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HomeMy WebLinkAboutGreat Wall Restaurant CUP-08-022CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF E IDIAN=~~-- LAW AND ~ -; ~ ,a ~ ~,,:z , DECISION & ORDER In the Matter of the Request for Conditional Use Permit far a 6,772 Square Foot Restaurant per Requirement of the Development Agreement, by I{insan 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 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 The City of Meridian shall exercise the powers conferred upan it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, 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 Cade § 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 OP MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-OS-022 Page I 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the 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 far the hearing date of September 18, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Flanning & Zoning Commission'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: 1. 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 for 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 pezxr~anent footings or structures on or in the ground. Por conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original. date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and 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 ar 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 Code 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 (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Fetitian 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 conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter S2, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 18, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CQNCLUSIONS 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 a `' day of ~ ~~~_.1r , 2008. COMMISSIONER DAVID MOE VOTED (Chair) COMMISSIONER MICHAEL ROHM VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED~LI~ COMMISSIONER TOM O'BRIEN VOTED COMMISSIONER JOE MARSHALL VOTED ~~~ MOE .~ ~ ~ ~, ttest: ~ ~ rF 9~ -: O SLAL - ,, - a Green, Deputy City Clerk: .~ ~~ ~ ~= =,,~ 4,,~ T 19~ . P ``1,. ~~~'~~, ~UIVTY . ~~,.~. Copy served upon Applicant, The Planniftg~D~~artment, Public Works Department and City Attorney. By: Dated: ~~ ' 3 J y~ __ City Cl 's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-022 Page 4 CCTX Ol~ MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TF1E FLEARING DATE OF S `l~ S I -- -,,. STAFF REPORT Hearing Date: September 18, 2008 TO: Planning & Zoning Coxnxnission FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Great Wall Restaurant • CUP-08-022 ,_~,, ~_ _".Lali7 E ~~~~~~~ ~ ~_ ~ ~ ~_ '' , ., P „g ~~. Conditional Use Permit fora y n~ 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 ~9~-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-OS-022 & DES-08-019) were submitted to the Planring Departlrtent far 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 for the Great Wall Restaurant, as presented in the Staff Report for the hearing date of September 18, 2008, based an the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit S. 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 Plannin and Zonin Commission heard this item on Se tember 18 2008. At the public hearing, they moved to aAArove CUP-O8-022. a. Summary of Commission Public Hearin: i. In favor: Mike Fairchild ii. In opposition: None iii. Commenting: None iv. _Written testimony:_None v. Staff resentin a lication: San a Watters vi. _Other staff commentins on application: None b. Kev Issues of Discussion by Commission: i. None c. Kev Commission Changes to Staff Recommendation: Great Wall Restaurant CUP Page ] CITY OF MER1DiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 1$, 2008 i. Approved per the revised site and landscape clans and building elevations presented at the hearing and included in_Exhibit A. ii. Insta116-foot tall chainlink fencing alon~,the,„north property boundary adiacent to the South Slou h er UDC 11-3A-6B3 as re uired in conditiorr of a royal #1.1.e in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to apprpve File Number CUP-O8- 022 as presented in the staff report for the hearing date of September 18, 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 further 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. Continuance 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 Raad (Parcel #51104233802) Northwest''/a 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: C-G (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 WaII Restaurant CUP Page 2 C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008 approval for a -l-A;~9-~ 6,772 square foot restaurant for Great Wall Chinese Restaurant, per requirement of the DA for this site. Design Review approval is also requested for 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 far mare information. 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined 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 zxotice 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 (Stokesberry 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 or private backage street generally paralleling Eagle Road shall be incorporated i~ato tlae design of future site plans; and 3) A conceptual master plan demonstrating interconnectivity, transitional uses, access paints, and other key land planning issues is required prior to any Great Wall Restaurant CUP Page 3 CITY OF MERIDIAN PLANNING HEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008 detailed CUP applications being submitted on either the Bryson or Schrammeck properties for the C-G 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 Road 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 running through the North West portion of this property under the South Slough Issues or concerns: None 2. Vegetation: There are some existing trees on 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: ~ n~ x,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 11-3C-6B, one parking space is required per S00 square feet of gross floor 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 Wall Restaurant CUP Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE QF SEPT.EMBER 18, 2008 i. Required dimensional standards for the C-G zone, per UDC 11-2B-3: ,. 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 ins uare feet Parking requirements See Chapter 3 Article C, off-street parking and loading re uirements Landsca in requirements See Chapter 3 Article B. landsca ~inq re uirements ^: al{ be rhsasureyi tr~rn~ ~ulta~ie ~i~~t-af-~ ' ~s~'icati~'t-as 5ttowrt , ~ 3. ~ ~' .~ r ~ . r~2 'pireatar ~ e,.th~ ad}a,cent, property ,dESl~ria#iDn. ~ :w ti c , Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access for this site is proposed 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 cress-access easezxxents from the future extension of River Valley Street. Staff and ITD are supportive of the proposed temporary access to/from the site via Eagle Road as approved with VAR-0$-004. Please see Staff s comments below in Section 10, for more information. 7. COMMENTS MEETING On August 29, 200$, 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 or transitioning areas of the city where innovative azxd 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 maj or arterials for developments that provide a mix of employment, retail, and residential or public uses. The Great Wall Restaurant CUP Page S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 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 entertainment 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 developer is eligible fora 2:1 bonus. That is to say, if there is a five-acre library site, the project would be eligible for 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 developer 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 developer 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, retail/gift 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 mare 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 III, 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 aj'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. 2. 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, crass-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 eust 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 cost of a bridge across the South Slough as access will be provided to both properties without the need for 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. "Pezxnit new .commercial development only where urban services can be reasonably provided at the time of final 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 Irrlpact 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 Staff believes that the proposed restaurant will contribute to the variety of uses in this area of the City. • Chapter V, Goal 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 most of it is off-site. However, Staff does believe that the waterway may present a safety hazard to small children visiting the restaurant. For this reasvn, Staff is recommending that fencing 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 5) Internal parking lot landscaping is proposed with this application and should be installed and maintained in accordance with the applicable standards listed in UDC I1-3B-7 and 11- 38-8. 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 far this property. 9. ZONING ORDINANCE a. Allowed Uses io. 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 of commercial structures accotnrnodated in the district, the scale and xnix 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 GUP request as proposed, with the following comments: CUP: The applicant is requesting CUP approval in accordance with the DA requirements for 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 how the property is proposed to develop with a ~ d,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 in 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 for this reason.) Great Wall Restaurant CUP Page 8 CITX 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 points, 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 sufficiently 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 interconnectivitybetweee 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 or 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 must 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 maximum 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 froze 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 required per 500 square feet of gross floor area. Based on the total square footage of the proposed structure (~&~-~ 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 Zoning 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 OP SEPTEMBER 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 af, but not limited to a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative graundcover. 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. • Fer 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. • 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 sta111engths to 17 feet ar 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, ar 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 accordance 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 REFORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008 Hours of Operation: The proposed hours of operation for the restaurant are from 11 am to 10 ptn. 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 ar landscaping installed within this easement unless approved by NMID. Fencing: Na 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 agreement 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 Pdan, 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 utilzze any existing surface ar 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 asingle-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 and 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 roofing 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 CLIP 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 facade visible from Eagle Road modulates in height for 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 facade on the east side of the building. The west elevation facing Eagle Road does not comply with the requirement far 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. Roof 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 the roofing 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 tap mechanical units will be completely screened from view as required. Ald ground-level mechanical equipment is also required to be screened, as required 2. Color and materials: Exterior building walls shall dernpnstrate 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. Smooth- 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. Parluing 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 (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. NA (No aisle ,lengths exceed 150 parking spaces or are greater thun 200' away from the main building entrance on the site.) d. The walkways shall have weather protection (including but not limited to an awning 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-08-022 for a restaurant, as presented in the Staff Report for the hearing date of September 18, 200$, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Planning and Zoning Commission heard this ite_m_ on Se1tt_e_mber 18 2008. At the ublic hearin the moved to a rove CUP-08-022. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (REVISED: dated 9/08,1abeled as Sheet Al, 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 CUF Page l3 CITY OF MERIDIAN PLANNWG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008 8. Idaho Transportation Department C. Required Findings from the Unified Development Code A. Drawings 1. Vicinity Map Great Wa11 Restaurant CUP Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER I8, 2008 2. Site Plan (REVISED: dated 9/0$, labeled as Sheet Al, prepared by Mike Fairchild Architect) Q~] Exhibit C Page 2 CITY OF MERIDIAN FLANKING 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 La>tad Greup) ~~ PLN~FT SdiEIXJLE J ~ J Q •~ -":`~~~i ~: +~~ ~:'~: t'~... ~....._tiy~... ..,.....~~ 2 Exhibit C Page 3 LL1 ~ ~ m W r ~.. J.N~Ja: 1.~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOIL THE HEARING DATE OF SEPTEMBER 18, 2008 4. Building Elevations REVISED: dated: 9/07, labeled as Sheet A3, prepared by Mike Fairchild Architect -=-= 5 - --- m __ ^ ^ ^ ^ a a ~~ ~~ . ~~ --- ---- ----- -- - - - l~#@9G4'9°~ p u""'I 4 ~n G°~~ Exhibit C Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF SEPTEMBER 18, 2008 5. Conceptual Master Plan {{ ~.:. I.: .` «~ ; _ w ~~.~. r • - ~...~. ~.~ ! 1 ~ ~~ , ~. r I Ti~i l ~ {,d r,~.~.. - .,.. f i,i~1.GL11.1L111.1~`1 ~ ,.,..~~~ ~i' - ~ ,+„ 1. ,. ~ i .. ,...._ ~. ~ f/ ~ 7".^~* C ---J uwunw~ k~ca v.r,,~rx eoa~e ~.~~ mC CVMIM rOVkRY~ Sla/P ~e1~ ap.w -. a.a. ru asr+se u.pa aa4 rwd w.~w~.ew+ _ . +~ , ~ _y,~ ; ., ~ ":~.: ~' _ ~ ,_ ~ ~ ~~- ~. ~rI._ a ~~ ~ ,. ... ~ a ~.. ,~ ~ ~ ` i p .~i ti ~r~... i ~~ ~r ,i i ~ li _. a ~t~i~ _ ~ ~: ~ _ ~ ~ -, ... _ __ ___ y 4 _. __ ,.._ --_.. ~..- __ _ -~- K.CIN/N Pn0'eNri' iY . 7AAMrlcRT~ iTlu41P ~ TWN~ I ~~ID'f Y.MYl-V /..il I~ ~ ~~ LL I g.-! ~.~ ~~K ptu-6~o w~v~q viuiav~ ^e,cn rsle two Exhibit C Page 5 CITY OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE. pP SEPTEMBER 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. 104129529, and VAR-08-004). 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 ehainlink 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. 1.2 The landscape plan, attached as Exhibit A.3, is approved with the following modifications: a. Per UDC Table 11-28-3, 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 do a barrier that allows trees to touch at the time of tree maturity, Revise the plan to comply with this requirement. c. Two trees aze 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 ofparking 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. £ Fer UDC 11-3B-8Clb, the perimeter landscape buffer shall be planted with one tree per 3S 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 Arborist, 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 FpR THE HEARING DATE OF SEPTEMBER 18, 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-08-019) 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 a licant submitted revised elevations at the ublic hearing that.comAlv_with this requirement (included in ExhibitA).] 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 Raad 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 form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.11 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 Fublic 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 autside 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 saurce 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 fvr 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 Departzn.ent. 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 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be 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 S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT 1~OR THE H)rARING DATE OF SEPTEMBER 18, 2008 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior 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. FIRE DIv.PARTMENT 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'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4'/z" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or 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 DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008 surface are required before combustible construction is brought on site. 3.$ 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 installed 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 comply 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 additional 60" 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 most 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 far both open and closed positiotls. Exhibit C Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OP 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 y~www~`s~~r ~n Caen ~ Rre~der,t Sherry R, liter, is Y~ Prudent ~ 8ivaw Zed Y'ioa Oresaderr ]oM S. Frandee4 [~mreri~aner Rrs6eora W.Arrnkl. Carnnrrssiorpr SP.~tefr]t7ef JC. ~$ To: Kirlsan Chary 20fi~4 Doe Creek Way Bose. kiaho 13371}9 Subject: I.~reat Wa4 Restat.rant MCUP-0B~1?~ 2~9t1 N. F_agle Road The Ada Caurrty ~9~Y District (ACRD) Plannig Review staff has nevievwed your application far re~e of the atror~e property and detemlirred ttre faflvwing FIN[]WYGg i]F FACT: • The sibs has frontage on 5H-561Eagle Road, which is under the jlxiradic6ion ~ ITL?_ • The site a6uls the proposed Regency at River Valley development to fhe east. Regency at River Valley s required b extend Rn~r Valley Street east of SI-1-55JEagle Road, and to provide crr~ access to all atwtting pacels that front 5F1-56JEa~e Road_ Based c><l these fQ-d'sx3s, A+CFID Plamirrg Revievr staff approves this applies with idle ~Mawing I~EC+Od~IEN~QATKINS A1~+(]R R~EQtAIRF~fE1VTS: Comply wilh reglirerner>rs of ffD and Cdy of Meridian for the SFt-551Eagle Road irorrtage_ Sutxnit fio the District a let6er frarr ITD regarrlirx3 said requiremerrts prior to issuance of a bultdp' ng pemtit (ar dtler required permits). CarNal3 the Distrirtt Ill Traffic Eng~eer at 334-t334f1- Arty direct otters auto SH-5f~'F~gle Road shoadd be temporary, and should 6e revolted nrroe ttre site gains access b Diver Valley greet east of SH~&IEagle Road. + Privy to final approval you vriN need tv submit cotrstn~ctivn plans W the GCHQ Qew~elopmetrt Review Departmerd to irrsurE compliance widr the corr~iions identified above ar for traffic nlpact fee a~essmerrt. This is a separate review prnoess ihet requires direct plans submittal to the Development Review staff at the Wiglrrlray District. + A triiffic impact fire carp be ~d by ACHD and vrill be due prior to the issi>arice of a truild"ing pemlit. Contact ACRD Planning ~ Dev+eloprrreat 5etvioes at 387-61711 ftir infomiativn regardng irrrpaact fees. ~ Y~ have wN 9. P feel free ~ caMad me at (ZOB) 387~18T. Sincerely, ~~ Malt Edmond Plarrier III Ric3ht~oF-Way and Development 5erviaes CC: Probed fie MfCe Fairdi~d ; Wafters, Mercian City Planting Departmenk (5erit via E-n+ar7j Exhibit C Page 11 CiTX OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2008 8. Idaho Transportation Department 10Akp r " ttaa~a ~wr~swaxrwitoar a~PaarexeKT RO. [3az 8t?2$ . (2Q8) 334-I~30p L'~oise, ID 837p7-2028 ltd.ld~tlD.gaa, August 28, zoos City: cif Meridian Planr-irsg Dcpartttietat 660 E. Watertarve~t Lane Suite 202 _'Vleridiatt, Idsha 836A2 FAX 888-6854 Re: lacatian: 3590 Eagle :RUad Route: SH 55 MP l" 3,?S Natttc: "Kunsan Chad -- Great WaII Restmurant Case Na. CUP OS-022 Hearing Date: Septetnbar I8, 200$ Uetar Zoning Adminigrxator, ~~~ ~ ~~ C~'tn;n~ ©ep~~A~ pia Access to Ragis Raarl slz©uld beat lacatians tlxat complygvzth Ghe:I'TT? acces~.policy.and the Eagle Raad lnfrastruclure Plan only. 11Ve arcs requesting a rxazulutuan. caf the GUP be that th® access. shown on .th~e.si.r~ plan will be tem~n~.cy"until such rime that River Valle 5treeit:us cpnstructed. When River Valley $treetis cottstructad ~e temporary access will be removed and aII accesx will be.frnm River Va11ey Strut. Any and all: access paints, oriel any other amenutie>s such as isndsceping`witiain the. right of way. will t~gvirc a permit from 1TD. Access. issues.sbautd be res[ilved .as soon as possibl'c. ~1ny work done an the State Right of Way. will retluire a permit. Permit applicatioiza.arc avaiiable,fram. this oflicc. Please !rave the. appliiaant contact 1Vlatt Ward at 8150 Cliinden Blvd. 83714' in Boise.or call (208). 334- 8341 to obiaia a pemyit application. Tf you have any gtiestions please cusp me at 33483'17. Sincerely, Pam Gulden I'.E: Access Mauagernerit Enginr~r Exhibit C Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE QP 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 fmds 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). That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the 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 BATE OF SEPTEMBER 18, 2008 The Commission recognizes that traffic and noise is a concern; however, the Commission 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. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The Commission fmds that there should not be any health, safety or environmental problems associated with the proposed use. The Commission 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