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Staff Report PZChanges to Agenda: Item #4A & B: Sulamita Church: Staff is requesting this item be continued to the January 151h hearing due to a noticing error. Item #4C: Centrepointe Drive-through (CUP -14-017) Application(s): Conditional use permit Size of property, existing zoning, and location: This site consists of 1.22 acres of land currently zoned C -G and is located at 3421 N. Eagle Road. Adjacent Land Use & Zoning: This property is surrounded by commercial development, zoned C -G. History: In 2006, the property received preliminary plat, final plat and development agreement modification approval to develop a commercial subdivision. The recorded DA requires specific design criteria for the buildings. A certificate of zoning compliance was also approved for the construction of the existing 6,400 square foot restaurant. Comprehensive Plan FLUM Designation: MU -R Summary of Request: The applicant has applied for a conditional use permit (CUP) for a drive-through establishment within 300 feet of an existing drive-through establishment in the C -G zoning district. Currently, the site is developed with an existing 6,400 square foot restaurant. This building will be demolished to make way for the proposed development. The scope of work for the new project includes anew 5,100 square commercial w associated drive-through and several minor site modifications (parking lot layout and landscape alterations). The site is currently developed with 58 parking stalls. The parking ratio is not changing with redevelopment of the site. The existing 35 -foot wide landscape buffer adjacent to N. Eagle Road must remain protected during construction. Staffs analysis of the proposed development includes the internal site improvements and the site circulation of the drive-through. The proposed drive-through complies with the specific uses standards in the UDC. The applicant has submitted building elevations for the proposed commercial building. The proposed building materials and design generally comply with the UDC design standards and the recorded DA. Staff has recommended raised brick planters to be incorporated with the trellises proposed for the east and south facades. Written Testimony: Tamara Thompson, Applicant's Representative (response in agreement w/ the conditions in the staff report) Staff Recommendation: Approval w/conditions in Exhibit B. Notes: STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: December 18, 2014 Planning and Zoning Commission Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 Centrepointe Drive-through — CUP -14-017 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IDIAN% IDAHO The applicant, The Land Group, Inc., has applied for a conditional use permit (CUP) for a drive- through establishment within 300 feet of an existing drive-through establishment in the C -G zoning district. See Sections VII, VIII & IXfor more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP application with the conditions of approval listed in Exhibit B and based on the Findings of Fact and Conclusions of Law listed in Exhibit C. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP -14- 017 as presented in the staff report for the hearing date of December 18, 2014, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP -14-017 as presented in the staff report for the hearing date of December 18, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP -14-017 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: The site is located at 3421 N. Eagle Road in NE 1/4 of Section 32, Township 4 North, Range 1 East. (Parcel #R1343770170) B. Owner: Interface Properties 1001 E. Telcom Drive Boca Raton, Florida 33431 Centrepointe Drive-through — CUP -14-017 PAGE 1 C. Applicant: Tamara Thompson, The Land Group, Inc. 462 E. Shore Drive Eagle, Idaho 83616 D. 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 and Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 1, and 15, 2014 C. Radius notices mailed to properties within 300 feet on: November 20, 2014 D. Applicant posted notice on site by: December 5, 2014 VI. LAND USE A. Existing Land Use(s): The property is currently developed with an existing 6,400 square foot commercial building (Fuddruckers restaurant) that will be demolished to construct the proposed development. The property is zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This property is surrounded by commercial development, zoned C -G. C. History of Previous Actions: In 2004, as part of the Blue Marlin Annexation, the property received annexation approval (AZ -03-025) with commercial zoning subject to a recorded development agreement (Instrument #105048793). In 2006, the property received preliminary plat, final plat and development agreement modification (PP -06-020, FP -06-035 and MI -06-008) approval to develop a commercial subdivision. The new development agreement recorded as Instrument #106191305. A certificate of zoning compliance (CZC-06-214) was also approved for the construction of the existing 6,400 square foot restaurant. D. Utilities: 1. Public Works: a. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities exist on this property. 2. Hazards: NA 3. Flood Plain: This property is not within the flood plain. VII. COMPREHENSIVE PLAN ANALYSIS This property is designated "Mixed Use Regional" on the Comprehensive Plan Future Land Use Map. The purpose of this land use designation is to provide a mix of employment, retail and residential dwellings near major arterial roadways. The proposed development is part of a larger mixed-use development known as Centrepointe Marketplace, approved under a master site plan. To further the goals of the MU -R designation, the Centrepointe Drive-through — CUP -14-017 PAGE 2 Council recently approved a residential component for the development. Since the applicant is proposing to replace an existing commercial development with another one in accord with the approved master site plan, staff finds the site is consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. "Require landscape street buffers for development along all entryway corridors." (2.01.02E) A 35 foot wide landscape buffer was installed adjacent to N. Eagle Road in accord with UDC I1 - 3B -7C with the development of the Centrepointe Subdivision. This buffer is to remain with the redevelopment of the parcel. 2. "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets." (2.01.0413) All parking lot landscaping must comply with the standards listed in UDC 11 -3B -8C. 3. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0 IF) City services are readily available to serve the proposed commercial development. 4. "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3.05.01J) The City approved C -G zoning on this property to serve the area. Staff believes the drive-through use will complement the existing and planned developments in the area. 5. "Reduce the number of existing access points onto arterial streets by using methods such as cross - access agreements, access management, and frontage/backage roads." (3.03.020) The existing access points to this development and the reciprocal cross access agreement were reviewed and approved with the Centrepointe Subdivision. A backage road (N. Centrepointe Way) is provided to the west of the proposed development. 6. "Implement the City's Pathways Master Plan." (5.03.01A) With the construction of the street buffer adjacent to N. Eagle Road, a 10 foot wide pathway was constructed in accord with the UDC. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): COMMERCIAL DISTRICTS (C -G) - The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six 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: Table 11-213-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C -G zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The drive-through establishment requires conditional use permit approval because it's proposed within 300 feet of another drive-through establishment subject to the specific use standards set forth on UDC 11-4-3-I1. Centrepointe Drive-through — CUP -14-017 PAGE 3 C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C -G zoning district. D. Landscaping: • Street buffer landscaping must be installed in accordance with the standards listed in UDC Tablel 1-2B-3 and UDC 11 -3B -7C for the C -G zoning district. The existing 35 foot wide landscape buffer along Eagle Road will remain unchanged with the redevelopment of the site. • Parking lot landscaping: Any and all modifications to the parking lot landscaping must comply with the standards listed in UDC 11 -3B -8C. E. Off -Street Parking: Off-street parking is required in accord with UDC 11 -3C -6B for the proposed commercial development. The site is currently developed with 58 parking stalls. The parking ratio is not changing with redevelopment of the site. F. Design Standards: The proposed development must comply with the structure and site design standards in accord with UDC 11-3A-19. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional Use Permit (CUP): As previously mentioned, the site is currently developed with an existing 6,400 square foot restaurant. This building will be demolished to make way for the proposed development consisting of minor site modifications (e.g. parking lot layout and landscape alterations) and a 5,100 square foot building with associated drive-through. All access' and cross access were approved with the platting of the property. The proposed site layout is consistent with the concept plan approved for the Centrepointe development. The UDC requires a conditional use permit if the drive-through establishment is within 300 feet of an existing drive-through establishment subject to the specific use standards listed below. Staff s analysis of the proposed development includes the internal site improvements and the site circulation of the drive-through. Drive-through Establishment: Per UDC 11-4-3-11, the following specific use standards apply to the proposed drive-through use 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 (CZC) application. All items are accounted for on the submitted site plan. These items must also be included on the site plan submitted with the CZC application. B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. The submitted site plan demonstrates the stacking lane will not obstruct any public ROW because it is internal to the site and is located away from all major drive aisles into the commercial development. C. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. On the submitted site plan, the applicant has demonstrated the proposed stacking lane can accommodate up to ten (10) vehicles. Without knowing the end user and depending on the volume of the drive-through, there is a potential that vehicles could impede the southernmost drive -aisle and parking area. However, the site does have additional parking and access to one of the main drive aisles even if this parking area is impeded in the short term. Staff believes there is adequate stacking capacity for the proposed drive-through. Centrepointe Drive-through — CUP -14-017 PAGE 4 D. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. NA (The proposed stacking lanes are not within 10 feet of a residential district or residence.) E. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. The stacking lane on the east side of the proposed building has been designed to serve as the stacking lane and the exit lane (18 feet wide) in accord with this standard. Site Plan: The submitted site plan is generally compliant with the dimensional standards of the UDC. Parking: The site is currently developed with 58 parking stalls. The applicant is proposing minor changes to the parking layout to accommodate the proposed development. The existing trash enclosure on the north end of the Fuddruckers building will be relocated to the south boundary. The relocation of the trash enclosure requires the loss of three (3) parking stalls, however; three (3) additional parking stalls are being provided in the northeast corner. Even with the minor site modifications, the off-street parking exceeds the parking standards of the UDC. Landscaping: Staff has reviewed the submitted landscape plan for compliance with UDC 11-313. The existing 35 -foot wide landscape buffer adjacent to N. Eagle Road will remain as part of the proposed development. For purposes of this application, staff has analyzed the internal site modifications to the existing parking lot landscaping. Staff recommends the following revisions to the submitted landscape plan: 1) The existing 35 -foot wide landscape buffer adjacent to N. Eagle Road must remain protected during construction. 2) With the submittal of the CZC application, all parking lot landscaping must comply with the landscape standards set forth in UDC 11 -3B -8C. The following items need to be revised as follows: ➢ The planter island on the west side of the new trash enclosure shall not be less than 5 feet in any dimension, measured inside of curbs and must include a 2 -inch caliper deciduous tree; ➢ All new landscape areas must be at least 70% percent covered with vegetation at maturity in accord UDC 11 -3B -5N. Building Elevations: The applicant has submitted building elevations for the proposed commercial building. The recorded development agreement requires specific design criteria as follows: 1) Front facades shall incorporate windows, modulations in the fagade and roof line recesses and projections a minimum of 20 percent of the fagade. The west elevation (front elevation) incorporates windows and modulation in facade and roof line in accord with this DA provision however to solidi the design and incorporate modulation to south and east elevation staff recommends the following revision: • The decorative metal trellis proposed for the east and south facades should incorporate raised brick planters constructed to the height of the brick wainscot. 2) At least two (2) changes in one or a combination of the following shall be incorporated into the building design: color, texture and materials. Every fagade incorporates a minimum of three (3) building materials stucco, 5 -inch plank cedar/redwood siding and brick. The Centrepointe Drive-through — CUP -14-017 PAGE 5 proposed building materials should provide a mix of colors, texture and materials in accord with this DA provision. 3) Exterior building walls shall demonstrate the appearance of high quality materials of stone, brick, stucco, wood or other native materials. As noted above, the proposed building materials represent durable materials as required in the recorded development agreement. 4) All ground and roof top mechanical equipment shall be screened from view. The rear elevation (east elevation) depicts an 8 -foot tall screen wall in accord with this DA provision. If the design incorporates the raised planters as noted above, staff is supportive of the proposed building elevations. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Summary: In summary, staff finds the proposed project complies with the applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed CUP Site Plan (dated: 11/05/14) 3. Proposed Landscape Plan (dated: 11/05/14) 4. Proposed Building Elevation (dated: 11/04/14) B. Conditions of Approval C. Required Findings from Unified Development Code Centrepointe Drive-through — CUP -14-017 PAGE 6 Exhibit AA: Vicinity Map Vicinity Map o 0.175 o3Miles 0 i M Legend g ..... i _ p '1-+✓ 3 TM inommtion shown on Nrs mop is WmpAetl ft—, n sub ecl to constant rev M The Cir, venous 6ian make's of Llerisian mokes no wonenry or guar tea os b ttre oonlem, aca,recy, oma:— or oompleten of env of the Area of Impact F date provided, end e55arne5 no lead r25p gnsiCiily M InP Parcels - Meridian +r mtormatlan contaned on this mop. il tl� T.i iT II H ME j I _ � n I E IDIAN--- PdrA Date: 1215*014 Vicinity Map 0 0.175 0.35 N61es i5 E ti �i yl"'i 1 xx�" x" �iw.z.-.. � `• _ .,,ow�� . a .. 1Ki.Pa .rl+l�rap 'L- r'nt 1 Z. _ trl�imip. s' 1t-1"I'C s'„a � � - - : � _ -' K • r -lig. M; s! n r 11^4 i v `E IDR IAN%.-- Print Date: 121512014 t Centrepointe Drive-through — CUP -14-017 PAGE 7 Exhibit A.2: Proposed CUP Site Plan (dated: 11/05/14) o .. ft.1w»+!lgrr0�lr. ewtunc OIM F,*d iw rlE�Mw.rEa.Ee Ilup]AREl01 BI�RIY.{YlrlMlYN�ElC u�us • v ..wr ur • �aw.wlr s � •^ a. uwsr�w.asmw�a�v M WOMA. B. GP4Cf:lWRL061101N@BI@B WrtCf:FLREL.RtE�UI!!M!'!GT WE�9IEPI,BRE]m 1IlRMR � y all Centrepointe Drive-through — CUP -14-017 PAGE 8 Exhibit A.3: Proposed Landscape Plan (dated: 11/05/14) wE.rEwarw�.dar: r..erEerr.r.....r awnyr�n umnamo♦aE yrs � e..— {I�♦IY, NE♦EEEM`♦REEF �— s .. A♦ WIEEEp{I,K =7— GYIILT JRSEEOB♦16LK@EI�p ar.. a GYtEtT pIMEL EYEIEEIBUEEIApALRI NiELGKERAERiW f1BLE0 pEtE n. a., ERmM �.r mr x CY►NgEII IErgCEf! ®naase..- a; til Centrepointe Drive-through — CUP -14-017 PAGE 9 Exhibit A.4: Proposed Building Elevations (dated: 11/04/14) Incorporate raised planters 1 w/ Trellis' 6 0 h DOOR Incorporate a raised planter w/ Trellis TE I" -1 A Centrepointe Drive-through — CUP-] 4-017 PAGE 10 B. Conditions of Approval 1. PLANNING DIVISION Conditional Use Permit The applicant shall comply with any applicable conditions of approval for Centrepointe Subdivision (AZ -03-025, PP -06-020, FP -06-035, CZC-06-214 and DA #106191305). The applicant shall comply with the Specific Use Standards for the drive-through establishment in accord with UDC 11-4-3-11. 3. The site plan, prepared by The Land Group Inc., dated 11/05/14, is approved, with the conditions listed herein. The applicant shall revise the site plan as follows: a. Provide a detail of the bike rack. 4. The landscape plan, prepared by The Land Group Inc., dated 11/05/14, is approved, with the conditions listed herein. The applicant shall revise the landscape plan as follows: a. The existing 35 -foot wide landscape buffer adjacent to N. Eagle Road must remain protected during construction. b. All parking lot landscaping shall comply with the landscape standards set forth in UDC 11- 3B -8C. The following items need to be revised as follows: ➢ The planter island on the west side of the new trash enclosure shall measure 5 feet inside of curbs and include a 2 -inch caliper deciduous tree; ➢ All new landscape areas must be at least 70% percent covered with vegetation at maturity in accord UDC 11 -3B -5N. 5. The elevations, dated 11/04/14, are approved, with the conditions listed herein. The applicant shall include the following revisions to the building elevations: a. The decorative metal trellises proposed on the south and east elevations shall incorporate raised brick planters constructed to the height of the brick wainscot. 6. The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed use and final site layout and building designs prior to applying for a building permit. 7. The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 8. Staff s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 9. The applicant shall have a maximum of two (2) years to commence the drive-through use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-513-61'. 10. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 11. The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 12. The signage for the property is subject to the standards set forth in UDC 11-31). Centrepointe Drive-through — CUP -14-017 PAGE 11 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The Public Works Department has no comments related to this application. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments related to this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments related to this application 5. REPUBLIC 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 Bob Olson at Republic Services (345-1265) that demonstrates compliance with the following items: a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle back-up requirement)]; 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 Bob Olson at Republic Services (345- 1265) 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); 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (NO COMMENTS PROVIDED ON THIS APPLICATION) Centrepointe Drive-through — CUP -14-017 PAGE 12 C. Required Findings from Unified Development Code 1. CONDITIONAL USE PERMIT FINDINGS: In consideration of a conditional use permit, the decision-making body shall make the following findings: 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 drive- through use and development regulations of the C -G district (see Analysis Section VII, VIII & 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 and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MU -R for this site. 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 use of the property 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 will not adversely affect other properties in the area. 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 the proposed use will be served adequately by all of the public facilities and services as applicable. E 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 finds the proposed use will generate additional traffic in the area but should not involve activities that will be detrimental to any persons, property or the general welfare of the area. Centrepointe Drive-through — CUP -14-017 PAGE 13 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. Further, 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. Centrepointe Drive-through — CUP -14-017 PAGE 14