PZ - Staff Report 6-16 E IDIAN --
STAFF REPORT .►a H o
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 6/16/2022 Legend
DATE: f
ILI Project Lorca i�ar
TO: Planning&Zoning Commission
FROM: Sonya Allen,Associate Planner
208-884-5533 INDEN.13
SUBJECT: H-2022-0034
Lot 8 Retail Building—CUP W
J
LOCATION: 3333 W. Chinden Blvd. in the NE 1/4 of FIR
Section 27,TAN.,R.1W. (Lot 8,Block
1,Lost Rapids Subdivision)
I. PROJECT DESCRIPTION
Conditional Use Permit(CUP) for a drive-through establishment within 300 feet of another drive-
through facility on 0.9 acre of land in the C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.9 acre
Future Land Use Designation Commercial
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Retail and restaurant with a drive-through
Current Zoning General Retail&Service Commercial(C-G)
Physical Features(waterways, NA
hazards,flood plain,hillside)
Neighborhood meeting date;#of 3/16/22
attendees:
History(previous approvals) H-2018-0004(CPAM,AZ,PP,VAR—Lost Rapids);
Development Agreement(Inst.#2018-079970—GFI—
Meridian Investments II,LLC);H-2019-0056(FP—Lost
Rapids)
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C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning
Posting Date
Newspaper Notification 5/31/2022
Radius notification mailed to 5/26/2022
properties within 300 feet
Site Posting Date 6/2/2022
Next Door posting 5/25/2022
V. STAFF ANALYSIS
The Applicant proposes to construct a 5,070 square foot(s.f.)multi-tenant retail building with a
restaurant(i.e. dessert establishment) and a drive-through on a 0.9-acre property in the C-G zoning
district.
Retail and restaurant uses are listed as principal permitted uses in the C-G zoning district per UDC
Table 11-2B-2;restaurants are subj ect 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 I1-4-3-1 M.1. In this case,two other
drive-through establishments exist within 300 feet of the property—Dutch Brothers Coffee(A-2021-
0177) on the abutting lot to the west and Burger King to the southeast(A-2021-0208);there are no
existing residences or residential districts within 300 feet of the property.Note:All(Le. 6 out of 12)
of the perimeter commercial lots in this development that have applied for development permits so
far have drive-throughs associated with them.
The proposed use and development plan is in substantial conformance with the provisions in the
existing Development Agreement(Inst. #2 01 8-0 799 70).
The configuration of the property depicted on the plans does not match that of Lot 8 shown on the
recorded plat for Lost Rapids subdivision. A property boundary adjustment application should be
approved prior to issuance of a building permit for this property.
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.A menu board and speaker are
proposed but are not depicted on the plan;the plan submitted with the Certificate of Zoning
Compliance application should depict the location of these items. The site plan is also required
to demonstrate safe pedestrian and vehicular access and circulation on the site and between
adjacent properties.Pedestrian access should be provided to the adjacent property to the west in
accord with this standard;pedestrian access is not recommended to the property to the east as
it's a fuel facility. At a minimum,the plan is required to demonstrate compliance with the
following standards: Staffs analysis is in italics.
Page 3
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways, drive aisles and
the public right-of-way by patrons;
The drive-through will provide queuing for 9+1-vehicles, which should be adequate to prevent
obstruction of internal drive aisles.
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.
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 located on the north side of the building and is visible from W. Chinden
Blvd.for surveillance purposes.
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.
Dimensional Standards: Future development should be consistent with the dimensional standards
listed in UDC Table 11-2B-3 for the C-G zoning district.
Access: A north/south access driveway exists via W. Chinden Blvd. for this development that runs
along the west boundary of the abutting lot to the west.Another east/west driveway runs along the
south boundary of this site from which access is proposed;this access is shared with the abutting lot
to the west. Direct lot access via Chinden Blvd. is prohibited. A reciprocal cross-access easement
exists between all lots in the subdivision as noted on the Lost Rapids subdivision plat.
Parking: As noted above,UDC 11-4-3-49 includes specific parking standards for restaurants,which
the site plan demonstrates compliance with. A minimum of 20 off-street vehicle parking spaces are
required for the 5,070 square foot building per the restaurant standards; 35 are proposed,in excess of
the minimum standards.
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 east side of the
building which should accommodate a minimum of two(2)bicycles.
Landscaping: Street buffer landscaping was installed within the street buffer along W. Chinden
Blvd. with the Lost Rapids subdivision improvements.
Parking lot landscaping is required to be provided in accord with the standards listed in UDC
11-3B-8C. Shrubs should be included in the perimeter buffer along the east boundary of the site
in accord with UDC 11-311-7C.1b. The buffer along the south boundary of the site should be
widened to a minimum of 7 feet to allow for 2 feet of vehicle overhang in accord with UDC 11-
3C-513.4—parking stalls may be reduced to 17 feet in length; or,wheel stops may be provided in
parking spaces to prevent vehicle overhang. The landscape plan submitted with the Certificate
Page 4
of Zoning Compliance application should be revised to reflect compliance with these standards.
Sidewalks: A 10-foot wide sidewalk/multi-use pathway exists within the street buffer along W.
Chinden Blvd. A pedestrian walkway is required to be provided from the perimeter sidewalk
along W. Chinden Blvd.to the main building entrance per UDC 11-3A-19B.4.Where the
walkway crosses the vehicular driving surface,it's required to be distinguished 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 Certificate of Zoning Compliance application should be
revised to reflect compliance with this standard.
Easements: There are existing easements on this lot as shown on the Lost Rapids subdivision plat.
The proposed structure shall not encroach within these easements,except as allowed in the UDC.
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 for a
single-story building that incorporates a mix of materials consisting of stucco,horizontal siding,
manufactured stone,windows and metal roofing. 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: 4/27/2022)
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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 [H-2018-
0004(CPAM,AZ,PP,VAR—Lost Rapids); Development Agreement(Inst. #2018-079970—
GFI—Meridian Investments II, LLC);H-2019-0056(FP—Lost Rapids)].
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. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk along
W. Chinden Blvd.to the main building entrance per UDC 11-3A-19B.4. The pathway
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(Lost Rapids
Subdivision).Any encroachments within existing easements should be permitted through
the easement holder and/or as allowed by the UDC.
e. Depict landscaping in the perimeter buffer along the east boundary of the site in accord
with the standards listed in UDC 11-3B-8C(shrubs should be included).
f. Widen the perimeter buffer along the south boundary of the site to 7 feet to allow 2 feet
of vehicle overhang(parking stalls may be decreased to 17 feet in length); or,provide
wheel stops in parking spaces to prevent vehicle overhang, as set forth in UDC 11-3C-
513.4.
g. Depict safe pedestrian access to the adjacent property to the west as set forth in UDC H-
4-3-I1 C. Work with the property owner to the west on a common location for the
walkway.Pedestrian access is not required to the property to the east as it's a fuel
facility.
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 W. Chinden Blvd. is prohibited.
5. A property boundary adjustment application shall be approved for the proposed configuration
of the property prior to issuance of a building permit for this site.
6. 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.
7. 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
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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.meridiancity.ory WWebLinkIDocView.aspx?id=263100&dbid=0&repo=MeridianC
Lty
C. SETTLER'S IRRIGATION DISTRICT(SID)
https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=262707&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:
I. 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-G zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
Stafffinds 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.
Page 10
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.
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.
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