PZ - Staff Report for 5-19 E IDIAN --
STAFF REPORT .►a H o
COMMUNITY DEVELOPMENT DEPARTMENT
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HEARING 5/19/2022
DATE: Legend
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I�Project Lorca i�ar
TO: Planning&Zoning Commission
FROM: Sonya Allen,Associate Planner
208-884-553371
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SUBJECT: H-2022-0026 li�4Cli+VIL '�
Peak at Sawtooth Village—CUP --
LOCATION: Generally located at the southeast corner
of N. Linder Rd. and W. McMillan Rd. at _
4752 N. Linder Rd. (Lot 26,Block 1, J
McLinder Subdivision No. 2), in the NW '-Lo
1/4 of Section 36,T.4N., R.1W. 4v
I. PROJECT DESCRIPTION
Conditional Use Permit(CUP) for a drive-through establishment within 300 feet of another drive-
through facility, a residential district and existing residences on 0.93-acre of land in the C-N zoning
district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.93-acre
Future Land Use Designation Mixed Use—Neighborhood(MU-N)
Existing Land Use Vacant/undeveloped land IF
Proposed Land Use(s) Restaurant with a drive-through
Current Zoning Neighborhood Business District(C-N)
Physical Features(waterways, The Lemp Canal runs along the northern boundary of this
hazards,flood plain,hillside) site.
Neighborhood meeting date;#of 4/11/22
attendees:
History(previous approvals) AZ-13-010;PP-13-022;CUP-13-010(McLinder
Sub./Sawtooth Village—Development Agreement Inst.
#1140203 72);FP-15-001
Page 1
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C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning
Posting Date
Newspaper Notification 5/3/2022
Radius notification mailed to 4/27/2022
properties within 300 feet
Site Posting Date 5/9/2022
Next Door posting 4/27/2022
V. STAFF ANALYSIS
The Applicant proposes to construct a 4,846 square foot(s.f.)building with three(3)tenant spaces
and a drive-through on the westerly 2,200 s.f,tenant space for a restaurant on a 0.93-acre property in
the C-N zoning district. The proposed tenant intends for the drive-through to be more of a pick-up
location where customers would order ahead through a mobile app rather than ordering from a
speaker or window;no speaker or menu board is proposed at this time.
A restaurant is listed as a principal permitted use in the C-N zoning district per UDC Table I1-2B-2,
subject to the specific use standards listed in UDC 11-4-3-49. A drive-through requires approval of a
conditional use permit when it's within 300-feet of another drive-through facility, an existing
residence or a residential district per 11-4-3-11A.1. In this case,all three apply; a drive-through exists
on the adjacent property to the south and residential uses exist kitty corner to this site to the southeast
in the R-15 zoning district.
The proposed use and development plan is in substantial conformance with the provisions in the
existing Development Agreement(Inst. Al14020372).
Specific Use Standards:
Drive-Through Establishment: The proposed drive-through establishment is subject to the
specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment.All establishments
providing drive-through service are required to identify the stacking lane,menu and speaker
location(if applicable),and window location on the site plan. The site plan is also required to
demonstrate 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: Staffs analysis is in italics.
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles
and the public right-of-way by patrons;
The stacking lane will accommodate approximately five(S) vehicles, which the Applicant
believes will be sufficient for their use/business model. Staff is concerned if the stacking lane
backs up,the drive-aisle on the north side of the building may obstruct vehicles trying to enter
or exit the parking spaces in that area.Also, while the proposed stacking lane may
Page 3
accommodate the proposed user, it may not be able to accommodate future users that may be
more intense without obstructing the drive aisle and parking on the north side of the building.
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 designated employee parking.
The stacking lane is a separate lane from the circulation lanes needed for access and parking on
the west side of the building; however, if stacking backs up around the north side of the building
it could obstruct parking in that area.
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 exceeds 100'in length and an escape lane is proposed.
5)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 Rd. and W. McMillan Rd.,public streets along the
west and north boundaries of the site,for surveillance purposes.
Based on the above analysis, Staff deems the proposed drive-through in general compliance
with the specific use standards as required.If the Commission doesn't feel there is adequate
stacking area to accommodate vehicles in the drive-through without obstructing the drive
aisle needed for circulation and parking on the north side of the building, revisions may be
required to the site design.
Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-
49 Restaurant,which requires at a minimum, one(1)parking space to be provided for every 250
square feet of gross floor area.
Hours of Operation: The hours of operation are restricted to 6:00 am to 10:00 pm in the C-N zoning
district per UDC 11-2B-3B.
Dimensional Standards: Future development should be consistent with the dimensional standards
listed in UDC Table 11-2B-3 for the C-N zoning district.
Access: Access is proposed via internal drive aisles in McLinder Subdivision from existing off-site
accesses on Linder and McMillan Roads. Direct lot access via N. Linder Rd. and W. McMillan Rd. is
not proposed and is prohibited.
Parking: As noted above,UDC 11-4-3-49 includes specific parking standards for restaurants of
which the site plan demonstrates compliance. A minimum of 19 off-street parking spaces would be
required if the entire structure were to be used as a restaurant; a total of 33 spaces are proposed,
which exceeds the minimum standard.
A minimum of 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. A bicycle rack is proposed on the north side of the
building which can accommodate two (2)bicycles and complies with these standards.
Pedestrian Walkways: Where pathways cross vehicular driving surfaces,they're required to be
distinguished from the vehicular driving surface through the use of pavers,colored or scored
concrete,or bricks as set forth in UDC 11-3A-19B.4.The site/landscape plan submitted with the
Page 4
Certificate of Zoning Compliance application should reflect compliance with this standard—the
proposed striping of the crosswalk is not allowed and should be revised to comply with this
standard.
Landscaping: Street buffer landscaping was installed within the street buffers along N. Linder Rd.
and W.McMillan Rd.with the subdivision improvements.
Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-
8C. The plan reflects compliance with these standards.
Sidewalks: Sidewalks exist along N. Linder Rd. and W. McMillan Rd. on this site.An attached
sidewalk exists along Linder and a detached sidewalk exists along McMillan. The UDC requires
detached sidewalks to be constructed along all arterial streets; however,because the sidewalk along
Linder was constructed with ACHD's road widening project and is in good condition, Staff does not
recommend it's removed and reconstructed as a detached sidewalk.
Waterways: The Lemp Canal runs along the northern boundary of this site along W. McMillan Rd.
and was piped with the subdivision improvements(Inst. #2015-010111). The building is proposed to
be located outside of the easement.
Easements: There are several existing easements on this lot; see the subdivision plat for more
information(i.e. McLinder Subdivision No. 2). The site/landscape plan should be revised to depict
all easements that exist on the.Any encroachments within existing easements should be permitted
through the easement holder.
Mechanical Equipment: All mechanical equipment on the back of 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.
Building Elevations: Conceptual building elevations were submitted as shown in Section VII.0 that
incorporate a mix of materials consisting of horizontal hardboard siding, stone veneer and glazing.
The final design shall be consistent with the design standards listed in the Architectural Standards
Manual.
Certificate of Zoning Compliance&Design Review: A Certificate of Zoning Compliance and
Design Review application is required to be submitted for the proposed use prior to submittal of a
building permit application to ensure consistency with the conditions in Section VIII,UDC standards
and design standards.
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.
Page 5
VII. EXHIBITS
A. Proposed Site Plan(dated: 4/12/2022)
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B. Proposed Landscape Plan(dated: 4/12/2022)
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Page 7
C. Building Elevations(dated: 4/12/22)
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Page 8
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the previous conditions of approval and
terms of the existing Development Agreement and the conditions contained herein [AZ-13-
010; PP-13-022; CUP-13-010(McLinder Sub./Sawtooth Village—Development Agreement
Inst. #114020372); FP-15-001].
2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance
application shall be revised as follows:
a. The stacking lane, menu and speaker location(s),and window location shall be depicted
in accord with UDC 11-4-3-IIB.
b. All mechanical equipment on the back of the building and outdoor service and equipment
areas 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.
c. The pathway from the perimeter sidewalk along W. McMillan Rd.to the main building
entrance shall be distinguished from the vehicular driving surface through the use of
pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4b.
d. Depict all easements that exist on the subject lot per the recorded plat(McLinder
Subdivision No. 2). Any encroachments within existing easements should be permitted
through the easement holder.
e. Depict signage at the southern driveway access on the east side of the site prohibiting
entry in that location due to it being a one-way drive aisle and paint an arrow signifying
one-way traffic on the drive-aisle.
3. Compliance with the standards listed in UDC 11-4-3-11 Drive-Through Establishment and
11-4-3-49—Restaurant is required.
4. Direct access via N. Linder Rd. and W. McMillan Rd. is prohibited.
5. The business hours of operation are restricted to 6:00 am to 10:00 pm in the C-N zoning district
per UDC 11-2B-3B.
6. Install signage on the east side of the site at the entrance to the southern driveway prohibiting
access at that location due to it being a one-way drive aisle.
7. A Certificate of Zoning Compliance and Design Review application shall be submitted and
approved for the proposed use prior to submittal of a building permit application. The design
of the site and structure shall comply with the standards listed in UDC 11-3A-19; the design
standards listed in the Architectural Standards Manual and with the Development Agreement.
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.
Page 9
B. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancity.org/WebLink/DocView.gyp x?id=259328&dbid=0&repo=MeridianC
Lty
C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridianciN.ofglWebLinkIDocView.aspx?id=260475&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-Nzoning 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 restaurant with a drive-through 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.
Stafffinds the design, construction, operation and maintenance of the proposed use will be
compatible with other uses in the general neighborhood, 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.
Staff ,finds 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.
Staff ,finds 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.
Page 10
Staff ,finds 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)
Staff ,finds the proposed use will not result in the destruction, loss or damage of any such features.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
Page 11