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Shops At Sawtooth Village CUP H-2017-0096CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0096 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit for a Drive-Through Establishment within Three Hundred Feet (300’) of a Residential Use and District on 0.55 of an Acre of Land in the C-N Zoning District, Located at 4698 N. Linder Road, by TS Development, LLC. Case No(s). H-2017-0096 For the Planning & Zoning Commission Hearing Date of: August 17, 2017 (Findings on September 7, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 17, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 17, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 17, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 17, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0096 Page 2 upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of August 17, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission’s authority as provided in Meridian City Code § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of August 17, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff report for the hearing date of August 17, 2017 By c,tiq.n ofPlanning & Zoning Commission at its regular meeting held on the day of , 2017. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED Ye4— COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED �1 COMMISSIONER STEVEN YEARSLEY VOTED. COMMISSIONER GREGORY WILSON VOTED COMMISSIONER TREG BERNT VOTED COMMISSIONER WILLIAM CASSINELLI VOTED COMMISSIONER JESSICA PERREAULT VOTED nda McCarvel, Chairman -'00 Attest: ` City of: I-II .a C.6y Coles, Clerk SEAL rFR a'' Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department, the Public Works Department and the City Attorney. By: G - Sq 1 (;vi.� Dated: 71 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0096 Page 3 EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 1 STAFF REPORT Hearing Date: August 17, 2017 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate City Planner 208-884-5533 SUBJECT: Shops at Sawtooth Village Lot 25 – CUP (H-2017-0096) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, TS Development, LLC, has applied for a conditional use permit for a drive-through establishment within 300 feet of a residential use and district on 0.55 of an acre of land in the C-N 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. The Meridian Planning and Zoning Commission heard this item on August 17, 2017. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Patrick McKeegan, Project Architect ii. In opposition: None iii. Commenting: None iv. Written testimony: Mary Murphy, Applicant (in agreement with staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Concern regarding sufficiency of the parking for this site and the adjacent future site. c. Key Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0096 as presented in the staff report for the hearing date of August 17, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0096 as presented during the hearing on August 17, 2017, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Continuance I move to continue File Number H-2017-0096 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the east side of N. Linder Road, approximately 1/8 mile south of W. McMillan Road at 4698 N. Linder Road, in the northwest ¼ of Section 36, Township 4 North, Range 1 West. B. Owner(s): TS Development, LLC 4202 N. Marcliffe Ave. Boise, ID 83704 C. Applicant: Same as Owner D. Contact: Mary Murphy, Grand Peak, LLC 4202 N. Marcliffe Ave. Boise, ID 83704 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: July 28, 2017 C. Radius notices mailed to properties within 300 feet on: July 19, 2017 D. Applicant posted notice on site by: August 4, 2017 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant/undeveloped land, zoned C-N. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant/undeveloped property, zoned C-N East: Multi-family development, zoned R-15 South: Vacant/undeveloped property, zoned C-N West: Vacant/undeveloped property, zoned L-O C. History of Previous Actions:  In 2013, this property was annexed (AZ-13-010) with the requirement of a development agreement, recorded as Instrument No. 114099372. A preliminary plat (PP-13-022) was also approved which included the subject property.  In 2015, a final plat (FP-15-001) was approved and later recorded which included the subject property as Lot 25, Block 1, McLinder Subdivision No. 2. EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 3 D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to this project currently exist adjacent to the site. b. Location of water: A water main intended to provide service to this project currently exist adjacent to the site. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways crossing this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within the flood plain. VII. COMPREHENSIVE PLAN This property is designated Mixed Use - Neighborhood (MU-N) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of MU-N designated areas is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominately single- use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service that people typically do not travel far for (approximately one mile) and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Tree-lined narrow streets are encouraged. Developments are also encouraged to be designed according to the conceptual MU-N plan depicted in Figure 3-1 in the Comprehensive Plan (pg. 25). The applicant proposes to develop the site with a multi-tenant commercial building containing a drive-through establishment. Drive-through establishments are not specifically listed as an appropriate use in the MU-N designation; however, the existing C-N zoning for the property does allow drive-through establishments as a conditional use. The proposed use associated with the drive-through is classified as a restaurant but is of a smaller scale selling mainly sodas and cookies. The use is consistent with the purpose of the MU-N designation in that it will provide goods to adjacent residents as well as neighbors and passersby in the vicinity; connectivity and access is provided between the proposed use and adjacent residential neighborhood; trees are proposed for a buffer along the drive aisle that separates the commercial from residential uses; and the proposed design of the overall development is consistent with the MU-N concept diagram contained in 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):  “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Parking lot landscaping and a buffer to residential uses is required to be provided with development of this site in accord with UDC standards for such. EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 4  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed and future neighborhood commercial uses should be compatible with and provide goods for existing adjacent residents. The residential uses will be buffered from the commercial uses by landscaping and a shared drive-aisle.  “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.  “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The multi-tenant building will provide for future service oriented uses which will serve and be within walking distance of adjacent multi-family residential uses.  “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02O) An ingress/egress easement exists on this site from W. Ann Taylor St., N. Linder Road and W. McMillan Road. This easement reduces access points to the adjacent arterial streets and provides for interconnectivity and access between the residential and commercial development.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” Landscaping is required within parking lots in accord with the standards listed in UDC 11- 3B-8C.  “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The drive-through is not proposed to have a speaker; all ordering will take place at the window or someone will personally go out to the vehicles to take orders. Landscaping is proposed along the east boundary of the site to buffer the building and use from the adjacent residents. There will likely be some air pollution from the cars idling in the drive-through although it shouldn’t be excessive.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed use will contribute to the variety of goods available in this area of the City. For the above-stated reasons, staff believes the proposed use is consistent with the applicable comprehensive plan policies noted and is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone(s): 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-2 lists the permitted, accessory, conditional, and prohibited uses in the C-N zoning district. A restaurant is a principal permitted EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 5 use in the C-N zoning district; a drive-thru establishment requires conditional use permit approval when located within 300 feet of a residence, residential use, or another drive-thru establishment. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-N zoning district apply to development of this site. D. Structure and Site Design Standards: Development is required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: CONDITIONAL USE PERMIT (CUP): The applicant requests CUP approval of a drive-through establishment in a C-N zoning district within 300 feet of existing residences and residential zoning (R-15) as required by UDC Table 11-2B-2 and 11-4-3-11A. Specific Use Standards: Drive-through Establishment: Per UDC 11-4-3-11, there are specific use standards that apply to drive-through establishments 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 (CZC) application. A speaker is not proposed and not approved; all orders will be taken at the drive-up window or someone will walk out and take orders. The stacking lane and window location is not specifically called out on the plan. These items should be clearly depicted on the plans submitted with the CZC application.  A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the plan shall demonstrate compliance with the following standards:  Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons. The site plan demonstrates sufficient area for stacking that won’t obstruct the public right-of-way.  The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. Although there is sufficient area for a circulation lane alongside the stacking lane, the stacking lane and circulation lane are not delineated as such on the plan; a revised plan should be submitted with the Certificate of Zoning Compliance that clearly identifies the two.  The stacking lane shall not be located within ten feet (10’) of any residential district or existing residence. The site plan demonstrates compliance with this standard (the nearest residence is approximately 100 feet away to the east).  Any stacking lane greater than one hundred feet (100’) in length shall provide for an escape lane. A 20-foot wide driveway is proposed from the northwest corner of the building to the drive-through window which will allow for a stacking lane and an escape lane/circulation lane for vehicles exiting the drive-through and/or parking stalls on the north side of the building.  The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is visible from N. Linder Road as required.  The applicant shall provide a 6-foot sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. The proposed stacking lane and window is located on the south side of the building; no residences exist or are proposed to the EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 6 south. The nearest residence is approximately 100 feet away to the east, therefore this standard is not applicable. Dimensional Standards: The proposed development is required to comply with the dimensional standards of the C-N zoning district listed in UDC Table 11-2B-3. There are no required building setbacks in the C-N district; however, a 25-foot wide street buffer is required along N. Linder Road and a 20-foot wide landscape buffer to residential uses is required along the east boundary of the site, which acts as a building setback as structures can’t encroach within the buffer. The proposed building height listed on the site plan is 26 feet; the maximum building height allowed is 35 feet – the plan incorrectly states 45 feet and should be corrected. The plan also incorrectly states the minimum lot width is 30 feet – there is no minimum lot width requirement. Staff has reviewed the site plan and the proposed building complies with the dimensional standards as required. Site Plan: The site plan depicts a 2,880 square foot building on the site with a patio area, drive- through and associated parking. The majority of the parking is located on the adjacent property to the south, which will either require a shared use agreement for parking with the adjacent property owner, or a property boundary adjustment to shift the property line to the south to incorporate that area within the subject property. Access: An east/west ingress/egress easement exists along the north boundary of this site for access to McLinder Subdivision via N. Linder Road and a north/south ingress/egress easement exists along the east boundary of this site for access via W. Ann Taylor Street from Linder Road, as depicted on the final plat for McLinder Subdivision No. 2. The subject property is accessed via a one-way driveway at the northeast corner of the site and vehicles exit the site via a one-way driveway at the southeast corner of the site. Parking: The UDC requires off-street vehicle parking to be provided on the site in accord with the standards listed in 11-3C-6B for development in commercial districts. One space is required for every 500 square feet of gross floor area. Therefore, based on 2,880 square feet, a minimum of 6 off-street vehicle parking spaces are required. A total of 17 spaces are proposed in accord with this standard; 6 on this site and 11 on the adjacent property to the south. The parking located on the adjacent property will require a shared use agreement with the property owner to the south as set forth in UDC 11 -3C- 7B and mentioned above; or, a property boundary adjustment application may be submitted to shift the property line further to the south to include the parking area on this site. Although the number of parking spaces complies with and exceeds UDC standards, some of the spaces are located such that they may create traffic conflicts. Therefore, Staff recommends the following changes: 1) Remove the handicap accessible stall at the entrance of the driveway and relocate it to the first diagonal space so that vehicles aren’t backing out into the entrance of the site; and 2) the two spaces located on the west side of the building should be designated for employee parking only. Staff also recommends a minimum 5’ wide sidewalk is provided along the north side of the building adjacent to the parking for pedestrian access to the building with wheel stops in the parking spaces to prevent vehicle overhang. In the alternative, a 7’ wide sidewalk may be provided to allow vehicle overhang without wheel stops in which case, the length of the stalls may be reduced 2’ to 17’. The parking spaces on the north side of the building are accessed by the one-way driveway into the site. In order to exit the site from these parking spaces, it’s necessary for vehicles to drive around the rear of the building and exit through the escape lane for the drive-through; the applicant should consider also designating these spaces for employee parking. Staff isn’t overly supportive of the design as it creates an awkward traffic flow out of the site, however the UDC does not prohibit it. EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 7 One bicycle parking space is required to be provided for every 25 proposed vehicle spaces or portion thereof per UDC 11-3C-6G. Therefore, based on 17 vehicle spaces, a minimum of one bicycle parking space should be provided. Bicycle parking should be depicted on the site plan submitted with the Certificate of Zoning Compliance along with a detail in accord with the standards listed in UDC 11-3C-5C. Landscaping: Landscaping is required to be provided with development of the site as set forth in UDC 11-3B. A 25’ wide street buffer with landscaping was required along N. Linder Road with the subdivision improvements for McLinder Subdivision No. 2. A 20’ wide buffer to residential uses is required with development of this site along the east boundary in accord with the standards listed in UDC 11-3B- 9C. Buffers to residential uses are required to have a mix of materials (i.e. evergreen & deciduous trees, shrubs, lawn or other vegetative ground cover) that result in a barrier that allows trees to touch at maturity; a wall or fence may be provided in addition to the landscape buffer to further buffer the residential properties. Staff recommends additional landscaping to comply with this requirement is provided along the east boundary to assist in buffering the proposed use and headlights from the drive-through to the adjacent residents. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B- 8C. Each planter island at the end of rows of parking is required to be landscaped with at least one tree; trees should be added at the ends of rows of parking accordingly. Minimum 5-foot wide perimeter buffers are required adjacent to parking, loading or other vehicular use areas, including driveways planted in accord with the standards listed in UDC 11-3B-8C; additional trees are needed to comply with this standard in perimeter buffer along the north and south boundaries of the site. Pathways/Sidewalks: A 10’ wide detached multi-use pathway was required to be constructed along N. Linder Road with the subdivision improvements in accord with the standards in the Pathways Master Plan. A minimum 5-foot wide attached sidewalk or 4-foot wide detached sidewalk should be constructed along the south side of the driveway along the north side of the site and along the east side of the site for pedestrian access from the sidewalk/pathway along Linder Road. Fencing: No fencing exists or is proposed on this site. Lighting: All lighting on the site shall comply with the standards listed in UDC 11-3A-11. Hours of Operation: Business hours of operation within the C-N district are limited to the hours between 6:00 am and 10:00 pm as set forth in UDC 11-2B-3A.4. Building Elevations: Conceptual building elevations were submitted for the proposed structure, included in Exhibit A.3. The structure is proposed to be a single story in height; building materials consist of stucco with ledge stone accents around the base of the structure, heavy timber beams and posts, stained wood fascia and trim, and a metal standing seam roof. Detailed review of the structure will take place with the Certificate of Zoning Compliance and Design Review application; the design of the structure is required to be consistent with the standards listed in the Architectural Standards Manual. Note: The east/west/north/south call-outs appear to be incorrect and should be corrected on the plans submitted with the Certificate of Zoning Compliance application (staff has labeled the elevations correctly in Exhibit A.3). Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted prior to application for a building permit to ensure that all construction and the establishment of the new use complies with all of the provisions of the UDC and the conditions of approval in this report. Design Review (DES): An Administrative Design Review application is required to be submitted for approval of the proposed structure per UDC 11-5B-8. Development is required to comply with the EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 8 design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. The application is required to be submitted concurrently with the Certificate of Zoning Compliance application. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Proposed Site/Landscape Plan (dated: 6/28/2017) 3. Proposed Building Elevations (dated: 6/28/2017) 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 EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 9 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 10 Exhibit A.2: Proposed Site/Landscape Plan (dated: 6/28/2017, REVISED 8/9/2017) NOT APPROVED EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 11 REVISED EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 12 Exhibit A.3: Proposed Building Elevations (dated: 6/28/2017) NORTH SOUTH WEST EAST EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 13 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Development of this site shall be consistent with the provisions of the development agreement (Instrument No. 114099372) and all previous conditions of approval as applicable (AZ-13-010; PP-13-022; FP-15-001). 1.2 The site/landscape plan included in Exhibit A.2 shall be revised as follows: a. Identify the stacking lane, escape lane, circulation lane, and window location on the plans. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; striping or curbing shall be depicted to delineate the two. b. Provide a bicycle rack capable of holding a minimum of one bicycle in accord with the standards listed in UDC 11-3C-5C. c. Depict a minimum 5-foot wide attached sidewalk or 4-foot wide detached sidewalk along the south side of the driveway along the north side of the site and along the east side of the site for pedestrian access from the sidewalk/pathway along Linder Road to the main building entrance (or patio area) in accord with UDC 11-3A-19A.4. d. The handicap parking stall located at the entry to the site should be removed and relocated to the adjacent diagonal space on the north side of the building. e. Provide a minimum 5-foot wide sidewalk in front of the row of parking on the north side of the building with wheel stops in parking spaces to prevent vehicle overhang. Note: In the alternative, the sidewalk may be widened to 7 feet to allow for vehicle overhang if wheel stops aren’t provided; the length of the stall may then be reduced from 19’ to 17’. f. Provide additional landscaping along the east boundary of the site in accord with the standards listed in UDC 11-3B-9C for buffers to adjoining residential uses; inclusion of a wall/fence should also be considered to further assist in buffering the residential uses from noise and headlights from the drive-through. The landscape buffer shall result in a barrier that allows trees to touch at maturity. g. Provide additional trees within the perimeter buffers along the north and south boundaries of the site to comply with the standards listed in UDC 11-3B-8C.1. 1.3 Development shall comply with the dimensional standards of the C-N zoning district listed in UDC Table 11-2B-3. 1.4 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11 for drive- through establishments. 1.5 A speaker within the drive-through is not proposed and thus, is not allowed due to the proximity of adjacent residences. 1.6 Business hours of operation in the C-N district are limited to the hours between 6:00 am and 10:00 pm as set forth in UDC 11-2B-3A.4. 1.7 All outdoor equipment areas shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets per UDC 11-3A-12. 1.8 All lighting on the site shall comply with the standards listed in UDC 11-3A-11. 1.9 Submit a recorded shared use agreement for parking on the adjacent property to the south as set forth in UDC 11-3C-7B with the Certificate of Zoning Compliance application; or, submit a property boundary adjustment application to shift the southern property line further to the south to EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 PAGE 14 include the parking and associated drive-aisle necessary for access and obtain approval of such prior to issuance of Certificate of Occupancy. 1.10 The applicant shall submit a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. 1.11 The applicant shall submit an application for Administrative Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to comply with the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 2. PUBLIC WORKS DEPARTMENT 2.1 Applicant shall be responsible to install sanitary sewer and water services to the proposed use. 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. REPUBLIC SERVICES 5.1 Obtain approval from Republic Services for trash enclosure location prior to submittal of Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The Parks Department had no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT ACHD has reviewed the submitted application and has determined that there are no improvements required to the adjacent street. The applicant shall be required to: 1. Pay a traffic impact fee. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit by the lead agency. 2. Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. 3. Obtain a permit for any work in the right-of-way prior to the construction, repair, or installation of any roadway improvements ( curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.). EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 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. The Commission finds that the subject property is large enough to accommodate the proposed use and comply with the dimensional & development regulations of the C-N 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. The Commission finds that the proposed use of the property will be harmonious with the UDC and Comprehensive Plan. 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. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed drive-through establishment should be compatible with residential and future neighborhood commercial uses in the area and should not adversely change the 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. The Commission 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. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to be extended to the subject property. The Commission 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. The applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and nor will they 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. The proposed drive-through will not have a speaker so noise resulting from the use should not be excessive, nor should traffic or fumes. Therefore, the Commission finds the proposed use of the site will not be detrimental to any persons, property or the general welfare of the area. EXHIBIT A Shops at Sawtooth Village Lot 25 – CUP H-2017-0096 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. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.