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Home My WebLink AboutFindings** TX CONFIRM! REPORT ** DATE TIME TOiFROM 14 07117 12 16 208 343 4954 AS OF JUL 17 ~2~17 PAGE. 01 CITY OF MERIDIAN MODE MINiSEC PGS CMDit STATUS EC--S 01'30" 005 251 OK tJUl3 OF TREASURE VALLEY M~yar ROBERT D. CORRIP. A Good Place to Live City Council Memlxps CITY OF MERIDIAN CIIARLlsS ROUNTREL• 33 EAST IDAHO GLENN BCN'I'LEY MERIllIAN, IDAHO 83642 RON ANDBRSON (305) 688-x433 • tax (208) 887-4813 KE[TEI OIRD City Clork Fax (208) 888-42 L8 LEC.~L DEPARTNiF,NT (2nx) 255.2a9v • Far 2SS-25111 PUBLtC WORKS BUILDING DCPARTMGNr (203)!5x7-2211 • Per Rx7-1297 PLANNING AND ZONING DEPARTMEN-I' (2o8)R8a•SS33 • Fet 537.1297 ~ / FA/C,,S/IMILE COVER SHEET ~ FAX NUMBER: ~`t~~~~'~'f DATE: l V] ~t~4~ TITLE/DEPARTMENT: CONFIDENTIAL: YES NO k TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 5 F `R`O'M_ :CITY OF MEnRIDIAN - FAX NUMBER: (208) 888-4218 NAME: 'IrY I~S~ ~f rr~ t~/ v TITLEIDEPARTMENT: 0 , '~' COMMENTS: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. MAY(3B Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: HUB OF TREASURE V,4LLiEY • A Good Place toLiva CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 To: Mayor, City Council and Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engi eer Steve Siddoway, Assistant Planner c-~' ;~; s~c~ LEGAL DEPARTMENT ~no~ ~QO ~nnn . c._.. moo ~cn~ Nl - ~~ d~ I 1 i~-~~ ~ '• ~~ . ; ,,,„r, ~~ _ - :~ ~- ,:~ ~ cy ~~_. Re: Conditional Use Permit for Arby's Restaurant at the Family Center (Meridian Crossroads Shopping Center) with aDrive-Thru and Related Site Improvements by Bailey Company & TFC177 Associates, Ltd. 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: LOCATION & SURROUNDING USES The subject property is generally located near the southeast corner of Fairview and Eagle Road. The site is Pad P-3 within the approved Family Center Conditional Use Permit (CUP). Arby's requires a separate CUP due to the drive-thru. The subject property is currently zoned I-L. The property is located in an area designated as Existing Urban in the Comprehensive Plan. The surrounding uses include other commercial pad sites within the Family Center and parking areas. The pad site fronts along Eagle Road. Crossroads Subdivision is behind the Family Center to the east of the subject property. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 4. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Arbys.CUP.doc • • Mayor, Council and P&Z July 17, 2000 Page 2 Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 7. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 9. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: 1. Ada County Highway District (ACRD) has issued a letter to the City of Meridian stating that the Family Center project now exceeds 450,000 gross square feet. Site specific requirement No. 7 of the ACRD Commission action on the Family Center development requires that once the 450,000 s.f. threshold is reached, improvements to the intersection of Fairview and Eagle Road must be constructed. No building permits should be issued for this project until all ACRD- required improvements are complete. 2. Sanitary sewer and water service to this site will be provided by extension of existing lines within the Family Center. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 4. Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Landscape irrigation shall be via the pressurized irrigation system being installed in the Family Center. 5. A conceptual landscape plan was submitted with the application with a note that the actual landscape plan will be provided by the Land Group, Inc. The proposed pad layout is significantly different than the original parking and landscaping layout. Applicant shall verify that the proposed number of trees is in compliance with the approved landscape plan for the site. CUP-00-039 Arbys.CUP.doc • ~ Mayor, Council and P&Z July 17, 2000 Page 3 A detailed landscape plan must be submitted with the Certificate of Zoning Compliance application. Staff also recommends changing the proposed rock ground cover to bark mulch to match the other landscape azeas within the development. 6. The proposed 12-foot and 14-foot drive aisles are subject to Meridian Fire Department approval. 7. Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. Submit a letter of approval from Sanitary Services Corp. (SSC) when applying for a building permit. All trash azeas are to be enclosed by a screening fence on at least three (3) sides. 8. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 9. Freestanding signs for the project will be limited to the single monument sign shown on the plan. All signage will be subject to design review and requires sepazate permits. Any temporary or A-frame signs shall be prohibited as a condition of approval, and will be removed upon 3 days notice. 10. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project for the Council and Commission's consideration during the hearing process. Economic Development Chapter 1.2 - ...set aside azeas where commercial interest and activities are to dominate. 1.4 -Positive programs should be undertaken to support existing commercial areas to ensure their continued vitality.. . 1.6 - ...support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. Land Use Chapter 4.3U -Encourage new commercial development within under-utilized existing commercial areas. 4.8U -Encourage commercial uses...to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. CUP-00-039 Arbys.CUP.doc • • Mayor, Council and P&Z July 17, 2000 Page 4 Community Desi~pter 2.2U -Encourage area beautification through uniform sign design that enhances the community. 4.4U -Encourage landscaped setbacks for new development. RECOMMENDATION Staff recommends approval of the CUP with the conditions noted above. CUP-00-039 Arbys.CUP.doc HUB OF TREASURE VALLEY ~ MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 • Fax 288-2501 CITY OF MERIDIA ~ CITY COUNCIL MEMBERS O Ron Anderson 33 EAST IDAHO BUILDING DEP ARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN IDAHO 83642 ~ ~w 208 4433 • F 208 ' 888 48 ~ ~~'~ 887 PLANNING AND ZONING Tamm deWeerd y ax ( r. ) - ) - ( ` ~~ Cherie McCandless ~;-.,~. \ ~ City Clerk Office Fax (208) 88 ;, ~~ ts; -. ,~~ z, ,~~, DEPARTMENT (208) 884-5533 • Fax 888-6854 ~ .~~~ °~~`~~ ~ ~ MEMORANDUM: ,, July 14, 2000 To: Mayor, City Council and Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engineer Steve Siddoway, Assistant Planner Re: Conditional Use Permit for Arby's Restaurant at the Family Center (Meridian Crossroads Shopping Center) with aDrive-Thru and Related Site Improvements by Bailey Company & TFC177 Associates, Ltd., 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: LOCATION & SURROUNDING USES The subject property is generally located near the sn»*~~-~ ' > -_. site is Pad P-3 within the approved. ~' ` 1 a separate CUP due to the drive-th; ~' located in an area designated as Ex (Q The surrounding uses include other c: / . , The pad site fronts along Eagle Roy , east of the subject property. GENERAL COMMENTS: • of Fairview and Eagle Road. The se Permit (CUP). Arby's requires rently zoned I-L. The property is ~lsive Plan. ;Family Center and parking areas. :behind the Family Center to the 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho 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. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City Arbys.CUP.doc i ~ Mayor, Council and P&Z July 14, 2000 Page 2 of Meridian Zoning and Development Ordinance. 6. Provide sidewalks in accordance with City Ordinance Section 11-9-606.B. 7. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: 1. Ada County Highway District (ACHD) has issued a letter to the City of Meridian stating that the Family Center project now exceeds 450,000 gross square feet. Site specific requirement No. 7 of the ACRD Commission action on the Family Center development requires that prior to beginning new structure that exceeds 450,000 s.f. that the required improvements to the intersection of Fairview and Eagle Road must be constructed. No building permits should be issued for this project until the required improvements are complete. 2. Sanitary sewer and water service to this site will be provided by extension of existing lines within the Family Center. 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be responsible for the actual physical connection of the existing building located within this development, and shall be required to enter into an Assessment Agreement with the City of Meridian. 4. Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Landscape irrigation shall be via the pressurized irrigation system being installed in the Family Center. A conceptual landscape plan was submitted with the application with a note that the actual landscape plan will be provided by the Land Group, Inc. The proposed pad layout is significantly different than the original parking and landscaping layout. Applicant shall verify that the proposed number of trees is in compliance with the approved landscape plan the site. A detailed landscape plan must be submitted with the Certificate of Zoning Compliance application. Staff also recommends changing the proposed rock ground cover to bark mulch to match the other landscape areas within the development. 6. The proposed 12-foot and 14-foot drive aisles are subject to Meridian Fire Department approval. 7. Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. All trash areas are to be enclosed by a screening fence on at least three (3) sides. CUP-00-039 Arbys.CUP.doc • • Mayor, Council and P&Z July 14, 2000 Page 3 8. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 9. Freestanding signs for the project will be limited to the single monument sign shown on the plan. All signage will be subject to design review and requires separate permits. Any temporary or A-frame signs shall be prohibited as a condition of approval, and will be removed upon 3 days notice. 10. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project for the Council and Commission's consideration during the hearing process. Population Chapter 1.6U -Encourage and support new businesses which offer higher-than-average-wage jobs and upward employment mobility to locate in Meridian. Economic Development Chapter 1.2 - ...set aside areas where commercial interest and activities are to dominate. 1.4 -Positive programs should be undertaken to support existing commercial areas to ensure their continued vitality.. . 1.6 - ...support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. Land Use Chapter 4.3U -Encourage new commercial development within under-utilized existing commercial areas. 4.8U -Encourage commercial uses...to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Community Design Chapter 2.2U -Encourage area beautification through uniform sign design that enhances the community. 4.4U -Encourage landscaped setbacks for new development. RECOMMENDATION Staff recommends approval of the CUP with the conditions noted above. CUP-00-039 Arbys.CUP.doc From: Steve Siddoway [siddowas@c~.mendian.id.us] Sent: Tuesday, July 25, 200011:27 AM To: 'Marlene St. George' Cc: 'Shelby Ugarriz'; Shari Subject: Arby's Marlene, The staff report for Arby's CUP-00-039 incorrectly states that they are located on Pad P-3 in the Family Center. They are actually located on Pad P-2. Please make this correction in the recommendation to City Council. Steve ~j~~ l MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 ~~s-~~ LEGAL DEPARTMENT i~n4~ moo ~nnn _ v..., moo ~cni ~ - ~ ~~ V ~" i~~ b To: Mayor, City Council and Planning & Zoning Commission -~~' e' ~ -+" ?' 1i~f3{ From: Bruce Freckleton, Assistant to City Engi eer U Steve Siddoway, Assistant Planner ,-~' `-'i~v c~f,'~]err~=C;a; Re: Conditional Use Permit for Arby's Restaurant at the Family Center (Meridian Crossroads Shopping Center) with aDrive-Thru and Related Site Improvements by Bailey Company & TFC 177 Associates, Ltd. 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: LOCATION & SURROUNDING USES The subject property is generally located near the southeast corner of Fairview and Eagle Road. The site is Pad P-3 within the approved Family Center Conditional Use Permit (CUP). Arby's requires a separate CUP due to the drive-thru. The subject property is currently zoned I-L. The property is located in an area designated as Existing Urban in the Comprehensive Plan. The surrounding uses include other commercial pad sites within the Family Center and parking areas. The pad site fronts along Eagle Road. Crossroads Subdivision is behind the Family Center to the east of the subject property. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 4. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Arbys.CUP.doc • Mayor, Council and P&Z July 17, 2000 Page 2 Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 7. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning acid Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 9. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: Ada County Highway District (ACRD) has issued a letter to the City of Meridian stating that the Family Center project now exceeds 450,000 gross square feet. Site specific requirement No. 7 of the ACRD Commission action on the Family Center development requires that once the 450,000 s.f. threshold is reached, improvements to the intersection of Fairview and Eagle Road must be constructed. No building permits should be issued for this project until all ACHD- required improvements are complete. 2. Sanitary sewer and water service to this site will be provided by extension of existing lines within the Family Center. 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 4. Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Landscape irrigation shall be via the pressurized irrigation system being installed in the Family Center. 5. A conceptual landscape plan was submitted with the application with a note that the actual landscape plan will be provided by the Land ,Group, Inc. The proposed pad layout is significantly different than the original parking and landscaping layout. Applicant shall verify that the proposed number of trees is in compliance with the approved landscape plan for the site. CUP-00-039 Arbys.CUP.doc • • Mayor, Council and P&Z July 17, 2000 Page 3 A detailed landscape plan must be submitted with the Certificate of Zoning Compliance application. Staff also recommends changing the proposed rock ground cover to bark mulch to match the other landscape areas within the development. 6. The proposed 12-foot and 14-foot drive aisles are subject to Meridian Fire Department approval. 7. Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. Submit a letter of approval from Sanitary Services Corp. (SSC) when applying for a building permit. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 8. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 9. Freestanding signs for the project will be limited to the single monument sign shown on the plan. All signage will be subject to design review and requires separate permits. Any temporary or A-frame signs shall be prohibited as a condition of approval, and will be removed upon 3 days notice. 10. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project for the Council and Commission's consideration during the hearing process. Economic Development Chapter 1.2 - ...set aside areas where commercial interest and activities are to dominate. 1.4 -Positive programs should be undertaken to support existing commercial areas to ensure their continued vitality.. . 1.6 - ...support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. Land Use Chapter 4.3U -Encourage new commercial development within under-utilized existing commercial areas. 4.8U -Encourage commercial uses...to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. CUP-00-039 Arbys.CUP.doc • • Mayor, Council and P&Z July 17, 2000 Page 4 Communi Design Chapter 2.2U -Encourage area beautification through uniform sign design that enhances the community. 4.4U -Encourage landscaped setbacks for new development. RECOMMENDATION Staff recommends approval of the CUP with the conditions noted above. CUP-00-039 Arbys.CUP.doc ,~ Facts and Findings: A. Generallnformation 1. General Data Owner - -Developers Diversified Realty Corporation Applicant - Developers Diversified Realty Corporation care of the Dakota Company Inc. I-L - Existing zoning I-L - Requested zoning 74.74 - Acres 2 - Proposed building lots 0 - Proposed dwelling units 848,000 - Total square feet of proposed building 0 - Square feet of existing building 1,000± - Total lineal feet of proposed public streets 145- Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District 2. Effected Streets Fagle Road (, tat Highway 55 Principal arterial Traffic count 27,564 on 10/97, peak hour count on 9/8/98 = 2801 vph s/o Fairview Avenue 2,600-feet of frontage 140-feet existing right-of-way (70-feet from section line) Comply with ITD requirements Eagle Road is improved with a 78 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Eagle Road is State Highway 55 and is under the jurisdiction of the Idaho Transportation Department (ITD) Fairview Avenue Principal arterial Traffic count 21,900 on 10/97, peak hour count on 9/8/98 = 2026 vph e/o Eagle Road 2,600-feet of frontage 100 to 108-feet existing right-of-way (50 to 54-feet from section line) 120 to 132-feet required right-of-way (60 to 66-feet from section line) Fairview Avenue is improved with a 68 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Pine Avenue Collector street with bike lane designation No traffic count available (this roadway segment is not open) 650-feet of frontage 0-feet existing right-of-way 90 to 96-feet required right-of-way (45 to 48-feet from mid-section line) The right-of-way for this segment of Pine Avenue has not been dedicated nor has it been constructed. Construction of this segment of Pine Avenue between Eagle Road and MCU 1798.COM Page 2 ,+ ~ ,, Cloverdale Road is included in the current Five Year Work Program, to be completed in FY 2002. Continued and extensive development within the area may accelerate the need for this segment of Pine Avenue. Presidential Drive Local commercial street with no bike lane designation Traffic count ? ,178 on 12/4/96 700-feet of frontage 69-feet existing right-of-way (34.5-feet from centerline) No additional right-of-way required Presidential Drive is constructed as two 14-foot roadways separated by a 14-foot median island. The roadway has curb, gutter and sidewalk on both sides of the street. This roadway segment was platted and constructed as part of the Crossroads Subdivision. Records Drive Local commercial street with no bike lane designation Traffic count not available 800-feet of frontage No existing right-of-way 60 to 76-feet required right-of-way (30 to 38-feet from the future centerline) Records Drive has not yet been constructed between Fairview Avenue and the Crossroads Subdivision. A paved, but temporary access has been constructed as a secondary access to the residential development. This access is temporary until the current application constructs the final segment. 3. Application Chronology: June 22, 1998 -Traffic Impact Study (TIS) received. June 28 -District staff met with developer's traffic engineer. June 29 -Application referred from Meridian. July 8 - ITD requests additional traffic analysis from traffic engineer. July 9 -ACHD staff requests additional traffic analysis from traffic engineer. July 25 -Supplemental TIS received by ACHD staff. August 2 -District staff requests more in-depth analysis of selected data from traffic engineer. August 5 -Second supplemental TIS received by ACHD staff. August 7 -ACHD contracts with a separate traffic consultant to conduct an independent review of the development and staff s conclusions. August 11 -Meridian Planning and Zoning Commission public hearing. District staff requests deferral for completion of District findings and action. August 20 -Second traffic consultant's report received by ACHD. August 21 -ACHD in-house technical review meeting with developer and his engineer. August 28 -ACHD staff met with developer and his traffic engineer to discuss staff comments. September 4 -Second in-house technical review meeting, discussed preliminary staff report. September 8 -Meridian Planning and Zoning Commission met and deferred application to September 24 to review ACHD Commission action and findings of noise consultant required by Planning and Zoning Commission. September 16 -ACHD staff DRAFT report completed and delivered to Commission, the applicant and the public. September 23 -Application acted on by the ACHD Commission. MCU1798.COM Page 3 _, ' B. Utility street cuts in new 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. C. Eagle Road (State Highway 55) is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to -the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Lance Johnson at 334-8340. D. Eagle Road traffic volumes have increased an average of 16% over the last seven years. Traffic has increased an average of 20% over the last four years. The APA model assumes a 4% annual growth rate until the Year 2015. While it is unlikely that the 20% growth rate will be maintained, the APA forecast is likely low, based on observed development rates and counts. E. District staff requested an extensive traffic impact study summary for this project because: 1. the proposed development exceeded the District's threshold for commercial developments, 2. concern about the impact of the development on traffic accessibility to Eagle Road and Fairview Avenue, and 3. concern about the operation of the Eagle/Fairview intersection. F. ACHD staff and Idaho Transportation Department (ITD) staff reviewed the submitted DRAFT traffic analysis prepared by Dobie Engineering Inc. Both agencies responded with lengthy review letters and requests for additional data. An addendum was submitted by the applicant's consultant. Both ITD and ACHD staffs reviewed the addendum and requested more in-depth analysis by a second set of review letters. A second addendum was submitted by the applicant's consultant. Evaluation of the traffic analysis summary and supplemental field analysis by staff provided the following information: 1. The proposed project is estimated to generate 26,950 total daily vehicle trips. The actual additional traffic volume added to the street system is approximately 20,000 daily vehicle trips because of passby trips already on the adjacent roadways. 2. The proposed project is estimated to generate 2,570 total peak hour vehicle trips., adding approximately 1,750 to 2,020 peak hour vehicle trips to the external trip network because of passby trips already on the adjacent roadways. 3. The anticipated 2,570 peak hour vehicle trips are the result a trip rate of 3.03' peak hour vehicle trips per 1,000 square feet of floor area. This number is in compliance with the data provided by the Institute of Transportation Engineers (ITE). District staff completed peak hour traffic counts at two smaller local shopping centers. The observed numbers matched the ITE data for a similar sized shopping center. Staff therefore accepts the submitted figures for peak hour trip generation. 4. The project site was originally reviewed as a retail center site in 1995 as part of the Crossroad Subdivision Traffic Analysis. The residential component of this site was approved and is currently under construction. The current forecast trip generation from the commercial component of this site is consistent with the assumptions from the original (1995) study. 5. The submitted site plan shows several driveways on Pine Avenue, Eagle Road and Fairview Avenue. 6. Pine Avenue is a designated collector road. There is no right-of-way east of Eagle Road. A portion of the Pine Avenue roadway has been constructed and dedicated MCU 1798.COM Page 4 • • " west of Eagle Road. The submitted traffic analysis assumed that the Pine/Eagle intersection will be signalized. 7. Presidential Drive is a public street and designated as a local road. The analysis assumed that the Presidential/Eagle intersection will be STOP controlled on the Presidential Drive approach. 8. Florence Street is a local public street west of Eagle Road. The applicant is proposing to construct a private driveway into the development opposite Florence Street. 9. Eagle Road is an access controlled roadway under the jurisdiction of ITD. Two access points were deeded to this parcel by ITD. The applicant is proposing three access points (including Pine Avenue). Presidential Drive is the only access point which has been constructed at this time. 10. Pine Avenue is a future public roadway. It is scheduled for construction between Eagle and Cloverdale Road in FY 2000. ACRD has already obtained an access permit from ITD to construct the Pine Avenue intersection with Eagle Road. 11. Records Drive is currently a private street from Fairview Avenue to the Crossroads Subdivision but will be dedicated as a public street and designated as a local commercial road with this application. The analysis assumed that the Records/Fairview intersection will be signal controlled. 12. In addition to Records Drive, there are four other proposed driveways on Fairview Avenue. The western-most driveway (Driveway A on the attached map) is proposed for right-on/right-out operation. The other three driveways meet District policy for full access operation. Current District policy allows a maximum of three access points for one frontage. Staff supports a variance to allow the fourth driveway (and a public street) because of the great length of frontage (one-half mile) and the high volume of traffic to be accommodated. 13. Both Eagle Road and Fairview Avenue are principal arterials. As such, Level of Service (LOS) E is an acceptable condition for the intersections on both roadways. 14. Both Eagle Road and Fairview Avenue are five lane facilities abutting the project site with free right-turn lanes on all legs of the intersection. 15. The Eagle Road Access Study (1997) recommends allowing only two access points to Eagle Road between Pine Avenue and Fairview Avenue. These two access points would be restricted to right-in/right-out operation as Eagle Road traffic volumes increased and would be eliminated entirely in future stages of the plan's implementation for Eagle Road. 16. The Eagle Road Access Study recommended a future grade separated interchange for the Eagle/Fairview intersection. 17. The current APA model assumes an average annual increase of traffic on Eagle Road of 4%. The observed traffic increases have averaged 20% per year over the last four years. 18. The Eagle/Fairview intersection currently operates at LOS D. 19. The Eagle/Fairview intersection will operate at LOS F with the existing geometry and the existing plus project traffic volumes. The intersection can be made to operate at an acceptable LOS E condition with the provisions of dual left turn lanes and free right turn lanes on all approaches. This change will require moving at least two signal poles and adding pavement as well as restriping. The signals currently provide pedestrian actuated movement across Fairview Avenue and Eagle Road, and this provision for pedestrians must be maintained after any modifications to the intersection. 20. The Eagle/Pine intersection will operate at LOS E with the 'existing plus project" traffic volumes. The intersection will require dual left turn lanes on all approaches. 21. The Fairview/Records intersection will operate at LOS E with the existing plus project traffic volumes. The intersection will require signalization and dual left turn lanes on all approaches in order to maintain a good LOS. Staff recommends that two northbound left-turn lanes be constructed on-site by the developer, with a signal installed MCUU98.COM Page 5 ~` appropriately to accommodate future dual left-turn lanes on Fairview Avenue to be constructed by the District when needed. 22. The remaining, unsignalized, full access site driveways will operate similar to right- in/right-out facilities. The through traffic volumes on both streets are so high that there will be few opportunities for left-turns at any of the non-signalized intersections. These driveways will operate at an acceptable LOS E or better for outbound left turns and inbound left turns 4111j[ if the signalized intersections are constructed as shown above. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted to a signalized intersections at Pine Avenue and Records Drive. This condition is caused by a combination of high traffic volumes on the arterial streets and at the site driveways. 23. Due to the high traffic volumes on both Eagle Road and Fairview Avenue, the remaining, unsignalized, full access site driveways will operate at an acceptable LOS E or better for outbound right turns and inbound left turns if the signalized intersections are constructed as shown above. G. ACRD contracted with EARTH•TECH Engineering Inc. to perform a third party review of the development. This second consultant's review produced essentially the same information as the first analysis with two noted points of difference: EARTH•TECH had a less optimistic view of the future traffic volumes on Eagle Road. They were less comfortable with APA's forecast of 4% annual growth and used recent traffic volumes to forecast higher future volumes on Eagle Road. The result of this assumption is that the roadway intersections will be completely overwhelmed with traffic from this project and the background traffic volumes. 2. EARTH•TECH also had a less optimistic view of the site's customers traveling to the nearest signalized intersections. They assumed that more drivers would wait for traffic at the nearer unsignalized intersections. The result of this assumption is that the unsignalized intersections will be completely overwhelmed with traffic from this site, functioning at unacceptable levels of service. H. The preceding analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background traffic: 1. Construct dual left-turn lanes and free right-turn lanes on all four approaches of the Eagle/Fairview intersection and modify the signal configuration to accommodate the additional lanes. 2. Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Locate the signals to accommodate future dual left-turn lanes on Fairview Avenue. 3. Construct dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. 4. Construct a traffic signal at the Eagle Road/Pine Avenue intersection. 5. Construct dual southbound left turn lanes on Eagle Road at the Pine Avenue intersection. 6. Construct dual westbound left turn lanes on Pine Avenue at the Eagle Road intersection. 7. Construct Pine Avenue from Eagle Road east to the eastern property line of this project. Two lanes are needed from the western driveway to the eastern property line. Four lanes are needed from the western driveway to the western property line. 8. Construct deceleration lanes at all intersections on Eagle road abutting the site. MCU 1798.COM Page 6 • • 9. Construct curb, gutter and an eastbound lane to Fairview from a point 500-feet west of Eagle Road to the eastern boundary of the site. Depending upon the magnitude and direction of project development, staff has determined that it is possible to implement the needed improvements in phases. All of these improvements are not needed at the start of development. The following table identifies the threshold level of development at which each improvement is needed. THRESHOLD VALUES FOR SITE SPECIFIC IMPROVEMENTS Needed Improvement Threshold Value at Which Improvement is Required 1. Dual left-turn lanes and Needed after 450,000 GSF of buildings are right-turn lanes at constructed. Eagle/Fairview 2. Signal at Records/Fairview Needed at start of development north of Florence Street. 3. Dual left-turn lanes at Needed at start of development north of Florence Fairview/Records (on Street. Records) Developer required to dedicate 6-feet of right-of-way within 500-feet of Records intersection for future addition of dual left-turn lanes on Fairview by ACHD or others. 4. Signal at Eagle/Pine Needed at start of development south of Presidential Drive. 5. Dual left-turn lanes on Needed at start of development south of Presidential Eagle at Eagle/Pine Drive. 6. Dual left-turn lanes on Pine Needed at start of development south of Presidential at Eagle/Pine Drive. 7. Construct Pine east of Needed at start of development south of Presidential Eagle Drive. 8. Construct deceleration Needed at start of development. lanes at the Eagle Road accesses 9. Construct third eastbound Needed after 450,000 GSF of buildings are lane on Fairview west and constructed. east of Eagle J. Fairview Avenue and Pine Avenue are ACHD classified roadways and, as such, would be eligible for the use of impact fee revenue to increase their capacity, if such improvement is included in the Capital Improvements Plan (CIP) and the Five Year Work Program (FYWP). Idaho Code also allows the use of road impact fee revenue on State Highways, such as Eagle Road for capacity enhancement. Only one of the improvements recommended by the traffic impact study, the Eagle/Pine signal, is included in the FYWP. Some of the recommended improvements will be necessary in the future to accommodate traffic growth without the traffic that will be generated by this proposal, and the District would be constructing those MCU1798.COM Page 7 ~• `, improvements at the appropriate time, partially funded from impact fee revenue. The large volume that will be generated by the proposed development accelerates the need for those improvements. Staff has evaluated the relative benefits that will be realized by the general traveling public from the various recommended improvements and suggests that they be considered in two categories, system improvements and site related improvements as follows: 1. Systera Improvements are capital improvements other than asite-related improvement which is a public facility and is designed to provide service to the community at large. The costs of these improvements would be offset from the Road Impact Fees for the project: a. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle/Fairview intersection. b. Construct curb, gutter and an eastbound lane from 500-feet west (the end of existing improvements) of the Eagle Road intersection to the Eagle Road/Fainview Avenue intersection. c. Dedicate sufficient additional right-of--way to total 66-feet from centerline of Fairview Avenue from the intersection with Eagle Road for a distance of 650- feet east of the intersection, then taper to 60-feet from centerline in 200-feet, and continue 60-feet of right-of-way to the east boundary of the .development. 2. bite-related improvements are capital improvements or right-of-way dedication for direct access to and/or within the proposed project or development. The costs of these improvements must be borne by the developer of the project: a. Construct dual northbound left turn lanes on Eagle Road at the Fairview Avenue intersection. b. Construct a traffic signal at the Fairview/Records intersection. c. Construct dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. d. Construct a traffic signal at the Eagle Road/Pine Avenue intersection -the District should provide the materials, and the developer should install the signal. This is a partnering with g, below. Part of the expense of the road construction is the District's responsibility because it will be slightly more than the development actually requires. The provision of the signal equipment by the District will balance that expense. The signal will include provision for Opticom equipment. e. Construct dual southbound left turn lanes on Eagle Road and matching shadow striping or median at the Pine Avenue intersection. f. Construct dual westbound left turn lanes on Pine Avenue at the Eagle Road intersection. g. Construct Pine Avenue from Eagle Road east to the eastern property line of this project. The street section will consist of four lanes at Eagle Road east to the full access driveway into the retail center. From that point east to the property line, the street section will consist of 28-feet of pavement with two 3-foot wide unpaved shoulders. See d. above. h. Construct deceleration lanes at all intersections on Eagle Road. i. Construct an eastbound lane on Fairview from the Eagle Road intersection to the east property line of the development to create one half of an 89-foot street section. The District prefers to defer the construction of curbs along the frontage of this site and use roadside swales to control runoff from Fairview Avenue and Eagle Road, similar to the system constructed by ITD in connection with the Eagle Road construction from Fairview Avenue to S. H. Highway 44. MCU 1798.COM Page 8 • ~ The developer should be required to integrate adequate drainage swales alongside Eagle Road and Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage Swale and sidewalk with District staff. If ITD objects to the use of a drainage swale along Eagle Road, staff will reconsider this recommendation. j. Construct dual westbound left-turn lanes on Pine Avenue at the Eagle Road -intersection. k. Construct afive-foot sidewalk on Fairview Avenue abutting the site. I. Construct afive-foot sidewalk on Eagle Road abutting the site. m. Construct five-foot sidewalks (both sides) on Records Drive abutting the site. n. Dedicate 76-feet of right-of-way for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue through the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. o. Dedicate 60-feet of right-of-way for Records Drive from a point 300-feet south of Fairview Avenue to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. K. ACHD's Park & Ride Division Staff has indicated the need for a Park & Ride location at the applicant's site. The District requests that applicant grant the District an easement fora 10 to 12-space Park & Ride area at this site. Commuteride staff will contact the applicant to coordinate the location of the Park & Ride area. L. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160 for further information. M. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, car pools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACRD Commuteride Office. N. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for the parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the east if they are the subject of a future development application. O. In accordance with District policy, stub streets or driveways to the undeveloped parcels abutting this site may be required upon review of a future application for this site. MCU1798.COM Page 9 • P. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. Q. District staff is extremely concerned with internal site access and the possible traffic conflicts within the site and on the adjacent residential subdivision. Staff believes that an improved internal site ciFCUlation system should be designed to minimize those impacts. The proposed system could include on-site travel routes parallel to Eagle Road and Fairview Avenue to improve access to the two signalized intersections of Pine Avenue/Eagle Road and Records Drive/Fairview Avenue, but should not be immediately in front of the stores. After discussing this issue with the applicant and his representative, the applicant proposed the following two modifications to the site plan to reduce the impacts on the residential streets and the access road directly in front of the stores: 1. Locate a second driveway on Pine Avenue, 175-feet east of Eagle Road, and lengthen the on-site stacking served by this driveway to a minimum of 50-feet to open up the parking area at the southwest corner of the site. This would allow the vehicles parked in this area additional access to Pine Avenue without using the drive aisle immediately in front of the stores. 2. Design additional access aisles in the northwest corner of the site to provide better access to the western driveway on Fairview Avenue. This will provide additional access to much of the parking area in this part of the site to minimize the traffic attempting to drive to the signalized intersections of Records Avenue/Fairview Avenue and Pine Avenue/Eagle Road. Staff is of the opinion that additional site plan corrections are necessary to provide adequate on-site circulation. The Institute of Transportation publication "Guidelines for Planning and Designing Access Systems for Shopping Centers" states that a shopping center of this magnitude should be constructed with a "ring road" or frontage road near the circumference of the site to expedite the movement of on-site traffic. That consideration is especially important in this situation because of the great distances from some parts of the center to the two signalized intersections with the arterial system. Additional access aisles parallel to Fairview Avenue and Eagle Road would partially satisfy the need for a frontage or ring road. During the Commission meeting, the Commission discussed the merits of expanding the access aisle configuration to function as a continuous vehicular way from Records Drive to Pine Avenue. This way would be interrupted by crossings of the driveways into the site and Presidential Drive, but would greatly increase ease of access to the two signalized intersections serving the site (Records and Pine). The Commission agreed with staff that such opening of the access aisle was necessary and would be included as a Site Specific Requirement. R. The District completed an access control plan for the entire Eagle Road corridor in 1997. An important recommendation of that study was the proposal for a grade separated interchange at the Eagle/Fairview intersection. Although construction of the interchange is anticipated beyond the 20-year planning period, the Long Range Transportation Plan establishes the policy that the District should preserve the right-of-way now to ensure that the needed land will be available when construction begins. Therefore, the applicant should be required to dedicate or otherwise agree to not encumber sufficient land area to accommodate the proposed interchange design. The owner will be compensated for all additional right-of-way from available impact fee revenues in this benefit zone, 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 #188. If the land is dedicated, the owner may enter into a license agreement with MCU1798.COM Page 10 • • the District to use the preserved right-of-way until the District constructs the interchange. If another form of preservation is approved by the Commission, the developer and the District should enter into an agreement providing for the use of the right-of-way for the interchange. S. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development only with the additional requirements outlined within this report. The existing transportation system is not adequate for the anticipated traffic volumes without improvement. Recommendations: , Special Recommendations to Meridian City: The Institute of Transportation publication "Guidelines for Planning and Designing Access Systems for Shopping Centers states that a shopping center of this magnitude should be constructed with a ring road or frontage road near the circumference of the site to expedite the movement of on-site traffic. That consideration is especially important in this situation because of the great distances from some parts of the center to the two signalized intersections with the arterial system. The applicant should be required to revise the site plan to provide internal site circulation equivalent to a public street system to ensure that intra-site circulation does not use the public street system to circulate through the adjacent subdivision to gain access to the signalized intersections on Eagle Road and Fairview Avenue. The on-site system should roughly parallel Fairview Avenue and Eagle Road but should not be located immediately in front of the stores. Opening of access aisles located 100-feet or more away from and parallel with Fairview Avenue and Eagle Road will fulfill this requirement. The access aisles should be as direct as possible and provide a means of driving a vehicle from Records Drive to Pine Avenue without interruption except at the major driveways into the site and at Presidential Drive. Coordinate the internal roadway design with District staff. 2. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building consider formation of an Alternative Transportation Program. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Mrs. Pat Nelson at 387-6160. 3. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) are urged to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. The District would appreciate the formation of such an entity by this complex. Special Recommendations to ITD: 1. The applicant should be required to construct the needed improvements to create dual left-turn lanes on the two Eagle Road approaches of the Eagle/Fairview intersection when the site development reaches 450,000 GSF. 2. The applicant should be required to construct the needed improvements to create dual left-turn lanes on the two Eagle Road approaches of the Eagle/Pine intersection. These improvements are not needed immediately. The noted improvement is required .when the site development is MCU1798.COM Page 11 ,' started south of Presidential Drive. The northbound left-turn lanes are not directly usable by the development. However, they may reduce congestion caused by trips to/from the development by providing for conflicting movements. 3. The applicant should be required to construct deceleration tapers at each of the driveways on Eagle Road. 4. The applicant should be required to construct right-turn lanes on all legs of the Fairview Avenue/Eagle Road intersection at the time the development reaches 450,000 GSF. 5. Prohibit any driveway access to Eagle Road north of the Florence Street intersection. The driveway will conflict with the operation of the free, northbound right-turn lane. Other than Pine Avenue, Presidential Drive and the driveway opposite Florence Street, prohibit any driveway access to Eagle Road. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Comply with requirements of ITD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Lance Johnson at 334-8340. 2. Dedicate sufficient additional right-of-way to total 66-feet from centerline of Fairview Avenue from the intersection with Eagle Road for a distance of 650-feet east of the intersection, then taper to 60-feet from centerline in 200-feet, and continue 60-feet of right-of-way to the east boundary of the development (See 4. below). The right-of--way should be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 3. Dedicate sufficient right-of-way abutting Eagle Road for the future Eagle Road Interchange. Coordinate the right-of--way requirements with District staff. The right-of-way is generally described as being a minimum of 226-feet wide (113-feet east of centerline) from Fairview Avenue south for 600-feet. The right-of-way needs then taper to 146-feet wide (73-feet from centerline to a point 1,400-feet south of Fairview Avenue. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. It is understood that ITD will reimburse the District for the cost of this right-of-way acquisition. 5. Dedicate sufficient right-of-way abutting Fairview Avenue for the future Eagle Road interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 176-feet wide (84-feet south of centerline) from Eagle Road east for 500-feet, then tapering to 120-feet (60 from centerline) at 1,000 feet east of Eagle Road. The owner will be compensated for all right-of-way dedicated as an addition to MCU1798.COM Page 12 . ~,,' `, • existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 6. Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for-Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this right-of-way because Records Drive is.a local street. 7. Prior to beginning a phase of the development that exceeds 450,000 gross square feet, construct the needed improvements to create dual left-turn lanes on the two Fairview Avenue approaches of the Eagle/Fairview intersection and right-turn lanes on all legs of the intersection. The developer will be allowed to offset the cost of the two left turn lanes on the Fairview Avenue legs of the intersection from the impact fee to be collected for the development. 8. Prior to the construction of any portion of the development south of Presidential Drive, construct the needed improvements to create dual left-turn lanes on the eastern approaches of the Eagle/Pine intersection. 9. Construct afive-foot sidewalk on Fairview Avenue abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 10. Construct afive-foot sidewalk on Eagle Road abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 11. Prior to opening of the development, construct pavement widening on Fairview Avenue to one half of an 89-foot street section abutting the parcel (approximately 2,600-feet). The applicant will not be compensated for this construction. 12. Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Eagle Road to a point 500-feet west where the existing improvements end. The cost of this improvement will be offset from the road impact fee to be collected for the development. 13. Construct afive-foot sidewalk on Pine Avenue abutting each development phase (approximately 1,300-feet) prior to opening of any development south of Presidential Drive. 14. Construct the four driveways on Fairview Avenue as proposed. The driveways should be located as proposed on the site plan dated 8/3/98, prepared by Quadrant Consulting, Inc. and on file with the District: approximately 440-feet, 940-feet, 1,510-feet, and 2,480-feet east of Eagle Road respectively. a. The western driveway on Fairview Avenue (Driveway A) is to be constructed as a right- in/right-out driveway, with driveway width limited to 30-feet and a minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Extend the existing median island in Fairview MCU1798.COM Page 13 • Avenue from its easterly terminus to a point 50-feet east of the eastern edge of driveway A and construct pavement tapers with 15-foot radii. b. The second driveway on Fairview Avenue (Driveway B) is to be constructed as a full access driveway with a width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. c. The third driveway on Fairview Avenue (Driveway C) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. d. The fourth driveway on Fairview Avenue (Driveway D) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet for outbound traffic and 50-feet for inbound traffic. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. 15. Construct Records Drive as a 65-foot street section (with curb, gutter and five-foot sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive should be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 16. Construct Records Drive as a 41-foot street section (with curb, gutter and five-foot sidewalk) from a point 300-feet south of Fairview Avenue to the existing stub street within the Crossroads subdivision. 17. Construct a traffic signal at the Fairview/Records intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACRD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 18. Construct a driveway on Eagle Road aligned with Florence Street as a full access driveway. The driveway width should be limited to 40-feet. The. minimum storage length should be 100- feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Eagle Road. This driveway may be restricted to right-in/right-out movement in the future. Construct a deceleration lane for the driveway. 19. Construct Pine Avenue as a 28-foot street section from the project's eastern property line to a point approximately 400-feet east of Eagle Road. Widen the approach to Eagle Road to provide two westbound left turn lanes, one westbound through lane and one westbound right- turn lane. Coordinate the roadway design with District staff. 20. Prior to the commencement of construction of the area south of Presidential Drive, construct a traffic signal at the Eagle/Pine intersection. Provide and install Opticom device (an optical communication device for emergency vehicle. pre-emption of the signal operation) as part of the signal installation. The District will provide the materials for the signal (with the exception MCU 1798.COM Page 14 . - •, •.-~ . ~••~ ' of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. Submit the signal design to District staff for approval prior to construction. Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road precede the development expansion south of Presidential Drive, all features related to Pine Avenue are to be constructed by the applicant prior to the building permit issuance for the development south of Presidential Drive or the cost therefor paid to the District. Specifically, this includes the extra left-turn lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. 21. Reconstruct the western median in Presidential Drive to provide a left turn lane at the entrance to the project site (at the store fronts). Provide a minimum of 100-feet of storage area for the new turn lane. Coordinate the roadway design with District staff. 22. Construct a full access driveway on Presidential Drive as proposed 340-feet east of Eagle Road. The driveway width should be limited to 30-feet. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 23. Construct afull-access driveway connection to Presidential Drive at the midpoint between Eagle Road and the project roadway in front of the stores. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 24. Construct a full access driveway on Presidential Drive as proposed 620-feet east of Eagle Road. The driveway width should be limited to 30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 25. Reconstruct the westbound approach at the Eagle Road/Presidential Drive intersection to provide two westbound travel lanes. Coordinate the roadway design with District staff. 26. Construct deceleration tapers at each of the driveways on Eagle Road. Coordinate the design with ITD staff. 27. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine Avenue or Fairview Avenue is prohibited. 28. Construct a full access driveway on Records Drive as proposed 175-feet south of Fairview Avenue, limited to 30-feet of driveway width. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 29. Construct a full access driveway on Records Drive as proposed 300-feet south of Fairview Avenue, limited to 30-feet of width. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 30. Construct a full access driveway on Records Drive as proposed 500-feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 31. Construct a full access driveway on Records Drive as proposed 800-feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. MCU1798.COM Page 15 ' ~ , 32. Construct aright-in/right-out driveway on Pine Avenue 175-feet east of Eagle Road, limited to a driveway width of 30-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50-feet east of the driveway. 33. Construct a full access driveway on Pine Avenue as proposed 340-feet east of Eagle Road, limited to 30-feet of driveway width. The minimum storage length should be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 34. Construct a full access driveway on Pine Avenue as proposed 620-feet east of Eagle Road, limited to a driveway width of 30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 35. Construct and install traffic calming facilities on Presidential Drive beginning at the eastern property line of the development and extending through the intersection with Fillmore Way. Coordinate the design and placement of the calming facilities with District staff and the Crossroads Subdivision Owners Association. 36. Modify the site plan to create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately 100-feet into the site) to connect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of n the vehicular way with District staff. ~ ,- 3 f ~ (~ ~~Qi~ ~ ~~e,~ ~// ~,d~ ~~ l - :' ~ -~C~ ~~ G n_`.:~`s_'/_1? {rQ-~ rt i d ~.~~ -(-tc'`r ~/i,O S ~ G`.C~CL~Q-G ) ,p r 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 req_~~P~shall snecifical~y id ntjfy each requirement to be reconsidered and include a written explanation of ~y such a req~ ~~~pment ~~~ould result in a substantial hardship or ineo ~i The written reoues shall be submitted to the District no later than 9.00 a m on the day scheduled for ACRD 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 staff to 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 reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall data that ~~~as 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. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. MCU1798.COM Page 16 1 ~ 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact 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. 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. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. 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 of its intent to change the planned use of the subject property unless awaiver/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. ACRD 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. MCU1798.COM Page 17 MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-1433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 t S~~G~ LEGAL DEPARTMENT nno~ goo ~nnn _ c.... goo ~cni ,~ . ~ ~. ~~ i~-~~ ~ To: Mayor, City Council and Planning & Zoning Commission ' t-~%~ ~ ~ ~'' ,,,~,r, From: Bruce Freckleton, Assistant to City Engi eer '~ ~ ~ ~ ~- Steve Siddoway, Assistant Planner ,-~- _-' ~ ~ ~ <~: vlt r; r~i a ~- Re: Conditional Use Permit for Arby's Restaurant at the Family Center (Meridian Crossroads Shopping Center) with aDrive-Thru and Related Site Improvements by MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4-I33 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 ~ s~r~ LEGAL DEPARTMENT nnv~ wv ~nnn _ n.... Gov uni II/1 - ~~ ~-' 1 i~-~~ ~ To: Mayor, City Council and Planning & Zoning Commission .' ~-~'%~~ ~" ';?~j ; From: Bruce Freckleton; Assistant to City Engi eer Steve Siddoway, Assistant Planner C,-~' - ~ Y ~~ . ae~- di,i._. Re: Conditional Use Permit for Arby's Restaurant at the Family Center (Meridian Crossroads Shopping Center) with aDrive-Thru and Related Site Improvements by Bailey Company & TFC 177 Associates, Ltd. 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: LOCATION & SURROUNDING USES The subject property is generally located near the southeast corner of Fairview and Eagle Road. The site is Pad P-3 within the approved Family Center Conditional Use Permit (CUP). Arby's requires a separate CUP due to the drive-thru. The subject property is currently zoned I-L. The property is located in an area designated as Existing Urban in the Comprehensive Plan. The surrounding uses include other commercial pad sites within the Family Center and parking areas. The pad site fronts along Eagle Road. Crossroads Subdivision is behind the Family Center to the east of the subject property. GENERAL REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 4. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Arbys.CUP.doc • • Mayor, Council and P&Z July 17, 2000 Page 2 Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 7. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 9. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: Ada County Highway District (ACRD) has issued a letter to the City of Meridian stating that the Family Center project now exceeds 450,000 gross square feet. Site specific requirement No. 7 of the ACRD Commission action on the Family Center development requires that once the 450,000 s.f. threshold is reached, improvements to the intersection of Fairview and Eagle Road must be constructed. No building permits should be issued for this project until all ACHD- required improvements are complete. 2. Sanitary sewer and water service to this site will be provided by extension of existing lines within the Family Center. 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 4. Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Landscape irrigation shall be via the pressurized irrigation system being installed in the Family Center. 5. A conceptual landscape plan was submitted with the application with a note that the actual landscape plan will be provided by the Land Group, Inc. The proposed pad layout is significantly different than the original parking and landscaping layout. Applicant shall verify that the proposed number of trees is in compliance with the approved landscape plan for the site. CUP-00-039 Arbys.CUP.doc • • Mayor, Council and P&Z July 17, 2000 Page 3 A detailed landscape plan must be submitted with the Certificate of Zoning Compliance application. Staff also recommends changing the proposed rock ground cover to bark mulch to match the other landscape areas within the development. 6. The proposed 12-foot and 14-foot drive aisles are subject to Meridian Fire Department approval. 7. Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. Submit a letter of approval from Sanitary Services Corp. (SSC) when applying for a building permit. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 8. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 9. Freestanding signs for the project will be limited to the single monument sign shown on the plan. All signage will be subject to design review and requires separate permits. Any temporary or A-frame signs shall be prohibited as a condition of approval, and will be removed upon 3 days notice. 10. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project for the Council and Commission 's consideration during the hearing process. Economic Development Chapter 1.2 - ...set aside areas where commercial interest and activities are to dominate. 1.4 -Positive programs should be undertaken to support existing commercial areas to ensure their continued vitality.. . 1.6 - ...support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. Land Use Chapter 4.3U -Encourage new commercial development within under-utilized existing commercial areas. 4.8U -Encourage commercial uses...to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. CUP-00-039 Arbys.CUP.doc • • Mayor, Council and P&Z July 17, 2000 Page 4 Community Design Chapter 2.2U -Encourage area beautification through uniform sign design that enhances the community. 4.4U -Encourage landscaped setbacks for new development. RECOMMENDATION Staff recommends approval of the CUP with the conditions noted above. CUP-00-039 Arbys.CUP.doc ~~ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR ARBY'S RESTAURANT IN THE FAMILY CENTER Case No. CUP-00-039 RECOMMENDATION TO CITY COUNCIL THE BAILEY COMPANY, Applicant REc~~D AUG - 7 2000 CITY OF MERIDIAN 1. The property is located at the southeast corner of Eagle and Fairview, Meridian, Idaho. 2. The owner of record of the subject property is TFCM Associates LLC of Beachwood, Ohio. 3. Applicant is The Bailey company, LLLP of Golden, Colorado. 4. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The proposed application requests a conditional use permit for an Arby's Restaurant with drive-thru. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT ARBY'S RESTAURANT -THE BAILEY COMPANY • Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following; Adopt the Recommendations of Planning and Zoning and Engineering as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. Plans will need to be approved by the appropriate imgation/drainage district, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape imgation. 1.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 1.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13- 4) and in accordance with Americans with Disabilities Act (ADA) RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT ARBY'S RESTAURANT -THE BAILEY COMPANY requirements. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for alb off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 1-13-4.C. and 12-5-2.M. 1.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners ar flashing signs will be permitted. 1.8 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.10 Ada County Highway District (ACRD) has issued a letter to the City of Meridian stating that the Family Center project now exceeds 450,000 gross square feet. Site specific requirement No. 7 of the ACRD Commission action on the Family Center development requires that once the 450,000 s.f. threshold is reached, improvements to the intersection of Fairview and Eagle Road must be constructed. No building permits ,should be issued for this project until all ACHD- required improvements are complete, unless otherwise approved by ACRD. 1.11 Sanitary sewer and water service to this site will be provided by extension of existing lines within the Family Center. 1.12 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. RECOMME1v1DATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT ARBY'S RESTAURANT -THE BAILEY COMPANY • 1.13 Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Landscape irrigation shall be via the pressurized irrigation system being installed in the Family Center. 1.14 A conceptual landscape plan was submitted with the application with a note that the actual landscape plan will be provided by the Land Group, Inc. The proposed pad layout is significantly different than the original parking and landscaping layout. Applicant shall verify that the proposed number of trees is in compliance with the approved landscape plan for the site. A detailed landscape plan must be submitted with the Certificate of Zoning Compliance application. Staff also recommends changing the proposed rock ground cover to bark mulch to match the other landscape areas within the development. 1.15 The proposed 12-foot and 14-foot drive aisles are subject to Meridian Fire Department approval. 1.16 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. Submit a letter of approval from Sanitary Services Corp. (SSC) when applying for a building permit. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 1.17 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 1.18 Freestanding signs for the project will be limited to the single monument sign shown on the plan. All signage will be subject to design review and requires separate permits. Any temporary or A-frame signs shall be prohibited as a condition of approval, and will be removed upon 3 days notice. Adopt the recommendations of the Ada County Highway District as follows: 1.19 Comply with requirements of ITD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT ARBY'S RESTAURANT -THE BAILEY COMPANY • building permit (or other required permits), whichever occurs first. 1.20 Dedicate sufficient additional right-of-way to total 66-feet from centerline of Fairview Avenue from the intersection with Eagle Road for a distance of 650-feet east of the intersection, then taper to 60-feet from centerline in 200-feet, and continue 60-feet of right-of-way to the east boundary of the development (See 4. below). The right-of-way should be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.21 Dedicate sufficient right-of-way abutting Eagle Road for the future Eagle Road Interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 226-feet wide (113-feet east of centerline) from Fairview Avenue south for 600-feet. The right-of-way needs then taper to 146- feet wide (73-feet from centerline to a point 1,400-feet south of Fairview Avenue. 1.22 Dedicate sufficient right-of-way abutting Fairview Avenue for the future Eagle Road interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 176-feet wide (84-feet south of centerline) from Eagle Road east for 500-feet, then tapering to 120-feet (60 from centerline) at 1,000 feet east of Eagle Road. 1.23 Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.24 Prior to beginning a phase of the development that exceeds 450,000 gross square feet, construct the needed improvements to create dual left- turn lanes on the two Fairview Avenue approaches of the Eagle/Fairview RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT ARBY'S RESTAURANT -THE BAILEY COMPANY • intersection and right-turn lanes on all legs of the intersection. The developer will be allowed to offset the cost of the two left turn lanes on the Fairview Avenue legs of the intersection from the impact fee to be collected for the development. 1.25 Prior to the construction of any portion of the development south of Presidential Drive, construct the needed improvements to create dual left-turn lanes on the eastern approaches of the Eagle/Pine intersection. 1.26 Construct afive-foot sidewalk on Fairview Avenue abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction. plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 1.27 Construct afive-foot sidewalk on Eagle Road abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 1.28 Prior to opening of the development, construct pavement widening on Fairview Avenue to one half of an 89-foot street section abutting the parcel (approximately 2,600-feet). 1.29 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Eagle Road to a point 500-feet west where the existing improvements end. 1.30 Construct afive-foot sidewalk on Pine Avenue abutting each development phase (approximately 1,300-feet) prior to opening of any development south of Presidential Drive. 1.31 Construct the four driveways on Fairview Avenue as proposed. The driveways should be located as proposed on the site plan dated 8/3/98, prepared by Quadrant Consulting, Inc. and on file with the District: approximately 440-feet, 940-feet, 1,510-feet, and 2,480-feet east of Eagle Road respectively. RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT ARBY'S RESTAURANT -- THE BAILEY COMPANY a. The western driveway on Fairview Avenue (Driveway A) is to be constructed as a right-in/right-out driveway, with driveway width limited to 30-feet and a minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Extend the existing median island in Fairview Avenue from its easterly terminus to a point 50-feet east of the eastern edge of driveway A and construct pavement tapers with 15-foot radii. b. The second driveway on Fairview Avenue (Driveway B) is to be constructed as a full access driveway with a width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. c. The third driveway on Fairview Avenue (Driveway C) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. d. The fourth driveway on Fairview Avenue (Driveway D) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet for outbound traffic and 50-feet for inbound traffic. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. 1.32 Construct Records Drive as a 65-foot street section (with curb, gutter and five-foot sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive should be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of--way for the noted improvements. 1.33 Construct Records Drive as a 41-foot street section (with curb, gutter and five-foot sidewalk) from a point 300-feet south of Fairview Avenue RECOMMENDATION TO CITY COUNCIL - 7 CONDITIONAL USE PERMIT ARBY'S RESTAURANT -THE BAILEY COMPANY i to the existing stub street within the Crossroads subdivision. 1.34 Construct a traffic signal at the Fairview/Records intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACRD specipications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. Submit the signal design to District staff for approval prior to construction. 1.35 Construct a driveway on Eagle Road aligned with Florence Street as a full access driveway. The driveway width should be limited to 40-feet. The minimum storage length should be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Eagle Road. This driveway may be restricted to right-in/right-out movement in the future: Construct a deceleration lane for the driveway. 1.36 Construct Pine Avenue as a 28-foot street section from the project's eastern property line to a point approximately 400-feet east of Eagle Road. Widen the approach to Eagle Road to provide two westbound left turn lanes, one westbound through lane and one westbound right-turn lane. Coordinate the roadway design with District staff. 1.37 Prior to the commencement of construction of the area south of Presidential Drive, construct a traffic signal at the Eagle/Pine intersection. Provide and install Opticom device (an optical communication device for emergency vehicle pre-emption of the signal operation) as part of the signal installation. The District will provide the materials for the signal (with the exception of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. Submit the signal design to District staff for approval prior to construction. Should the ACRD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road precede the development expansion south of Presidential Drive, all features related to Pine Avenue are to be constructed by the applicant prior to the building permit issuance for RECOMMENDATION TO CITY COUNCIL - 8 CONDITIONAL USE PERMIT ARBY'S RESTAURANT -THE BAILEY COMPANY ~ ~ the development south of Presidential Drive or the cost therefor paid to the District. Specifically, this includes the extra left-turn lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. 1.38 Reconstruct the western median in Presidential Drive to provide a left turn lane at the entrance to the project site (at the store fronts). Provide a minimum of 100-feet of storage area for the new turn lane. Coordinate the roadway design with District staff. 1.39 Construct a full access driveway on Presidential Drive as proposed 340- feet east of Eagle Road. The driveway width should be limited to 30- feet. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 1.40 Construct afull-access driveway connection to Presidential Drive at the midpoint between Eagle Road and the project roadway in front of the stores. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 1.41 Construct a full access driveway on Presidential Drive as proposed 620- feet east of Eagle Road. The driveway width should be limited to 30- feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 1.42 Reconstruct the westbound approach at the Eagle Road/Presidential Drive intersection to provide two westbound travel lanes. Coordinate the roadway design with District staff. 1.43 Construct deceleration tapers at each of the driveways on Eagle Road. Coordinate the design with 1TD staff. 1.44 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine Avenue or Fairview Avenue is prohibited. RECOMMENDATION TO CITY COUNCIL - 9 CONDITIONAL USE PERMIT ARBY'S RESTAURANT -THE BAILEY COMPANY • ~ 1..45 Construct a full access driveway on Records Drive as proposed 175-feet south of Fairview Avenue, limited to 30-feet of driveway width. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 1.46 Construct a full access driveway on Records Drive as proposed 300-feet south of Fairview Avenue, limited to 30-feet of width. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 1.47 Construct a full access driveway on Records Drive as proposed 500-feet south of Fairview' Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 1.48 Construct a full access driveway on Records Drive as proposed 800-feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive.. 1.49 Construct aright-in/right-out driveway on Pine Avenue 175-feet east of Eagle Road, limited to a driveway width of 30-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50-feet east of the driveway. 1.50 Construct a full access driveway on Pine Avenue as proposed 340-feet east of Eagle Road, limited to 30-feet of driveway width: The minimum storage length should be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 1.51 Construct a full access driveway on Pine Avenue as proposed 620-feet east of Eagle Road, limited to a driveway width of 30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 1.52 Construct and install traffic calming facilities on Presidential Drive RECOMMENDATION TO CITY COUNCIL - 10 CONDITIONAL USE PERMIT ARBY'S RESTAURANT -THE BAILEY COMPANY ~. beginning at the eastern property line of the development and extending through the intersection with Fillmore Way. Coordinate the design and placement of the calming facilities with District staff and the Crossroads Subdivision Owners Association. 1.53 Modify the site plan to create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately 100-feet into the site) to connect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. Adopt the Recommendations of the Central District Health Department as follows: 1.54 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health ~ Welfare, Division of Environmental Quality. 1.55 Run-off is not to create a mosquito breeding problem. 1.56 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.57 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 1.58 Applicant shall submit plans for a food establishment. Adopt the Recommendations of the Fire Department as follows: 1.59 All codes will have to be met. ey/Z:\Work\M\Meridian 15360M\Recommendations\CUP039Arbys.wpd RECOMMENDATION TO CITY COUNCIL - 11 CONDITIONAL USE PERMIT ARBY'S RESTAURANT -- THE BAILEY COMPANY WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW Jvl.>EI{tt'aNFYscl~x 200 EAST CARLTON AvENt7E WM. F. GIGRAY, III PosT OFFICE Box 1150 BREN'C 7. JOFINSON MERIDJAN, IDAHO 83680-1150 D.SAMUII,JOANSON WII.LIAM A. Moxxow WILLIAM F. Nlcxol.s Tg, (208) 288-2499 CFm[srorl>tR S. NY& FAx (208) 288-2301 PfiQ.IP A. PEI'F12SON - STFrtiFar L. PRUSs Exlc S. ROSSMAN TODD A. RoSsM~w DAVID M. SWARTLfiY TFazR>NCER WFIITs August 1, 2000 To: Staff A pplicant A ffected Property Owner(s) Re: Application Case No. CUP-00-039 (/C/..C~C.(~' NAMPA OFFICE 104 NINTx AvF~u& SouTx POST OFFICEBOX 247 NAMPA, IDAHO 83653-0247 TEL. 208 466-9272 FAX (~08~466-4403 PLEASE REPLY TO MERIDIAN OFFICE R,~C~'~D AUK - 7 2000 C~ ~~"' FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the ~ity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefullx complete (be sure it is legg~'ble) the Position Statement if you disagree with the Findings and~Recommendations of the Plaruung and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (8) copies. The coppies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public WorZcs and the ~ity Attorney. If you are a part of a ggrroup, it is strongly recommended that one Position Statement be filled out for the group, wFiich can be signed by the representative for the group. Very truly ~~) Post-it® Fax Note 7671 Date ~~. pa°ges~ To f~. n I ~ ~,N_ ~ From Co./Dep . .~ ~~ a ! Co. 1 . Ii O LGv ' ZZ ~ Phone # 2 ~ ! : JY ~ ~ Phone # J ~ Fax # .1.2 ~ ~ 2 Fax # /~ ~, Zi August 10, 2000 CUP 00-039 MERIDIAN CITY COUNCIL MEETING August 15, 2000 APPLICANT TFCM Associates, Ltd. & The Bailey Company ITEM NO. 20 REQUEST Request for Conditional Use Permit for construction of an Arby's Restaurant with adrive-thru on property in an I-L zone -Pad P-2 within the Meridian Crossroads Shopping Center - southeast corner of Eagle and Fairview AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTR-CT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See July 17th comments See attached Recommendations See attached See attached See attached ~~~~~ ~~ See attached See attached BUREAU OF RECLAMATION: OTHER: See attached comments from Sewer Department and Sa Service Contacted: ~ Q~1 Date: ~~~ ¢ Phone: ~ `t 3 - JZ Z3 ~ ~ lJYyl~~i'L-~ Mat s presented at ubllc eetings II become property of the City of Merldlan. ~~ ~5~ ~-3 ~ 3 ~~ k~IA • • BEFORE THE MERIDIAN CITY COUNCIL C/C 08-15-00 IN THE MATTER OF THE APPLICATION OF ) THE BAILEY COMPANY, FORA ) CONDITIONAL USE PERMIT FOR AN ARBY'S ) RESTAURANT IN THE FAMILY CENTER, IN ) I-L ZONE, LOCATED AT THE SOUTHEAST ) CORNER OF EAGLE AND FAIRVIEW, ) MERIDIAN, IDAHO ) CASE NO. CUP-00-039 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 5~' day of September, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for an Arby's Restaurant with drive-thru, and the proposed application request of a conditional use permit for the construction, development, maintenance and use for an Arby's Restaurant with drive-thru, as described in the "VICINITY MAP, Project No. 191-07, Drawn By: NAIL, Checked By: SHS, Sheet 1 of 1, Drawing File Name: arbys_cu_sub.dwg 5-31-00 4:34:16 pm, Quadrant Consulting, Inc., Arby's Meridian Crossroads -Phase 1 Conditional Use Submittal," The Bailey Company, LLLP and TFCM Associates, LLC„ Developer, for the development of the aforementioned commercial development for a commercial development consisting of an Arby's Restaurant with drive-thru and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 1 OF 14 BY THE BAILEY COMPANY / CUP-00-039 • Pad P-2 within Meridian Crossroads Shopping Center: A parcel of land located in the Northwest 1/4 of Section 9, T. 3N., R. lE., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 9 from which the West 1/4 corner of said Section 9 bears South Ol°08'42" West, 2649.45 feet; thence South 64°35'27" East, 200.42 feet to a point on the southerly right-of-way line of West Fairview Avenue, as described by Exhibit "B" of warranty deed Instrument No. 99072864, Records of said Ada County, said point being the REAL POINT OF BEGINNING; thence along said southerly right-of-way line South 89°22' 10" East, 317.30 feet; thence North 87°53'02" East, 500.81 feet; thence South 89°22' 10" East, 954.73. feet; thence leaving said southerly right-of-way line and along the westerly right-of-way line of Records Avenue, as described by Exhibit "C" of said warranty deed Instrument No. 99072864, the following courses; thence South 44°28'35" East, 41.07 feet; thence South 00°25'00" West, 344.46 feet; thence South 9°55'31" East, 69.63 feet; thence South 00°24'57" West, 241.74 feet to a point on anon-tangent curve to the left; thence along said curve 54.02 feet, said curve having a radius of 199.89 feet, a central angle of 15°29'04" and a long chord of 53.86 feet which bears South 8°58'50" East; thence South 18°08'07" East, 80.48 feet; ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 2 OF 14 BY THE BAILEY COMPANY / CUP-00-039 ' • ~i thence South 07°20'43" East, 10.42 feet to a point on the northerly boundary of Crossroads Subdivision No. 5, as filed in Book 75 of Plats at pages 7779 and 7780, records of Ada County, Idaho; thence leaving said westerly right-of-way line and along said northerly boundary of Crossroads Subdivision No. 5, North 89°35'32" West, 228.44 feet to the northeast corner of Crossroads Subdivision No. 4, as filed in Book 73 of Plats at Pages 7519 and 7520, records of Ada County, Idaho; thence leaving said northerly boundary and along the northerly boundary of said Crossroads Subdivision No. 4, North 89°35'32" West, 796.15 feet to an angle point thereon; thence South O 1 °08' 13" West, 62.50 feet to an angle point thereon; thence North 88°51'47" West, 287.81 feet along said northerly boundary to the northwest corner of said Crossroads Subdivision No. 4; thence leaving said northerly boundary line and along the westerly boundary line of said Crossroads Subdivision No. 4 South O 1 °08' 13" West, 29.48 feet to the most northwesterly corner of Crossroads Subdivision No. 1, as filed in Book 65 of Plats at Pages 6644 and 6645 records of Ada County, Idaho; thence leaving said westerly boundary and along the westerly boundary of said Crossroads Subdivision No. 1, South O 1 °08' 13" West, 620.13 feet to a point on a non-tangent curve to the left, said point also being on the northerly right-of-way line of E. Presidential Drive; thence leaving said westerly boundary line and along said curve and said northerly right-of-way line 205.24 feet, said curve having a radius of 258.82 feet, a central angle of 45°26'02" and a long chord of 199.90 feet which bears North 66°08'49" West; thence North 88°51'50" West, 445.36 feet to a point on a tangent curve to the right; thence along said curve to the right 47.13 feet, said curve having a radius of 30.00 feet, a cental angle of 90°00'32" and a long chord of 42.23 feet which bears North 43°51'34" West, to a point of intersection with said curve and the easterly right-of- ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 3 OF 14 BY THE BAILEY COMPANY / CUP-00-039 • r way line of Eagle Road as described in warranty deed Instrument No. 8857970, records of said Ada County; thence leaving said northerly right-of-way line and along said easterly right-of-way line North 1°08'42" East, 1589.72 feet to an angle point thereon; thence North 58°10'31" East, 134.35 feet to the Real Point of Beginning, contains 50.11 acres, more or less. 2. That the above named applicant is granted a conditional use permit for an Arby's Restaurant with drive-thru, located at the southeast corner of Eagle and Fairview Roads, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering as follows: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13) . 2.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 2.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 4 OF 14 BY THE BAILEY COMPANY / CUP-00-039 • all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 1-13-4.C. and 12-5-2.M. 2.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. 2.8 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I~). 2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.10 Ada County Highway District (ACRD) has issued a letter to the City of Meridian stating that the Family Center project now exceeds 450,000 gross square feet. Site specific requirement No. 7 of the ACHD Commission action on the Family Center development requires that once the 450,000 s.f. threshold is reached, improvements to the intersection of Fairview and Eagle Road must be constructed. No building permits shall be issued for this project until all ACRD required improvements are complete, unless otherwise approved by ACHD. 2.11 Sanitary sewer and water service to this site shall be provided by extension of existing lines within the Family Center. 2.12 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.13 Underground pressurized irrigation shall be provided to all landscape .areas on site. Submit hook-up and design details based on the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 5 OF 14 BY THE BAILEY COMPANY / CUP-00-039 • ~ proposed landscaping. Landscape irrigation shall be via the pressurized irrigation system being installed in the Family Center. 2.14 A conceptual landscape plan was submitted with the application with a note that the actual landscape plan shall be provided by the Land Group, Inc. The proposed pad layout is significantly different than the original parking and landscaping layout. Applicant shall verify that the proposed number of trees is in compliance with the approved landscape plan for the site. A detailed landscape plan shall be submitted with the Certificate of Zoning Compliance application. Change the proposed rock ground cover to bark mulch to match the other landscape areas within the development. 2.15 The proposed 12-foot and 14-foot drive aisles are subject to Meridian Fire Department approval. 2.16 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. Submit a letter of approval from Sanitary Services Corp. (SSC) when applying for a building permit. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 2.17 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 2.18 Freestanding signs for the project shall be limited to the single monument sign shown on the plan. All signage shall be subject to design review and requires separate permits. Any temporary or A- frame signs shall be prohibited as a condition of approval, and will be removed upon 3 days notice. Adopt the recommendations of the Ada County Highway District as follows: 2.19 Comply with requirements of ITD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 6 OF 14 BY THE BAILEY COMPANY / CUP-00-039 2.20 Dedicate sufficient additional right-of-way to total 66-feet from centerline of Fairview Avenue from the intersection with Eagle Road for a distance of 650-feet east of the intersection, then taper to 60- feet from centerline in 200-feet, and continue 60-feet of right-of-way to the east boundary of the development (See 4. below). The right-of--way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.21 Dedicate sufficient right-of-way abutting Eagle Road for the future Eagle Road Interchange. Coordinate the right-of-way requirements with District staff. The right-of--way is generally described as being a minimum of 226-feet wide (113-feet east of centerline) from Fairview Avenue south for 600-feet. The right-of-way needs then taper to 146-feet wide (73-feet from centerline to a point 1,400-feet south of Fairview Avenue. 2.22 Dedicate sufficient right-of--way abutting Fairview Avenue for the future Eagle Road interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 176-feet wide (84-feet south of centerline) from Eagle Road east for 500-feet, then tapering to 120- feet (60 from centerline) at 1,000 feet east of Eagle Road. 2.23 Dedicate 76-feet of right-of--way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.24 Prior to beginning a phase of the development that exceeds 450,000 gross square feet, construct the needed improvements to create dual left-turn lanes on the two Fairview Avenue approaches of the Eagle/Fairview intersection and right-turn lanes on all legs of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 7 OF 14 BY THE BAILEY COMPANY / CUP-00-039 • • intersection. The developer shall be allowed to offset the cost of the two left turn lanes on the Fairview Avenue legs of the intersection from the impact fee to be collected for the development. 2.25 Prior to the construction of any portion of the development south of Presidential Drive, construct the needed improvements to create dual left-turn lanes on the eastern approaches of the Eagle/Pine intersection. 2.26 Construct afive-foot sidewalk on Fairview Avenue abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk shall be approved prior to issuance of a building permit. 2.27 Construct afive-foot sidewalk on Eagle Road abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk shall be approved prior to issuance of a building permit. 2.28 Prior to opening of the development, construct pavement widening on Fairview Avenue to one half of an 89-foot street section abutting the parcel (approximately 2,600-feet). 2.29 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Eagle Road to a point 500-feet west where the existing improvements end. 2.30 Construct afive-foot sidewalk on Pine Avenue abutting each development-phase (approximately 1,300-feet) prior to opening of any development south of Presidential Drive. 2.31 Construct the four driveways on Fairview Avenue as proposed. The driveways shall be located as proposed on the site plan dated 8/3/98, prepared by Quadrant Consulting, Inc. and on file with the District: approximately 440-feet, 940-feet, 1,510-feet, and 2,480-feet east of Eagle Road respectively. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 8 OF 14 BY THE BAILEY COMPANY / CUP-00-039 • • a. The western driveway on Fairview Avenue (Driveway A) is to be constructed as a right-in/right-out driveway, with driveway width limited to 30-feet and a minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Extend the existing median island in Fairview Avenue from its easterly terminus to a point 50-feet east of the eastern edge of driveway A and construct pavement tapers with 15- foot radii. b. The second driveway on Fairview Avenue (Driveway B) is to be constructed as a full access driveway with a width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. c. The third driveway on Fairview Avenue (Driveway C) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. d. The fourth driveway on Fairview Avenue (Driveway D) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet for outbound traffic and 50-feet for inbound traffic. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. 2.32 Construct Records Drive as a 65-foot street section (with curb, gutter and five-foot sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 9 OF 14 BY THE BAILEY COMPANY / CUP-00-039 • • 2.33 Construct Records Drive as a 41-foot street section (with curb, gutter and five-foot sidewalk) from a point 300-feet south of Fairview Avenue to the existing stub street within the Crossroads subdivision. 2.34 Construct a traffic signal at the Fairview/Records intersection. Provide and install an Opticom device for emergency vehicle pre- emption of the signal to the satisfaction of ACRD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACRD or be demonstrated to meet ACHD specifications. The signal shall be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. Submit the signal design to District staff for approval prior to construction. 2.35 Construct a driveway on Eagle Road aligned with Florence Street as a full access driveway. The driveway width should be limited to 40- feet. The minimum storage length should be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Eagle Road. This driveway may be restricted to right-in/right-out movement in the future. Construct a deceleration lane for the driveway. 2.36 Construct Pine Avenue as a 28-foot street section from the project's eastern property line to a point approximately 400-feet east of Eagle Road. Widen the approach to Eagle Road to provide two westbound left turn lanes, one westbound through lane and one westbound right-turn lane. Coordinate the roadway design with District staff. 2.37 Prior to the commencement of construction of the area south of Presidential Drive, construct a traffic signal at the Eagle/Pine intersection. Provide and install Opticom device (an optical communication device for emergency vehicle pre-emption of the signal operation) as part of the signal installation. The District shall provide the materials for the signal (with the exception of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. Submit the signal design to District staff for approval prior to construction. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 10 OF 14 BY THE BAILEY COMPANY / CUP-00-039 I~ r~ L_~ Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road precede the development expansion south of Presidential Drive, all features related to Pine Avenue are to be constructed by the applicant prior to the building permit issuance for the development south of Presidential Drive or the cost therefor paid to the District. Specifically, this includes the. extra left-turn lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. 2.38 Reconstruct the western median in Presidential Drive to provide a left turn lane at the entrance to the project site (at the store fronts). Provide a minimum of 100-feet of storage area for the new turn lane. Coordinate the roadway design with District staff. 2.39 Construct a full access driveway on Presidential Drive as proposed 340-feet east of Eagle Road. The driveway width shall be limited to 30-feet. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 2.40 Construct afull-access driveway connection to Presidential Drive at the midpoint between Eagle Road and the project roadway in front of the stores. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 2.41 Construct a full access driveway on Presidential Drive as proposed 620-feet east of Eagle Road. The driveway width shall be limited to 30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 2.42 Reconstruct the westbound approach at the Eagle Road/Presidential Drive intersection to provide two westbound travel lanes. Coordinate the roadway design with District staff. 2.43 Construct deceleration tapers at each of the driveways on Eagle Road. Coordinate the design with 1TD staff. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 11 OF 14 BY THE BAILEY COMPANY / CUP-00-039 2.44 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine Avenue or Fairview Avenue is prohibited. 2.45 Construct a full access driveway on Records Drive as proposed 175- feet south of Fairview Avenue, limited to 30-feet of driveway width. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 2.46 Construct a full access driveway on Records Drive as proposed 300- feet south of Fairview Avenue, limited to 30-feet of width. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 2.47 Construct a full access driveway on Records Drive as proposed 500- feet south of Fairview' Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 2.48 Construct a full access driveway on Records Drive as proposed 800- feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 2.49 Construct aright-in/right-out driveway on Pine Avenue 175-feet east of Eagle Road, limited to a driveway width of 30-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50-feet east of the driveway. 2.50 Construct a full access driveway on Pine Avenue as proposed 340- feet east of Eagle Road, limited to 30-feet of driveway width. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 12 OF 14 BY THE BAILEY COMPANY / CUP-00-039 • ~ 2.51 Construct a full access driveway on Pine Avenue as proposed 620- feet east of Eagle Road, limited to a driveway width of 30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 2.52 Construct and install traffic calming facilities on Presidential Drive beginning at the eastern property line of the development and extending through the intersection with Fillmore Way. Coordinate the design and placement of the calming facilities with District staff and the Crossroads Subdivision Owners Association. 2.53 Modify the site plan to create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately 100-feet into the site) to connect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. Adopt the Recommendations of the Central District Health Department as follows: 2.54 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health ~ Welfare, Division of Environmental Quality. 2.55 Run-off is not to create a mosquito breeding problem. 2.56 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.57 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 13 OF 14 BY THE BAILEY COMPANY / CUP-00-039 2.58 Applicant shall submit plans for a food establishment. Adopt the Recommendations of the Fire Department as follows: 2.59 All codes shall be met. Adopt the Recommendations of the Nampa &. Meridian Irrigation District: 2.60 All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District shall review the drainage plans. The developer shall comply with Idaho Code 31-3805. Adopt the Recommendations of the Sanitary Service as follows: 2.61 Hang the gates and maximize opening width. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 5~~ day of .~eo f-e~ 6 ~,. , 2000. o e D. Come, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Pub1~~i,~Norks ~,,,, Departure t and City Attorney. ```~,~~~;~ OF '~.,,~~~ o~ '~y .r B ~ -, Dated: ~ _ ~ ~o ity Clerk = ~ ~ _ A msg/Z:\Work\M\Meridian 15360M\Arby's CUP039\CUPOrder039 ~ ~~ 9Q u T tsT , '~ \~~ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE~~,4~~i~ ~~P'``~~~`~ BY THE BAILEY COMPANY / CUP-00-039 ~~~ ~~ ' ~`` • ~~r By action of the City Council at its regular meeting held on the of Gv! ~C, , 2000. ROLL CALL ,/~ COUNCILMAN ANDERSON VOTED__~K ~ COUNCILMAN BIRD COUNCILMAN deWEERD COUNCILMAN McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~-~ ~d VOTED_~~~~- VOTED~~ day VOTED ~G/f~~"~- VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: ~,....: , Dated: ity Clerk ms~/Z:\Work\MWteridian 15360MWrby's CLIP039\CUPFfCIsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 `````<<~~uuiillllllllt `~~~ C~'~o,~w~T~~~~~~`r~s ~ ~'~~' ~.~ y~~ ~, '~ .~ ~, ~R' , ~~ \~~ Q `~~ ~~gs;~ . of; ;4~~~` • • BEFORE THE MERIDIAN CITY COUNCIL Fire cart GC 08-15-00 IN THE MATTER OF THE APPLICATION OF THE BAILEY COMPANY, FOR A CONDITIONAL USE PERMIT FOR AN ABBY'S RESTAURANT IN THE FAMILY CENTER, IN I-L ZONE, LOCATED AT THE SOUTHEAST CORNER OF EAGLE AND FAIRVIEW, MERIDIAN, IDAHO Case No. CUP-00-039 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council for public hearing on August 15, 2000, at the hour of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, and having duly considered the matter and the Planning and Zoning Commission made the following Findings of Fact and Conclusions of Law and Recommendation to City Council, and the City Council having FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 ~ • received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • • an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code § 11-17-2. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. Prior to granting a conditional use permit in a Light Industrial (I-L) zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 s • Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 15, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said August 15, 2000, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 s • 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at the southeast corner of Eagle and Fairview, Meridian, Idaho. 5. The owner of record of the subject property is TFCM Associates LLC of Beachwood, Ohio. 6. Applicant is The Bailey company, LLP of Golden, Colorado. 7. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11- 7-2. 8. The proposed application requests a conditional use permit for an Arby's Restaurant with drive-thru. The I-L zoning designation within the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • • Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The requested conditional use is described in the "VICINITY MAP, Project No. 191-07, Drawn By: NAIL, Checked By: SHS, Sheet 1 of 1, Drawing File Name: arbys_cu_sub.dwg 5-31-00 4:34:16 pm, Quadrant Consulting, Inc., Arby's Meridian Crossroads -Phase 1 Conditional Use Submittal," The Bailey Company, LLLP and TFCM Associates, LLC, developer, for an Arby's Restaurant with drive-thru, in Light Industrial, located at the southeast corner of Eagle and Fairview, Meridian, Idaho, and which property is described as: Pad P 2 within Meridian Crossroads Shopping Center: A parcel of land located in the Northwest 1/4 of Section 9, T. 3N., R. lE., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of said Section 9 from which the West 1/4 corner of said Section 9 bears South O1°08'42" West, 2649.45 feet; thence South 64°35'27" East, 200.42 feet to a point on the southerly right-of--way line of West Fairview Avenue, as described by Exhibit "B" of warranty deed FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 ~ • Instrument No. 99072864, Records of said Ada County, said point being the REAL POINT OF BEGINNING; thence along said southerly right-of-way line South 89°22' 10" East, 317.30 feet; thence North 87°53'02" East, 500.81 feet; thence South 89°22' 10" East, 954.73 feet; thence leaving said southerly right-of-way line and along the westerly right-of- way line of Records Avenue, as described by Exhibit "C" of said warranty deed Instrument No. 99072864, the following courses; thence South 44°28'35" East, 41.07 feet; thence South 00°25'00" West, 344.46 feet; thence South 9°55'31" East, 69.63 feet; thence South 00°24'57" West, 241.74 feet to a point on anon-tangent curve to the left; thence along said curve 54.02 feet, said curve having a radius of 199.89 feet, a central angle of 15°29'04" and a long chord of 53.86 feet which bears South 8°58'50" East; thence South 18°08'07" East, 80.48 feet; thence South 07°20'43" East, 10.42 feet to a point on the northerly boundary of Crossroads Subdivision No. 5, as filed in Book 75 of Plats at pages 7779 and 7780, records of Ada County, Idaho; thence leaving said westerly right-of--way line and along said northerly boundary of Crossroads Subdivision No. 5, North 89°35'32" West, 228.44 feet to the northeast corner of Crossroads Subdivision No. 4, as filed in Book 73 of Plats at Pages 7519 and 7520, records of Ada County, Idaho; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • ~ thence leaving said northerly boundary and along the northerly boundary of said Crossroads Subdivision No. 4, North 89°35'32" West, 796.15 feet to an angle point thereon; thence South O 1 °08' 13" West, 62.50 feet to an angle point thereon; thence North 88°51'47" West, 287.81 feet along said northerly boundary to the northwest corner of said Crossroads Subdivision No. 4; thence leaving. said northerly boundary line and along the westerly boundary line of said Crossroads Subdivision No. 4 South O1°08'13" West, 29.48 feet to the most northwesterly corner of Crossroads Subdivision No. 1, as filed in Boolc 65 of Plats at Pages 6644 and 6645 records of Ada County, Idaho; thence leaving said westerly boundary and along the westerly boundary of said Crossroads Subdivision No. 1, South O1°08'13" West, 620.13 feet to a point on anon-tangent curve to the left, said point also being on the northerly right-of- way line of E. Presidential Drive; thence leaving said westerly boundary line and along said curve and said northerly right-of-way line 205.24 feet, said curve having a radius of 258.82 feet, a central angle of 45°26'02" and a long chord of 199.90 feet which bears North 66°08'49" West; thence North 88°51'50" West, 445.36 feet to a point on a tangent curve to the right; thence along said curve to the right 47.13 feet, said curve having a radius of 30.00 feet, a cental angle of 90°00'32" and a long chord of 42.23 feet which bears North 43°51'34" West, to a point of intersection with said curve and the easterly right-of-way line of Eagle Road as described in warranty deed Instrument No. 8857970, records of said Ada County; thence leaving said northerly right-of--way line and along said easterly right-of- way line North 1°08'42" East, 1589.72 feet to an angle point thereon; thence North 58°10'31" East, 134.35 feet to the Real Point of Beginning, contains 50.11 acres, more or less. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • • 11. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public if the conditions of development, as set forth in the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 12. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 13. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under number 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. 14. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 15. The use proposed within the subject application will be served FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • • adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer. 16. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 17. The use proposed within the subject application will not involve uses, activities, 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. 18. Sufficient parking for the proposed use of the property will be provided. 19. The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the Applicant of the property, is granted a conditional use permit for the proposed application request of a conditional use permit for an Arby's Restaurant with drive-thru in I-L Light Industrial, located at the southeast comer of Eagle and Fairview, Meridian, Idaho, and described in the "VICINITY MAP, FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • • Project No. 191-07, Drawn By: NAIL, Checked By: SHS, Sheet 1 of 1, Drawing File Name: arbys_cu_sub.dwg 5-31-00 4:34:16 pm, Quadrant Consulting, Inc., Arby's Meridian Crossroads -Phase 1 Conditional Use Submittal", The Bailey Company, LLLP and TFCM Associates, LLC, developer, for the development of the aforementioned project, and which property is described as: Pad P-2 within Meridian Crossroads Shopping Center: A parcel of land located in the Northwest 1/4 of Section 9, T. 3N., R. 1 E., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 9 from which the West 1/4 corner of said Section 9 bears South O1°08'42" West, 2649.45 feet; thence South 64°35'27" East, 200.42 feet to a point on the southerly right-of--way line of West Fairview Avenue, as described by Exhibit "B" of warranty deed Instrument No. 99072864, Records of said Ada County, said point being the REAL POINT OF BEGINNING; thence along said southerly right-of-way line South 89°22' 10" East, 317.30 feet; thence North 87°53'02" East, 500.81 feet; thence South 89°22' 10" East, 954.73 feet; thence leaving said southerly right-of-way line and along the westerly right-of- way line of Records Avenue, as described by Exhibit "C" of said warranty deed Instrument No. 99072864, the following courses; thence South 44°28'35" East, 41.07 feet; thence South 00°25'00" West, 344.46 feet; thence South 9°55'31" East, 69.63 feet; FINDINGS OF FACT AND CONCLUSIONS OF.LAW Page 11 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 ~ • thence South 00°24'57" West, 241.74 feet to a point on anon-tangent curve to the left; thence along said curve 54.02 feet, said curve having a radius of 199.89 feet, a central angle of 15°29'04" and a long chord of 53.86 feet which bears South 8°58'50" East; thence South 18°08'07" East, 80.48 feet; thence South 07°20'43" East, 10.42 feet to a point on the northerly boundary of Crossroads Subdivision No. 5, as filed in Book 75 of Plats at pages 7779 and 7780, records of Ada County, Idaho; thence leaving said westerly right-of-way line and along. said northerly boundary of Crossroads Subdivision No. 5, North 89°35'32" West, 228.44 feet to the northeast corner of Crossroads Subdivision No. 4, as filed in Book 73 of Plats at Pages 7519 and 7520, records of Ada County, Idaho; thence leaving said northerly boundary and along the northerly boundary of said Crossroads Subdivision No. 4, North 89°35'32" West, 796.15 feet to an angle point thereon; thence South O 1 °08' 13" West, 62.50 feet to an angle point thereon; thence North 88°51'47" West, 287.81 feet along said northerly boundary to the northwest comer of said Crossroads Subdivision No. 4; thence leaving said northerly boundary line and along the westerly boundary line of said Crossroads Subdivision No. 4 South O 1 °08' 13" West, 29.48 feet to the most northwesterly corner of Crossroads Subdivision No. 1, as filed in Book 65 of Plats at Pages 6644 and 6645 records of Ada County, Idaho; thence leaving said westerly boundary and along the westerly boundary of said Crossroads Subdivision No. 1, South O1°08'13" West, 620.13 feet to a point on anon-tangent curve to the left, said point also being on the northerly right-of- way line of E. Presidential Drive; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • • thence leaving said westerly boundary line and along said curve and said northerly right-of-way line 205.24 feet, said curve having a radius of 258.82 feet, a central angle of 45°26'02" and a long chord of 199.90 feet which bears North 66°08'49" West; thence North 88°51'50" West, 445.36 feet to a point on a tangent curve to the right; thence along said curve to the right 47.13 feet, said curve having a radius of 30.00 feet, a cental angle of 90°00'32" and a long chord of 42.23 feet which bears North 43°51'34" West, to a point of intersection with said curve and the easterly right-of--way line of Eagle Road as described in warranty deed Instrument No. 8857970, records of said Ada County; thence leaving said northerly right-of-way line and along said easterly right-of- way line North 1°08'42" East, 1589.72 feet to an angle point thereon; thence North 58°10'31" East, 134.35 feet to the Real Point of Beginning, contains 50.11 acres, more or less. 2. The conditional use permit granted herein is subject to the following terms and conditions: Adopt the Recommendations of Planning and Zoning and Engineering as follows: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • • 2.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13) . 2.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 2.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 1-13-4.C. and 12-5-2.M. 2.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. 2.8 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I~). 2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.10 Ada County Highway District (ACRD) has issued a letter to the City of Meridian stating that the Family Center project now exceeds 450,000 gross square feet. Site specific requirement No. 7 of the ACHD Commission action on the Family Center development requires that once the 450,000 s.f. threshold is reached, improvements to the intersection of Fairview and Eagle Road must be constructed. No building permits shall be issued for this project until all ACHD required improvements are complete, unless otherwise approved by ACHD. 2.11 Sanitary sewer and water service to this site shall be provided by extension of existing lines within the Family Center. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • • 2.12 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.13 Underground pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Landscape irrigation shall be via the pressurized irrigation system being installed in the Family Center. 2.14 A conceptual landscape plan was submitted with the application with a note that the actual landscape plan shall be provided by the Land Group, Inc. The proposed pad layout is significantly different than the original parking and landscaping layout. Applicant shall verify that the proposed number of trees is in compliance with the approved landscape plan for the site. A detailed landscape plan shall be submitted with the Certificate of Zoning Compliance application. Change the proposed rock ground cover to bark mulch to match the other landscape areas within the development. 2.15 The proposed 12-foot and 14-foot drive aisles are subject to Meridian Fire Department approval. 2.16 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. Submit a letter of approval from Sanitary Services Corp. (SSC) when applying for a building permit. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 2.17 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 2.18 Freestanding signs for the project shall be limited to the single monument sign shown on the plan. All signage shall be subject to design review and requires separate permits. Any temporary or A-frame signs shall be prohibited as a condition of approval, and will be removed upon 3 days notice. Adopt the recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 15 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • • 2.19 Comply with requirements of ITD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 2.20 Dedicate sufficient additional right-of-way to total 66-feet from centerline of Fairview Avenue from the intersection with Eagle Road for a distance of 650-feet east of the intersection, then taper to 60-feet from centerline in 200-feet, and continue 60-feet of right-of-way to the east boundary of the development (See 4. below). The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.21 Dedicate sufficient right-of--way abutting Eagle Road for the future Eagle Road Interchange. Coordinate the right-of--way requirements with District staff. The right-of-way is generally described as being a minimum of 226- feet wide (113-feet east of centerline) from Fairview Avenue south for 600-feet. The right-of--way needs then taper to 146-feet wide (73-feet from centerline to a point 1,400-feet south of Fairview Avenue. 2.22 Dedicate sufficient right-of--way abutting Fairview Avenue for the future Eagle Road interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 176-feet wide (84-feet south of centerline) from Eagle Road east for 500-feet, then tapering to 120-feet (60 from centerline) at 1,000 feet east of Eagle Road. 2.23 Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 16 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 .~ 2.24 Prior to beginning a phase of the development that exceeds 450,000 gross square feet, construct the needed improvements to create dual left-turn lanes on the two Fairview Avenue approaches of the Eagle/Fairview intersection and right-turn lanes on all legs of the intersection. The developer shall be allowed to offset the cost of the two left turn lanes on the Fairview Avenue legs of the intersection from the impact fee to be collected for the development. 2.25 Prior to the construction of any portion of the development south of Presidential Drive, construct the needed improvements to create dual left- turn lanes on the eastern approaches of the Eagle/Pine intersection. 2.26 Construct afive-foot sidewalk on Fairview Avenue abutting each development phase (approximately 2,600-feet total) prior to issuance of arty Certificate of Occupancy. The construction plans for the development showing the sidewalk shall be approved prior to issuance of a building permit. 2.27 Construct afive-foot sidewalk on Eagle Road abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk shall be approved prior to issuance of a building permit. 2.28 Prior to opening of the development, construct pavement widening on Fairview Avenue to one half of an 89-foot street section abutting the parcel (approximately 2,600-feet). 2.29 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Eagle Road to a point 500-feet west where the existing improvements end. 2.30 Construct afive-foot sidewalk on Pine Avenue abutting each development phase (approximately 1,300-feet) prior to opening of any development south of Presidential Drive. 2.31 Construct the four driveways on Fairview Avenue as proposed. The driveways shall be located as proposed on the site plan dated 8/3/98, prepared by Quadrant Consulting, Inc. and on file with the District: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 17 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • • approximately 440-feet, 940-feet, 1,510-feet, and 2,480-feet east of Eagle Road respectively. a. The western driveway on Fairview Avenue (Driveway A) is to be constructed as a right-in/right-out driveway, with driveway width limited to 30-feet and a minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Extend the existing median island in Fairview Avenue from its easterly terminus to a point 50-feet east of the eastern edge of driveway A and construct pavement tapers with 15-foot radii. b. The second driveway on Fairview Avenue (Driveway B) is to be constructed as a full access driveway with a width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. c. The third driveway on Fairview Avenue (Driveway C) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. d. The fourth driveway on Fairview Avenue (Driveway D) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet for outbound traffic and 50-feet for inbound traffic. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. 2.32 Construct Records Drive as a 65-foot street section (with curb, gutter and five-foot sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of--way for the noted improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 18 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • ~ 2.33 Construct Records Drive as a 41-foot street section (with curb, gutter and five-foot sidewalk) from a point 300-feet south of Fairview Avenue to the existing stub street within the Crossroads subdivision. 2.34 Construct a traffic signal at the Fairview/Records intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal shall be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. Submit the signal design to District staff for approval prior to construction. 2.35 Construct a driveway on Eagle Road aligned with Florence Street as a full access driveway. The driveway width should be limited to 40-feet. The minimum storage length should be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Eagle Road. This driveway may be restricted to right-in/right-out movement in the future. Construct a deceleration lane for the driveway. 2.36 Construct Pine Avenue as a 28-foot street section from the project's eastern property line to a point approximately 400-feet east of Eagle Road. Widen the approach to Eagle Road to provide two westbound left turn lanes, one westbound through lane and one westbound right-turn lane. Coordinate the roadway design with District staff. 2.37 Prior to the commencement of construction of the area south of Presidential Drive, construct a traffic signal at the Eagle/Pine intersection. Provide and install Opticom device (an optical communication device for emergency vehicle pre-emption of the signal operation) as part of the signal installation. The District shall provide the materials for the signal (with the exception of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. Submit the signal design to District staff for approval prior to construction. Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road precede the development expansion south of FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 19 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • • Presidential Drive, all features related to Pine Avenue are to be constructed by the applicant prior to the building permit issuance for the development south of Presidential Drive or the cost therefor paid to the District. Specifically, this includes the extra left-turn lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. 2.38 Reconstruct the western median in Presidential Drive to provide a left turn lane at the entrance to the project site (at the store fronts). Provide a minimum of 100-feet of storage area for the new turn lane. Coordinate the roadway design with District staff. 2.39 Construct a full access driveway on Presidential Drive as proposed 340- feet east of Eagle Road. The driveway width shall be limited to 30-feet. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 2.40 Construct afull-access driveway connection to Presidential Drive at the midpoint between Eagle Road and the project roadway in front of the stores. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 2.41 Construct a full access driveway on Presidential Drive as proposed 620- feet east of Eagle Road. The driveway width shall be limited to 30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 2.42 Reconstruct the westbound approach at the Eagle Road/Presidential Drive intersection to provide two westbound travel lanes. Coordinate the roadway design with District staff. 2.43 Construct deceleration tapers at each of the driveways on Eagle Road. Coordinate the design with 1TD staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 20 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 • • 2.44 Other than .the access point(s) specifically approved with this application, direct lot or parcel access to Pine Avenue or Fairview Avenue is prohibited. 2.45 Construct a full access driveway on Records Drive as proposed 175-feet south of Fairview Avenue, limited to 30-feet of driveway width. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 2.46 Construct a full access driveway on Records Drive as proposed 300-feet south of Fairview Avenue, limited to 30-feet of width. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 2.47 Construct a full access driveway on Records Drive as proposed 500-feet south of Fairview' Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 2.48 Construct a full access driveway on Records Drive as proposed 800-feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 2.49 Construct aright-in/right-out driveway on Pine Avenue 175-feet east of Eagle Road, limited to a driveway width of 30-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50- feet east of the driveway. 2.50 Construct a full access driveway on Pine Avenue as proposed 340-feet east of Eagle Road, limited to 30-feet of driveway width. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 2.51 Construct a full access driveway on Pine Avenue as proposed 620-feet east of Eagle Road, limited to a driveway width of 30-feet. Install a 36" by FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 21 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 ~ r 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 2.52 Construct and install traffic calming facilities on Presidential Drive beginning at the eastern property line of the development and extending through the intersection with Fillmore Way. Coordinate the design and placement of the calming facilities with District staff and the Crossroads Subdivision Owners Association. 2.53 Modify the site plan to create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately 100-feet into the site) to connect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. Adopt the Recommendations of the Central District Health Department as follows: 2.54 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health &. Welfare, Division of Environmental Quality. 2.55 Rizn-off is not to create a mosquito breeding problem. 2.56 Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.57 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.58 Applicant shall submit plans for a food establishment. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 22 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 r Adopt the Recommendations of the Fire Department as follows: 2.59 All codes shall be met. Adopt the Recommendations of the Nampa SL Meridian Irrigation District: 2.60 All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District shall review the drainage plans. The developer shall comply with Idaho Code 31-3805. Adopt the Recommendations of the Sanitary Service as follows: 2.61 Hang the gates and maximize opening width. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decisionand order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 23 of 24 USE PERMIT SUBJECT TO CONDITIONS / THE BAILEY COMPANY (ABBY'S) /CUP-00-039 ~_ August 31, 2000 CUP 00-039 MERIDIAN CITY COUNCIL MEETING September 5, 2000 APPLICANT The Bailey Company / TFCM Associates, Ltd. ITEM NO. ~ REQUEST Findings -Request for CUP for construction of an Arby's Restaurant with adrive-thru on property in an I-L zone -Pad P-2 within the Meridian Crossroads Shopping Center, SEC of Eagle Road and Fairview Avenue 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached Findings ~~~.~ Contacted: ~Q/Gj /~~YcGtfv~c,.S'_ Date: ~~ Phone: '~~~" 5~~3 erlal~ p ~ rued ablk~meettngs~shall become property of the City of Meridian. ., ~ R,~C~~D AUG 2 4 2000 in teroffi c e crr~ of n~~n~rr ME MORAND U M To: William G. Berg, Jr. From: William F. Nichols Subject: THE BAILEY COMPANY / File No.: CUP-00-039 Date: August 23, 2000 Will: ARBY'S RESTAURANT WITH DRIVE-THRU / Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of the Council at' their August 15, 2000, meeting. The Findings will be on the Council's agenda for their September 5, 2000, meeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. Please serve copies of both documents upon the Applicant and appropriate departments. If you have any questions please advise. msg/Z:\Work\M\Meridian 15360M\Arby's CUP039\ClkLtrCUPffcls&Order039 July 13, 2000 CUP-o0-039 MERIDIAN PLANNING 8~ ZONING MEETING July 19, 2000 APPLICANT The Bailey Company ITEM NO. ~' REQUEST Conditional Use Permit for Arby's Restaurant in The Family Center at Meridian - Florence Street across from Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: see comments CITY FIRE DEPT: see comments CITY BUILDING DEPT: CITY WATER DEPT: ~ see comments MERIDIAN SCHOOL DISTRICT: '`' MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: see comments y, ~~ see comments ~ p~/~ 1 W C BUREAU OF RECLAMATION: OTHER: /See attached commenvt~,s from Sewer De t. and Sanita Service Contacted;` ~ (,~'~_ Date:' ~7 ~ Phone: '~~~ ~SZZ~ Materials presented at pubtfc meetings shall become property of the City of Meridian.