 falilade 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.
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
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. The Meridian Plannin!! and ZoniD!! Commission heard
this item on January 4.2007. At the public hearin!!. they moved to approve CUP-06-039.
11. EXHffiITS
A. Drawings
1. Vicinity Map
2. Site Plan, prepared by BRS Architects, labeled Sheet CU!.!, dated 9/21/06
3. Landscape Plan, prepared by Sterling Landscape Company, labeled Sheet Ll.O, dated
8/12/05
4. Elevations, prepared by BRS Architects, labeled Sheet CUl.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
1. Vicinity Map
I -~"1i I '-' r::'1 I ~n -/ " , i,. '"'
\ ~1~!8Ii~ r~Lrr'" ~~.!,L_~
\ ~/ · Il"-':---3mrr'-l '-),~r---:- , , " I'TNI6<lll~O'" ;- "I' i'
" r:-- ---+-~ bJ~r I I l-Jj"'f--j'--'J
'\ I ,/ 'r~=':'~~ ~ [-"" i~F~t___~/;
~, \ ill II \ ' <;~.., ll;- 1:1
"\\ hI"'!//~ k,}-" ~~~~_ il,FtJ-A,~ mC
, I . , a: ,'- , '\ \ ""'I " , ,
, 'I,'. .if, 'LlJ t ",' I \' \. ~ ',\ I J - ~
' 'I, _ '" ,,\ ' ~ ' \
"", L,." \ j//" ,~, \ ",' I ,I ..:\r~~,M.:>(" ~
~--~~~z-=j ~:r: 1~~l. lE~ ~
31DV3 I "'i !' . -Il /'''0
! I 'I,' ! ,~ ",
-~,p I V : l 1'" I
-I ~i "/?/ I /~! t;-u ~(j(( UJ"
"''' I'i" I_"I '~i'>- , ,
I ~- -----J III ~1\ \1 --,-., / I r---. -::..: - :r/.~~\\"'"
'-\\' " ... ~/--......--- ' ,_! I_L~ -1F1" 'Ll)"
- I ) 1,,_,- .- L__j' ( i ~,~, >~ I ,It '
j~.J!S-"~I~=;;r;:=~\-~:::!:::~-< .11,1,-' I "..L'" oq-',
"-~TI \H ~:"'~"'., //1 I I, I
:" "',,~'::;;:~ Ir-Jt
\~, -~. Ic,~IL CX)
I - -- - '\"')- -- -- ---.~ _J. "'_1 rl~lt f'L
~- - '; I _~ ~~.cl.L~tfi . -_~~ 1111::~I't --
L__,f!l"----jn--- -fn" I,-~, I ~~'II,IE~",-O
f--- .. + _ 1 _./ 1-_.. ~ -: JH1t- ,.,...
- -, I~ ~~I~I~ - . ~=--'H~ CO
II L-J!) , I - ~ - : ,n---~-:_~ll~ \~~0
I,~ I -I--! I I --lJ!+rl---r--:'" -' '<~ ,~
'\J~l U~Ih--! -~~~c,:c~ f
II -H. W~'l"- 'C" "'~, Ii: x .~:\ ·
\.,. ..l--"II .~" 11:I....), U
I] ;' ~III ! ! .' ..~"~!; -,..,:.'$.\ ._
I' . ...+-.L-., i J ,. .;<; '. Q
t""" I :,....21, i I l.J l' .'
I G~'<.", ).::1 ..
I1II 11\.~~~~::::t ii'.;-'c~~.~--"',.~,..
:1'. . ~"
LIU"~..'" . !~. "'1' . J
~L"Mr~""'~ .~
I !' ~ '. ~ ~
1.--. f.-u-------.: ~C ~-rrt2L __'
, I il .. ""1J-.l-',;.o- --
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
2. Site Plan
01 ~ -fti:ll.a.lH;Ooont
. ... . ..ne.
~.- .~...ID..
...-
-"..".
lief bS~fsJd5t3ra
""'-
o..~ ON'11:13AO
----=-=.~-;.::::::::::~~~~=~~--====-~-:--==-==- -'.--::;:::;.~
,~ .~ ".... ---". ~ "" ,."
Ii i
'I~'
It ",
g; ,
~. ,
__ .1,
,
I
.-J!r,....lII"
I
I
I
$.-.
I
!
I
"
o ~. ~l\~------~-
-----_...~, ---
. ~ ..~ I
-- ,
\ -.1
\ '
\ \
I
i
108 PARKING.
Exhibit A
-'
I' I ;"..;
. ::l
1 II ; I
I
>-
~
:2
~
ai
~.
~,
.....
~
~~
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
3. Landscape Plan
uR mo~ ~'8:>sP1IrJ
D l\Ir 1 HtI , 'ON ONIo"Una m'~ffi:l
I I ; I ,t I ," . 1111 I,"
, , ' I' .!t ~!m II I. Ii 1:!lli'II~1
i ,II! 1,lil r, II' I UI'lli~1
III d~ ~11.ii fri!Llht" tlif U I!if~f!
: It ',I! IU!.! ~II! if if ,I JUIIU "1'
~ ~..~. !~Inl~ ~I !11~1 f1lli~~1
; ft~aujlll' 1m I t!i~'IIH II~ ! II l f Ii I
. !~ t. 'U ~UI' ,/,~ ~!,
: . . .' ...' 'Ii ~,_c_ ..~ -...( - Ub - -ft- .
I ~ _ '. " . .
p . . ..
, ...
I . , ";,. r
!" -,-'" -,.' " 'I .....-- - , " -
mlj~fi 1-' idll ~ f:~'-J - - f Ill. t ,
'EA,'!". O~l,,"O "R'CW1,
n
II,
r
1,,(' ,
I"
I:"" ,
~ !
~~. :
<' 1 ,
"tl I r~ ~.
U'". .
1'-
I
I
"-"I
,
: !
, .
I~ :'
J
"
'.
<,;:;:"1
/ /'
Ii
; !
i j
I
Ii
ii
I !
\
".
.'
r
r
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
4. Elevations
~~- Pr~- -~
' ,,_ ._n ___.........._ ----+~
.----t---...n...., ....... .-.,.
'., I ","" -------- -",';:
I
Exhibit A
';.lJ3..LIH::J.,~";f
.I':t- Of"
... -,
~.J-~
z
o
~
-1
W
I
l-
e::::
o
z
It.:
~r
~':
',,,,.u ..''':':.'41.;
~i
91
~I
;C,
~f)
<,
""
:;.... ~= .",',~I.';.
..Lld098S,A3)OIO
",. .. '"I~.:.; I':: ~ '-.:::.~"-""
z:
o
~-
<:(:
>:
w:
-1:
Wi
1-:
V)
i1ii
'I' ,
Jili:
~:~
z
o
~
<(
>
W
-1
LLJ
tn
w
s
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 of the drive-through use.
1.2 A revised site plan shall be submitted with the Certificate of Zoning Compliance application for
the subject drive-through use.
1.3 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.
1.6 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 lI-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 II-3D).
1.11 Staffs 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 DEPARTMENT 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 of75,000 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 dumpster 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 DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
C. Required Findings from Unified Development Code
1. Conditional Use Permit Findings:
The Commission shall base its determination on the Conditional Use Permit reqnest 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. The Commission finds that the subject
property is large enough to accommodate the required yards (setbacks), parking, landscaping and
other features required by the ordinance. The Commission should rely on Staff's analysis, and any
oral or written public testimony provided when determining if this site is large enough to
accommodate the proposed use.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission finds that the 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.
The Commission finds that if the applicant complies with the conditions outlined in this report, the
general design, construction, operation, and maintenance of a restaurant with a drive-through
should be compatible with other uses in the general neighborhood and with the existing and
intended character of the area. 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.
The Commission finds that if the applicant complies with the conditions outlined in this report, the
proposed uses will not adversely affect other property in the area. The Commission should rely
upon any public testimony provided to 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.
The Commission 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, 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 [mds 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. The
Commission [mds 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.
The Commission recognizes that traffic and noise will increase with the approval of a restaurant
with a drive~through use in this location; however, the Commission does not believe that the
amount generated will be detrimental to the general welfare of the public. The Commission does
not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The
Commission finds that the proposed uses will not be detrimental to people, property or the general
welfare of the area.
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.
The Commission fmds that there should not be any health, safety or environmental problems
associated with this use. The Commission fmds 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