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2017 11-16E IDIAN,-- MERIDIAN PLANNING AND ZONING COMMISSION MEETING AGENDA City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho Thursday, November 16, 2017 at 6:00 p.m. 1. Roll -call Attendance _X_ Treg Bernt _O_ Steven Yearsley O_ Gregory Wilson O_ Ryan Fitzgerald X Jessica Perreault _X_ Bill Cassanelli _X_ Rhonda McCarvel — Chairperson 2. Adoption of the Agenda Adopted 3. Consent Agenda Approved A. Approve Minutes November 2, 2017 Planning and Zoning Commission Meeting B. Findings of Fact Conclusions of Law for Johnny Bronx (H-2017- 0134) by Matt Brown Located at 4970 N Linder Road 4. Action Items A. Public Hearing for Timberline Subdivision (H-2017-0140) by Bailey Investments, LLC Located at 655 and 735 W Victory Road Continued to December 7, 2017 1. Request: Preliminary Plat Consisting of 59 Single Family Residential Lots and Fight (8) Common Lots on 17.3 Acres of Land in the R-8 Zoning District B. Public Hearing Continued from October 19, 2017 Meeting for Linder Mixed Use (H-2017-0095) by TMEG Properties, LLC Located at 5960 and 5940 North Linder Road Continued to December 21, 2017 1. Request: Annexation and Zoning of 5 (Five) Acres of Land with C -C (1.59 Acres) and R-15 (3.41 Acres) Zoning Districts 2. Request: Rezone of 3.36 Acres of Land from the L -O to the R-15 (1.43 Acres) and C -C (1.93 Acres) Zoning District. Adjourned 6:10p.m. Meridian Planning and Zoning Commission Meeting Agenda — Thursday, November 16, 2017 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Planning and Zoning Meeting November 16, 2017. Meeting of the Meridian Planning and Zoning Commission of November 16, 2017, was called to order at 6:00 p.m. by Chairman Rhonda McCarvel. Members Present: Chairman Rhonda McCarvel, Commissioner Bill Cassanelli, Commissioner Treg Bernt and Commissioner Jessica Perreault. Members Absent: Commissioner Steven Yearsley, Commissioner Gregory Wilson and Commissioner Ryan Fitzgerald. Others Present: Charlene Way, Andrea Pogue, Bill Parsons, and Dean Willis. Item 1: Roll-call Attendance __X___ Treg Bernt _______ Steven Yearsley __ ___ Gregory Wilson _______ Ryan Fitzgerald __X___ Jessica Perreault ___X___ Bill Cassanelli ___X___ Rhonda McCarvel - Chairman McCarvel: Good Evening, ladies and gentlemen. At this time I would like to call to order the regularly scheduled meeting of the Planning and Zoning Commission on November 16th. Let's begin with roll call. Item 2: Adoption of the Agenda McCarvel: Thank you. The f irst item on the agenda is the adoption of the agenda. Both items on the agenda this evening have requested to be continued. So, we will open them only for that purpose. So, anybody here tonight to testify on either of those issues, we will not be taking testimony today. They are getting continued to other dates. So, can I get a motion to adopt the agenda Cassanelli: So moved. Perreault: Second. McCarvel: It has been moved and seconded to adopt the agenda. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Item 3: Consent Agenda Meridian Planning & Zoning Commission November 16, 2017 Page 2 of 3 A. Approve Minutes November 2, 2017 Planning and Zoning Commission Meeting B. Findings of Fact Conclusions of Law for Johnny Bronx (H- 2017- 0134) by Matt Brown Located at 4970 N Linder Road McCarvel: Next item on the agenda is the Consent Agenda and we have two items on the Consent Agenda. We have approval of minutes for the October -- or November 2nd Planning and Zoning Commission meeting and Findings of Fact and Conclusions of Law for Johnny Bronx. Can I get a motion to accept the Consent Agenda? Perreault: Madam Chair, I make a motion to accept the Consent Agenda. Cassanelli: Second. McCarvel: It has been moved and seconded to -- to accept the Consent Agenda. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THERE ABSENT. Item 4: Action Items A. Public Hearing for Timberline Subdivision (H-2017-0140) by Bailey Investments, LLC Located at 655 and 735 W Victory Road 1. Request: Preliminary Plat Consisting of 59 Single Family Residential Lots and Eight (8) Common Lots on 17.3 Acres of Land in the R-8 Zoning District McCarvel: Okay. At this time I would like to get a motion to open the public hearing and continue H-2017-0140, Bailey Investments -- or Timberline Subdivision. Sorry. And applicant has requested continuance to December 7th. Bernt: So moved. Cassanelli: Second. McCarvel: It has been moved and seconded to continue Item H-2017-0140 to December 7th. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. B. Public Hearing Continued from October 19, 2017 Meeting for Linder Mixed Use (H-2017-0095) by TMEG Properties, LLC Located at 5960 and 5940 North Linder Road Meridian Planning & Zoning Commission November 16, 2017 Page 3 of 3 1. Request: Annexation and Zoning of 5 (Five) Acres of Land with C -C (1.59 Acres) and R-15 (3.41 Acres) Zoning Districts 2. Request: Rezone of 3.36 Acres of Land from the L -O to the R-15 (1.43 Acres) and C -C (1.93 Acres) Zoning District. McCarvel: Next item on the agenda is H-2017-0095, Linder Mixed Use. This is continued from October 19th and is now being asked to continue to December 21st. So, at this time could I get a motion to continue Item H-2017-0095? Perreault: So moved. Cassanelli: So moved. Second. Perreault: Second. McCarvel: It has been moved and seconded to continue Item H-2017-0095 to December 21st. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Bernt: Madam Mayor? McCarvel: Please do the honors. Bernt: I move that we close tonight's meeting. Cassanelli: Second. McCarvel: It has been moved and seconded to adjourn the meeting of November 16th, 2017. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. MEETING ADJOURNED AT 6:04 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED RHONDA McCARVEL - CHAIRMAN DATE APPROVED ATTEST: �2�q2O ES - enea�j(N�35fb+ffltt G Clerk- Meridian Planning Zoning Commission Meeting DATE: November 16, 2017 ITEM NUMBER: 3A PROJECT NUMBER: ITEM TITLE: Approve Minutes November 2, 2017 Planning and Zoning Commission Meeting MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning and Zoning Meeting November 2, 2017. Meeting of the Meridian Planning and Zoning Commission of November 2, 2017, was called to order at 6:00 p.m. by Commissioner Steven Yearsley. Members Present: Commissioner Steven Yearsley, Commissioner Bill Cassanelli, Commissioner Gregory Wilson and Commissioner Jessica Perreault. Members Absent: Chairman Rhonda McCarvel, Commissioner Treg Bernt and Commissioner Ryan Fitzgerald. Others Present: Charlene Way, Andrea Pogue, Bill Parsons, and Dean Willis. Item 1: Roll-call Attendance ______ Treg Bernt ___X___ Steven Yearsley __X___ Gregory Wilson _______ Ryan Fitzgerald __X___ Jessica Perreault ___X___ Bill Cassanelli ______ Rhonda McCarvel - Chairman Yearsley: Good evening, ladies and gentlemen. At this time we would like to call to order the regularly scheduled meeting of the Meridian Planning and Zoning meeting for the hearing date of November 7th -- or 2nd, 2017, and let's begin with roll call. Item 2: Adoption of the Agenda Yearsley: Thank you. Next item on the agenda is the adoption of the agenda. We need to add one item to the agenda. If you look on the current agenda, Item B of the Consent Agenda, which is the Finding of Fact and Conclusions of Law for the Veranda Senior Living Center by Brighton Homes. We just need to add that to the Consent Agenda. With that I would make a motion -- I would entertain a motion to -- Wilson: Mr. Chairman, I move to adopt the agenda. Yearsley: As presented? Wilson: As presented. Perreault: Second. Yearsley: I have a motion and a second to adopt agenda as presented. All in favor say aye. Opposed? Motion carries. Meridian Planning & Zoning Commission November 2, 2017 Page 2 or 13 MOTION CARRIED: FOUR AYES. THREE ABSENT. Item 3: Consent Agenda A. Approve Minutes October 19, 2017 Planning and Zoning Commission Meeting Yearsley: Next item on the agenda is the Consent Agenda and on that we have to approve the meeting minutes of October 19th, 2017, Planning and Zoning Commission meeting and the Finding of Facts and Conclusion of Law for Veranda Senior Living Center. Can I get a motion to approve the Consent Agenda? Wilson: Mr. Chairman? Yearsley: Commissioner Wilson. Wilson: I move to approve the agenda as presented. Cassanelli: Second. Yearsley: I have a motion and a second to approve the Consent Agenda. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Yearsley: Before we go any further I would like to explain the process of how we are going to do this. We will open each item one at a time and we will start with the staff report. The staff will present their findings and how the application adheres to the Comprehensive Plan and Uniform Development Code. After the -- or the staff has had a chance to make their presentation we will -- the applicant will have a chance to get up and present their project and -- and make any requests or changes based on what the staff report was. After the applicant has had a chance to testify we will open it up to the public for testimony. There is a sign-up sheet in the back if anyone wants to testify. If they would like to come up testify they will be given up to three minutes to do so . If they are speaking for a larger group they will be given up to ten minutes. After the audience has had a chance to -- to testify on the application, we will -- the applicant has a chance to come back and respond to comments from the -- or from the audience. After the applicant has had a chance to make his -- their comments, we will close the public hearings and, hopefully, deliberate and, hopefully, make a decision. Item 4: Action Items A. Public Hearing Continued from October 5, 2017 for Rapid Creek Subdivision (H-2017-0117) by WHPacific located near the Southwest Corner of W. McMillan Road and N. Black Cat Rd Meridian Planning & Zoning Commission November 2, 2017 Page 3 or 13 1. Request: Annexation and Zoning of 23.02 acres of land with an R-8 zoning district 2. Request: Preliminary Plat Consisting of 93 building lots and 11 common lots on 21.02 acres of land in a proposed R-8 zoning district Yearsley: So, with that I would like to open the public hearing for file number H-2017- 0117, for Rapid Creek Subdivision and let's begin with -- and, actually, so we are opening this application -- it was continued from the October 5th meeting. We are opening this application for the sole purpose to talk about the wetland issue only. So, let's begin with the staff report. Parsons: Mr. Chair, Members of the Commission, as you stated, this item was continued from October 5th, the primary -- for the primary purpose of getting the Commission some more information as to what the Army Corps of Engineers was going to require for that -- the wetland issue that came -- that was discussed at the previous hearing. Staff had a chance to meet with the applicant. The applicant did provide the Commission additional information from a third party consultant as to the determination of that wetland. Now, keep in mind nothing in tonight's discussion has come from the Army Corps of Engineers, but with our meeting with the applicants staff feels comfortable that the Commission can move forward with that draft study that was presented to you as part of your packet this evening and we are recommending that you move this forward to City Council tonight without any further conditions. But I do want to make one change or one notification as I read through the record. The applicant did bring forth some changes to some conditions in the staff report and , in particular, there was a requirement of staff requiring a pathway extension headed north through the landscape buffer that ties into the intersection and if I can get to that map very quickly. So, currently as the plan was drawn and discussed at that hearing there is a ten foot multi-use pathway that's stubbed in this location. So, that southeast corner of the site and staff had a condition that it run up to the north as a ten foot pathway and, then, terminate at the intersection and so that's something that you need to take into consideration as you deliberate on this application tonight. We did run this by our Public Works Department. They had a chance to review that report as well and, again, they feel comfortable that the information that's provided in that document addresses staff's concerns. Again, we are recommending approval and I will stand for any questions you may have. Yearsley: Thank you. Are there any questions? Would the applicant like to come forward. Please state your name and address for the record. Suggs: Good evening, Commissioners. My name is Jane Suggs with WH Pacific and I'm here representing Rapid Creek Subdivision. Thank you very much for allowing us to provide the additional information from our wetlands consultant . We have provided a pretty substantial report and a cover letter and just wanted to assure you that the Meridian Planning & Zoning Commission November 2, 2017 Page 4 or 13 developer, as in the cover letter, which you probably have seen, is committed to doing whatever the Corps of Engineers requests and also can guarantee that any type of mitigation if necessary will be done off site in a mitigation bank, which is almost preferable to the Corps of Engineers we understand. So, we do appreciate the staff working with us, too, on this and I testified previously about the pathway. We are a little concerned about putting a multi-use pathway in the right of way and talking to some folks about bike paths it's often best to put those in the low stress areas, but we will not hold up this approval to fight that out tonight. So, you know, other than that we think that there is plenty of opportunity for people to go onto the streets and cross the street, but we will not hold up this testimony -- or this project because of that. Yearsley: Thank you. Suggs: And I can answer any questions. But I do respectfully request that you forward this on to City Council. Yearsley: Thank you. Are there any questions? Thank you very much. Do we have a sign-up sheet? We are waiting for the sign-up sheet. So, just a reminder. We only opened this up for discussion on the wetland mitigation. Since we did talk about the pathway, I will open it up, so if anyone would like to make comments on the pathway, but we would only like to hear comments -- we are only taking comments on those two items. All of the comments have already been heard . So -- so, with that the only people I have to testify would be John -- I'm not going to try to say the last name is -- I would they like to testify? Tessin: Is it Tessin is the last name? Yearsley: Tessin? Yeah. Please state your name and address for the record. Tessin: My name is John Tessin and my address 4342 North Elisha Avenue. The question that I have is the wetlands is an issue and I'm concerned that you're going further ahead with this before the Army of Corps of Engineers has signed off on it and so I have a couple of questions. Number one, is -- is -- is that appropriate to do that. The second question I have is in the wetlands -- discussion of the wetlands report that's there, has it brought -- been brought to the attention of people that the lake was artificially lowered about two and a half to three feet by increasing a -- a drain draining into the irrigation canal and was there a permit needed in order to do that . Those are the questions that I'd like to see addressed. Thank you. Yearsley: Thank you. And we will ask the applicant. The next person I have is Suzanne Ivie. Would you, please, come forward. And, again, name and address for the record, please. Ivie: My name is Suzanne Ivie and I live in the Oak Creek Subdivision at 4916 West Torana Court and what I had to present is not regarding the pathway, it was something Meridian Planning & Zoning Commission November 2, 2017 Page 5 or 13 that I probably should have -- should have presented last week. So, I'm not sure if I'm still allowed to present -- Yearsley: No. And, unfortunately, that was -- we when we continued this meeting we only continued it for the wetland issue. So, that should not be addressed at this -- at this time. Ivie: Okay. Thank you. Yearsley: Thank you. Is there anybody -- I don't have anybody else signed up to testify on this. Is there anybody wishing to testify regarding the pathway or the wetland issue? So, with that would the applicant like to come forward again? Suggs: Again Jane Suggs representing the applicant. Thank you again for allowing us to respond. We, as you know, have submitted some information to the Corps. We believe that the jurisdiction of the wetlands is with the Corps. Your jurisdiction revolves around it -- which I understand completely you want to make sure that the plan we submitted is the one that will continue to go through the process and we can guarantee that, that the plan that we have submitted will not change because of any type of wetlands. So, in fact, I'm very confident of that and the developer has made that a confidence too. About the drain, I understand from the folks who have been working in the field that there was a drain that drains into the water body that's on the west side . It was not laid to drain appropriately. We didn't have to get a permit to do that. It’s the same drain, it was just smoothed so that the water would drain away. So, it was supposed to drain that way and it just had been laid inappropriately. So, it was bucking grade, so to speak, if you have -- in that vernacular. So -- so, water did come down and we have cut off the irrigation, water has dropped in the lake -- I mean in the pond and the areas where there was an overflow now drained appropriately, as they should have. Yearsley: So, the applicant has the right to drain his or her pond? Suggs: Property. Yearsley: Property. Okay. Suggs: Yeah. It's just -- for some reason that drain either had dropped or had been laid inappropriately. But we think it just probably dropped over time . Sometimes they don't necessarily -- they drop because of the soil conditions. Yearsley: Okay. Suggs: So, it drains appropriately. Thank you. Yearsley: All right. Thank you. Well, I guess -- was there any other questions? No? Thank you. I'm sorry, I can't allow anymore testimony. So, at this time I would entertain a motion to close the public hearing on file number H-2017-0117. Meridian Planning & Zoning Commission November 2, 2017 Page 6 or 13 Wilson: Mr. Chairman? Yearsley: Commissioner Wilson. Wilson: I move to close the public hearing on H-2017-0117. Cassanelli: Second. Yearsley: I have a motion and a second to close the public hearing. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Yearsley: Okay. So, comments or thoughts? Wilson: Well, Mr. Chairman? Yearsley: Commissioner Wilson. Wilson: I will kick it off. I guess -- I mean we -- we deliberated I think pretty extensively on this and I think we have come to the conclusion that, firstly, I mean this owner, obviously, is in a situation where they can't run their dogs on that property and that they should be able to develop it as they see fit. We talked through a lot of those other separate issues and determined that the one thing holding it up was some kind of wetland report. We, obviously, got that and I think we were comfortable with that component of moving forward. I think -- I actually think in terms of kind of an environmental impact, I mean this is kind of a better way to go. If the surrounding area is being developed, you know, that wetland -- I mean I don't know if it's going to be sustained or eventually be developed anyway. So, those mitigation efforts actually I think is a better -- better balance and a better outcome all around and I think this is a good project. I think that was the consensus of the Commission and I will be supporting it moving forward. Yearsley: Thank you. Anybody else? Perreault: I don't have anything additional to add. Yearsley: All right. Cassanelli: I wasn't here for the deliberation, but I have nothing else to -- Yearsley: Okay. So, as a profession I deal a lot with this type of stuff. The wetland report was submitted. It is under the jurisdiction of the Corps. Wetland banking is actually a standard practice to do to, to move wetlands from one location to the next, especially given the fact that this pond, if it develops, you know -- you know, does not Meridian Planning & Zoning Commission November 2, 2017 Page 7 or 13 become a desirable place for a wetland, because you're putting a whole bunch of potential animals in the middle of residences, so it does not become a great location. With that, my guess is the adjacent property around it , when it was farmland, I'm sure it had a lot of animals as well and a lot of life that ended -- wildlife that got relocated or relocated just because of the development. This whole area around here is -- is poised to be developed and I don't see them doing really anything different than what was done around them as well. So, I -- I don't see an issue with moving this forward, especially as staff has had a chance to look at the report and is comfortable with it. I will comment on the pathway. I understand the applicant's thought about doing that and, unfortunately, you know, we are trying to anticipate what the future is going to look like for that pathway, you know, and what we are looking for is a way for -- for pedestrians to cross Black Cat Road safely. Will it be at -- where the pathway is or will it be at the intersection? It's hard to say. I think personally that we need to leave the condition there and have the pathway be extended up to their intersection for potentially maybe having -- you know, because they may end up having that crossing be at that intersection. So, I would be in support of making that -- keeping that condition. So, any other comments? I guess with that I would entertain a motion. Wilson: Mr. Chairman? Yearsley: Commissioner Wilson. Wilson: After considering all staff, applicant, and public testimony, I move to recommend approval of file number -- is that correct? I move to recommend file number H-2017-0117 as presented in the staff report for the hearing date of November 2nd, 2017. Perreault: Second. Cassanelli: Second. Perreault: Second the motion. Yearsley: I have a motion and a second to approve file number H-2017-0117. All in favor say aye. Opposed? Motion carries. Thank you. MOTION CARRIED: FOUR AYES. THREE ABSENT. B. Public Hearing for Johnny Bronx (H-2017-0134) by Matt Brown Located at 4970 N. Linder Road. 1. Request: Conditonal Use Permit for a Drive-Through Establishment on 0.56 of an Acre of Land in the C-G Zoning District within 300 Feet of Another Drive-Through Establishment and Residential Uses Meridian Planning & Zoning Commission November 2, 2017 Page 8 or 13 Yearsley: Next item on the agenda is public hearing for H-2017-0134, Johnny Bronx, and let's begin with the staff report. Parson: Mr. Chairman, Members of the Commission, next item on the agenda is the Johnny Bronx CUP application. The site consists of 0.56 acres of land zoned C-G and is located at 4970 North Linder Road. Surrounding the proposed development is primarily commercial zoned property, zoned C-G. However, to the east there is an existing multi-family development called Linder Village and typically when we have commercial uses up against residential uses we do try to buffer those. But I will get into that a little bit more as I get into my presentation. And, then, across the other side of Linder Road to the west we have the Fulfer Subdivision, zoned R-8. The applicant is here tonight to discuss a drive -- a restaurant with an accessory drive-thru use. As you all know, a restaurant is a principally permitted use in the C-G zoning district and the only reason why that we are here this evening is because the proposed drive -thru is within 300 feet of another drive-thru, which is the Sonic to the south and, then, also within a residential use, which is on the other side of the drive aisle. So, here is the site and landscape plan for you this evening. Again, the applicant is proposing to constructive a 400 square foot structure with no indoor dining, it's all outdoor dining, as proposed on the site plan. I would mention to you that there are limited hours of operations when a C-G or a commercial property abuts a residential use. In this particular case the hour -- the applicant is proposing hours from 11:00 a.m. to 11:00 p.m. So, those are consistent with the allowed hours in the UDC. So, there is no requirement for a conditional use for extended hours . Access to this development was provided with the construction of the subdivision. It's hard to see on this aerial here, but there is a north-south partial drive aisle that provides access to all of the lots and there is also a reciprocal cross-access agreement so everyone can cross each other's lots to get access to other local streets and, then, also access to McMillan and Linder Road. The applicant is required to provide parking in accordance with the UDC standards. The site plan before you this evening consists of 11 parking stalls, which is actually in excess of what would be required for the size of the structure. The UDC would only require one based on the 400 square foot footprint of the structure. So, again, this is geared primarily towards vehicular traffic more than pedestrian activity. The 25 foot wide landscape buffer was constructed with the subdivision improvements that will need to remain protected during construction on the site and, then, the landscape plan that you see for the -- along the perimeter and it is required to comply with the parking lot standards in accordance with UDC standards. The site plan that's presented this evening does comply with those standards as well . I would also mention to you that the drive-thru use is also subject to specific use standards in the UDC and staff has found that those do comply with the stacking lanes, the circulation. It's separated fairly well between the -- the access for parking and entrance and exit of the drive -thru. The one thing that I did want to bring to your attention as I started earlier in my -- stated earlier in my presentation was all these uses typically interact with residential uses to the east . In this particular case staff has made a finding that because the property lines touch in the middle of the drive aisle, that this site doesn't technically abut a residential use. It's -- the proper lines share in the drive aisle. So, in this particular case staff feels that a 25 Meridian Planning & Zoning Commission November 2, 2017 Page 9 or 13 foot wide landscape buffer is not required between this use and the a djacent residential use. So, I did want to share that with you. Typically when a commercial use -- commercial zoning abuts a residential use we require a 25 foot wide landscape buffer. But, again, because this doesn't abut that doesn't apply and I also wanted to mention to you that the applicant did provide some elevations for you to take under consideration. Now, keep in mind they still have to go through the certificate of zoning compliance process and design review, but we still want to get some of those elevations in front of you. Building materials consist of concrete masonry, vertical prefabricated metal siding and horizontal tongue and groove wood siding, with metal accents. Again, staff is confident this is fairly consistent with our architectural standards manual. Staff did not receive any written testimony on this application . We find that it does comply with UDC standards and we are recommending approval this evening to you and I will stand for any questions you may have. Yearsley: Thank you. Are there any questions? Well, I have one. If you go back -- so, they actually have their dumpster container actually position ed that they actually have to access the container with the alley. Is that appropriate? Do we want to try to consider - - I don't know quite how to modify it to get it to not work , but it does seem like, you know, it does interfere with traffic operation while they try to empty the garbage. Parsons: Mr. Chairman, Members of the Commission, one thing is the plan is labeled wrong. It's not an alley, it's just a drive aisle -- Yearsley: Okay. Parsons: -- for the development. So, that's -- it's -- that's basically the shared access. But the UDC doesn't prohibit that from being located there. So, you can see they have done it in kind of the same way with the Sonic to the south. Yearsley: Oh. Okay. Parsons: But it's going to depend on when the applicant coordinates with the trash company and when they go in through that development during the -- whether it's early in the morning or late in the evening, so it's not impacting their current hours. But I'm not sure how the -- at what times those traffic -- the trash company goes through there, but that's something -- the Republic Services had a chance to comment on it and they didn't have any concerns with it. So, staff stayed with the way it was in the staff report. Yearsley: Okay. Parsons: But we did recommend that they add recycling if possible. Yearsley: Okay. Thank you. With that would ask the applicant like to come forward. Brown: Good evening. Matt Brown. Applicant. Meridian Planning & Zoning Commission November 2, 2017 Page 10 or 13 Yearsley: Can you -- address -- state your address as well, please. Brown: Yeah. Address is 627 West Producer Drive in Meridian. Yearsley: Any comments? Any additional information you want to add? Brown: I think that was a great summary. I don't have anything additional to add. Yearsley: Okay. Brown: So, I'm open to any questions if you have any. Yearsley: I guess the one I have is are you in agreement with the staff report? Brown: I am. Yes. Yearsley: Okay. Any other questions? Thank you very much. Brown: Thank you. Yearsley: I don't have anybody in here wishing to testify on this application . Is there anybody that would like to testify? With that I don't see needing to have the applicant come back up. I would entertain a motion to close the public hearing. Cassanelli: Mr. Chair? Yearsley: Commissioner Cassanelli. Cassanelli: I move to close the public hearing for H-2017-0134, Johnny Bronx. Wilson: Second. Yearsley: I have a motion and a second. All in favor say aye. Opposed? Motion carries. MOTION CARRIES: FOUR AYES. THREE ABSENT. Yearsley: Any comments or thoughts? Cassanelli: My only thought on this is -- what we are really here looking at is the exception for this 300 foot near -- close by another drive-thru. In that area -- I'm somewhat familiar with it -- there is Taco John's, Sonic. Right to the north is the orthodontic and, then, you have two more -- you got the Gyro Shack and the Dutch Bros. right there. Gyro Shack is going in right now. It's been -- that was previously approved and it's under construction. All of that feeds that little lane that -- that goes through there, which is a -- what, a 25 foot wide lane? So, you have got all that traffic Meridian Planning & Zoning Commission November 2, 2017 Page 11 or 13 jamming up in there and I know there is -- people are trying to park on that without -- the Gyro Shack is not in yet. This isn't in. It's already -- gets to be kind of jammed up in the afternoons, early evenings. That's my only -- only thought on that. I don't know how other people will feel about that. Yearsley: Okay. Anybody else? Perreault: Mr. Chair, I have a question for staff. Yearsley: Absolutely. Perreault: The drive here that's on the west side of the property, that connects down to the property to the south and is it going to connect to the property to the north ? Is that a through way? You know what I mean? Are you -- Parsons: Mr. Chairman, Commissioner Perreault, the more southwestern driveway does connect through -- through -- and in connection to the Walgreens that's there -- Perreault: Uh-huh. Parsons: -- but as Commissioner Cassanelli pointed out, that's Kelson Orthodontics, I believe, directly to the north. So, that would dump into the parking lot. That does not head farther north. So, really, I think -- Perreault: It will stop at this property? Parsons: Yes. It will stop here. Perreault: Okay. Yearsley: Any other comments? I guess regarding your concerns, I understand traffic gets backed up and it gets busy and it may have been not designed well enough to allow better traffic circulation, but at what point -- who do you punish, you know? And, you know, I don't know how to fix it either, you know. What would you come up with a solution -- I understand the traffic might get bad, but do you deny this application just because -- I mean his drive-thru just because of -- you know, he is the last one on the list to be -- to build, you know. Wilson: Keep it empty I mean -- Yearsley: Yeah. Or, you know, there is going to be -- you know, it was designated for some use or for some traffic generation . Who is to say -- I'm not sure exactly what type of a restaurant this is or if it's just a coffee house or what , you know, so it might complement or adjust or people may go to there instead of someplace else . It's kind of hard to know how it will -- traffic will affect -- or this facility will affect traffic. I don't know Meridian Planning & Zoning Commission November 2, 2017 Page 12 or 13 if it's -- for me personally if it's enough of a cause to -- to deny and I'd be interested in your comments or your thoughts on that as well. Cassanelli: Are you pointing back to me? Yearsley: No. It was a discussion. I would be curious to -- I understand -- Cassanelli: No. I look at it and this -- this is an interesting little area, because it is -- it's now going to be almost a -- one little -- one drive-thru establishment after another after another after another, broken up by the -- by the dentist office there. So, it is -- it's unique. Yearsley: Oh, yeah. Cassanelli: I hate to -- it looks like a cool place. I will probably want to eat in there. I -- I hate to deny it just based on that, the same thing, that he's last -- you know. And, then, what are you going to do? Is it -- if no -- nothing gets approved and that's about as wide as it is there and there is not a whole lot else that -- that is going to be able to go in, it's -- it's going to wind up being traffic -- for some I just -- you know, again, the whole thing is 20/20 hindsight was this the best layout of this -- you know, of this area. There is three other vacant corners on this intersection that are be ing developed right now. I hope they don't wind up doing the same thing on -- on those others when they get down to it. I -- I hesitate -- like I say, I hesitate to deny it based on that and -- and punish them and, then, what are you going to do, just leave dirt there for however long until -- until we finally decide, okay, we will give that -- we will give that to you. But I just -- I'm not wild about that whole layout and the way that works, one drive-thru after another after another, but I don't -- I don't think I can punish them for that. Yearsley: And I agree. You know, it's hard to say -- you know, I can understand why they want to be there, because they have got a lot of residential behind them and they have got the school to the north. Cassanelli: The high school -- yeah. Wilson: We approved one kind of in this area and it was presumed -- we kind of deduced it's because of the proximity to the school. Yearsley: Yeah. It's a great area for -- for kids to run quickly to grab something for lunch in the afternoon. So -- so, yeah. No. I understand your concern and, unfortunately, probably, the -- the residential -- or the -- apartments to the -- to the west probably wasn't -- or east. Sorry. Probably didn't have enough parking that people want to park there and stuff and so it -- it does become troublesome. So -- yeah. So, I guess if there is no other testimony, I would entertain a motion. Wilson: Mr. Chairman? Meridian Planning & Zoning Commission November 2, 2017 Page 13 or 13 Yearsley: Commissioner Wilson. Wilson: After considering all staff, applicant, and public testimony, I move to approve file number H-2017-0134 as presented in the staff report for the hearing data of November 2nd, 2017. Perreault: Second that motion. Yearsley: I have a motion and a second to approve file number H-2017-0134. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Yearsley: Thank you. I guess there is one last motion to make. Cassanelli: Mr. Chairman? Yearsley: Commissioner Cassanelli. Cassanelli: I move we adjourn. Wilson: Second. Yearsley: I have a motion and a second to adjourn. All in favor say aye. MOTION CARRIED: FOUR AYES. THREE ABSENT. Yearsley: We stand adjourned. MEETING ADJOURNED AT 6:33 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) ,,To DATE APPROVED 1�ho�da N4�Car�l'�I - C� Ir ATTEST: w , �, .,�01 , m Meridian Planning Zoning Commission Meeting DATE: November 16, 2017 ITEM NUMBER: 3B PROJECT NUMBER: H-2017-0134 ITEM TITLE: Johnny Bronx Findings of Fact Conclusions of Law for Johnny Bronx (H-2017-0134) by Matt Brown Located at 4970 N Linder Road MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0134 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 300 Feet of another Drive-Through Establishment and a Residential Use on 0.56 of an Acre of Land in the C-G Zoning District for Johnny Bronx, by Matt Brown. Case No(s). H-2017-0134 For the Planning & Zoning Commission Hearing Date of: November 2, 2017 (Findings on November 16, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 2, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 2, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 2, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 2, 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-2017-0134 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 November 2, 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 November 2, 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 November 2, 2017 By action of the P anning & Zoning Commission at its regular meeting held on the day of 2017. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER GREGORY WILSON VOTED COMMISSIONER TREG BERNT VOTED G� COMMISSIONER WILLIAM CASSINELLI VOTED COMMISSIONER JESSICA PERREAULT VOTED nda McCarvel, Chairman Attest: 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: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0134 Page 3 EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 1 STAFF REPORT Hearing Date: November 2, 2017 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate City Planner 208-884-5533 SUBJECT: Johnny Bronx – CUP (H-2017-0134) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Matt Brown, has applied for a conditional use permit for a drive-through establishment within 300 feet of another drive through establishment and a residential use on 0.56 of an acre of land in the C-G 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 November 2, 2017. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Matt Brown, Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Traffic and parking impacts on the north/south driveway that serves as a backage road to this site and adjacent sites. 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- 0134 as presented in the staff report for the hearing date of November 2, 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-2017-0134 as presented during the hearing on November 2, 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-2017-0134 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 Johnny Bronx – CUP H-2017-0134 PAGE 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 4970 N. Linder Road, in the SW¼ of Section 25, Township 4 North, Range 1 West (Parcel #R1527290022). B. Owner(s): Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 C. Applicant: Matt Brown 627 W. Producer Drive Meridian, ID 83646 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: October 13, 2017 C. Radius notices mailed to properties within 300 feet on: October 6, 2017 D. Applicant posted notice on site by: October 17, 2017 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant/undeveloped land, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Orthodontic office (Kelson), zoned C-G East: Multi-family residential apartments (Linder Springs), zoned C-G South: Drive-through restaurant (Sonic), zoned C-G West: N. Linder Road and single-family residential uses (Fulfer Subdivision), zoned R-8 C. History of Previous Actions:  In 2004, this property was annexed as part of Paramount Subdivision (AZ-03-006) with a Development Agreement, recorded as Instrument No. 103137116.  In 2003, a preliminary plat (PP-03-004) and conditional use permit/planned development (CUP-03-008) was approved for Paramount Subdivision which include the subject property. This property was designated on the conceptual site plan for retail/office uses.  In 2007, this property was included in the following approvals:  Preliminary plat (PP-07-011) for 18 commercial building lots on 18.5 acres of land in a C-G zoning district;  Development Agreement modification (MI-07-007) to remove the conditional use permit EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 3 requirement and require design review approval instead for all commercial development in the C-G and L-O zoning districts, recorded as Instrument No. 107145935.  In 2012, a final plat (FP-12-019) was approved for Commercial Southwest Subdivision No. 2 which includes the subject property as Lot 1, Block 2.  In 2013, a conditional use permit (CUP-13-146) was approved for a different drive-through establishment (i.e. Fanci Freeze) on this site. A subsequent modification to the CUP (MCU- 13-006), Certificate of Zoning Compliance (CZC-13-146) and Design Review (DES-13-137) was also approved. However, it didn’t end up being developed on this site.  In 2015, a property boundary adjustment (PBA-15-001) was approved which created the current configuration of the property (ROS #10073). D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains to provide service to this project currently exist. b. Location of water: Water mains to provide service to this project currently exist. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no 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 This property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan, commercial designated areas 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 use of the property as a restaurant with a drive-through is consistent with the uses desired in Commercial designated areas and therefore 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):  “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) There is a 25-foot wide landscaped street buffer on this site along N. Linder Road that was installed with the development of the subdivision in accord with UDC Table 11-2C-3. Additional parking lot and perimeter landscaping will be required with the development of the site.  “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. EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 4  “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 proposed restaurant will be located within walking distance of several nearby residential neighborhoods.  “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) Direct lot access is not proposed or allowed via N. Linder Road except for the shared access driveway that exists along the north boundary of this site that was approved with the subdivision.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” Planter islands are proposed in the parking area and will be landscaped 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) There is an apartment complex (Linder Springs) to the east of this site. The site is separated from the dwellings by a 35-foot wide access driveway.  “Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) A 25-foot wide buffer is required on this property to the residential uses to the east per UDC Table 11-2B-3.  “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02F) A landscaped street buffer with associated building setbacks exists along N. Linder Road in accord with UDC Table 11-2B-3; the buffer was constructed with the subdivision improvements.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed restaurant with a drive-through will contribute to the variety of services available in the northern portion of the City. For the above-stated reasons, staff believes 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 (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-G zoning district. A restaurant is a principal permitted use in the C-G 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. EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 5 C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. D. Landscaping: Street buffer landscaping: Street buffer landscaping is required in accordance with the standards listed in UDC Table 11-2B-3 for the C-G zoning district and UDC 11-3B-7C. Street buffer landscaping was installed with development of the subdivision. Parking lot landscaping: All parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. Landscape buffers to adjoining uses: A 25-foot wide buffer to the residential uses at the east property boundary is required in the C-G zoning district per UDC Table 11-2B-3 and should be installed in accord with the standards listed in UDC 11-3B-9C. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B. F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant has submitted an application for a conditional use permit (CUP) for a drive-through establishment for the Johnny Bronx restaurant on 0.56 of an acre of land in the C-G zoning district. The CUP is required because the proposed drive-through is within 300 feet of existing drive-through establishments (i.e. Dutch Bros., Sonic and Walgreen’s) and residential uses (Linder Springs apartments), per UDC Table 11-2B-2 and 11-4-3-11. Their business concept focuses on a simple menu that can be served quickly. Orders are placed at the window with an emphasis on customer service and speed. Although not anticipated, if any stacking issues arise, an employee will go out and take orders with an iPad. They will also accept call-in orders. Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop with a 400+/- square foot (s.f.) restaurant with a drive-through, walk up ordering window, outdoor patio seating, driveways and parking. An overhead shade trellis is proposed over the outdoor seating area. There is no indoor seating. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment.  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. The stacking lane and window location is depicted on the site plan; a speaker is not proposed at this time but may need to be added in the future.  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 stacking lane depicted on the site plan appears to have sufficient capacity to prevent obstruction of adjacent interior drive aisles and will not obstruct the public right-of-way. EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 6  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.  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 40 feet away.  Any stacking lane greater than one hundred feet (100’) in length shall provide for an escape lane. The proposed stacking lane is below 100 feet in length.  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 along the west boundary of the site.  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. There are no residences adjoining the window or the stacking lane. Access: Access is proposed via an east/west shared driveway via N. Linder Road along the north boundary of the site within a permanent ingress/egress and cross-access easement (recorded as Inst. #113053297) depicted on the plat for Commercial Southwest Subdivision No. 2. No other accesses via N. Linder Road are proposed or allowed. Parking: Based on the overall square footage of the building (400+/- s.f.), a minimum of one (1) vehicle parking space is required to be provided on the site per the standards listed in UDC 11- 3C-6B. A total of 11 parking stalls are proposed, well in excess of the UDC minimum requirements but appropriate for the proposed use. Based on the number of vehicle parking stalls (11), a bicycle rack capable of holding a minimum of one (1) bicycle is required to be provided per UDC 11-3C-6G. A detail of the rack should be submitted with the Certificate of Zoning Compliance application that complies with the standards listed in UDC 11-3C-5C. Landscaping: A 25-foot wide landscaped street buffer exists along N. Linder Road, an arterial street that was installed with Commercial Southwest Subdivision No. 2. All existing landscaping is required to be protected during construction in accord with UDC 11-3B-10C. Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. Because the property line for this site and the multi-family property to the east lies in the middle of the north/south access driveway, staff has determined this property does not directly abut a residential use; therefore, a buffer to residential uses is not applicable or required. Trash Enclosure: Trash enclosures are required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of the function are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be provided in these areas in accord with UDC 11-3A-12B. A dumpster to serve the proposed restaurant is depicted on the site plan at the southeast corner of the site. The applicant has obtained approval from Republic Services for the location and design of the enclosure; a recycling container should also be provided within the enclosure. A detail that depicts construction materials and colors should be submitted with the Certificate of Zoning Compliance and Design Review application for this project. Sidewalk: Sidewalks are required to comply with the standards listed in UDC 11-3A-17. A 5-foot wide detached sidewalk exists along N. Linder Road on this site in accord with UDC EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 7 standards. A pedestrian walkway (stamped colored concrete with aggregate base, stamp and color) is depicted from the perimeter sidewalk along N. Linder Road to the main building entrance as required by UDC 11-3A-19A.4. The sidewalk along the south side of the building is required to be a minimum of 5-feet wide; revise plan accordingly. Hours of Operation: The hours of operation are restricted from 6:00 am to 11:00 pm in the C-G zone when the property abuts a residential use per UDC 11-2B-3A.4. Extended hours of operation may be requested through a conditional use permit. The proposed hours of operation are from 11:00 am to 11:00 pm. Building Elevations: Building elevations were submitted for the proposed structure as shown in Exhibit A.4. Building materials consist of decorative concrete masonry, vertical pre-fabricated metal siding, and horizontal tongue and groove wood siding with metal accents. Final design and materials are required to be consistent with the Architectural Standards Manual. The applicant will shall submit an application for administrative design review and should bring the proposal into compliance with the previously mentioned standards. Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC application for approval of the proposed use, site layout and building elevations from the Planning Division prior to submittal of a building permit application. Design Review: The applicant is required to submit a Design Review application concurrent with the CZC application for final approval of the site layout and building elevations. 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. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Floor Plan 3. Site/Landscape Plan (dated: 09/13/2017) 4. Building Elevations (dated: 07/17/2017 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 Johnny Bronx – CUP H-2017-0134 PAGE 8 EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 9 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 10 Exhibit A.2: Floor Plan EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 11 Exhibit A.3: Site/Landscape Plan (dated 09/13/2017) EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 12 Exhibit A.4: Proposed Building Elevations (dated 07/17/2017) EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 13 EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 14 EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 15 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval associated with this site (AZ- 03-006 (Development Agreement Inst. #107145935); PP-07-007; MI-07-007; FP-12-019). 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, Drive- Through Establishment. 1.3 The site/landscape plans included in Exhibit A, dated 9/13/17 shall be revised as follows (as applicable): a. Include a detail of the bicycle rack that complies with the standards listed in UDC 11-3C-5C. b. The sidewalk along the south side of the building is required to be a minimum of 5-feet wide per UDC 11-3A-17A. 1.4 All existing landscaping within the street buffer adjacent to N. Linder Road shall be protected during construction in accord with UDC 11-3B-10C. 1.5 The hours of operation for the proposed restaurant and drive-thru are restricted to the hours between 6 am and 11 pm. Extended hours of operation may be requested through a future conditional use permit in accord with UDC 11-2B-3A.4. 1.6 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. 1.7 All lighting on the site shall comply with the standards listed in UDC 11-3A-11. 1.8 A detail of the trash enclosure shall be submitted with the Certificate of Zoning Compliance and Design Review application that depicts construction materials and colors compatible with the structure. A recycling container should also be provided within the enclosure. 1.9 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. 1.10 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. 2.2 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. 2.3 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. 2.4 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall dedicated via the City of Meridian’s EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 16 standard forms. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, 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. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comment on this application. 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 the trash enclosure prior to submittal of Certificate of Zoning Compliance application. Provide a receptacle for recycling. 6. PARKS DEPARTMENT 6.1 The Parks Department had no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 The applicant shall be required to: a. Pay a traffic impact fee. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit by the lead agency. b. Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. c. 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 Johnny Bronx – CUP H-2017-0134 PAGE 17 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 restaurant with a drive-through and comply with the dimensional & development regulations of the C-G 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 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 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 Commission finds the proposed use of the site as a restaurant with a drive-through establishment will not be detrimental to any persons, property or the general welfare of the area. EXHIBIT A Johnny Bronx – CUP H-2017-0134 PAGE 8 h. That the proposed use will not result in the dest ruction, 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. CHANGES TO AGENDA: Item #4A: Timberline Subdivision - PP (H-2017-0140) — Request for continuance to Dec. 7th in order for the applicant to hold a new neighborhood meeting & modify the plat. Item #46: Linder Mixed Use — AZ, RZ (H-2017-0095) o Request for withdrawal of the Rezone request consisting of 3.36 acres of land from the L-0 to the R-15 and C -C zoning districts for the property located at 5940 N. Linder Rd. o Request for continuance of the annexation & zoning request to Dec. 21St in order to continue to work on revisions to the concept plan as requested by the Commission at the hearing on Oct, 19th; AND, re -notice the application to reflect the proposed zoning change — the applicant is responsislbe to pay re -notice fees. Meridian Planning Zoning Commission Meeting DATE: November 16, 2017 ITEM NUMBER: 4A PROJECT NUMBER: H-2017-0140 ITEM TITLE: Timberline Subdivision Public Hearing for Timberline Subdivision (H-2017-0140) by Bailey Investments, LLC Located at 655 and 735 W Victory Road 1. Request: Preliminary Plat Consisting of 59 Single Family Residential Lots and Eight (8) Common Lots on 17.3 Acres of Land in the R-8 Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN PLANNING AND ZONING PUBLIC HEARING SIGN -IN SHEET Date: November 16, 2017 Item # 413 Project Number: Project Name: H-2017-0095 Linder Mixed Use Please print your name For Against Neutral Do you wish to testify (Y/N) ti X r Meridian Planning Zoning Commission Meeting DATE: November 16, 2017 ITEM NUMBER: 4B PROJECT NUMBER: H-2017-0095 ITEM TITLE: Linder Mixed Use 1-UbliC Hearing Continued fro—m—October meeting tor Linder Mixed Use (H -2U I- 0095) by TMEG Properties, LLC Located at 5960 and 5940 North Linder Road MERIDIAN PLANNING AND ZONING COMMISSION MEETING AGENDA Meridian Planning and Zoning Commission Meeting Agenda - Thursday, November 16, 2017 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. -AnynnP. dt-girinn nrrnmmnrintinn for rlknhilifiPe rr=IntPrl to rinoi imemtc nnrl/nr hPnrinn MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN PLANNING AND ZONING PUBLIC HEARING SIGN -IN SHEET Date: November 16, 2017 Item # 4A Project Number: H-2017-0140 Project Name: Timberline Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N) f , - s m dl Augnll 00 V1 S