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HomeMy WebLinkAboutStaff ReportStaff Recommendation: Approval w/conditions & DA provisions in Exhibit B of the staff report. Staff also recommends the last part of the sentence on condition 1.6 be stricken as there is no longer a caretaker unit proposed in the clubhouse. Item #4.D: Jack in the Box (CUP-10-012) •----- Application(s): - CUP for a restaurant with adrive-thru in a C-G zoning district Size of property, existing zoning, and location: This site consists of 1.3 acres, is currently zoned C-G, and is located at 1815 S. Meridian Road. Adjacent Land Use & Zoning: North: Walgreen's retail store & pharmacy, zoned C-G South: Residences in Elk Run Subdivision, zoned R-8 East: Variety of commercial uses, zoned C-G West: Undeveloped commercial property, zoned C-G Summary of Request: A CUP is required by the DA for all uses on the site. Additionally, because the drive-thru is within 300' of existing residences & a residential zoning district to the south, a CUP is required per UDC 11-4-3-11. The subject CUP application satisfies these requirements. The applicant only proposes to purchase and develop the northern 98+/- feet of Lot 5, Block 1 as shown on the site plan; there is approximately 140 feet separating the proposed southern property boundary from the existing residences to the south. The property owner intends to submit an application for a property boundary adjustment in the future that reflects the boundary shown on the site plan. Staff recommends the boundary line adjustment be approved & finalized prior to issuance of Certificate of Zoning Compliance for the site. As an alternative, staff recommends a modification to condition #1.6 in Exhibit B of the staff report to allow the applicant to proceed w/submittal of the CZC with the property in its current platted configuration which would require a 25-foot wide landscape buffer along the south boundary adjacent to residential uses. The applicant could submit a revised CZC application with site & landscape plans reflecting the adjusted boundary once the PBA is complete, prior to occupancy. Hours of Operation: The proposed hours of operation for the sit down portion of the restaurant are from 6 am to 12 am Monday thru Friday and 6 am to 2 am Saturday & Sunday. The proposed hours of operation of the drive-through are 24 hours a day 7 days a week. Staff has concerns about the noise from the speaker in the drive-thru as well as noise from car stereos negatively impacting the residences fo the south approximately 150' away. Typically there is a transition in zoning and/or uses between higher intense commercial uses & residential uses that lessen the adverse impacts of uses such as Phis on residential uses; however, there is none in this case. Further, at this time there is riot another structure or landscaping between this site & the residences to assist in providing a sound buffer. For these reasons, Staff recommends the hours of operation of the drive-thru be limited fo 6 am to 11 pm consistent with the City's noise ordinance. If at some point in the future, the properly to the south develops and a landscape buffer is constructed along the south boundary as required in commercial districts that abut residential uses, the applicant could request a modification to the CUP in regard to the hours of operation at that time. History: • In 2005, this property was annexed with a DA as part of the Meridian Gateway project and zoned C-G. • In 2006, a variance was approved for aright-in/right-out access driveway to/from the site via SH 69. • In 2007, a preliminary and final plat was approved for Medina Subdivision that included the subject property; the final plat has since been recorded. A DA modification was also approved to allow aright-in/right-out access driveway to the site from SH 69. Comprehensive Plan DesignationlCompliance w/Comp Plan? Commercial -Yes Compliance with UDC? Yes Written Testimony: Richard Dugie, Stantec Architecture (Applicant) (response to staff report) Staff Recommendation: Approval w/conditions in Exhibit B of the staff report w/an alternative provision added to condition #1.6 as previously stated to allow the applicant to submit for CZC with the property in its current configuration. STAFF REPORT Hearing Date: November 18, 2010 TO: Planning & Zoning Commission E IDIAN~-- FROM: Sonya Watters, Associate City Planner I D A H O 208-884-5533 SUBJECT: CUP-10-012/DES-10-046 -Jack in the Box I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Stantec Architecture, Inc., has applied for conditional use permit (CUP) approval of a restaurant with a drive through in a C-G zoning district within 300' of a residential district and existing residences, as required by UDC 11-4-3-11 and the development agreement for this property. Design Review approval is also requested for the proposed structure and site as required by UDC 11- SB-8. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff has approved the applicant's request for DES approval and recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-10- 012 as presented in the staff report for the hearing date of November 18, 2010, with the following modifications: (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 2, 2010. Denial After considering all staff, applicant and public testimony, I move to deny CUP-10-012 as presented during the hearing on November 18, 2010, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-10-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: 1815 S. Meridian Road (Parcel #85652350050) Located in the northeast % of Section 24, Township 3 North, Range 1 West B. Owner(s): William & Mary Howell 495 White Cloud Drive Boise, ID 83709 PAGE 1 C. Applicant: Stantec Architecture, Inc. 12034 134`h Court NE Redmond, WA 98052 D. Representative: Richard Dugie, Stantec Architecture, Inc. 12034 134' Court NE Redmond, WA 98052 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 1, and 15, 2010 C. Radius notices mailed to properties within 300 feet on: October 28, 2010 D. Applicant posted notice on site by: November 5, 2010 VI. LAND U5E A. Existing Land Use(s) and Zoning: This site is currently vacant and lies within a C-G (General Retail and Service Commercial) zoning district. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Walgreen's retail store & pharmacy, zoned C-G South: Residences in Elk Run Subdivision, zoned R-8 East: Variety of commercial uses, zoned C-G West: Undeveloped commercial property, zoned C-G C. History of Previous Actions: • In 2005, this property was annexed (AZ-04-031) with a development agreement (Inst. No. 105134293) as part of the Meridian Gateway project and zoned C-G. • In 2006, a variance (VAR-OS-027) was approved for aright-in/right-out access driveway to/from the site via S. Meridian Road/SH 69. • In 2007, a preliminary plat (PP-07-003) consisting of 6 commercial building lots on 8.06 acres of land was approved for Medina Subdivision. Concurrently, a development agreement modification (MI-07-002) was approved to allow aright-in/right-out access driveway to the site from S. Meridian Road/SH 69 (Inst. No. 107099630). • In 2007, a final plat (FP-07-013) consisting of 6 commercial building lots on 8.06 acres of land was approved for Medina Subdivision. This plat has been recorded. D. Utilities: 1. Public Works: a. Location of sewer: S. Meridian Road PAGE 2 b. Location of water: S. Meridian Road c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. Flood Plain: This property is not within the floodplain. F. Access: Access for this site is depicted on the site plan via S. Meridian Road/SH 69. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 105), commercial designated areas, "will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The proposed restaurant with a drive through will provide a service to area residents and visitors consistent with the Commercial designation for this site. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property in the following manner: • Sanitary sewer and water service will be extended to the property. • The lands are serviced by the Meridian Fire Department (MFD). • The lands are serviced by 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 #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will continue to 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. PAGE 3 • Chapter VII, Goal I, Objective B (page 109) -Plan for a variety of commercial and retail opportunities within the Impact Area. Staff believes the proposed restaurant with adrive-through will contribute to the variety of commercial opportunities available within the City and the immediate area. Chapter VII, Goal N (page 112) -Encourage compatible uses to minimize conflicts and maximize use of land. Staff believes the proposed use of this property is compatible with surrounding existing and future commercial and residential uses as long as the applicant complies with the conditions in Exhibit B. There is commercial development across Meridian Road and the adjacent commercial site (Walgreens) is retail and has a drive up window. There will also most likely be another commercial use to the south of this property in the future. • Chapter VII, Goal IV, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on collectors and arterial streets. Access for this site is provided via one right-in/right out-out access to/from S. Meridian Road/SH 69; a variance (VAR-OS-027) for access was approved in 2007. No additional access points via S. Meridian Road/SH 69 are proposed or approved with this application. Access is also available to/from Overland Road via across-access easement. • "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Objective A, Action #12). A blanket cross-access/ingress-egress easement is depicted on the Medina Subdivision plat for all lots in the subdivision. • Chapter VII, Goal N, Objective D, Action 5 (page 114) -Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). A landscape buffer exists along S. Meridian Road/SH 69, an arterial street, as required by UDC Table 11-2B-3 and approved by ALT-07-021. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) In addition to the required street buffer landscaping, the applicant is responsible for installing parking lot landscaping in accord with the standards listed in UDC 11-38-8. Staff has reviewed the submitted landscape plan and finds it substantially complies with the aforementioned requirements. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists the principal permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed restaurant is listed as a principal permitted use in the C-G district; however, drive through establishments require conditional use approval when located within 300 feet of another drive through establishment, an existing residence, or residential district. There are existing residences and residential zoning approximately 140 feet to the south of the subject property. Development of PAGE4 the site is subject to the specific use standards for drive through establishments listed in UDC 11- 4-3-11. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to this site. D. Landscaping Standards (UDC 11-3B): 1. Width of street buffer(s): 35 feet along S. Meridian Road/SH 69 (a reduction in the width of a portion of the buffer was approved with ALT-07-021) 2. Width of buffer(s) between land uses: 25 feet to residential uses 3. Percentage of site as open space: NA 4. Tree Preservation: NA E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500 square feet of gross floor area in commercial districts for non-residential uses. The total square footage of the proposed building is 2,370, thus five (5) parking stalls are required. A total of 14 parking stalls, including 2 handicap stalls, are provided on the site, which exceeds the UDC requirements. UDC 11-3C-6G requires one bicycle parking space be provided for every 25 proposed vehicle parking spaces or portion thereof. Based on 14 parking stalls, a minimum of 1 bicycle parking space is required in accord with the standards listed in UDC 11-3C-SC. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. CONDITIONAL USE PERMIT (CUP): A CUP is proposed fora 2, 370 square foot restaurant with adrive-through window in a C-G zoning district, in accord with UDC Table 11-2B-2 and 11-4-3-11. Additionally, the development agreement (DA) approved with the annexation of this property requires CUP approval of all future uses on the site. Therefore, a CUP is required for the proposed restaurant use as a whole in addition to the drive through use. A conceptual development plan was submitted with the annexation application for the Meridian Gateway property as a whole but was only for annexation purposes; the DA did not require the site to develop consistent with the plan. Instead, a provision of the DA requires all future uses to obtain CUP approval with a detailed development plan. Site Plan: The applicant has submitted a site plan that depicts how the site is proposed to develop with a structure, parking, planter islands, and adrive-through. The applicant only proposes to purchase and develop the northern 98+/- feet of Lot 5, Block 1 as shown on the site plan; there is approximately 140 feet separating the proposed southern property boundary from the existing residences to the south. A property boundary adjustment application is required to be approved and finalized in accord with UDC 11-6B-8C prior to issuance of Certificate of Zoning Compliance for this site. Specific Use Standards: There are specific use standards listed in UDC 11-4-3-11 that apply to drive-through establishments. The applicant will be required to submit a site plan that demonstrates compliance with those standards with the Certificate of Zoning Compliance application for the proposed use. PAGE 5 Per UDC 11-4-3-11, the following Specific Use Standards apply to the proposed drive- through use of the property as follows: A. 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 lane is shown on the site plan; however, the speaker and window locations are not specifically called out on the site plan; these items should be included on a revised site plan submitted with the Certificate of Zoning Compliance (CZC) application. B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of--way by patrons. The stacking lane is located along the south and west sides of the proposed restaurant. Staff is of the opinion there is sufficient stacking capacity for the proposed drive-through and will not obstruct the adjacent driveway. C. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The stacking lane is separate from the circulation lanes needed for access and parking on the site thus complying with this requirement. D. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. The proposed stacking lane is not within 10' of a residential district or residence; the closest residence is approximately 146 feet (146) from the stacking lane. E. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. The proposed site plan depicts a stacking lane greater than 100 feet in length; however, there is an escape exit approximately 80 feet back from the window. F. A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. Comments have not yet been received from ITD on this application. Hours of Operation: The proposed hours of operation for the sit down portion of the restaurant are from 6 am to 12 am Monday thru Friday and 6 am to 2 am Saturday and Sunday. The proposed hours of operation for the drive-through are 24 hours a day 7 days a week. Although the C-G district does not restrict business hours of operation, the Planning Department and Police Department are concerned that noise generated from the drive-through and two speakers will adversely affect the existing residents to the south in Elk Run Subdivision. For this reason, staff recommends the hours of operation of the drive-through are limited to the hours between 6:00 am and 11:00 pm consistent with Meridian City Code 6-3-6: Noises Creating Public Disturbance. Landscaping: The street buffer landscaping along S. Meridian Road was installed with development of the subdivision. Per UDC 11-3B-7C.3, a minimum of 1 tree per 35 linear feet is required within the buffer. Per this requirement, a minimum of one additional tree needs to be installed within the street buffer. Per UDC 11-3B-8C.Zd, each interior planter island in the parking lot that serves a single row of parking is required to be landscaped with at least one tree. In accord with this requirement, one tree is required at the west end of the row of parking on the north side of the building and one tree is required at the north end of the row of parking on the east side of the building along Meridian Road. Sidewalk: A 10-foot wide detached sidewalk exists within the street buffer along S. Meridian Road/SH 55, in accord with UDC 11-3A-17 and 11-3H-4C.3. PAGE 6 Access: Access to this site is depicted on the site plan via one right-in/right-out access driveway to/from S. Meridian Road/SH 55. This access was approved in 2006 by ITD and the City (VAR- OS-027). Access is also available via one right-in/right-out driveway to/from Overland Road through across-access easement for all lots within this subdivision. Parking: The off-street vehicle parking shown on the site plan complies with the standards listed in UDC 11-3C-6B. Per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 proposed vehicle parking spaces or portion thereof. Based on 14 parking stalls, a minimum of 1 bicycle parking space is required in accord with the standards listed in UDC 11-3C-SC. 2. DESIGN REVIEW (DES): Design Review approval is also requested for the proposed structure and site, as required by UDC 11-SB-8 in accord with the standards listed in UDC 11-3A-19 and the guidelines listed in the City's Design Manual. Staff has reviewed the design standards listed in UDC 11-3A-19 and found the site to be in compliance with all standards except the following: The internal pedestrian walkway from the perimeter sidewalk along Meridian Road to the main building entrance is required to be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-19A4b; the site plan should be revised accordingly. Staff has reviewed the design guidelines listed in the City's Design Manual for urban/suburban developments and found the proposed site design and structure to be in general compliance with these guidelines. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (date: September 22, 2010) 3. Landscape Plan (date: September 22, 2010) 4. Building Elevations (dated: September 22, 2010) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department 8. Idaho Transportation Department C. Required Findings from Unified Development Code PAGE 7 Exhibit A.1: Vicinity Map .~ .. BROWNING PLAZA - I - - TES4_ INTERSTATE 84 _ _ INTERSTATE84 J ~! ~~, BE~WOOD NO 01 ~EARWC100 SALMON Site w C/~vrnFnn ~• j w c a ~ a W; __., d ~ ~' ~ ° w F ' _ ° Q Y ', E .OVERLAND ~ y z 3 ~~ ~ a~ , ~ ~ ~ aivnGUQ pa r o E ~ a ~_ ~S `, ~ ~ 3 ~' ~ H ~~ > s ~ ~ ~ a i ~ o F w v, s! ~a r ~ ,~ f W1FF7ry S~. 3 ~srF 109 z ~NTQ,~"~ :ALDERWO r E. °~ ~ ~ C ,~~. F q ~ ~f ~~~ v ~'f' ,y~ ,p~ a ~~i __ . 't '9ij+T O? ~"G ~P ` ; _ ,~ ~~, ~ ~ ~~ E BLUELAR~C G7 ~ W 4',, r~ ~ CIA9 ~~~ _. LS3L -_ '. I i '-~-~. _ r PAGES Exhibit A.2: Site Plan (dated: September 22, 2010) ~,.~ ,~.:.:.~~..m.....n : ~~ .:mom. .e ~m ...m.~..e. ~ ... mR . m ~: rT""° e ----- - ~rw i PAGE 9 Exhibit A.3: Landscape Plan (dated: September 22, 2010) ~_ '. i, :,,, 7 ... A<.'EA YNCA y BEF~A ~~„' ~e ~ - ~~ ~ ;e.+ "' McE cE4iU~ :m s .weuw-J ~ 1 ^~•.1 MAHONA AZ4L.EA '~IC [NICE 44 M4'E4 !£/Ek ,; nc. 'EVE4T J fA'SE~Cni !IF .K xER1nN4 EKx W: ulE* ~ ~~. (EEFWE4i / LL mLC .]F W-d-/ w.nTN ML1 «~, a,~.N o..,~k ~:m urt :x.LT ~: j ~EEGE Cf CLAE I n~..idJr .i-u-E`• ~E ~,~xirr arc ,~ E~4LE i PRELIMINARY LANDSCAPE PLAN ~ ,. _,x '~~ f j ){7J {{//ma fnifl: 51V~ w4 { '.. y i- NANDN C L ~ _Z~ ~ k ( ~ d ~l1171~YAL yyCr.~ ~ ~~muty It d ~~ >r~c~ ¢'AE cs .:i uxC L'~~TNN FFSnXG ~ d u_r a p .. L~Irffi.~IP E BLRFA ~ Ofl'/Q'6G7 ~t-~ 0 ~ PAGE 10 • y0N I~UYC O zrrt incroawn~ ~ ^.a ~~~ Exhibit A.4: Building Elevations (dated: September 22, 2010) RIGHT ELEVATION V }ti I II ~'f*f~.C-,j T I I +iY4iwo •f6'Br. ~~Yt~. ~~iY'ib._.._.. .. REAR ELEVATION E%TERIOR FINISH SOHEOULE E E"~.~. f .mrr ....~~m. m.a u ^, u~~~ ~~so.s...,~e.m a JJmT~ C' a..s r4~ ~n~ w ~~ 7.~ VMAaI ' I4~..N VM~sls ,ra ~~va.f~ amYOaYo-mn~mt a.~~.. ww - w.~ _ ~f&i~.. ® wi~ -s., raw~a~in~R ~w® re~ ~~. t ~: ~r.IB;~• pus .~.,. .;.~-. .. ,.u 4' ti'~D"iae ~ _ a::',OSR'.442':1°.~,d.P&351,5„« aia•_ •ie,~ LEFT ELEVATION `' Y I ,.,~. ..,~x. ..,~s. -«a. ~EXTE%IOR La EVA*pMS A4.1 EXTERIOR F7NISN SCNEOULE wF ~+e,-..rr. w.: ~.. - -- --- rj 7 Ogy ~~~..-~s .e nme... ~ ~ a ~ ~ w.~e.,.r ,r w s xw~~m.~,r~,_. W.. v ~. .~~ =. w..o k.;f`° a w.. r..o ~.:o+ 7 M . ,. ' ~ ' ELEVA71ON5 ' w V83 iL ~. Srt4 S?R.e dS ~ .. A4.0 PAGL I I FRONT ELEVATION ~...~ ,.. .e B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site plan prepared by Stantec, dated September 22, 2010, included in Exhibit A.2 shall be revised as follows: a. The speaker and drive-through window locations shall be included on the site plan in accord with UDC 11-4-3-11C. b. Provide a bicycle parking facility capable of holding a minimum of one bicycle per UDC 11- 3C-6G, in accord with the standards listed in UDC 11-3C-SC. c. The internal pedestrian walkway from the perimeter sidewalk along Meridian Road to the main building entrance is required to be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A- 19A4b. 1.2 The landscape plan prepared by Stantec, dated September 22, 2010, included in Exhibit A.3 shall be revised as follows: a. One tree is required within the planter island at the west end of the row of parking on the north side of the building and one tree is required within the planter island at the north end of the row of parking on the east side of the building along Meridian Road, in accord with UDC 11-3B-8Cd. b. A minimum of one tree is required to be installed within the street buffer along Meridian Road as required by UDC 11-3B-7C. 1.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11 for drive through establishments. The applicant shall submit a site plan that demonstrates compliance with these standards with the Certificate of Zoning Compliance application for the proposed use. 1.4 The hours of operation of the drive-through are limited to the hours between 6:00 am and 11:00 pm consistent with Meridian City Code 6-3-6: Noises Creating Public Disturbance due to the proximity of the use in relation to an established residential area (Elk Run Subdivision). 1.5 Prior to establishment of the proposed use, the applicant shall be required to submit a Certificate of Zoning Compliance application to the Planning Department. 1.6 A property boundary adjustment application is required to be approved and finalized in accord with UDC 11-6B-8C prior to issuance of a Certificate of Zoning Compliance. 1.7 No signs are approved with this application. The applicant shall submit a sign permit application in accord with the standards listed in UDC 11-3D for approval of any future signs on this site. 1.8 The applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within two (2) years of approval, a time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If a time extension is not requested or granted and the CUP expires, a new conditional use permit must be obtained. 1.9 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in S Meridian Road. The applicant shall install mains to and through this subdivision; applicant shall PAGE 12 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 is being proposed via extension of mains in S Meridian Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the obtaining certificates of occupancy. 2.5 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 obtaining certificates of occupancy. 2.6 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. 2.7 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. 2.8 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 2.9 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. 2.10 100 Watt and 250 Watt, high-pressure sodium streetlights shall be required per the City of Meridian Department of Public Works, Improvement Standards for Street Lighting. All streetlights shall be installed at sub divider's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. PAGE 13 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. 3. FIRE DEPARTMENT 3.1 The Fire Department had no comments on this application. 4. POLICE DEPARTMENT 4.1 The hours of operation of the drive-through shall be limited to the hours between 6:00 am and 11:00 pm consistent with Meridian City Code 6-3-6: Noises Creating Public Disturbance due to the proximity of the use in relation to an established residential area. 5. SANITARY SERVICES 5.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of Meridian Planning Department, the applicant shall submit a scaled site plan and detail of the trash enclosure to Doug Mason, SSC (888-3999) that demonstrates compliance with the following items: a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle back-up requirement)J; b. Sufficient overhead clearance height for service vehicles (a minimum 13' clearance is required, including power and telecommunication lines; this requirement increases to 22' at container service locations); c. Ample number and size of waste receptacles/enclosures to meet waste generation points and volumes; d. Adequate waste enclosure access (the applicant shall provide drive-on capability for 6 and 8 cubic yard containers; allow a minimum of 60' frontal clearance); e. Adequate turning radius (provide a minimum 28' inside and 48' outside for all entrances, internal roads, drive aisles, alleys, and private streets where they intersect a public street); f. Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. g. Meets design standards for waste enclosure(s): i. Concrete pad for the waste enclosure (required for all enclosures); ii. Concrete apron in front of waste enclosure (minimum 8' in depth) iii. Gate locks for the waste enclosure for both open and closed positions; iv. Clearance inside waste enclosure gates (minimum 12' x 10' when in open position) Note.' If building tenant wishes to recycle, please contact Doug Mason, SSC at 888-3999 for minimum dimensional requirements; v. Bollards inside the enclosure to prevent the container from damaging the walls and gates; vi. Waste enclosure user access (When possible, the enclosure should be designed with an easy pedestrian access point other than the front gates to ensure less mess within the enclosure as well as reduce gate damage); PAGE 14 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACRD has no site specific conditions of approval for this application at this time due to the fact there is no ACHD street frontage abutting the site. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. 8. IDAHO TRANSPORTATION DEPARTMENT 8.1 The Idaho Transportation Department did not submit comments on this application. PAGE 15 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) 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. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district. (see Analysis Section IX for more information). 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 proposed use is consistent with the Comprehensive Plan future land use map designation of Commercial for this site. Further, staff fmds the proposed use is consistent with the Comprehensive Plan in that the proposed restaurant will contribute to the variety of commercial opportunities & services available in the City. 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 proposed restaurant should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 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 should 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. 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. PAGE 16 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 will increase with the approval of restaurant in this location; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public since the Comprehensive Plan and UDC anticipated the site to be developed with commercial uses. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed use 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 the proposed use that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. 2. Design Review (UDC 11-SB-8D) In order to grant approval for an administrative design review, the director shall determine that the proposed structural and/or site designs conform to the standards and meet or exceed the intent of the "City of Meridian Design Manual." Staff has reviewed the proposed site plan and building elevations submitted with the subject application and has deemed them to be in substantial conformance with the City's design standards and guidelines if the applicant complies with the conditions of approval listed in Exhibit B. See Section IX of the staff report for more information.