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Staff ReportPapa Murphy’s CUP-15-010 PAGE 1 STAFF REPORT Hearing Date: June 4, 2015 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: CUP-15-010 – Papa Murphy’s I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, James Wylie, has submitted an application for a conditional use permit (CUP) for a restaurant (Papa Murphy’s) in an L-O zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff 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 C of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number CUP-15-010, as presented in the staff report for the hearing date of June 4, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number CUP-15-010, as presented during the hearing on June 4, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-15-010 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 subject property is located at 2723 S. Bartlett Avenue, in the SW ¼ of Section 19, Township 3 North, Range 1 East. (Parcel No. R4541760250) B. Owner(s): Dave Turner 10248 Turner Drive Middleton, ID 83644 C. Applicant: James Wylie 1676 N. Clarendon Way Eagle, Idaho 83616 Papa Murphy’s CUP-15-010 PAGE 2 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 & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 18 and June 1, 2015 C. Radius notices mailed to properties within 300 feet on: May 14, 2015 D. Applicant posted notice on site(s) on: May 23, 2015 VI. LAND USE A. Existing Land Use(s) and Zoning: The site is currently undeveloped and zoned L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Animal care facility, zoned L-O East: Bartlett Avenue and vacant single residential property, zoned R-8 South: Vacant commercial property, zoned L-O West: Meridian Road and a church, zoned C-G C. History of Previous Actions: In 2013, this property was included in the annexation, preliminary plat and final plat applications for Jack’s Place Subdivision (AZ-13-006; PP-13-010; FP-13-038). A development agreement was required as a provision of annexation, recorded as instrument #113103819. D. Utilities: 1. Public Works: a. Location of sewer: Sewer was stubbed to this site with development of the plat. b. Location of water: Water was stubbed to this site with development of the plat. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no open canals or ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within a flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Office. This designation will provide opportunities for low-impact business areas. These would include offices, technology and resource centers; ancillary commercial uses may be considered. This property is currently zoned L-O, which is consistent with the Office FLUM designation. A restaurant use is proposed which requires conditional use approval in the L-O zoning district. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Papa Murphy’s CUP-15-010 PAGE 3  “Identify transitional areas to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses.” (3.05.03A) The future commercial use of this site as a take-out restaurant will serve as a transition and buffer between State Highway 69 and existing and future residential properties to the east.  “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Street buffer and parking lot landscaping is proposed on the site/landscape plan in Exhibit A.2 in accord with this policy and UDC standards.  “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The property to the east is in the development process as a residential subdivision. Because the proposed restaurant does not have a drive-thru and does not cook food at the site there shouldn’t be any significant noise, odor or air pollution. The site will have street buffer and parking lot landscaping.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed take-out restaurant will contribute to the variety of services available in the southern portion of the City.  “Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) There is adequate water supply and pressure available to the site for fire protection. For the above-stated reasons, staff feels the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. 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 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. Allowed uses in the L-O district include restaurants with conditional use approval. B. Schedule of Use: Unified Development Code (UDC) 11-2B-3 lists the permitted, accessory, conditional, and prohibited uses in the L-O zoning district. The proposed restaurant use is listed as a conditional use in the L-O district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the L-O zoning district apply to development of this site. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-3 and UDC 11-3B-7C for the L-O zoning district. Parking lot landscaping: All parking lot landscaping shall 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. Papa Murphy’s CUP-15-010 PAGE 4 F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests conditional use permit approval to develop the 0.29 acre site with a 1,550 square foot (s.f.) restaurant for Papa Muphy’s. A conditional use permit is required for a restaurant in the L-O zoning district. Site Plan: A site plan is included in Exhibit A.2 that shows how the site is proposed to develop with a restaurant and associated parking. Access: Access to the site is proposed from S. Barlett Avenue, a local street, via S. Meridian Road. Parking: Vehicle parking is required with development of the site. Based on the square footage of the building (1,550 s.f.), a minimum of 3 parking spaces are required to be provided per UDC 11-3C-6B, in accord with the standards listed in UDC 11-3C-5. The site plan depicts a total of 8 spaces in accord with the aforementioned requirements. Additionally, based on the number of vehicle parking spaces provided (8), a bicycle rack capable of holding a minimum of one bicycle is required per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. A bicycle rack is depicted on the site plan. A detail of the bicycle rack should be included on the site plan submitted with the Certificate of Zoning Compliance (CZC) application to ensure compliance with the standards listed in UDC 11-3C-5C. Landscaping: Landscaping is required to be provided with development of the site in accord with the standards listed in UDC 11-3B. A 10-foot wide street buffer is required along S. Bartlett Avenue and E. Edmonds Drive, both local streets, as set forth in UDC Table 11-2B-3 in accord with the standards listed in UDC 11- 3B-7C as shown on the site/landscape plan. A 35-foot wide street buffer was provided along S. Meridian Road with development of the subdivision. Parking lot landscaping is required in accord with the standards listed in 11-3B-8C. The street buffers along S. Meridian Road and S. Bartlett Avenue serve as planter islands at the ends of the row of parking. Trash Enclosure: A screened trash/mechanical area is depicted on the site plan on the east side of the building. A detail of the screened area should be submitted with the Certificate of Zoning Compliance application. The UDC (11-3B-5M) does not allow chainlink fencing, with or without slats, to qualify as a screening material. Hours of Operation: The application does not state what the proposed hours of operation for this business will be. The L-O zoning district restricts hours of operation from 6 am to 10 pm. Building Elevations: Building elevations have been submitted for the future structure as shown in Exhibit A.3. Building materials consist of stucco with stone veneer and stucco band accents with architectural asphalt shingles. 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. Staff recommends the stone veneer shown on the middle columns on the north elevation be Papa Murphy’s CUP-15-010 PAGE 5 extended to the roofline to match the south and west elevations and to provide a little more modulation in the façade facing E. Edmonds Drive. Further, staff recommends architectural elements are added to the north and east facing elevations, including but not limited to, window, awnings and arcades, with color, texture and/or materials to mitigate blank walls adjacent to the public streets. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Proposed Site/Landscape Plan (dated: 04/28/15) 3. Proposed Building Elevations (dated: 04/28/15) B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code Papa Murphy’s CUP-15-010 PAGE 6 Exhibit A.1: Vicinity/Zoning Map Papa Murphy’s CUP-15-010 PAGE 7 Exhibit A.2: Site/Landscape Plan (dated: 04/28/15) Papa Murphy’s CUP-15-010 PAGE 8 Exhibit A.3: Building Elevations (dated: 04/28/15) Papa Murphy’s CUP-15-010 PAGE 9 B. Conditions of Approval 1. PLANNING DIVISION 1.1 The applicant shall comply with all previous conditions of approval associated with this site including the provisions in the development agreement recorded as Instrument No. 113103819. 1.2 The site/landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Include a detail of the bicycle rack that complies with the standards listed in UDC 11-3C-5C. b. Include a detail of the screened area for the trash/mechanical area. 1.3 Business hours of operation in the L-O zoning district are restricted to those hours between 6 am and 10 pm, per UDC 11-2B-3A.4. 1.4 The building elevations included in Exhibit A.3 should be revised in accord with the design standards listed in UDC 11-3A-19 to include the extension of the stone veneer on the middle columns on the north elevation to the roofline to match the south and west elevations and to provide a little more modulation in the façade facing E. Edmonds Drive. Further, architectural elements are required on the north and east facing elevations, including but not limited to, window, awnings and arcades, with color, texture and/or materials to mitigate blank walls adjacent to the public streets. 1.5 The site/landscape plan and building elevations submitted with the Certificate of Zoning Compliance and Design Review application shall substantially comply with those included in Exhibit A and the conditions of approval in this report. 1.6 The applicant is required to obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division prior to submittal of a building permit application. The site and building design shall comply with the site plan and elevations shown in Exhibit A, the design standards listed in UDC 11-3A-19, and the guidelines in the Meridian Design Manual. 1.7 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 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 11-5B-6F. 1.8 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The proposed project has no Fire Department concerns. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. REPUBLIC SERVICES 5.1 Contact Bob Olson at Republic Services (208-345-1265) for coordination of trash pick-up on the site. Papa Murphy’s CUP-15-010 PAGE 10 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACHD did not submit comments on this application. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. Papa Murphy’s CUP-15-010 PAGE 11 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 the dimensional & development regulations of the L-O zoning 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 and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Office 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 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 property 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 the proposed use will be served by all essential public facilities and services. 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 finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. Papa Murphy’s CUP-15-010 PAGE 8 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.