PZ - Staff Report 7-1 E IDIAN --
STAFF REPORT a H o
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 7/1/2021 Legend
DATE:
Project Location
TO: Planning&Zoning Commission
FROM: Joseph Dodson,Associate Planner
208-884-5533
SUBJECT: H-2021-0039
EB
a
Orchard Park Pad C Drive-Through— ® 5��' LIJ
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CUP
LOCATION: The site is located at 1245 W. Chinden
Boulevard, approximately '/4 mile east of
Linder Road(Lot 8,Block 1,Linder qTpm
M.
Village Subdivision),in the NW '/4 of the ®
NW '/4 of Section 25, Township 4N.,
Range 1 W.
I. PROJECT DESCRIPTION
Conditional Use Permit for a dual drive-through for a multi-tenant establishment within 300-feet of
an existing drive-through on 1.47 acres of land in the C-C zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.47 acres
Future Land Use Designation Mixed-Use Community
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Multi-tenant building with two crossing drive-
throughs
Current Zoning Community Business District(C-C)
Physical Features(waterways, None
hazards, flood plain,hillside)
Neighborhood meeting date;# May 3, 2021;2 attendees
of attendees:
History(previous approvals) H-2017-0088 (AZ, CPAM,PP,VAR); FP-2020-0004;
and H-2021-0034(MDA, currently in process)
Page 1
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C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 6/11/2021
Radius notification mailed to 6/8/2021
properties within 500 feet
Site Posting Date 6/18/2021
Next Door posting 6/8/2021
V. STAFF ANALYSIS
The proposed drive-through is for dual drive-throughs serving a multi-tenant building(three tenants)
that is proposed as approximately 5,600 square feet. The submitted site plan shows both the northern
most and the southernmost tenants as those utilizing a drive-through with the central tenant being a
standard commercial tenant. These drive-throughs are within 300-feet of a separate multi-tenant
building and drive-through to the west of this site and across the adjacent drive aisle. In addition, a
nearly identical building as the one proposed in this application has already been approved at the
administrative level via Certificate of Zoning Compliance(CZC) and Design Review(DES) and is
located to the east of this site. These buildings and drive-throughs are also within 300 feet of one
another and share a portion of its parking facilities between the two buildings. Therefore, Conditional
Use Permit approval(CUP)per UDC Table 11-2B-2 is required due to its proximity to the other
drive-throughs. Furthermore,this use is also subject to specific use standards,UDC 11-4-3-11,which
are further analyzed below.
The submitted site plan shows a rectangular building situated to the west portion of the buildable site
area and is proposed with 36 new parking spaces—the shared parking area between the two multi-
tenant buildings will have at least 74 parking spaces; code requires a minimum of 44 spaces. The site
plan shows two two-way drive aisles to the east of the building with parking adjacent to both drive
aisles. These drive aisles connect to the east-west drive aisle closest to Chinden Boulevard that is the
entrance to the proposed drive-throughs.Because the drive-throughs serve two separate tenants,the
traffic patterns for each cross over one another midway through the site along the west side of the
building.
The Applicant provided a circulation plan that shows the intended traffic patterns and Staff agrees
with the proposal but with some minor recommended revisions. The submitted plan shows Tenant
"A,"the north tenant, as utilizing the yellow path which includes the southern drive-through at the
north side of the building. Once a customer orders along the north side of the building they continue
to the west side of the building and pick-up their order. They then stop at the determined drive-
through crossing and go from being the inside lane to the outside lane to exit the drive-through at the
south end of the site.After this crossing point,the yellow lane(the outside lane)becomes the escape
lane which is required for the length of the drive-through lanes. Tenant`B"utilizes the blue path
according to the submitted site/circulation plan and essentially follows the opposite path of Tenant A.
For Tenant B,the entrance along the north side of the building is the stacking lane and order position.
Once customers for this tenant order and then stack at the determined crossing point,they would cross
Page 3
from the outside lane to the inside lane to pick-up their order. After pick-up, customers would
continue south to turn east around the south side of the building and exit the drive-through.
The proposed drive-through design is uncommon and complex with the added crossing point. Staff
finds that with adequate signage and striping the proposed drive-through can work. Therefore, Staff is
recommending not only striping on the pavement but also signage at the entrances and along the
drive-through lanes to ensure customers know which business they are in line for. The proposed
signage and striping should be submitted with the future CZC and DES applications for the building
should it receive CUP approval for the drive-throughs. In addition,the north half of the proposed
drive-throughs show a curbing of some kind that separates the two lanes. Staff understands the
purpose of this but finds that a portion of it should be removed to allow for customers to use the
outside lane as an escape lane earlier in the drive-through. See area noted below in red:
..... ...... ............. .............
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The subject site is located within the Mixed-use Community(MU-C)future land use which
contemplates a multitude of uses—residential, commercial, and otherwise. Due to the size of the site,
this singular site cannot be expected to contain three distinct uses as discussed within the mixed-use
sections of the Meridian Comprehensive Plan. Instead,those uses within the nearby radius should
also be contemplated for compliance with this future land use. Staff finds the proposed use and the
surrounding uses within the Orchard Park Development,both existing and planned, comply with the
MU-C future land use designation.
Specific Use Standards: The proposed drive-through establishment is subject to the specific use
standards listed in UDC 11-4-3-11,Drive-Through Establishment. A site plan is required to be
submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and
between adjacent properties.At a minimum,the plan is required to demonstrate compliance with the
following standards:
In general,Staff supports the proposed site design;Staff s analysis of the specific use standards
and any recommendations are in italics.
Page 4
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles and
the public right-of-way by patrons;
Per the submitted site plan, no public right-of-way has direct access to the site so there is no
possibility for stacking to impede public ROW. The stacking lanes for each drive-through vary in
length but both entrances are at the north end of the site and begin at the west end of the
northernmost east-west drive aisle. Based on an exhibit(Exhibit VII.Q provided by the
Applicant, the two ordering locations appear to be approximately 65 feet into the drive-through
lanes. This should allow for 3-4 cars stacking prior to getting to the menu boards; if more cars
stack in either lane, they will impede the east-west drive aisle along the north boundary of the
site. Staff does not foresee the proposed businesses requiring extended stacking lanes like that of
a Dutch Bros. or other solitary coffee shop. However, Staff recommends moving the menu boards
further into the drive-through lanes to help alleviate the potential of this conflict. The north drive-
through can move the menu board and order speaker at least 10 feet to the west with no
foreseeable issues. The internal drive-through lane does not have as much room but should be
able to move them at least 5 feet further west; any additional distance is a benefit.
Furthermore, there are multiple drive aisles that run north-south within the site and patrons
would have multiple avenues of ingress and egress for the site especially when taking into
account the only avenues to exit the site are to the south so there should not be much desire or
need for patrons to exit the site by going north.
Again, Staff does not foresee stacking for the proposed businesses being an existential crisis but
understands the concern and has thus made minor recommendations to help with the potential
problem.At a minimum, Staff is recommending the distance from the start of the drive-through to
the order speakers shall be no less than 65 feet to ensure at least this distance is maintained.
2)The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking, except stacking lanes may provide access to designed employee parking.
The stacking lanes for each drive-through are separate from the circulation lanes for at least 65
feet from the menu boards to the adjacent drive aisle. Staff finds this shows compliance with this
requirement.
3)The stacking lane shall not be located within ten(10) feet of any residential district or existing
residence;
The stacking lane is not located within 10'of any residential district or residence.
4)Any stacking lane greater than one hundred(100)feet in length shall provide for an escape
lane; and
The stacking lane for at least one of the proposed drive-through lanes appears to be greater than
100 feet in length. As noted, Staff is unaware of where the ordering location is on the submitted
site plan but it appears to be along the north end of the site for both lanes. With this assumption,
the stacking lane for the overall drive-through is long enough to require an escape lane.As
discussed previously, the outside lane is the escape lane following the crossing point of the two
drive-throughs. Stafffinds the proposed escape lane layout complies with this requirement. To
ensure that the outside lane can be better utilized as an escape lane earlier in the drive-through
process, Staff is recommending a section of curbing shown on the site plan at the north half of the
site is removed(see exhibit above in previous section).
5)The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
The proposed drive-throughs are located along the north, west, and south sides of the proposed
Page 5
building. With Chinden Boulevard and a multi-use pathway abutting the site along the north
boundary, Staff finds the location of the drive-throughs are in appropriate locations for
surveillance. In addition, the drive aisle abutting the drive-through to the west is intended to be
one of the main commercial entrances to the overall Orchard Park Development which should
offer additional surveillance opportunities. Meridian Police have also reviewed the site plan for
compliance with this standard and have not brought any concerns to Staff.
Staffs specific recommendations can be found in Section VIII.A2 &A3.
The proposed use of a Restaurant is subject to an additional specific use standard listed in UDC 11-4-
3-49 and notes that the minimum amount of parking shall be one(1) space for every 250 square feet
of gross floor area.Based on the proposed building size of 5,600 square feet noted on the submitted
site plan, a minimum of 22 parking spaces are required. The proposed site plan shows 36 parking
spaces, exceeding UDC minimums. In addition, this building shares a larger parking area with an
identical building to the east with an overall parking count of 74 spaces between the two sites,
exceeding the minimum amount required by code by 30 spaces.At the time of the future Certificate of
Zoning Compliance (CZC) application, the data table on the site plan should be corrected to reflect
the correct minimum standards of a restaurant use instead of the general commercial ratio.
Access: Access to the site is shown via multiple parking drive aisles along the south boundary of the
site;these connect to a drive aisle that circumnavigates through the entire Orchard Park Development.
Abutting the site to the west but with no direct lot access is a restricted entrance from Chinden
Boulevard. In short,there are multiple access points to the subject site from Chinden,Linder, and
other nearby public roads to the south and east. Staff does not find any issues with the proposed and
existing access points in relation to the subject application.
Parking: A minimum of one(1)parking space is required to be provided for every 250 square feet of
gross floor area for the proposed restaurant use. The proposed building is shown as 5,600 square feet
requiring a minimum of 22 parking spaces; the submitted site plan shows 36 proposed parking spaces
in addition to other shared parking spaces to the east, exceeding UDC minimums.All proposed drive
aisles and parking spaces also meet the required dimensional standards.
The existing Development Agreement requires cross-access through all of the commercial parcels
within the Orchard Park Development. Due to all of the shared drive aisles and parking areas, Staff
does not have concerns with the Applicant complying with the existing requirement.
A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or
portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location
and design standards listed in UDC 11-3C-5C.Bicycle parking is shown on the submitted plans in
compliance with code (noted as callout number 14 on the site plan).
Pedestrian Walkways: A pedestrian walkway is depicted on the site plan from the proposed building
entrance sidewalk to the multi-use pathway along W. Chinden Blvd. as required by UDC 11-3A-
19B.4a. This walkway is depicted to traverse both entrances of the drive-through lanes which
introduces a known conflict between pedestrians and vehicles. Therefore, Staff is recommending this
walkway be distinguished from the driving surface by being constructed with pavers, brick, or
scored/colored concrete,per subsection B of this code section. The proposed site plan appears to
show a different material than the drive surface but its material is not called out. The Applicant
should confirm compliance with this code section with a future CZC submittal and note the proposed
material for this walkway.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed
in UDC 11-313-8C. Landscaping is depicted on the landscape plan in Section VII.B. The required
landscape buffer adjacent to Chinden is already constructed or under construction with the
subdivision approvals and is not part of this application.
Page 6
A minimum 5-foot wide landscape buffer is required to be provided along the perimeter of the
parking or other vehicular use areas as set forth in UDC 11-3B-8C.1. The proposed parking drive
aisles and drive-through around the perimeter of the subject site are proposed with landscaping at
least 10 feet wide and vegetated with appropriate trees, shrubs, and other vegetative ground
coverage. Staff finds these areas and proposed sidewalks meet and exceed the minimum landscape
requirements. Furthermore, the submitted landscape plan shows all adjacent parking spaces with the
required planter beds and landscaping.
Mechanical Equipment: All mechanical equipment adjacent to the building and outdoor service and
equipment should 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 as set forth in UDC 11-3A-12. If mechanical equipment is proposed to be
roof-mount, all equipment should be screened and out of view as noted above and should not be
visible from the nearest right-of-way.
Building Elevations: The Applicant did not apply for Design Review concurrently with this CUP
application but has prematurely submitted for Certificate of Zoning Compliance and Administrative
Design Review for the proposed building. These administrative applications will not be reviewed
until after the CUP has been heard. Therefore,proposed building elevations have been provided to
Staff but Staff has not done a detailed review of the elevations at this time. In general,the elevations
show dark brick and white stucco with reveals as field materials; architectural metal siding and
aluminum framed storefront windows on the north, east, and south elevations for accent materials;
and a concrete banding along the base of the building to tie it to the ground elevation. Detailed review
will occur with the Design Review application but Staff finds the proposed elevations to be
substantially compliant with the Architectural Standards Manual.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions included
in Section VIII per the Findings in Section IX. The Director has approved the administrative
design review request with conditions.
Page 7
VII. EXHIBITS
A. Proposed Site Plan(dated: 4/09/2021)
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ParkDMG REAL ESTATE PARTNERS, LLC
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B. Proposed Landscape Plan(dated: 4/08/2021)
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APPROXIMATE LOCATION OF MON UMENT
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Page 9
C. Proposed Menu Board and Order Speaker Locations
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Page 10
D. Proposed Building Elevations(not a part of approvals)
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Page 11
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the existing Development Agreement(DA
Inst. #2019-028376), and associated conditions of approval: H-2017-0088 (AZ, CPAM,PP,
VAR);FP-2020-0004; Comply with amended DA approved with H-2021-0034 (MDA, DA is
not yet recorded).
2. The Conditional Use Permit for the proposed Drive-Through Establishment is hereby
approved with the following conditions of approval:
a. The proposed menu boards/order speakers shall be located no less than 65 feet from the
near edge of curb at the drive-through entrances. Compliance shall be depicted with the
Certificate of Zoning Compliance site plan.
b. The Applicant/Owner shall include both pavement striping and signage throughout
the site and within the drive-throughs to ensure traffic circulation pattern is clear to
patrons; proposed signage AND striping locations shall be submitted and depicted
on the site plan at the time of Certificate of Zoning Compliance application and
include both directional and tenant signage to direct patrons to desired tenant drive-
through.
c. Per UDC 11-3A-1913.4b,depict all pedestrian walkways traversing driving surfaces to be
constructed with bricks,pavers, and/or colored or scored concrete to clearly delineate the
driving surface from the pedestrian walkway.
Page 12
3. The site plan submitted with the future Certificate of Zoning Compliance application shall be
revised as follows:
a. Per the exhibit within Section V above,remove a segment of curbing within the north
half of the separated drive-throughs.
b. Provide exhibits of and depict on the plans the striping and directional and tenant signage
4. The submitted landscape plan is approved as submitted. Applicant shall maintain the required
35-foot landscape buffer to Chinden Boulevard per City standards outlined in UDC 11-3B-7.
5. Compliance with the standards listed in UDC 11-4-3-11 —Drive-Through Establishment is
required in perpetuity.
6. Comply with the standards listed in UDC 11-4-3-49—Restaurant.
7. A Certificate of Zoning Compliance and Administrative Design Review application shall be
submitted and approved for the proposed use prior to submittal of a building permit
application. Future Commercial building shall comply with the standards outlined in the
Architectural Standards Manual.
8. The conditional use permit is valid for a maximum period of two(2)years unless otherwise
approved by the City. 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 as set forth in UDC 11-5B-6. A time extension may be requested
as set forth in UDC 11-5B-6F.
B. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianci(y.org/WebLink/Doc View.aspx?id=230267&dbid=0&repo=MeridianC
Lty-
IX. FINDINGS
Conditional Use (UDC 11-5B-6)
Findings: The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
Staff finds the site is large enough to accommodate the proposed development and meet all
dimensional and development regulations of the C-C zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Staff finds the proposed multi-tenant building and dual drive-throughs will be harmonious with
the Comprehensive Plan and is consistent with applicable UDC standards with the conditions
noted in Section VIII of this report.
3. 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.
With the conditions of approval in Section VIII and the approved and existing uses in near
proximity to the subject site, Staff finds the design, construction, operation and maintenance of
Page 13
the proposed use will be compatible with other uses in the general neighborhood, be compatible
with the existing and intended character of the vicinity, and will not adversely change the
essential character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
Stafffinds the proposed use will not adversely affect other properties in the vicinity if it complies
with the conditions in Section VIII of this report.
5. 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.
Stafffinds the proposed use will be served by essential public facilities and services as required.
6. 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.
Stafffinds the proposed use will not create additional costs for public facilities and services and
will not be detrimental to the economic welfare of the community.
7. 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.
Stafffinds the proposed use will not be detrimental to any persons,property or the general
welfare by the reasons noted above.
8. 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. (Ord. 05-1170,8-30-2005,eff. 9-
15-2005)
Stafffinds the proposed use will not result in the destruction, loss or damage of any such features.
Page 14