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HomeMy WebLinkAboutCarls Jr CUP P&Z Packet October 13, 2003 MERIDIAN PLANNING & ZONING MEETING APPLICANT Clayton Jones CUP 03-042 October 16, 2003 ITEM NO. 12 REQUEST Public Hearing - Request for a Conditional Use Permit for a new Carl's Jr. restaurant with drive-thru service window - north of Intersection of South Meridian Road, East Central Drive and South Main Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See attached Staff Comments See allached Comments 0);J () Q ( ot< (00 'V (~r ~ U (j'\ .\6 See attached Comments See attached Comments See attached Comments See attached Comments Contacted: Emailed: Materials presented at public meetings shall become property of the Ci [l,f:\YO Robert D. A Good Place to LEG AI. (208) 466- . hlX 288- crJ"\' COUNCIL Keith Ta 111111 I' CheriL' CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . ]I AX (208) 887- City Clerk () ftice Fax (208) 888- PUBLIC BUILDING (208) 887-2211 ' Fax 887- PL\NNING .t\ND DEPARTtvlEN (208) 884-5533 . Ii :\X 888- MEMORANDUM: P&Z HearingDate(Renoticed): October 16, 2003 Transmittal Date: October 9, 2003 To: Mayor, City Council and Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engineer ~ Steve Siddoway, Planner II #~ OCT 0 9 2003 Re: City OfMe:ddian Carl's Jr. (Version III) City Clerk Office Request for Conditional Use Permit and Planned Development for the Construction of a 2645 square foot drive-through fast food restaurant (Carl's J1'.) in a C-G zone, by Clayton Jones (File No.CUP-03-042). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Clayton Jones, has requested approval of a Conditional Use Permit and Planned Development for the construction of a new Carl Jr' s drive-through restaurant at the corner of Main St and Meridian Road. The proposed restaurant would replace the existing building that used to house the Kentucky Fried Chicken, located between the existing Taco Bell and the new A&W/KFC restaurants. When the new A& W IKFC restaurant received approval for their conditional use permit, one of the conditions of approval was to abandon the drive-through use of the existing KFC building (File No. CUP-01-021, FFICL 12.2, pg 5.) The proposed application is for the construction of a new building and a new drive-tlu'ough that is in a different location than the previous drive-through. The Planning and Zoning Commission and City Council should determine whether the proposed site plan meets the intent of the condition of approval for CUP-O 1-021. The applicant is required to apply for a Planned Development because the proposed KFC building will be the second structure on the subject parcel. The MCC requires a Planned Development to provide two amenities as a part of a Planned Development. The proposed amenities include a 'Welcome to Meridian' monument sign and a lighted three flag display with a " memorial" bench. Two prior applications for Carl's Jr. (CUP-02-026 and CUP-03-017) preceded the current proposal. Reasons for denial on the first version included traffic congestion and inadequate employee parking. Reasons for denial on the second version included the configuration of the CUI'.03-042 Clrl', .If 3.CUI' Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: October 2, 2003 Page 2 drive-thru, which required customers to walk across the drive-thru to access the entrance. The applicant has attempted to address these concerns by constructing a small building that allows for more on-site parking, changing the drive-thru location so that pedestrians are not forced to cross it, shifting the exit of the drive-thru further from the curb cut on Main Street, and providing more stacking depth (seven cars) than the prior two plans. The building size of the old KFC to be demolished is 3,638.5 sq. ft. The proposed building from version 1 was 3901 sq. ft. (larger than the existing structure). The proposed building from version 2 was 2,124 sq. ft. The proposed building in the subject application is 2,645 sq. ft. For comparison, the new KFCI A&W building is 2,625.8 sq. ft. The applicant has provided a revised site plan with the most recent revision date as 91] 6/03. This staff report is based on said revised site plan. If the Commission and Council find that the proposed modifications are sufficient to address the traffic congestion issues, staff recommends approval of the project. LOCATION & SURROUNDING USES The subject property is located near the northern corner of the intersection of Meridian Road, Main Street and Central Drive. The following uses surround the subject property: North - A Taco Bell restaurant, zoned C-G. SOLI th -A& W IKFC restaurant, zoned C-G. East - Central Valley Corporate Center, zoned C-G. West - Redlin Photography Studio and Republic Storage, zoned C-G. ST ANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in tern1S of the following and may approve a conditional use permit and planned development if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; Staff finds that the site may be large enough to accommodate the proposed use and amenities required by the zoning ordinance if alternative compliance is granted for the width of the landscaped street buffers. Please refer to the section titled 'street buffers' on page 6 for details on the street buffer issue._ The MCC (12-13-5) requires 1 parking space for each 200 square feet of restaurant floor area. The existing building used by KFC I A&W is 2,625 sq. ft., the proposed Carl's Junior is 2,645 sq. ft. in size. Based on the square footage ofthe two CUP-03-042 Carl's.lr 3.CUP Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: October 2, 2003 Page 3 buildings, 26 spaces are required. The applicant's site plan contains 52 spaces, double the amount required. Staff finds that the site is large enough for the proposed building and required parking. The Commission and Council should consider the appropriateness of the requested street buffer width reduction. Congestion has always been a primary issue for the project each time it has come through. The Commission and Council should consider whether the site is large enough to accommodate two drive-thru windows when making this finding. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordin ance; The Comprehensive Plan Land Use Map) designates the property as "Commercial". The purpose of the Commercial designation is to "provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices." Staff finds the proposed restaurant use to be harmonious with the Comprehensive Plan. Staff finds further that the proposed use is in compliance with the Meridian City Code Schedule of Use Control, which designates drive-thru facilities as a conditional use in the C-G zone. A planned development is required to accommodate two principal structures on the same lot. 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 the proposed use should be compatible with the other commercial and restaurant uses found in the general vicinity, including KFC/A&W, Taco Bell, and Bolo's. Prior versions of the project could not meet this finding due to congestion issues. The proposed site plan modifications, including the revised drive-thru location and stacking depth will help address some congestion issues. The Council and Commission should consider public testimony when determining if the proposed use will adversely change the essential character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other- property in the vicinity; Staff finds that the proposed uses should not have an adverse affect on the other property in the vicinity given that the proposed stacking depth is now long enough (seven cars) to avoid blocking the drive aisle to KFC/A&W (one prior version had stacking for only two cars), pedestrians no longer have to cross the drive-thru to get to the front door, and the exit from the drive-thru has shifted west, farther from the curb cut on Main Street. CUP-03-042 Carl's Jr 3.CUP Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: October 2, 2003 Page 4 The Council and Commission should also rely upon public testimony to determine if the development will adversely affect properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any sllch services; The project has access to both Meridian Road and Main Street. The Commission ancl Council will need to reference any written or verbal testimony submitted by the Meridian Police and Fire Departments regarding their ability to adequately service this project. ACHD approved the proposed project on August 6,2003. Water and sanitary sewer service to the project is readily available to the site. Sewer will be accessed from Meridian Road; water will be accessed internally from the site. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. 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, 01' general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed Carl's k was denied previously due to traffic and congestion concerns. Staff acknowledges that the applicant has attempted to address the congestion issue with a revised drive-thm access, increased stacking depth, and a shifted exit location. The Commission and Council must detennine ifthese modifications are adequate to resolve to congestion issues on the site. Staff also finds that the proposed use will create additional traffic on adjacent arterial roads. The ACHD repOlt estimates that the proposed development will generate 1786 additional vehicle trips per day. Staff does not ffilticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on sUlTounding public streets; CUI'-OJ-042 Carl's Jr J,CUI' Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: October 2, 2003 Page 5 Staff finds that the ACHD has approved the proposed project with conditions; if the conditions are met, interference on surrounding streets should be minimized. I. 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 has not identified any natural or scenic features on the site, SPECIAL CONSIDERATIONS ], Amenities: The applicant has provided the following amenities as part of the planned development: (1) a 'Welcome to Meridian' monument sign at the juncture of Main Street and Meridian Road-elevation provided-and (2) a three-nag set near the entrance with a 'memorial bench'. The Commission and Council should review these proposed amenities and determine ifthey are "appropriate to the size and uses of the proposed development" per Ordinance 12-6-2.3. Staff notes that the Meridian Development Corporation (MDC) has recently organized a subcommittee to investigate gateway landscaping and signage issues. Neither the MDC nor the City has adopted a specific location or design standards for the entryway signage, The Commission and Council should consider whether or not it is a significant issue that the MDC and/or City may do additional signage in the future that may not match the proposed sign. For that reason, staff had considered requesting a fee equal to the value of the sign, in lieu of constructing the sign, to make the funds available to the City for use wherever is deemed most appropriate in the future. However, after consulting with the City attorney and acknowledging that the intent of the planned development ordinance is to get amenities on- site, staff recommends the following compromise: I-lave the applicant dedicate an easement at the south end of the property for a gateway sign. The location and size of the easement should work for a sign alignment on Main Street or Meridian Road. The applicant should be required to deposit a fee equal to the constructed value of the proposed sign as a cash bond to the City of Meridian. The City will then have until September 30,2004 to use the cash bond for the gateway sign oftheir choice on the site. If the City is unable to finalize a design for an "official" gateway sign by that time, the funds will be returned to the applicant and he will be required to install the sign as proposed in this application within two months, by November 30, 2004. The applicant should describe the proposed materials, colors, and any lighting for the proposed sign at the public hearing. The final related issue is to decide whether to use the "Established 1893" date as proposed, or the "Incorporated 1903" date that we are celebrating CUI'-03-042 Carl's Jr 3,CUI' Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: October 2, 2003 Page 6 this year. Staff feels that the incorporation date is the more significant date for inclusion on the sign. Regarding the proposed 3-flag set with memorial bench, the applicant should present additional information at the bearing about the proposed amenity and what it is memorializing. 2. Prior Reasons for Denial: Here is a brief summary onhe prior reasons for denial and staffs analysis about how the applicant has attempted to address them with this submittal: a. Inadequate employee parldng: The existing building used by KFC I A& W is 2,625 sq. ft., the proposed Carl's Junior is 2,645 sq. ft. in size. Based on the square footage of the two buildings, 26 spaces are required. The applicant's site plan contains 52 spaces, double the amount required. b. Drive-thru configuration: The first version of the drive-thru had stacking area for only two cars before they would interfere with the drive aisle and potentially hinder cars from accessing the KFC/A&W building. The second version had more stacking (5 cars) but was configured so that all customers were required to walk across the drive-thru to access the entrance. The applicant has attempted to address these concerns by redesigning the drive-thru location so that pedestrians are not forced to cross it and by providing more stacking depth (7 cars) than the prior two plans. c. Congestion: Incompatibility with surrounding uses due to traffic congestion was cited as one of the primary reasons for denial for both prior applications. The applicant has attempted to address this issue by adding stacking space to prevent vehicles from blocking adjacent drive aisles; they have also shifted the exit from the drive-thru to be further from the curb cut on Main Street, and also further from other adjacent drive aisles on site. The Commission and Council should determine if these modifications are sufficient to address the traffic congestion issue. 3. Street Buffers: The Comprehensive Plan designates both Meridian Road and Main Street as Entryway Corridors for the City. Ordinance 12-13-10-4 requires a 35-foot buffer along all Entryway Corridors. The applicant is requesting "Alternative Compliance" to the street bu ffer requirement under Ordinance 12-13-18, which allows properties to propose modifications for sites that involve "space limitations or an unusually shaped lot." The proposed alternative must still meet the intent of the ordinance. The proposed buffers for the Carl's Jf. project are 10 feet along Meridian Road and 8 feet CUl'-03-042 Carl's Jr 3.CUP Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: October 2, 2003 Page 7 along Main Street. For comparison, the site plan approved for the adjacent KFC project included street buffers as narrow as 7 feet. All street buffers are measured from the property line in; there is additional landscaping in the right-of-way that between the property line and the side walk that makes the buffer appear larger. Since the reduction was approved for KFC, staff supports the similar request by Carl's Jr. The Commission and Council should also consider whether the proposed Alternative Compliance is a reasonable request in harmony with the intent of the Landscape Ordinance. SITE SPECIFIC REQUIREMENTS I . Parking: All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 2. Amenities: Provide two amenities in accordance with Section 12-6-2 of the MCC. The first required amenity is a "gateway" sign. The applicant shall record an easement to allow the City to use the property for a gateway sign. The applicant shall submit a bid for the construction and installation of the proposed sign and a cash bond for the same amount to the City of Meridian. The City will then have until September 30,2004 to use the cash bond for the gateway sign of their choice on the site. lfthe City is unable to finalize a design for an "official" gateway sign by that time, the funds will be returned to the applicant and the applicant will be required to install the sign as proposed in this application within two months, by November 30,2004. A copy of the recorded easement and the cash bond shall be submitted to the Planning & Zoning Dept. prior to issuance of a Certificate of Zoning Compliance (CZC). The second required amenity is aJhree-flag set with a 'memorial' bench as depicted on the site plan. The flags and bench shall be constructed prior to occupancy of the building. 3. Signs: Applicant must apply for a planned sign program for the proposed sign. All signage shall be in accordance with the standards set fOl1h in Section 11-14 of the City Zoning and Development Ordinance. 4. Landscaping: The landscape plan is approved as submitted. All landscaping shall comply with the approved plan, unless modifications are first approved in writing by the Planning & Zoning Department. 5. Lighting: All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 6. Accessibility: All construction and site improvements shall conform to the requirements of CLiP-OJ-042 Carl's .Ir J.cuP Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: October 2, 2003 Page 8 the Americans with Disabilities Act. 7. Stormwater: A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8, Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid walloI' sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: 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. Any temporary occupancy will not exceed 60 days to complete the required improvements. 10. Utilities: Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing existing and proposed utility mains and service connection. 11. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. RECOMMENDATION Staff acknowledges that the applicant has sufficiently addressed the parking, stacking depth, and drive-thru v s. pedestrian layout issues. If t he Commission and Council find that the proposed modifications sufficiently address the traffic congestion issue, staff recommends approval of the project. CUI'-OJ-042 Carl's.lr 3.CUP .-r~-!llo:" ~~.~-'~1"'i5'i~~ Ada County Highway District Sherry R. Huber, President Susan S. Eastlake 1st Vice President Dave Bivens, 2nd Vice President John S. Franden, Commissioner David E. Wynkoop, Commissioner 318 East 37th Street Garden City ID 83714-6499 Phone (208)387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us August 21,2003 TO: Clayton Jones 3413 N. Cole Road, Suite 128 Meridian, Idaho 83642 R" ~ T~\', 71"7'. g "t'l1 H , ~'i! .Ji..\2..i~= .JL '""'~ AUG 2 2 2003 SUBJECT: MCUP03-042 Carl's Jr. restaurant 655 East 1st Street, Meridian Road City Of Ivleridian. City Clerk Office On June 27,2001, July 18, 2001 and August 1,2001 the Ada County Highway District Commissioners acted on MCUP01-021/Modified. The conditions and requirements also apply to MCUP03-042. If you have any questions, please feel free to contact this office at (208) 387-6170. Sincerely, ~tL tt~vdnv De~l~pment Analyst Right-of-way & Development Services Planning Division Cc: Planning & Development/Project File Planning & Development Services: City of Meridian Construction Services DrainagefUti1ities G & H Enterprises II P.O. Box 190008 Meridian, Idaho 83642 BRS Billy Ray Strite 1010 S. Allante Place, Suite 100 Boise, Idaho 83706 a o o M II ~~ 'Ja. gJ<e -':aE ~. <(~ u- z - ,U :> o::.l ~f" +-' l1) l1) u..- o o to - o o C'\.1 - r--------. , I , o ,0. m o o CD o o M o , o O' JUL-21-2003 09:11 , "11llf1 I ""t d O!<VOI ]\\)1~1\t.].7 U"1j....f.1'!i~G J(j ~. ~ ~r ta"i 1iWf. NO >>1 ~,f~lQ1Q-!lIl: ? r~~'3)f~ ~ :-l:f'ij"<ie~~ i I! ..0 J P.04/04 Ii JJJil~ d :; I' ifl~ ! :~u~ N'nd 3JJS .... ~ ~ ~ ~ ~ .:l ~ ~ j! 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This development is estimated to generate 1,786 additional vehicle trips per day (1.488 existing) based on the Institute of Transportation Engineers Trip Generation Manual. Roads impacted by this development: Meridian Road East 151 Street ACHD Commission Date - July 18, 2001-12:00 p.m. Facts and Findings: A. General Information Owner - G & H Enterprises IT Applicant -G & H Enterprises IT-Jonathan Gibbs-Partner C-G- Existing zoning 1.228- Acres 1- Proposed building lots 165- Traffic Analysis Zone (TAZ) West Ada- hnpact Fee Service Area Meridian- Impact Fee Assessment District Meridian Road MCUPOl~021.cmm Page 1 Minor arterial with bike lane designation Traffic count on Meridian Road north ofI-84 was 38,035 on 5-16-00 "F" - Existing Level of Service "F"-Existing plus project build-out Level of Service 370-feet of frontage 60-feet existing right-of-way (25-feet from centerline) 96-feet required right-of-way (48-feet from centerline) Meridian Road is improved with 2-traffic lanes, with 8-foot sidewalk adjacent to the site. East 1 st Street Minor arterial with bike lane designation Traffic count on East 1 st Street north of Central Drive was 22,037 on 6-2-99. Better than "C"-Existing Level of Service Better than "C"--Existing plus project build-out Level of Service 325- feet of frontage 85-feet existing right-of-way (60-feet from centerline) No additional right-of-way required East 1 st Street is improved with 5-traffic lanes, with no curb, gutter or sidewalk. B. On June 11,2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On June 15,2001, the staff met as the District's Technical Review Conunittee and reviewed the impacts ofthis proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and reconunended Site Specific Requirements. C. For the purposes of estimating daily trip generation and assessing impact fees for this project, the proposed use of this development has been classified as Fast Food Restaurant with drive-thru window. (Per the ITE Manual) The impact fee rate from the fee tables for this use is $6,108 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. Note: This rate is provided for informational purposes only and shall not be construed as an impact fee rate certification. The impact fee will be assessed at the time of plans acceptance by District staff, and shall be based on the fee tables and provisions of the District's Impact Fee Ordinance in effect at that time. D. The Meridian Road and East 1st Street intersection is currently in the ACHD Five-Year Work Program for reconstruction in the fiscal year 2002. E. The applicant should be required to construct a 5-foot wide concrete sidewalk on Meridian Road and East 1 s( Street located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of- way, the applicant should provide an easement for the sidewalk. MCUPOI-021.cmm Page 2 F. The applicant is proposing to utilize an existing shared driveway on Meridian Road at the north property line. This driveway is located approximately 330-feet north of East I st Street. This . driveway meets District policy and should be approved with this application. G. The applicant is proposing to close the existing driveway on Meridian Road located approximately 160-feet north of East 1 st Street. The applicant is proposing to construct a new driveway on Meridian Road approximately 190-feet north of East 1st Street. District policy requires driveways to offset controlled intersection a minimum of 440-feet for a full access driveway and 220-feet for a right-in/right-out driveway. This driveway does not meet District policy and should not be approved with this application. I H. The applicant is proposing to utilize an existing shared driveway on East 1 st Street located on the north property line approximately 300-feet north of Meridian Road. Because this driveway serves several parcels, it should be approved with this application. 1. The applicant should replace unused curb cuts on Meridian Road and East 1 st Street with standard curb, gutter and/or concrete sidewalk to match existing improvements. J. The applicant should replace any damaged curb, gutter and/or sidewalk on Meridian Road and East 1 st Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. K. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, the applicant should be required to pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road and East 1st Street and install pavement tapers with 15-foot radii abutting the existing roadway edge. L. The applicant should provide a recorded cross access e~sement among the parcels to the north for access to the public streets. M.Uti1ity street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. N. Any existing irrigation facilities should be relocated outside ofthe right-of-way. O. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. P. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report and once the East 1 st Street and Meridian Road intersection has been reconstructed. The following requirements are provided as conditions for approval: MCUPO 1-021.cmm Page 3 Site Specific Requirements: 1. Dedicate 40-feet ofright-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance ofa building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. The right-of-way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 2. '. Road Trust for a 5-foot wide detached concrete sidewalk on Meridian Road and East 1st Street located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. lfthe sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk:. 3. The existing shared driveway on Meridian Road located approximately 330-feet north of East 1 st Street is approved with this application. 4. Close the existing driveway on Meridian Road located approximately 160-feet north of East 1 st Street, as proposed. The applicant is proposing to relocate the driveway on Meridian Road approximately 190-fe.et north of East I sf Street. District policy requires driveways to offset controlled intersection a minimum of 440-feet for a full access driveway and 220-feet for a right-in/right-out driveway. Because the proposed driveway does not meet District policy, it is NOT approved with this application. 5. The existing shared driveway on East I st Street located at the north property line approximately 300-feet north of Meridian Road is approved with this application. 6. Replace unused curb cuts on Meridian Road and East 1 st Street with standard curb, gutter and/or concrete sidewalk to match existing improvements. 7. Replace any damaged curb, gutter and/or sidewalk on Meridian Road and East 1 st Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 8. Pave the driveways their full width of and at least 30-feet into the site beyond the edge of pavement of Meridian Road and East 1 st Street and install pavement tapers with 15-foot radii abutting the existing roadway edge. 9. Provide a recorded cross access easement among the parcels to the north for access to the public streets. MCUPOl.021.cmm Page 4 10. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 11. Any existing irrigation facilities should be relocated outside of the right-of-way. 12. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 13. IDther than the access points specifically approved with this application, direct lot or parcel access to Meridian Road and East 1 sl Street is prohibited. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement'would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day. scheduled for Commission action do not provide sufficient time for District staffto remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for recopsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of$110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. lfthe Commission agrees to reconsider the action, the applicant will be notified ofthe date and time ofthe Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road hnpact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. MCUPOI-021.cmm Page 5 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District ofits intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action: Planning and Development Staff June 27. 2001 /August 1. 2001 MCUPOI-021.cmrn Page 6 ~& 1~ Vueua 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-463.0092 18 August, 2003 phones: Area Code 208 William Berg City of Meridian 33 East Idaho Ave. Meridian, JD 83642 OFFICE: Nampa 466.7861 SHOP: Nampa 466-0663 RE: CUP 03-042J CarlJs Jr. Restaurant Jil T-v-l' JLJ ~,' Ef) -,",-" AUG 2 1 2003 Dear Will: ~!ty Of Meridian 'GrLy Clerk Office There appears to be a Retention Pond for storm drainage. As long as all storm drainage is retained onsite Nampa & Meridian Irrigation District requires no further review. However, if the storm drainage leaves the site Nampa & Meridian Irrigation District will require that a Land Use Change Application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Thank you, ;JdPJpr~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Water Superintendent BRS Architects Rider 4 File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~& C: .11 >1, 1~- 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 18 August 2003 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 BRS Architects 1010 S. Aflante Place, Suite 100 Boise, 10 83706 E -EIVEn ,.& ..,~"""'-+.;."F AUG 2 1 2003 RE: Land Use Change Application - Carl's Jr. Restaurant f"" ~, To Whom It May Concern: C~[y Of Meridieu, ,Ity Clerk Offic~' Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, IJHU<L 7t. /r)~ Donna N. Moore, Asst. SecretaryfTreasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Clayton Jones for Carl's Jr., 3413 N. Cole Road, Suite 128, Boise, 10 83704-4406 Rider #4 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40.000 _ __. - '~.Y' ... ,"",,",O-OOO-:Jl::l:>C TO:Meridian Clerk P:21/25 ,.: ",.1-' jR D .(lfrie t.:rry t.:OU \?I MEMBERS Tummy de Weerd Wilh:1m L M. NJlry Chelie McCandless K<:lllt BitiJ ,?:'~~.~~ .:: ~"::l;iI,~1.: l> cife;;di;:~; \ ~_ lUAHO ~ , ~ e.z(I~~'!J;;'s!-:.v.. ~Ih(l r(hoJ L.EGAL DUPARTMGNT (:lOS) Ali6.C)?n. PAX ILM-d.:lM I'ARKS & RE(,;REATION (201$ll:l~~-3j'1') . t'all g/)&-~~Ol l'IJULIt: wum~~ (2Uti) l:l<)Il.j~()U' I-a~ ~81'l.l'I! BUILDING DI3?A~TMc)\'T {20R> RR7.2211 . r~lC 8!;7-12CJ7 PL^NNINO $I 7.0NINIi (70:(,) 8M ~"11 . Pn R~il (,~~I TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City CIeri<, by: September 25,2003 Transmittal Date: August 11,2003 Hearing Date: October 2~ 2003 File No.: CUP 03-042 Request: Conditional Use Permit for a new Carl's Jr. restaurant with driv&"-thru s9lVice window By: Clayton Jones Location of Property or PrOject north of Intersection of South Meridian Rd., Ea6t Central Or. & South Main St. David Zaremba, P/Z (No VAR. VAC. FP) Jerry Centers, P/Z (No VAR. VAC, FP) Leslie Mathes, P/l (No VAR, VAC, FP) Michael Rohm. P/Z (No VAR. VAC. FP) Keith Borup. P/Z (No VAR. VAG, FP) Robert Corrie. Mayor Bill Nary I C/C Tammy deWeerd, c/e Keith Bird, C/C Cherie McCandless, cle =;z!:3ter Department Sewer Department Sanltal)l SelVlce (No VAR, VAC, FP) Building Department Fire Depanmcnt Police Department City Attomey Your Concise Remarks: City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post OffJce (FP/PP only) Ada County Hignway DIstrict Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power CO. (FPIPP only) U.s. West (I=P;PPonly) Intermountain Gas (FPIPPonly) Bureau of Reclamation (FPJPP only) Idaho Transportation Department (No FP) Ada County (Ann6lr8t!on only) Ada County Land Records (FPIPP only) Meridian Development Corporation Historical Preservation Commission -, ~-* -,r-V'l-" """...~-""\:'" '1f'"'"". ~ .1.:' .~~ t, i. ~.~ "t, >> ~ ~ N tfJ K!;' 'J- [:; ~ {i ~ !$ ~ - .-;, .It '\, Ll 'j jL':J JL 'if .J!.":;' SANITARY SERVICE COMPANY t}IUG 2 8 2003 B" ~, /_11... Db./ City OfI\~el'iilian II _.~ ~(I_-; Cit CleTl~ Office COMMENTS:..~{' CLt.A(,jiJ'-l!. LvfJ/J~ ~.t""I..{~ G;.4~ ~s,-;t IS AD~V.a?2:.. o-p.//)I.lJEVea.. .4.tC'uS' 13 AJrrr. .p4AAJ~.e.. l:it.-....Nl> =7 OA.J r..,e. S,re ~h"" K.4,<.J Ne.tJ'Js' -n:. is-i Cv-r 1"'0 ..(J2.ovID't-- 'J>t/.'v'L 01-1 A6/(.I'7"Iyf 33 EAST IDAHO AVENUE ~ MERIDIAN, IDARO 83642 ~ C208) 888-4433 CllY Clerk Office Pox (2010 8MB.4218 · Iluman Resource.s. F:I;< (208) 8M.X721 I f'ioilnc(': & Ulility lill ling Pax (20!:i) tl8} .48 I J RUG 28 '03 06:24 ""1?lO_".I"i""'~ ~,....-- IDAHO UlJEF KEN W. BOWERS DEPUTY CHIEF. FIRE PREVFNTION .lOSEI'll SILVA DEPUTY CHIEF. TRtdNIMi BILL JOIINSUN MI\ YOR ROBERT D. CORRIE COUNCIl. iV1EM13ERS WILLIAM L.M. NARY KEITH BIRD TMvlMY DE WEERD CHERIE MCCANDLESS RURAL FIRE COMMISSIONERS RICHARD GREENE TERRY LEIGHTON STEVE ELLIOTT ~;~;dian 5,10 1':a51 Frankl in Road Meridian, II) 33M2 (108) 888-1234 Fax (108) 895-0390 MERIDIAN CITY/RURAL FIRE DEPARTMENT E September 24, 2003 SEP 2 4 2003 City Of Meridiful City Clerk Office TO: Mayor, City Council and Meridian Planning & Zoning Commission FROM: Joseph Silva, Deputy Chief: Fire Preventlon SUBJECT: Carl's Jr. CUP 03-042 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1, All roads shall have a turning radius of28' inside and 48' outside. 2. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. The entrances to the project will be required to be posted "No Parking or stopping in Fire Lanes", 3. Comply with the requirements of the 2000 International Fire Code. (W ~~~E~FTATRI)~T~~~JN~ CENTRAL DISTRICT HEALTH DEPARTMENT " Environmental Health Division Return to: o Boise o Eagle o Garden City )!!Meridian o Kuna OACZ o Star Rezone # Conditional Use # e. (.r!-JJ O~ - OC(2 (!I?tf.-LS ...TIl.. JfEsT/Jat?ttAJr I Preliminary / Final/Short Plat o 1. We have No Objections to this Proposal. AUG 1 8 2003 02. We recommend Denial of this Proposal. C'2 OfM 'w lGY en an 03. Specific knowledge as to the exact type of use must be provided before we can comment~~to1iPkotfuBf:Jce o 4. We will require more data concerning soil conditions on this Proposal before we can comment. 05. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: o high seasonal ground water 0 waste flow characteristics o or bedrock from original grade 0 other o 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 07. This project shall be reviewed by the Idaho Deparlm~nt of Water Resources concerning well construction and water availability. 08. After written approval from appropriate entities are submitted, we can approve this proposal for: o central sewage 0 community sewage system 0 communily water well o interim sewage 0 central water o individual sewage 0 individual water 09. The following plan(s) must be submitted to and approved by the Idaho Department of Heallh & Welfare, Division of Environmental Quality: o central sewage 0 community sewage system 0 community water o sewage dry lines 0 central water o 10. Run-off is not to create a mosquito breeding problem. o 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. o 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 1\113. We will ~~ire plans be submitted for a plan review for any: r ~ food establishment 0 swimming pools or spas o beverage establishment 0 grocery store o child care center 014. Please see attached stormwater management recommendatations 015. Da~ Reviewed BYlJ/;. . COHO 9100 Ikc Review Sheet Posted Property Affidavit for CUP The property that intersects Meridian Road and Main St. also known as Old KFC Building, submitted on the behalf of Greenstar Foods LLC for the purpose of constructing a Carl's Jr. restaurant was posted with a notice of public hearing on Monday October 61h 2003 for the hearing date of October 16th 2003. See Attached: Or~ .11 L< I 1 lj City Of Meridiffi1 City Clerk Office -/ /0/<9/;2.003 Date / ~L ,fa6~"o D te JEFFERY H. KELLER Notary Public Stale of Idaho ECEI o 9 CiTY OF MERIDIAN 'CITY CtFRK OFF1(;F CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE October 16, 2003 ITEM # 12 PROJECT NUMBER CUP 03-042 PROJECT NAME Carl's Jr. NAME (PLEASE PRINT) FOR AGAINST NEUTRAL gk~'~ I-~o FF6iCbG12.. , "/ .'N /'-,. -P~'~ l A-1t ~b e. V' V'~1 X I