HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
STAFF REPORT Hearing Date: November 20, 2008
TO: Planning & Zoning Commission
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: Sonic/Taco Time
• CUP-08-029
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1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
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The applicant, Boise Food Service, has applied for Conditional Use Permit (CUP) approval for two
drive-through establishments within 300 feet of another drive-through establishment (Dutch Brothers
Coffee).
The property is currently zoned C-G (General Retail and Service Commercial District). The applicant
is proposing to construct two fast food restaurants (Sonic and Taco Time) with drive-through
windows on this site. UDC 11-2B-2 lists adrive-through facility as an Accessory/Conditional use in
the C-G zone, with Specific Use Standards for Drive-through Establishments. The Specific Use
Standards listed in UDC 11-4-3.11 require Conditional Use Permit (CUP) approval for drive-
through facilities that are within 300 feet of another drive-through facility or a residential district or
an existing residence, prior to submittal of a Certificate of Zoning Compliance application.
2. SUMMARY RECOMMENDATION
Staff has provided detailed analysis of the requested CUP application below. Staff recommends
approval of the application, based on the Findings of Fact as listed in Exhibit C and subject to
the conditions listed in Exhibit B.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-08-
029 as presented during the hearing date of November 20, 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
hearing on December 4, 2008.
Continuance
After considering all staff, applicant .and public testimony, I move to continue File Number CUP-
08-029 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-08-029
as presented during the hearing of November 20, 2008, for the following reasons: (you must state
specific reason(s) for the denial of the conditional use permit and what the applicant may do to gain
your approval in the future.) I further move to direct Staff to prepare an appropriate fmdings
document to be considered at the next Planning and Zoning Commission hearing on December 4,
2008.
4. APPLICATION AND PROPERTY FACTS
a. Site Address /Location:
Sonic/Taco Time CUP-08-029 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
North of E. Overland Road, on the east side of S. Millennium Way and on the south side of E.
Cinema Drive
SW % of Section 17, T.3N., R.lE.
b. Owner:
Same as Applicant
c. Applicant:
Boise Food Service
1010 Allante Street, Suite #100
Boise, Idaho 83709
d. Representative: Bill Strite, BRS Architects
e. Present Zoning: C-G (General Retail and Service Commercial District)
£ Comprehensive Plan Land Use Designation: Mixed Use-Regional
g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval
to construct two drive-through establishments within 300 feet of another drive-through business.
5. PROCESS FACTS
a. The subject application is for conditional use approval per City Ordinance. A public hearing is
required before the Planning and Zoning Commission consistent with the provisions of Meridian
City Code, Title 11, Chapter 5.
b. Newspaper notifications published on: November 3, 2008 and November 17, 2008
c. Radius notices mailed to properties within 300 feet on: October 24, 2008
d. Applicant posted notice on site by: November 10, 2008
6. LAND USE
a. Existing Land Use(s): The site currently consists of two vacant lots (Lots 4 and 5, Block 1) in
Destination Place Subdivision No. 2.
b. Description of Character of Surrounding Area: This area is transitioning to a mix of commercial,
office and entertainment uses.
c. Adjacent Land Use and Zoning:
1. North: Multi-tenant Building; zoned C-G
2. West: Vacant commercial lot and Multi-tenant Buildings; zoned C-G
3. South: Dutch Brothers Coffee Kiosk; zoned C-G
4. East: Vacant commercial lots and Multi-tenant buildings; zoned C-G
d. History of Previous Actions: In 2004, the subject property was preliminarily platted (PP-04-042)
with 18 commercial lots. The final plat (FP-OS-014) for Destination Place Subdivision No. 1 was
approved in 2005 and portion of the lot 1 and all of lot 2, Block 1 was short platted (SHP-08-001)
as four lots and approved in 2008.
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: Sewer already stubbed to this lot.
Location of water: Water already stubbed to this lot.
Issues or concerns: None
Sonic/Taco Time CUP-08-029 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
2. Vegetation: Existing 10-foot wide landscape buffers.
3. Floodplain: NA
4. Canals/Ditches Irrigation: NA
5. Hazards: NA
6. Size of Property: 1.1 acres
7. Description of Use: Proposed 1,526 square foot Sonic restaurant and a 2,250 square foot Taco
Time restaurant
f. Summary of Proposed Streets and / or Access: The applicant is not proposing any new access
points to South Millennium Way and East Cinema Drive. However, the applicant is proposing to
relocate the approved northern driveway access to the east to facilitate their site design. Both
Staff and ACHD approve of the new location for the driveway approach along the northern
boundary. In addition, the applicant has provided one way cross access with the Dutch Brothers
site to the south located in the southeast corner of the proposed development (See attached site
plan in Exhibit A).
7. AGENCY COMMENTS
On October 30, 2008 a joint agency and department meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Parks
Department and 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 (MU-R)." Per Chapter VII of the Comprehensive Plan, the Mixed Use land use
category contains five sub-categories. "Generally, the mixed-use designation will provide for a
combination of compatible land uses that are typically developed under a master or conceptual site
plan. The purpose of this 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 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 is to designate areas at predominant corners of
major arterials that provide a mix of employment, retail and residential or public uses. The
developments should be anchored by uses that have a regional draw with the appropriate supporting
uses. The intent is to integrate a variety of uses, including residential and to avoid predominantly
single use developments such as a regional retail center.
This category includes uses such as grocery stores, drug stores, coffee/sandwich shops, dry
cleaner/Laundromat, professional offices, retaiUgift shops, clothing stores, garden centers, restaurants,
banks, drive-through facilities, auto service stations, department stores, medicaUdental clinics,
schools, parks, churches, public uses, clubhouses, hardware stores, salons, daycares, entertainment
uses, major employment centers, and clean industry.
The subject site is currently zoned C-G, which complies with the MU-R land use designation. Staff
believes the proposed drive-through establishments will generally conform to the stated purpose,
intent, and standards of the MU-R land use category within the Comprehensive Plan and complement
existing uses in the area. Currently in the area there is a mix of uses including a movie theater, muitl-
tenant buildings, personal service shops, restaurants, retail, Harley Davidson Dealership, and animal
hospital. Staff finds the following Comprehensive Plan policies to be applicable to this property and
apply to the proposed use (staff analysis in italics):
Sonic/Taco Time CUP-08-029 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
• Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on
collectors and arterial streets."
S. Millennium Way and E. Cinema Drive are designated as local streets. Access points for the
subject site were evaluated and approved with Destination Place Subdivision. No additional
access points are proposed with this application.
• Chapter VII, Goal N, Objective D, Action 4 - "Require appropriate landscape and buffers
along transportation corridors (setback, vegetation, low walls, berms, etc.)."
A 10 foot wide landscape buffer has been installed along S Millennium Way and E. Cinema
Drive with the approval of Destination Place Subdivision.
• Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install
and maintain landscaping."
In addition to the required streetscape buffers, planter islands and S foot landscape buffers
are required adjacent to drive aisles and parking. On the submitted landscape .plan the
applicant generally complies with this requirement. See Landscaping in the Analysis section
below.
Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only
where urban services can be reasonably provided at the time of final approval and
development is contiguous to the City."
City water and sewer are stubbed to the parcels.
• Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities
within the Impact Area."
Staff believes the proposed drive-through restaurants should add to the variety of uses in the
area.
Staff believes that the proposed project is consistent with the Comprehensive Plan and is compatible
with the surrounding uses.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC 11-2B-2 lists a drive-through facility as an
Accessory/Conditional use in the C-G zone, with Specific Use Standards for Drive-through
Establishments. The Specific Use Standards listed in UDC 11-4-3.11 for Drive-through
Establishments require Conditional Use Permit (CUP) approval for drive through facilities that
are within 300 feet of another drive through facility or a residential district or an existing
residence (see Section 10 below for additional specific use standards related to drive-through
establishments). The subject property is within 300 feet of another drive-through facility (Dutch
Brothers Coffee Kiosk).
b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses
which are customarily operated or almost entirely within a building; to provide for a review of the
impact of proposed commercial uses which are auto and service oriented and are located in close
proximity to major highway or arterial streets; to fulfill the need oftravel-related services, as well
as retail sales for the transient and permanent motoring public.
c. Dimensional standards for the C-G zoning district, per UDC Table 11-2B-3: There are no
minimum setback requirements in the C-G zoning district. The maximum building height in the
C-G zoning district is 65 feet; the elevations for the two proposed buildings comply with this
requirement.
Sonic/Taco Time CUP-08-029 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP
request as proposed, with the following comments:
Staff is concerned with the amount of traffic that will be generated and the movement of that
traffic within the proposed development. If approved, the area will house three drive-though
businesses within close proximity of each other. Staff is confident the applicant's proposal can
work, however a major concern is the traffic congestion that may occur as patrons to the
drive- through businesses enter/exit from the western driveway (the main access for all three
drive-through businesses), exit the drive-through lanes and back out from the parking stalls in
front of the proposed Taco Time restaurant during the peak times of the day (meal times). To
alleviate staff s concerns the applicant will provide warning signs: "caution pedestrian, do not
enter, drive though one way only, caution on coming traffic" signs through out the proposed
development. In addition, the applicant has provided highlighted walkways along the western
property and the overflow parking area to facilitate pedestrian movement within the
development. The Commission should determine if this site is appropriate for two drive-
through businesses and can provide safe maneuverability of vehicular traffic.
Dimensional Standards: There are no minimum setback requirements in the C-G zoning district.
The maximum building height in the C-G zoning district is 65 feet; the elevations for the two
proposed buildings comply with this requirement.
Drive-Through Establishment: Per UDC 11-4-3-11, Specific Use Standards apply to the proposed
drive-through uses of the property as follows:
• All establishments providing drive-through service shall identify the stacking lane,
speaker location, and window location on the plans submitted with the Certificate of
Zoning Compliance application. The stacking lanes, speaker location and pick up
windows as shown and comply with this requirement.
• Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right-of--way by patrons. Staff believes there is sufficient stacking capacity for the
proposed restaurant uses. However, there is a potential for cars to stack up in the
main drive aisle as cars wait to enter the drive through for the Taco Time restaurant
during peak times.
• The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking. There are separate stacking lanes proposed for each of the proposed
drive-throughs.
• The stacking lane shall not be located within ten feet (10') of any residential district
or existing residence. NA (The proposed stacking lane is not within 10' of a
residential district or residence.)
• Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane. The proposed stacking lanes for both drive-throughs exceed 100 feet in
length; thus escape lanes have been provided as required by the UDC.
• A letter from the Transportation Authority indicating the site plan is in compliance
with the authority's standards and policies shall be required. The applicant shall
comply with this requirement if covered under the Transportation Authority's
(ACRD) jurisdiction.
Sonic/Taco Time CUP-08-029 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
Staff finds that the site plan submitted with this application complies with the specific use
standards for adrive-through establishment, as set forth in UDC 11-4-3.11.
Landscaping: The applicant has submitted a landscape plan prepared on September 23, 2008 by
Harvest Design, labeled as Sheet LS-1. The street buffer landscaping along S. Millennium Way and
E. Cinema Drive were reviewed and approved with the final plat for Destination Place Subdivision.
This landscaping should remain protected during construction on this site.
Staff has reviewed the internal parking lot landscaping depicted on the landscape plan and found it
substantially complies with the landscaping requirements in UDC 11-3B-8. However, there are some
minor modifications needed to the submitted landscape plan to be in compliance with the UDC. The
UDC requires a 5-foot perimeter landscape strip adjacent to all perimeter vehicle use areas, with trees
planted every 35 linear feet. The 7-foot perimeter landscaping along the eastern boundary of the
site scales at approximately 80 feet in length which requires a minimum of 2 trees. On the
submitted landscape plan, there are no trees depicted. The applicant should plant two
additional trees within said landscape buffer. In addition, a deciduous tree should be planted in
the 5-foot wide planter island adjacent north side of the trash enclosure. The applicant should
also replace the conifer tree located in planter on the western side of the Sonic canopy parking
along the southern boundary with a class 1 or class 2 deciduous tree. The aforementioned items
should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance
application.
Parking: Per UDC 11-3C-6, one vehicle parking space per 500 square feet of gross floor area is
required in commercial districts. The proposed buildings consist of 1,526 square feet and 2,250
square feet; thus, 8 parking spaces are required. The applicant is proposing 45 parking spaces on the
site which complies with this requirement. Nineteen of the stalls are proposed for drive up ordering
(vehicle dining), eight stalls have been provided in front of the proposed Taco Time Restaurant and
15 overflow parking stalls have been provided in the northeast corner for employees and patrons to
use. All stalls on the site comply with the parking stall dimensional standards of the UDC with
the exception of the five compact parking stalls. Standard width for parking stalls in the UDC is
9 feet wide; the five compact stalls scale at 7 feet wide. The applicant should revise the site plan
depicting the five compact stalls dimensioned 9-foot X 17-foot. Also, per UDC 11-3C-6, one
bicycle parking space shall be provided for every 25 vehicle parking spaces. The applicant
should provide a bike rack on the site.
Access: The applicant is not proposing any new access points to South Millennium Way and East
Cinema Drive and none are approved with this application. However, the applicant is proposing to
shift the approved northern driveway access to the east to provide additional parking for the two
proposed restaurants. Both Staff and ACRD approve of the new location for the driveway approach
along the northern boundary. A cross access easement was created for the lots to share access to/from
the western driveway. In addition, the applicant is also proposing an additional one-way drive aisle
located in the southeast corner of the site. This additional drive aisle should help facilitate traffic from
the existing Dutch Brothers site and provide a secondary means for exiting the site eliminating some
of the traffic from exiting along at the western boundary. Further, the applicant is providing cross
access adjacent to the northern boundary for the vacant parcels to the east of this site as well. A copy
of the recorded cross access agreements for the western, southern and northern drive aisles should be
included with CZC application submittal.
As the lots are configured and approved with the plat for Destination Place No.2, a portion of
the overflow parking area and trash enclosures are not located on the applicant's property.
Staff has informed the applicant that a property boundary adjustment should be submitted to
the City once the procurement of the CUP is obtained. Staff has included a condition of
Sonic/Taco Time CUP-08-029 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
approval in Exhibit B requiring the applicant submit a recorded copy of the property boundary
adjustment prior to the issuance of a CZC to accommodate the relocation of the driveway
access and construction of the overflow parking and trash enclosures associated with this site.
Building Elevations: Building elevations were submitted for this site, prepared by BRS Architects
and Sonic Corporation, labeled as Sheets CU-2 and A2, dated September 5 and 19, 2008. The
proposed Sonic restaurant is to be constructed of grey concrete wall panel veneer with glazing on the
western facade and an arched canopy over the outdoor seating area. Poster boards and colored
canopies will accent the north and south facades. In addition the parking along the southern boundary
will be covered by the same colored canopies accenting the proposed building.
The proposed Taco Time Building is shown to be constructed of stucco with stone accented facade
and corners. A glazing element is provided for the dine in portion of the proposed building. Cornices
and modulation in the building is also part of the design features. The applicant has also depicted an
outdoor seating area covered with a wooden trellis surrounded by a 3-foot decorative stone veneer
wall. Staff is supportive of the proposed elevations and has attached these elevations in Exhibit A.
Any future buildings constructed on the site shall substantially comply with these elevations.
Further, Staff believes the trash enclosure should be constructed of high quality materials and
complement the overall design of the buildings. Staff recommends the applicant construct said
enclosure with acceptable materials, including but not limited to, tinted or textured masonry
block, textured architectural coated concrete panels, or stucco or stucco-like synthetic materials
with solid metal doors. The applicant should provide a trash enclosure detail at the time of CZC
submittal.
Hours of Operation: The applicant is proposing hours of operation from 6 am to 12 am daily. Staff
has no objections to the proposed hours of operation.
Site Plan: Staff has reviewed the site improvement plan (prepared by BRS Architects, dated
October 8, 2008, labeled as Sheet CU1.1), included as 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:
• Install a bike rack on the site to accommodate two bike parks.
• The five stalls labeled as compact parking stalls shall be dimensioned 9' X 17'.
• Construct afive-foot wide sidewalk from the 8-foot crosswalk to Sonic outdoor patio area
and construct a 5-foot sidewalk from the overflow parking lot connecting to the Taco Time
7-foot sidewalk per 11-3A-17.
• Add two additional "Caution Pedestrian Crossing "signs on the site. The first sign should
be placed in the planter island on the east side of the Taco Time drive through lane and the
second sign should be placed in the landscaped area west of the Sonic outdoor patio area.
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior to
issuance of building permits, for the two proposed drive through restaurants. The site plan
submitted with the CZC shall be revised to comply with the conditions of approval listed in Exhibit
B of this report and shall be submitted prior to establishment of the new use. All improvements
must be installed prior to occupancy.
b. Staff Recommendation: Staff recommends approval CUP-08-029 for Sonic/Taco Time Project, as
presented in the Staff Report for the hearing date of November 20, 2008, based on the Findings of
Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B.
Sonic/Taco Time CUP-08-029 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
11. EXHIBITS
A. Drawings
1. Vicinity Map
2. Site Plan (dated October 8, 2008)
3. Landscape Plan (dated September 23, 2008)
4. Building Elevations (dated September 5 and 19, 2008)
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
C. Required Findings from Unified Development Code
Sonic/Taco Time CUP-08-029 Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
A. Drawings
Exhibit A - 1 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
2. CUP Site Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENTS
1.1 The site improvement plan, prepared by BRS Architects, dated 10/08/08, labeled as Sheet CU-1.1, is
approved, with revisions listed below. The Applicant shall comply with all applicable conditions of
approval associated with this site. The applicant shall revise the site plan as follows:
- Install a bike rack on the site to accommodate two bike parks.
- The five parking stalls labeled compact parking stalls shall be dimensioned 9' X 17'.
- Construct afive-foot wide sidewalk from the 8-foot crosswalk to Sonic outdoor patio area and
construct a 5-foot sidewalk from the overflow parking lot connecting to the Taco Time 7-foot
sidewalk per 11-3A-17.
- Add two additional "Caution Pedestrian Crossing "signs on the site. The first sign shall be placed in
the planter island on the east side of the Taco Time drive-through lane and the second sign shall be
placed in the landscaped area west of the Sonic outdoor patio area.
1.2 The applicant shall comply with the applicable Specific Use standards listed in UDC 11-4-3-11 for drive-
through establishments as follows:
a. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of--way/driveway
by patrons;
b. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking;
c. A letter from the Transportation Authority indicating the site plan is in compliance with the authority's
standards and policies shall be required.
1.3 The landscape plan, prepared by Harvest Design, dated 9/23/08, labeled as Sheet LS-1, is approved, with
the revisions listed below. The Applicant shall comply with all applicable conditions of approval associated
with this site. The applicant shall revise the landscape plan as follows:
- The applicant shall replace the conifer tree located in planter on the western side of the Sonic canopy
parking along the southern boundary with a class 1 or class 2 deciduous tree.
- The applicant shall plant two deciduous trees within the 7-foot wide landscape buffer along the
eastern boundary.
- The applicant shall plant a deciduous tree in the 5-foot wide planter island adjacent to the north side
of the trash enclosure.
- The 10-foot wide landscape buffers adjacent to S. Millennium Way and E. Cinema Drive shall
remain protected during construction on the subject site. Any landscaping damaged during the
construction shall be replaced with equal or superior plantings and materials.
1.4 Building elevations for the proposed buildings shall comply with the elevations shown in Exhibit A.4 and
with the conditions noted in this report.
1.5 The. applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply
with the conditions of approval listed herein, prior to issuance of building permits.
1.6 No new access points to S. Millennium Way and E. Cinema Drive are approved with this application with
the exception for the relocation of the northern driveway approach onto E. Cinema Drive as approved by
ACRD.
1.7 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
Exhibit B - 2 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
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.
1.8 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).
1.9 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 or a time extension shall be submitted in
accordance with 11-SB-6F.
1.10 Staff's failure to cite specific ordinance provisions or terms of approval of the Destination Place
development does not relieve the applicant of responsibility for compliance. The applicant shall comply with
all prior conditions of approval for this site.
1.11 The applicant shall submit a recorded copy of the property boundary adjustment prior to the issuance of a
CZC to accommodate the relocation of the driveway access and construction of the overflow parking and
trash enclosures on the site.
1.12 Business hours of operation for the proposed restaurants shall be limited to the hours between 6 am and 12
am daily.
1.13 A copy of the recorded cross access agreements along the western, southern and northern boundaries shall
be included with CZC application submittal.
1.14 The applicant shall construct the trash enclosure with acceptable materials, including but not limited to,
tinted or textured masonry block, textured architectural coated concrete panels or stucco or stucco-like
synthetic materials with metal doors. The applicant shall provide a trash enclosure detail at the time of CZC
submittal
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development was previously installed or surety was provided. 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 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 was installed or surety was provided. 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 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 obtaining a certificate of occupancy.
2.4 All existing structures that are required to be removed shall be prior to obtaining certificates of occupancy.
2.5 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.
Exhibit B - 3 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2Q 2008
2.6 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 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.
2.7 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.
2.8 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 prior to applying for building
permits.
2.9 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 obtaining a certificate of
occupancy.
2.10 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.
2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection
fees, as determined during the plan review process, prior to obtaining a certificate of occupancy.
2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be
required by the Army Corps of Engineers.
2.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
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
footing 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.
2.19 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public
Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street
intersections and/or fire hydrants. Final design locations and quantity are determined after power designs
are completed by Idaho Power Company. The street light contractor shall obtain design and permit from
the Public Works Department prior to commencing installations.
3. FIRE 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.
Exhibit B - 4 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
a. Fire Hydrants shall have the 4 '/2" 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 place 18" above finish grade.
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 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are
required before combustible construction is brought on site.
3.5 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.
3.6 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is
more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved
route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where
required by the code official. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600
feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance
with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).
3.7 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.
3.8 Provide a Knox box entry system for the complex prior to occupancy.
3.9 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.
3.10 Provide exterior egress lighting as required by the International Building & Fire Codes.
4. POLICE DEPARTMENT
4.1 The Police Department did not provide comments on this application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns with the site design as submitted with the application.
6. SANITARY SERVICES
6.1 Prior to issuance of a certificate of zoning compliance, the 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 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius.
7. ADA COUNTY HIGHWAY DISTRICT
7.1.1 The applicant shall comply with all previous conditions of approval for this site.
Exhibit B - 5 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
C. Required Findings from Unified Development Code
1. Conditional Use Permit Findings:
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
a. 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 proposed .buildings and drive-through facilities on this site can accommodate and meet all
dimensional and development regulations of this district (as amended). Staff finds that the subject
property is large enough to accommodate the required parking, landscaping and other features
required by the ordinance. The Commission should 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.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
Staff finds that the Comprehensive Plan designation for this property is "Mixed Use-Regional."
The proposed use is generally harmonious with the Comprehensive Plan and the UDC (see Section
8 above for more information regarding the requirements for this use).
c. That the design, construction, operation and maintenance will be compatible with other uses
in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area.
Staff finds that if the applicant complies with the conditions outlined in this report, the general
design, construction, operation, and maintenance of two restaurants with adrive-throughs should be
compatible with other future and existing uses in the general neighborhood and the intended
character of the area. The Commission should rely on Staff's analysis, and any oral or written
public testimony provided when determining if this site will be compatible with other uses in the
general vicinity.
d. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use
will not adversely affect other property in the area. The Commission should rely upon any public
testimony provided to determine if the development will adversely affect the other property in the
vicinity.
e. 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.
Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are ,currently
available to the subject property. Please refer to any comments prepared by the Meridian Fire
Department, Police Department, Parks Department, Sanitary Services Corporation, and ACRD.
Exhibit C - 1 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008
Based on comments from other agencies and departments, Staff finds that the proposed use will be
served adequately by all of the public facilities and services listed above.
f. 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. Staff finds
there will not be excessive additional requirements at public cost and that the proposed use will not
be detrimental to the community's economic welfare.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Staff recognizes that traffic and noise will increase with the approval of a restaurant with adrive-
through use in this location; however, Staff does not believe that the amount generated will be
detrimental to the general welfare of the public. Staff does not anticipate the proposed use will
create excessive noise, smoke, fumes, glare, or odors. Therefore, Staff fmds that the proposed uses
will not be detrimental to people, property or the general welfare of the area.
h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance.
Staff finds that there should not be any health, safety or environmental problems associated with
this use that should be brought to the Commission's attention. Staff fmds 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 - 2 -
CVIEF,IDIANI,
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
iw
b
ries Rountree
OCT qn avid Zaremba
C17-Y Op
TRANSMITTALS TO AGENCIES FOR COMMENTS OIV,n
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by
the Meridian Planning and Zoning Commission please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by:
Transmittal Date: October 16, 2008
Hearing Date: November 20, 2008
Request: Public Head
File No.: CUP 08- 229 November 13, 2008
- Conditional Use Permit
establishments in a C-G zonin
for Sonic / Taco Time
By: Boise Food Service
Location of Pr
royal to construct two drive thru
district within 300 feet of other drive thru establishments
operty or Project: north of E. Overland Road, on the east side of S.
Millennium Way and south side of E. Cinema Drive
Joe Marshall (No FP)
David Moe (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Brad Hoaglun, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
Sewer Department
Sanitary Services (No VAR, VAC, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (CUP only) {
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Bureau of Reclamation (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
LN:—:Boise-Kuna
W Pipeline
ew York Irrigation District
NW
Irrigation District
City Clerk's Office • 33 E. Idaho Avenue, Phone 208-888-4433 *Fax 208-888-4218 +Meridian, ID 83642
www.meridiancity.org