HomeMy WebLinkAboutFindings of Fact and Conclusions of Law for ApprovalCITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF E IDIA1 V ~'
LAW AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit fora 6,772 Square Foot
Restaurant per Requirement of the Development Agreement, by Kinsan Chan.
Case No(s). CUP-08-022
For the Planning and Zoning Commission Hearing Date of: September 18, 2008 (Findings
on October 2, 2008)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 18, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 18, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
September 18, 2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of September 18, 2008, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 6S, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-022
Page 1
5. Tt is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Chairman of the Commission and City Clerk and then a copy
served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this approval is subject to the Site Plan, Landscape Plan, Building Elevations, and
Conditions of Approval in the attached Staff Report for the hearing date of September 18,
2008, incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall nneet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Co~rlmission's authority as provided in Meridian City
Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
The applicant's Conditional User Permit as evidenced by having submitted the Site
Plan and Landscape Plan, attached in Exhibit A of the staff report dated September 18,
2008, is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report far the hearing date of September 18, 2008, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. Tn the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. if the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission maybe granted. With all extensions, the Director or Commission may
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-022
Page 2
require the conditional use comply with the current provisions of Meridian City Cade
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (2$) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Fetition for
Judicial Review maybe filed.
2. 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 conditianal use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Cade.
F. Attached: Staff Report for the hearing date of September 18, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE. NO(S). CUP-08-022
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the
day of , 2008.
COMMISSIONER DAVID MOE VOTED
(Chair)
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'SRIEN VOTED
COMMISSIONER JOE MARSHALL VOTED
CHAIRMAN DAVID MOE
Attest:
Tara Green, Deputy City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-022
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF S ~ 8
., ,~
STAFF REPORT Hearing Date: September 18, 2008 --" ~~ -~ =~ -:~
TO: Planning & Zoning Commission
~ ~ i ~_~^i
1~ROM: Sonya Waters, Associate City Planner ~ ~~~~~~~ .~ -
(208) 884-5533 ~°< ~'
SUBJECT: Great Wall Restaurant
• cur-o8-o2z
Conditional Use Permit for a ~As}9-§ 6,772 square foot restaurant, per
requirement of the Development Agreement
• DES-08-019
Design Review for structure/site located adjacent to an entryway corridor, per
requirement of UDC 11-3A-19B
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Kinsan Chan, is requesting Conditional Use Permit (CUP) approval for a ~8,i}9-~
6,772square foot restaurant in an existing C-G zoning District. A CUP is required because of the
Development Agreement (DA) in effect for this site (Redfeather Subdivision No. 2). Design Review
approval of the proposed structure and site is also requested because of the site's location adjacent to
an entryway corridor, per requirement of UDC 11-3A-19B.
The site is located on the east side of Eagle Road, approximately 1/3 mile south of E. Ustick Road.
This property was annexed as part of Redfeather Subdivision No. 2 in 2003/4 but was not included
within the preliminary plat boundary; the subject property consists of one un-platted, 1.21 acre parcel
of land zoned C-G.
2. SUMMARY RECOMMENDATION
The subject applications (CUP-08-022 & DES-08-019) were submitted to the Planning Department
for concurrent review. Staff has provided a detailed analysis for the requested CUP & DES
applications below and recommended conditions of approval for the CUP application. Staff
recommends approval of CUP-08-022 far the Great Wall Restaurant, as presented in the Staff
Report for the hearing date of September 18, 2008, based on the Findings of Fact as listed in
Exhibit C and subject to the conditions listed in Exhibit B. Note: Per UDC 11-SA-2, Design
Review (DES) applications are approved at the administrative level by the Planning Director.
However, because DES approval is requested concurrently with the CUP, Staff has included analysis
on the DES request in this staff report; the DES application does not require Commission action.
The Meridian Planning_and„Zoning Commission heard this item on Se>tember ] $, 2008. _ At the
public hearing. they moved to approve CUP-08-022.
a. Summary of Commission Public Hearing:
i. In favor: Mike Fairchild
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff nresentin~ annlication: Sonya Wafters
vi. Other staff commentin~_on application:_Noue
b. Kev Issues of Discussion by Commission:
i. None
c. Kev Commission Changes to Staff Recommendation:
Great Wall Restaurant CUP Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF SEPTEMBER 18, 2008
i. Approved per the revised site and landscape plans and buildins elevations
presented at the hearing and included in Exhibit A.
ii. Install d-foot tall chainlink fencin aloe the north ro ert baundar ad'acent
to the South Slough, per UDC 11-3A-6B3, as required in condition of approval
#l.l.e in Exhibit B.
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08-
022 as presented in the staff report for the hearing date of September 1$, 2008, with the following
modifications to the conditions of approval: (add any proposed modifications). Ifurther move to
direct Staff to prepare an appropriate findings document to be considered at the next Planning and
Zoning Commission meeting on October 2, 2008.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-08-
022, as presented during the hearing on September 18, 2008, for the following reasons: (you must
state specific reasons for denial and what the applicant could do to obtain your approval in the future).
I fiirther move to direct Staff to prepare an appropriate findings document to be considered at the next
Planning and Zoning Commission meeting on October 2, 2008.
Contimuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP-
08-022 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
The site is located on the east side of N. Eagle Road, approximately 1 /3 mile south of E. Ustick
Road (Parcel #51104233802)
Northwest % of Section 4, Township 3 North, Range 1 East
b. Owner:
Kinsan Chan
2064 S. Doe Creek
Boise, ID 83709
c. Applicant:
Same as Owner
d. Contact:
Mike Fairchild
1518 Mulligan Street
Middleton, ID 83644
e. Present Zoning District: GG (General Retail & Service Commercial District)
e. Present Comprehensive Plan Designation: Mixed Use -Regional (MU-R)
f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP)
Great Wall Restaurant CUP Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEM$ER 18, 2008
approval fora i n~ 6,772 square foot restaurant for Great Wall Chinese Restaurant, per
requirement of the DA for this site. Design Review approval is also requested far the proposed
structure and site, per requirement of UDC 11-3A-19B.
g. Description of Applicant's justification for CUP Approval: Taken from Applicant's narrative:
"This project will be developed in coordination with adjacent developments to insure overall
continuity of secondary roads, pedestrian walkways, landscaping, and in agreement with
prescribed Planning Department goals in this area. Building design standards will also be adhered
to." See Applicant's narrative for more information.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a conditional use as deterrxtined by City
Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D,
a public hearing is required before the Planning and Zoning Commission on this matter.
b. The subject application will, in fact, constitute design review as determined by City Ordinance.
By reason of the provisions of UDC 11-SA-2D, this type of application is approved at
administrative level by the Director.
c. Newspaper notifications published on:. September 1, and 15, 2008
d. Radius notices mailed to properties within 300 feet on: August 22, 2008
e. Applicant posted notice on site by: August 27, 2008
6. LAND USE
a. Existing Land Use(s): The subject property is currently vacant.
b. Description of Character of Surrounding Area: The north boundary of the site is adjacent to the
South Slough. The property to the north of the South Slough is being developed commercially.
There are a few existing and vacant residential properties to the south. The property to the east
was recently approved for apartments. Lastly, the property to the west across Eagle Road contains
single-family residential uses in Carol Subdivision and office uses in Stokesberry Subdivision.
c. Adjacent Land Use and Zoning
1. North: Existing residences that were annexed with Redfeather Estates No. 2, zoned C-G
2. East: Vacant; recently approved multi-family residential development (Regency at River
Valley), approved for 204 residential units, zoned R-40
South: Vacant; recently approved development (Regency at River Valley), approved for
commercial (C-C) zoning -pending DA approval
4. West: Single-family residential properties in Carol Subdivision, zoned Rl (Ada County) &
R-2; and offices (Stakesberry Subdivision), zoned L-O
d. History of Previous Actions Pertaining to this Site:
This property was annexed (AZ-03-021) in 2003 with a C-G zoning district as part of
Redfeather Subdivision No. 2. A Development Agreement (Instrument #104129529) was
approved and recorded with the annexation that included provisions for development of
the property. Specific DA provisions are as follows: 1) Any future uses of the property
are required to be approved through the CUP process; 2) Either a public ar private
backage street generally paralleling Eagle Road shall be incorporated into the design of
future site plans; and 3) A conceptual master plan demonstrating interconnectivity,
transitional uses, access points, and other key land planning issues is required prier to any
Great Wall Restaurant CUP Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE O'F SEPTEM.BER 18, 2008
detailed CUP applications being submitted on either the Bryson or Schrammeck
properties for the GG zone.
• A Variance (VAR-08-004) was approved earlier this year for a temporary access to Eagle
Road for this site. Temporary access was granted until such time as access becomes
available to the site from either the north or the south. At such time, the temporary access
shall be removed and the required street buffer landscaping adjacent to Eagle Raad shall
be constructed.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: 12 inch sewer main is located in Eagle road running through the
North West portion of this property under the South Slough
Location of water: 12 inch water main is located in Eagle road ruiuung through the
North West portion of this property under the South Slough
Issues or concerns: None
2. Vegetation: There are some existing trees an the site.
3. Floodplain: NA
4. Canals/Ditches Irrigation: The South Slough runs across the northeast corner of the site.
5. Hazards: No hazards are known to exist on the site. The South Slough is to the north of the
property.
6. Existing Zoning: C-G (General Retail and Service Commercial)
7. Parcel Size: 1.21 acres
f. Conditional Use Information:
1. Non-residential square footage: ~&~93 6,772 square feet
2. Hours of Operation: 11 am to 10 pm
g. Off-Street Parking:
1. Parking spaces required: 22
2. Parking spaces provided: 56 (including 2 handicap stalls)
3. Compact spaces proposed: 0
Per UDC I1-3C-6B, one parking space is required per S00 square feet of grossHaar area in
commercial districts; the proposed parking exceeds this requirement.
h. Landscaping
1. Width of street buffer(s): A minimum 35-foot wide buffer is required to be constructed along
N. Eagle Road, an entryway corridor and principal arterial street. Landscaping within the
street buffers shall comply with the landscaping standards listed in UDC 11-3B-7.
2. Width of buffer(s) between land uses: A minimum 25-foot wide buffer is required along the
east property boundary adjacent to the future multi-family development (Regency at River
Valley)
3. Other landscaping standards: Parking lot landscaping is required in accordance with the
standards listed in UDC 11-3B-8C.
Great Wa11 Restaurant CUF Fage 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008
i. Required dimensional standards for the C-G zone, per UDC 11-2B-3:
.. ~,4
Front setback in feet 0
Rear setback in feet 0
Interior side setback in feet 0
Street landsca a buffer in feet
Local 10
Collector 20
Arterial 25
Entr wa corridor 35
Interstate 50
Landscape buffer to residential uses 25 [see note below]
in feet ""`
Maximum buildin hei ht in feet 65
Maximum building size without 200,000
design standard approval as set
forth in 11-3A 3 in s uare feet
Parking requirements See Chapter 3 Article C. off-street parking and loading
re uirements
Landsca in requirements See Cha ter 3 Article B. landsca in re uirements
k bB r~+}r
ari
n
Pi _
fht-of-~`~' ~` shgwn
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•
r,~lse of existing res~ `
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"' ~ ~ ! '~ ;t- ~ ~,ie Rifeafar,: ~?.t~e adjacent property
Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access for
this site is prapased from one temporary access point to/from N. Eagle Road previously approved
with VAR-08-004. Upon development of the parcels to the south, a backage road will be required
which will provide access to the subject property via cross-access easements from the future
extension of River Valley Street. Staff and TTD are supportive of the proposed temporary access
to/from the site via Eagle Road as approved with VAR-08-004. Please see Staff s comments
below in Section 10, for more information.
7. COMMENTS MEETING
On August 29, 2008, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary
Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B
below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use -
Regional." In Chapter VII of the Comprehensive Plan, mixed use areas generally provide for a
combination of compatible land uses that are typically developed under a master or conceptual plan.
The purpose of the mixed use designation is to identify key areas which are either infill in nature or
situated in highly visible ar transitioning areas of the city where innovative and flexible design
opportunities are encouraged. The intent of this designation is to offer the developer a greater degree
of design and use flexibility.
The purpose of the MU-R category is to designate areas at prominent corners of major arterials for
developments that provide a mix of employment, retail, and residential or public uses. The
Great Wall Restaurant CLIP Page 5
CITY QF MERIDIAN PLANNING DEPARTMENT STAFF REPQRT FpR THE HEARING DATE OF SEPTEMBER 18, 2008
developments should be anchored by uses that have a regional draw with the appropriate supporting
uses. For example, an employment center should have support retail uses; a retail center should have
supporting residential uses as well as supportive neighborhood and community services. The detailed
standards for the category provide an incentive for public and quasi/public uses where they provide a
meaningful and appropriate mix to the development. The intent is to integrate a variety of uses,
including residential and to avoid predominantly single use developments such as a regional retail
center with only restaurants and other commercial uses. The following standards will apply to this
category:
o Residential uses shall comprise a minimum of 10% of the development area at densities
ranging from 6 to 40 units/acre
o Retail uses shall comprise a maximum of 50% of the development area
o There is neither a minimum nor maximum imposed on non-retail commercial uses such as
office, clean industry, or entertaimnent uses
o All developments shall have a mix of at least three of the four types of uses: retail, non-retail
commercial, public/quasi-public and residential
o Where the development proposes public and quasi-public uses to support the development,
the developer maybe eligible for additional area for retail development (beyond the allowed
50%), based on the ratios below:
- Supportive public and quasi-public uses would include parks, plazas, outdoor dining and
gathering areas, open space, environmental restoration, libraries, public schools, etc.
- All such areas must be open to the public and not limited to patrons of the development.
- For land that is being donated (or nominally sold) to the public, such as a library or
school, the develaper is eligible fora 2:1 bonus. That is to say, if there is a five-acre
library site, the project would be eligible far ten additional acres of retail development.
- For active open space or passive recreation areas, such as a park, tot-lot or playfield, the
developer is eligible fora 2:1 bonus. That is to say, if the park is 10 acres in area, the site
would be eligible for 20 additional acres of retail development.
- For plazas that are integrated into a retail project, the develaper shall be eligible fora 6:1
bonus. Such plazas should provide a focal point (such as a fountain, statue, and water
feature), seating areas, and some weather protection. That would mean that by providing
a half-acre plaza, the develaper would be eligible for three additional acres of retail
development.
Sample uses include: All MU-N (grocery stores; drug stores, coffee/sandwich shops, dry
cleaner/Laundromat, salons, daycare, professional offices, medical/dental clinics, retaiUgift
shops, schools, parks, churches, clubhouses, public uses) and MU-C (clothing stores, garden
centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station,
department stores) categories, entertainment uses, major employment centers, clean industry.
Staff believes that the proposed restaurant use of the property is consistent with the MU-R
designation. (please see Analysis, Section 10 below for more information).
Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis below policy in italics):
Chapter VII, Goal IlI, Objective A, Action 1. -Require that development projects have
planned for the provision of all public services.
Great Wall Restaurant CUP Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008
When the City established its Area. of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the subject
property in the following manner:
- Sanitary sewer and water service will be extended to the project at the developer's
expense.
- The subject lands currently lie within the jurisdiction of the Meridian City Fire
Department.
- The subject lands currently lie within the jurisdiction of the Meridian Police Department
(MPD).
- The roadway adjacent to the subject lands are currently owned and maintained by the
Idaho Transportation Department (ITD). This service will not change.
- The subject lands are currently serviced by the Meridian School District No. Z. This
service will not change.
- The subject lands are currently serviced by the Meridian Library District.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
• "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points on arterial streets." (Chapter VI, Goal II, Objective A, Action item 12)
Upon development of the properties to the south of the subject property, a backage road will
be constructed for access to the site and cross-access will be required for all properties for
access to/from the future extension of E. River Palley Street. Until such time, the site was
approved a temporary access to Eagle Road.
When this property was annexed with the Redfeather #2 development, the City planned for
inter-connectivity between the subject property (the Schrammek property) and the property to
the north (the Bryson property). Since that time, the Gateway Marketplace development was
approved north of the Bryson property. At that time, cross-access was required to be granted
to the Bryson property for_future access. Also, when the Bryson property develops, Allys Way
will be required to be extended along the east property boundary, which will also provide
access to the site. Staff does not believe that it is necessary or feasible to require the
applicant to construct or share the cast of a bridge across the South Slough as access will be
provided to both properties without the need far access to an arterial street (Eagle Road).
• "Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4)
A 35-foot wide landscape street buffer is required along N. Eagle Road, a principal arterial
street. Said buffer should be landscaped in accordance with the standards listed in UDC 11-
3E-7C and installed prior to occupancy of the proposed building on this site.
"Permit new .commercial development only where urban services can be reasonably
provided at the time of fmal approval and development is contiguous to the City." (Chapter
IV, Goal I, Objective A, Action item 6)
This property is currently in the City and is able to be provided with City services.
"Plan for a variety of commercial and retail opportunities within the Impact Area."
(Chapter VII, Goal 1, Objective B)
Great Wall Restaurant CUP Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008
Stay' believes that the proposed restaurant will contribute to the variety of uses in this area
of the City.
* Chapter V, Gaal I, Objective A, Action 11 -Improve and protect creeks (Five Mile, Eight
Mile, South Slough ...etc.) throughout commercial, industrial, and residential areas.
The South Slough crosses the northeast corner of this property. Staff does not believe that
improving the creek is necessary as mast of it is off-site. However, Staff does believe that the
waterway may present a safety hazard to small children visiting the restaurant. Far this
reason, Staff is recommending thatfencing be installed along the north boundary of the site.
"Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Objective D, Action item. S)
Internal parking lot landscaping is proposed with this application and should be installed
and maintained in accordance with the applicable standards listed in UDC 11-38-7 and 11-
3E-8.
Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible
with the existing and future surrounding uses. Staff recommends that the Commission rely on any
verbal or written testimony that may be provided at the public hearing when determining if the
applicant's request is appropriate for this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the principal permitted,
accessory, and conditional uses in the C-G zoning district. Restaurant uses are principally
permitted in the C-G district. The Applicant is requesting a CUP per requirement of the DA for
all future uses on this site.
b. Purpose Statement of the Commercial Districts: The purpose of the commercial districts is to
provide for the retail and service needs of the community in accord with the Meridian
Comprehensive Plan. Four districts are designated which differ in the size and scale o£
commercial structures accommodated in the district, the scale and mix of allowed commercial
uses, and the location of the district in proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP
request as proposed, with the following comments:
CUP: The applicant is requesting CUP approval in accordance with the DA requirements far
Redfeather Subdivision No. 2. Per the DA, "All future uses of the property shall be approved only
through the CUP process." The applicant has submitted a site plan (dated: 9/08, prepared by Mike
Fairchild, labeled as Sheet A1) and building elevations (dated: 9/07, prepared by Mike Fairchild,
labeled as Sheet A3) showing haw the property is proposed to develop with a ~~ 6,772,
square foot Great Wall Chinese Restaurant. (The applicant's narrative states that there will be a
drive-thru window associated with the restaurant; however, the drive-thru was not called out on
the site plan or discussed fn their pre-application meeting. Staff discussed with the applicant the
details of the proposed drive-thru. The applicant stated that the owner wanted the drive-thru
window to be located on the east side of the building; however, there is not sufficient room for a
2-way drive aisle for the parking area and adrive-thru. The applicant decided to withdraw the
request for adrive-thru window far this reason.)
Great Wall Restaurant CUP Page 8
C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008
Conceptual Master Plan: The DA in effect for this site requires a conceptual master plan to be
submitted prior to any detailed CUP application to demonstrate interconnectivity, transitional
uses, access paints, and other key land planning issues. The applicant has submitted a conceptual
master plan which includes the subject property and the properties to the south (see Exhibit A.5).
This plan shows a common drive aisle for access to all of the properties on the south side of the
South Slough from the future extension of E. River Valley Street. It also shows the recently
approved Regency at River Valley multi-family residential development to the east. Staff believes
that the applicant has sufpiciently demonstrated how development of the subject property will tie
in with those to the south and east when they develop.
The DA requirement for a conceptual master plan to be submitted was intended to apply to the
subject property (referred to a Shrammek) and the Bryson property to the north across the South
Slough. A bridge across the South Slough was originally planned for interconnectivitybetweer
these properties. Due to the development that has taken place and/or been approved for the
property north of the Bryson property and the property east and south of the subject property
(Regency at River Valley) since the site was annexed, Staff believes that interconnectivity and
cross-access has been provided to the subject property and the Bryson property as intended,
although not exactly the way the City had envisioned. Also, there is only about a 30-foot long
section of the South Slough that crosses this site at the northeast corner of the property, the rest of
the South Slough is located off-site. For these reasons, Staff is not recommending the applicant be
required to construct ar submit a road trust for a bridge across the South Slough.
Dimensional Standards: Per UDC 11-2B-3, there is no required front, interior side, or rear
setback in the C-G zoning district. Where landscape buffers are required, buildings zuust be
setback at least the width of the required buffer, regardless of the required setback.
The maximum building height in the C-G district is 65 feet; the restaurant is proposed to be a
maximum height of 24 feet, which complies with this requirement. The maxunurn square footage
of structures in the C-G district is 200,000 square feet without design standard approval.
Access: Access for this site is proposed from one temporary full-access point to/from N. Eagle
Road previously approved with VAR-08-004. Upon development of the parcels to the south, a
backage road will be required to be constructed along the east boundary of all of the properties
from the future extension of River Valley to the subject property. This backage road will provide
access to the subject property via cross-access easements across the parcels to the south. An
access (bridge) to the north is not proposed for interconnectivity and cross-access to the Bryon
property and Staff is not requiring one be provided.
Parking: Per UDC 11-3C-6B, in commercial districts, one off-street parking space is zequired
per 500 square feet of gross floor area. Based on the total square footage of the proposed structure
(~ n~ 6,772 s.£), 22 parking stalls are required; 56 spaces are proposed to be provided.
Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for
every 25 vehicle spaces, or portion thereof, in compliance with the standards listed in UDC
11-3C-5C. Per this requirement, a minimum of 2 bicycle spaces are required to be provided
on the site.
Site Plan: Staff has reviewed the site plan included in Exhibit A.2 submitted with this
application. The following items should to be shown on a revised site plan submitted with the
Certificate of Zo~ling Compliance application:
• Per UDC 11-3C-6G, provide a minimum of 2 bicycle parking spaces on the site in
compliance with the standards listed in UDC 11-3C-SC.
Per UDC Table 11-2B-3, a 35-foot wide street buffer is required along N. Eagle Road;
revise plan accordingly. The buffer shown scales out at approximately 34 feet in width.
Great Wall Restaurant CUP Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEP'T'EMBER 18.2008
• Either widen the landscape buffer adjacent to the row of parking along the south property
boundary to 7 feet to allow for vehicle overhang and shorten the stall lengths to 17 feet or
install wheel stops within the parking stalls to prevent vehicle overhang into the
landscape area, per UDC 11-3C-SB4.
• The trash enclosure is depicted within NMID's easement for the South Slough; the trash
enclosure should be relocated outside of the easement unless approved in writing by
NMID prior to CZC submittal.
Landscaping: Staff has reviewed the landscape plan, included as Exhibit A.3, submitted with this
application. The following items should be shown on a revised landscape plan submitted with the
Certificate of Zoning Compliance:
Per UDC Table 11-2B-3, a 35-foot wide street buffer is required along N. Eagle Road;
revise plan accordingly. The buffer shown scales out at approximately 34 feet in width.
Per UDC Table 11-2B-3, a 25-foot wide buffer to residential uses is required along the
east boundary of the site adjacent to the future multi-family residential development as
shown. Said buffer shall be landscaped in accordance with the standards listed in UDC
11-3B-9C for landscape buffers to adjoining uses. Per these standards, all buffer areas
shall be comprised of, but not limited to a mix of evergreen and deciduous trees, shrubs,
lawn or other vegetative groundcaver. The required buffer area shall result in a barrier
that allows trees to touch at the time of tree maturity. Revise the plan to comply with this
requirement.
• Two trees are depicted within NMID's easement for the South Slough; these trees shall
be relocated elsewhere on site outside of the easement unless approved by NMID.
• Per UDC 11-3B-8C2d, each interior planter that serves a double raw of parking spaces
shall have at least two trees. Add trees accordingly in the planter islands on the north and
south ends of the double row of parking on the east side of the building.
• Either widen the landscape buffer adjacent to the row of parking along the south property
boundary to 7 feet to allow for overhang and shorten the stall lengths to 17 feet or install
wheel stops within the parking stalls to prevent overhang into the landscape area, per
UDC 11-3C-SB4.
• Per UDC 11-3B-8Clb, the perimeter landscape buffer shall be planted with one tree per
35 linear feet and shrubs, lawn, or other vegetative groundcover. Per this requirement,
add one additional tree within the buffer along the south property boundary.
• Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on
implementing the proposed protection and mitigation plan for the existing trees on site.
The Applicant shall contact Elroy Huff, Parks Department, for confirmation of the
caliper inches of trees to be mitigated and approval of the tree mitigation plan.
Multi-Use Pathway: Per UDC 11-3H-4C3, a 10-foot wide multi-use pathway is required along
SH 55 (Eagle Road). Said pathway shall be placed within a public use easement and
streetlights and landscaping shall be installed in aceordance with the Eagle Road Corridor
Study. According to the Meridian Pathways Master Plan, the City's multi-use pathway system is
not planned to cross this site. A portion of the pathway is planned along the north side of the
South Slough to the east of this site on the Regency at River Valley property but does not follow
along the South Slough all the way to the subject property. Instead the pathway crosses the South
Slough at a bridge and extends south to the future extension of River Valley Street and goes west
to the Eagle/River Valley intersection.
Great Wall Restaurant CUP Page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE QF SEPTEMBER 18, 2008
Hours of Operation: The proposed hours of operation for the restaurant are from 11 am to 10
pm. Staff does not object to the proposed hours of operation.
Easements: An NMID irrigation district easement for the South Slough runs along the north
boundary of the site. No structures maybe built or landscaping installed within this easement
unless approved by NMID.
Fencing: No fencing is proposed with this application. The South Slough crosses the northeast
corner of the site and is adjacent to the north property boundary. There is an existing irrigation
district easement for the South Slough along the northern boundary of the site. Because Staff
feels that the South Slough may present a safety hazard to small children visiting the
restaurant, Staff is recommending that the applicant install fencing in accordance with
UDC 11-3A-6B3 generally along the north property boundary as allowed through a license
agreeme~ut with NMID.
Ditches, Laterals, and Canals: The South Slough. runs adjacent to the north/northeast boundary
of this site and crosses the northeast corner of the site. Per UDC 11-3A-6, all irrigation ditches,
laterals or canals, exclusive of natural waterways and waterways being used as amenities, which
intersect, cross or lie within the area being subdivided shall be covered. The South Slough is a
natural waterway and will remain open. Per the Comprehensive Plan, the South Slough should
be improved and protected with development of this property. Staff does not believe that it is
necessary to improve the South Slough with development of this site as most of the waterway is
located off--site. However, Staff is requesting that fencing be installed along the northern
boundary of the site to prevent small children from accessing the waterway (see above).
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, asingle-
point connection to the culinary water system shall be required. If a single-point connection is
utilized, the developer will be responsible for the payment of assessments for the common areas
prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation
system should be installed to all landscape areas per the approved specifications ar~d in
accordance with UDC 11-3A-15 and MCC 9-1-28.
Building Elevations: Building elevations for the proposed restaurant were submitted with the
CUP and Design Review applications and are included in Exhibit A.4. Exterior materials are
proposed to consist of stucco with the roofmg per the architectural drawing. The other color
photo elevation included in Exhibit A.4 is shown as a representation of the colors that will be
used on the building and does not represent the architectural style of the proposed structure. The
proposed building shall be generally constructed in accordance with the elevations shown in
Exhibit A and the conditions of approved included in Exhibit B. Staff is generally supportive of
the proposed elevations with the conditions noted below .under the Design Review section (see
below).
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior
to issuance of building permits, for the proposed restaurant. The site/landscape plan submitted
with the CZC shall be revised to comply with the conditions of approval listed in Exhibit B of
this report. All improvements must be installed prior to occupancy.
DESIGN REVIEW: Per UDC 11-3A-19B, because the site is located adjacent to an entryway
corridor (Eagle Road), the proposed structure and site are subject to the design review standards
listed in UDC 11-3A-19C. The applicant has applied for Design Review approval with the subject
CUP application.
Great Wall Restaurant CUP Page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18; 2008
The applicant shall comply with the design standards listed in UDC 11-3A-19C as follows:
1. Architectural Character:
a. Facades: Facades visible from a public street shall incorporate modulations in the
facade, roof line recesses and projections along a minimum of twenty percent (20%)
of the length of the facade. The roofline of the building,fa~ade visible.from Eagle
Road modulates in height far 25% of the facade length, which meets this
requirement.
b. Primary public entrance(s): The primary building entrance(s) shall be clearly
defined by the architectural design of the building. Windows; awnings, or arcades
shall total a minimum of thirty percent (30%) of the facade length facing a public
street. The primary building entrance is defined by a raised and projected.fa4ade on
the east side of the building. The west elevation facing Eagle Road does not comply
with the requirement for windows, awnings, or arcades to total a minimum 30% of
the facade length facing a public street; the elevations shall be revised to comply
with this requirement. The applicant should bring revised elevations to the public
hearing.
c. Raaf lines: Roof design shall demonstrate two or more of the following: a)
overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying
parapet heights; and e) cornices. The proposed roof design incorporates varying roof
planes and parapet heights, and sloped roofs, which complies with this requirement.
d. Pattern variations: At least two (2) changes in one (1) or a combination of the
following shall be incorporated into the building design: color, texture and/ materials.
The building is proposed to consist of stucco and rock with rile roofZng and be two
colors, which complies with this requirement.
e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall
be screened to the height of the unit as viewed from the property line. The applicant
states in their narrative that all roof top mechanical units will be completely screened
from view as required. All ground-level mechanical equipment is also required to
be screened, as required.
2. Color and materials: Exterior building walls shall demonstrate the appearance of high-
quality materials of stone, brick, wood or other native materials. Acceptable materials
include tinted or textured masonry block, textured architectural coated concrete panels,
tinted or textured masonry block, or stucco or stucco-like synthetic materials. Srnaoth-
faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited
except as accent materials. Exterior building materials are proposed to consist of two
different colors of stucco as depicted in the color sample in Exhibit A.4 with rock accents
and a the roof, which complies with this requirement. (Note: The building elevations do
not depict rock as an accent material but the applicant has stated in their narrative that
rock will be used as a building material.)
3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the
structure shall be located between the front facade of the structure and abutting streets,
unless the principal building(s) and/or parking is/are screened from view by other
structures, landscaping and/or berms. The parking shown on the site plan complies with
this requirement. (No parking is shown between the structure and Eagle Road,.)
Great Wall Restaurant CUP Page 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008
4. Pedestrian walkways:
a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in
width shall be provided from the perimeter sidewalk to the main building entrance.
The walkway width shall be maintained clear of any outdoor sale displays, vending
machines, or temporary structures. An 8 foot wide walkway is proposed from the
sidewalk along Eagle Road to the sidewalk leading to the main entrance of the
structure, as required.
b. The internal pedestrian walkway shall be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks. NA (The
required walkway does not cross vehicular driving surfaces.)
c. Walkways at least eight feet (S') in width, shall be provided for any aisle length that
is greater than one-hundred Fifty (150) parking spaces or two hundred feet (200')
away from the main building entrance. NA (No aisle ,lengths exceed 150 parking
spaces or are greater than 200' away from the main building entrance on the site.)
d. The walkways shall have weather protection (including but not limited to an awxung
or arcade) within twenty feet (20') of all customer entrances. The applicant states
that the entire front of the building will be protected from the weather by a covered
walk.
b. Staff Recommendation: Staff recommends approval of CUP-0$-022 for a restaurant, as
presented in the Staff Report for the hearing date of September 18, 2008, based on the
Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in
Exhibit S. The Meridian Planning and Zoning Commission heard this item o_n _Se~tember
18, 2008. At the public hearing, they moved to aunrove CUP-08-022.
11. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan RE( VISED: dated 9/08, labeled as Sheet A1, prepared by Mike Fairchild Architect)
3. Landscape Plan (REVISED: dated 10/26/07, labeled as Sheet L1.0, prepared by The Land
Group)
4. Building Elevations (REVISED: dated 9/07, labeled as Sheet A3, prepared by Mike
Fairchild Architect)
5. Conceptual Master Plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
Great Wall Restaurant CUP Page 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARTNG DATE OF SEPTEMBER 18, 2008
$. Idaho Transportation Department
C. Required Findings from the Unified Development Code
A. Drawings
1. Vicinity Map
Great Wall Restaurant CUP Page 14
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008
2. Site Plan (REVISED: dated 9/08, labeled as Sheet Al, prepared by Mike Fairchild Architect)
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Exhibit C
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008
3. Landscape Plan (REVISED: dated 10/26/07, labeled as Sheet L1.0, prepared by The Land
Group)
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Exhibit C Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 'DATE OF SEPTEMEER 18, 2008
4. Building Elevations (REVISED: dated: 9/07, labeled as Sheet A3, prepared by Mike Fairchild
Architect
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Exhibit C Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008
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ExhibiC C Page 5
CITY OF MERIDIAN PLANNING DEPARTIviENT STAFF REPORT FOR THE HEARING DATE OF S1;PTI;MBER 18, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site plan, attached as Exhibit A.2, is approved, with the conditions listed herein. The
Applicant shall comply with all applicable conditions of approval associated with this site (AZ-
03-021 and Development Agreement Instrument No. 1Og129529, and VAR-08-00~}). The
applicant shall revise the site plan(s) as follows:
a. Per UDC 11-3C-6G, provide a minimum of 2 bicycle parking spaces on the site in
compliance with the standards listed in UDC 11-3C-SC.
b. Per UDC Table 11-2B-3, a 35-foot wide street buffer is required along N. Eagle Road; revise
plan accordingly.
c. Either widen the landscape buffer adjacent to the row of parking along the south property
boundary to 7 feet to allow for vehicle overhang and shorten the stall lengths to 17 feet or
install wheel stops within the parking stalls to prevent vehicle overhang into the landscape
area, per UDC 11-3C-SB4.
d. The trash enclosure is depicted within NMID's easement for the South Slough; the trash
enclosure should be relocated outside of the easement unless approved by NMID.
e. Six-foot tall chainlink fEencing shall be installed in accordance with the standards listed in
UDC 11-3A-6B3 along the north property boundary adjacent to the South Slough, as allowed
through a license agreement with NMID.
l .2 The landscape plan, attached as Exhibit A.3, is approved with the following modifications:
a. Fer UDC Table 11-2B-3, a 35-foot wide street buffer is required along N. Eagle Road; revise
plan accordingly.
b. Per UDC Table 11-2B-3, a 25-foot wide buffer to residential uses is required along the east
boundary of the site adjacent to the future multi-family residential development as shown.
Said buffer shall be landscaped in accordance with the standards listed in UDC 11-3B-9C for
landscape buffers to adjoining uses. Per these standards, all buffer areas shall be comprised
of, but not limited to a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative
groundcover. The required buffer area shall result in a barrier that allows trees to touch at
the time of tree maturity. Revise the plan to comply with this requirement.
c. Two trees are depicted within NMID's easement for the South Slough; these trees shall be
relocated elsewhere on site outside of the easement unless approved by NMID.
d. Per UDC 11-3B-8C2d, each interior planter that serves a double row of parking spaces shall
have at least two trees. Add trees accordingly in the planter islands on the north and south
ends of the double row of parking on the east side of the building.
e. Either widen the landscape buffer adjacent to the row of parking along the south property
boundary to 7 feet to allow for overhang and shorten the stall lengths to 17 feet or install
wheel stops within the parking stalls to prevent overhang into the landscape area, per UDC
11-3C-SB4.
f. Fer UDC 11-3B-8Clb, the perimeter landscape buffer shall be planted with one tree per 35
linear feet and shrubs, lawn, or other vegetative groundcover. Per this requirement, add one
additional tree within the buffer along the south property boundary.
g. Per UDC 11-3B-10, the applicant should work with the City Arbarist, Elroy Huff, on
implementing the proposed protection and mitigation plan for the existing trees on site. The
Exhibit C Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER I8, 2008
Applicant shall contact Elroy Huff, Parks Department, for confirmation of the caliper
inches of trees to be mitigated and approval of the tree mitigation plan.
1.3 A 10-foot wide detached multi-use pathway shall be constructed on the site along N. Eagle Road
(SH 55), per UDC 11-3H-4C3, as proposed. Said pathway shall be constructed within a public
use easement. Streetlights and landscaping shall be installed consistent with the Eagle Road
Corridor Study.
1.4 The applicant's request for Design Review (DES-0$-019) approval of the proposed structure and
site is approved with the following modifications to the building elevations:
a. Windows, awnings, or arcades shall total a minimum 30% of the facade length facing Eagle
Road, per UDC 11-3A-19C. The applicant submitted revised, elevations at the public
hearin that. com l with this re uirement included in Exhibit A .
1.5 Building elevations for the proposed restaurant shall comply with the elevations shown in Exhibit
A.4, with the condition of approval noted above. Building materials shall consist of stucco with
rock accents and a the roof, at a minimum.
1.6 Access to Eagle Road is approved temporarily until such time as the properties to the south
develop and a common drive aisle is constructed from the subject property to the future extension
of E. River Valley Street. At such time, the temporary access shall be removed and all access
shall be provided from E. River Valley Street; direct lot access to Eagle Road shall be prohibited.
The landscape buffer and 10-foot wide multi-use pathway adjacent to Eagle Road shall also be
constructed at the time the temporary access is removed.
1.7 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that
comply with the site plan, building elevations, and conditions of approval listed herein, prior to
issuance of building permits.
1.8 A common drive aisle shall be constructed along the east boundary of the site as proposed. A
cross-access easement shall be granted to the properties to the south to E. River Valley Street. A
copy of the recorded cross-access easement shall be submitted with the Certificate of Zoning
Compliance application for this site.
1.9 Unless modified by the Commission, business hours of operation are not limited for this use on
this site.
1.10 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the farm of a letter of credit or cash in the amount of 110% of the cost of the
required improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
1.11 No new signs are approved with this CUP application. All business signs require a separate sign
permit in compliance with the sign ordinance (UDC 11-3D).
1.12 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use permit must be obtained prior to operation.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Eagle
Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of
Exhibit C Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008
easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in N Eagle Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms.
The easement shall be graphically depicted on the plat for reference purposes. Submit an
executed easement (on the form available from Public Works), a legal description, which must
include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-$ contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
issuance of an occupancy permit
Exhibit C Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING i]ATE OF SEPTEMBER I8, 2008
2.11 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved priar to obtaining
certificates of occupancy.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.15 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the building pad is at least 1-foot above.
2.17 The applicants design engineer shall certify that all seepage beds out of the public right- of-way
are installed in accordance with the approved design plans. This certification must be received by
the City of Meridian Public Works Department prior to the project receiving final approval.
2.18 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
3. FxRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be placed 18" above finished grade to the center of the 4 %a" outlets.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed ar existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000
GVW.
3.5 For all Fire Lanes provide signage "No Parking Fire Lane".
3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical
clearance of 13'6.
3.7 operational fire hydrants, temporary or permanent street signs and access roads with an all weather
Exhibit C Page 9
CITY OF MERIDIAN PLANNING bEPARTMENT STAFF REPORT FpR THE HEARING BATE OF SEPTEMBER 18, 2008
surface are required before combustible construction is brought on site.
3.8 Building setbacks shall be per the International Building Code for one and two story construction.
3.9 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.10 The fire department requests that any future signalization iustalled as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.11 Maintain a separation of 5' from the building to the dumpster enclosure.
3.12 Provide a Knox box entry system for the complex prior to occupancy.
3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to cazlnply with the International Fire Code.
3.14 All portions of the buildings located on this project must be within. 150' of a paved surface as
measured around the perimeter of the building.
3.15 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.16 There shall be a fire hydrant within 100' of all fire department connections.
3.17 Buildings over 30' in height are required to have access roads in accordance with The International
Fire Code Appendix D Section D105.
3.18 Multi-Family and Commercial projects shall be required to provide additiona160" wide access point
to the building from the fire lane to allow for the movement of manual fire suppression equipment
and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that
building access is provided in such a manner that the mast remote part of a building can be reached
with a length of 150' fire hose as measured around the perimeter of the building from the fire lane.
Code complaint Handicap parking stalls maybe included to assist meeting this requirement. Contact
the Meridian Fire Department for details per IFC Section 504.1.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns with the site design as submitted with the application.
6. SANITARY SERVICES COMPANY
6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site
plan from SSC.
6.2 Waste enclosure access: The applicant shall provide drive-on capability for 6 and 8 cubic yard
containers. Allow a minimum of 60 ft. frontal clearance for such containers.
6.3 Waste enclosure gate locks: The applicant shall provide gate locks for both open and closed
positions.
ExhibiC C Page
10
CITY OF MERIDIAN FLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008
6.4 Waste enclosure dimensions: The applicant shall provide a minimum of 12 ft. clearance inside of
the enclosure gates with the gates in the open position.
7. ADA COUNTY HIGHWAY DISTRICT
~* ~~~~
~i~w.w.+~ad~o ~r~r
r~ .~ Nace~ t
Sherry R. krber, 7.St Y~ r~r
Rare rYiras, god lfirn Wesdar
loin 5. Fraode~ rbmme®oner
Re6e® W. Amok, Camnussior~er'
S~bember 5, ZDOB
Tar_ Krwarr Chan
2064 Doe Creek Way
BRise, tdaha 83709
Sufyed_ C-great Wa1 Restaurant
MCUP-0B-022
2b9C1 M. F~gle Road
The Ada Crlrmty ~9~Y District (AC~D)1'lann~g Review staff has revivre~d your application far
rearme of the above properly and determined the foNowing FN~fDlMGS OFFACT_
The site has frontage on SH~agle Road, which is under the ~urisdictron of IlU-
The site a6rrts the Proposed Regency at River Varley develRpmer#: to the east- Regenry at River
VaAey is required to extend Rarer V k3y Sheet east of SI-~551Eagle Road, and to provide crtlss-
aocess do all abutting parcels that front SH-SblEagie Road_
Based cur these findings, ACtiD Plarxrrtg Review staff approves this appti~ with the fCrNowing
REGf)sllgl'EJItl7G471(1~M5 ,IR R~Et7tIaRF/~dVIS:
* cor~l~with requirernerrfs of ffD and City of Meriden for the s1+55fEagle Road tror~e_ Submit
tca the strict a letter from ITD ~ardirrct said nequrerrMerrts prior to isstrartae of a bu~ang .pem~at (or
otl^ier n3gEired permks). Carrhad lire District tlt Traffic Engineer at 334-834€1.
Any direct access ~nta SH-~I'Eagla Road should be temporary, and should be revoked Race the
site gains access to River Valley Street east of SH--55~g1e Road-
Poor m final rappno~ial ]~ wiig need to submit construction plans t4 the ACHQ
Drw+elapmerrt Fdeview Departrrrerrt to insure campliarrce with dtie candidor~ iderrUiied
above ar for traffic impact fee ~essrrr>"rrt This ig a sepersbe review prvoe~ prat
requires died pans submittal to the Dewelnprinerrt Review staff at the Highway
Dislaid.
+ A t~l'ic impact fee wiM be messed b!1 AdCHD and will be due prior to dre rx of
a building pemrit. Contact ACRD Planning 8 Devebpment ~ at 3871711 for
irfornr>riion -~egerdrng impact fees.
8 Y~ have ~ questions, p0ease feel free to contact me at (208) 387~187-
Sirx~erely,
~~
Malt I"ctrnond
Plarxter III
Rigfrt~f~fHay and Develapmer>t Services
CC: Probed fie
Mike Faird~ild
Swrya Wallets, Meriden City Ptarrrring Department (Sent ++fa E-rr~r7j
Exhibit C Page
11
C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008
8. Idaho Transportation Department
i,
vaNO ttlp~o . waNSPOR7'J4TtaM g8Pp1iYNEtW7
p o. t3ox t3112S
~ * tom, to t~~o~-tea. Cpl 33~-~~00
~td.[calki.goy
.~ F
~~
~~
Atrgttat 28, ZQQS
City of Mer#dian
Plantairtg Department
660 E. VVatettawer Lane Suite 2b2
?Wlerid#an, Idsha 836~t2
FAX $$8-6854
Re: I.acatian: 259t1~ Eagle Rnad
Route: SH 55' .MP 13.75
Name: Kinsan Chan -Great Wall Restaurant
Case Na. CL7P 08-022
H~triag Date:.Scpternber 1$-, 2QO8
Dear 7.oning:Admini.5tratcir,
~ ~ ~' n
ar+n~°i~ ~ pa~~~
P1
A.cccsa to F~agle Rvail should be at locatiogs. that ca~mply w#.th the.ITD access policy and the Eaglc Road.
Infiraa~,tcteyt~e Plan anly: We arc t~ueating a condition of the CUP be that the access shgvsinn on the site plan
vd#!l b$ temporary until stack time that .R#ver Valley Street is, canstructed. W1ien River VII-Uey Street i s
c~rrstru+c~ed the temporary access will be reFnovad and all a~ccess,wil.l bo from Riirer Valley Street..
Any and aU access points, and any other amenities such as landscap#xtg within the.aighi cif way, will require
a perrr-it from I'I'D. Access issues should be r~salyed.as soon as passi6lc.
.Any vi~ork dons on the State Right of Way will require a pcrntit. Permit applications arm available frarn this
office, F1easB have the applicant earatact Matt Ward at 81.511 Cliinden .blvd 837' 14 in 13oise ar t;xil1 (2p$l 334-
13341 to obtain a permit applieatiott.
If ynu haws any questions please call the at 3348377,
sincerely,
~~~.~~.
Pam Golden P.E:
Access Management Eragin~i
Exhibit C Page
12
CITI' OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008
C. Required Conditional Use Permit Findings from UDC
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The Commission finds that the existing site is large enough to accommodate the proposed use and
comply with the dimensional and development regulations of the C-G zoning district.
Staff recommends the Commission rely on Staff's analysis and any oral or written public
testimony provided when determining if this site is large enough to accommodate the proposed
use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission finds that the Comprehensive Plan Future Land Use Map designation for this
property is Mixed Use -Regional. The property is currently zoned C-G, which complies with this
designation. The proposed use is generally harmonious with the requirements of the UDC (See
Sections 8 and 10 above for more information regarding the requirements for this use).
3. That the design, construction, operation and maintenance will be compatible with other
uses iu the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area.
The Commission finds that, if the Applicant complies with the conditions outlined in this report,
the Development Agreement and previous conditions of approval for this site, the operation of the
proposed restaurant should be compatible with other uses in the general neighborhood and with
the existing and intended character of the area. Further, Staff believes that the proposed use will
not adversely change the essential character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Commission finds that, if the Applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other property in the area.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
The Commission finds that the site will be adequately served by the previously mentioned public
facilities and services.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the Applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
Exhibit C Page
13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 17ATE OF SEPTEMBER 18, 2008
The Commission recognizes that traffic and noise is a concern; however, the Coxrunission does
not believe that the amount generated by the proposed new use of the property will be detrimental
to any persons, property, or the general welfare of the public. The Commission does not
anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors.
S. That the proposed use will not result in the destruction, lass or damage of a natural, scenic,
or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problenrls
associated with the proposed use. The Commmission finds that the proposed use will not result in
the destruction, loss or damage of any natural, scenic, or historic feature of major importance.
Exhibit C Page
14