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HomeMy WebLinkAboutCarl's Jr cupRECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A CARL’S JR RESTAURANT WITH A DRIVE-THRU WINDOW BY CARL’S JR. – CUP-03-017 - Page 1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CARL’S JR. RESTAURANT WITH A DRIVE- THRU SERVICE WINDOW IN A C-G ZONE CARL’S JR., Applicant ) ) ) ) ) ) Case No. CUP-03-017 RECOMMENDATION TO CITY COUNCIL 1. The property is located at the former KFC site, on the corner of Main Street and Meridian Road, Meridian. 2. The owner of record of the subject property is G & H Enterprises II, P.O. Box 10998, Boise, Idaho 83719-0008. 3. Applicant is Clayton Jones for Carl’s Jr., 3413 N. Cole Road, Ste. 128, Boise, Idaho. 4. The subject property is currently zoned C-G (General Retail and Service Commercial). The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The Applicant requests the Conditional Use Permit for a Carl’s Jr. restaurant with a drive-thru window in a C-G zone. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. 8. The Planning and Zoning Commission recognized the concerns of Patrick McKeegan, expressed in his letter dated April 29, 2003. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A CARL’S JR RESTAURANT WITH A DRIVE-THRU WINDOW BY CARL’S JR. – CUP-03-017 - Page 2 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Applicant shall provide a landscaping island at the east end of the south parking lot. 2. Applicant shall move the crosswalk (the walkway providing pedestrian access to the restaurant through the drive-through) three parking places to the south. 3. Applicant shall provide amenities including: a bench, three flags, a “Welcome to Meridian” sign, and a raised sidewalk connecting the property to 1st Street. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the Planning and Zoning Commission): SITE SPECIFIC REQUIREMENTS 1. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 2. Applicant must apply for a planned sign program for the proposed sign. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A CARL’S JR RESTAURANT WITH A DRIVE-THRU WINDOW BY CARL’S JR. – CUP-03-017 - Page 3 parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 7. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 8. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing existing and proposed utility mains and service connection. 10. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. All radii shall be 28’ inside and 48’ outside radius for all internal roads. 2. The proposed project shall have an unobstructed width of 20’ available for all fire lanes. D. Adopt the Recommendations of ACHD as follows: RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A CARL’S JR RESTAURANT WITH A DRIVE-THRU WINDOW BY CARL’S JR. – CUP-03-017 - Page 4 Site Specific Requirements: 1. Dedicate 40-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. The right-of-way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 2. Road Trust for a 5-foot wide detached concrete sidewalk on Meridian Road and East 1st Street located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 3. The existing shared driveway on Meridian Road located approximately 330-feet north of East 1st Street is approved with this application. 4. Close the existing driveway on Meridian Road located approximately 160-feet north of East 1st Street, as proposed. The applicant is proposing to relocate the driveway on Meridian Road approximately 190-feet north of East 1st Street. District policy requires driveways to offset controlled intersection a minimum of 440-feet for a full access driveway and 220-feet for a right- in/right-out driveway. Because the proposed driveway does not meet District policy, it is NOT approved with this application. 5. The existing shared driveway on East 1st Street located at the north property line approximately 300-feet north of Meridian Road is approved with this application. 6. Replace unused curb cuts on Meridian Road and East 1st Street with standard curb, gutter and/or concrete sidewalk to match existing improvements. 7. Replace any damaged curb, gutter and/or sidewalk on Meridian Road and East 1st Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 8. Pave the driveways their full width of and at least 30-feet into the site beyond the edge of pavement of Meridian Road and East 1st Street and install pavement tapers with 15-foot radii abutting the existing roadway edge. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A CARL’S JR RESTAURANT WITH A DRIVE-THRU WINDOW BY CARL’S JR. – CUP-03-017 - Page 5 9. Provide a recorded cross access easement among the parcels to the north for access to the public streets. 10. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 11. Any existing irrigation facilities should be relocated outside of the right-of-way. 12. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 13. Other than the access points specifically approved with this application, direct lot or parcel access to Meridian Road and East 1st Street is prohibited. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission’s action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A CARL’S JR RESTAURANT WITH A DRIVE-THRU WINDOW BY CARL’S JR. – CUP-03-017 - Page 6 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Adopt the Recommendations of Sanitary Service Company as follows: 1. The new landscape planter impedes access to the enclosure.