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Staff ReportItem #4F, G: SGI (AZ-12.010; CUP-12.008) RFCFrv~; D ®~ - 0 4 1012 Application(s): CiTYOFC%~fs TDIgN , CITY CLERKg C?FF1CE - Annexation & Zoning - Conditional Use Permit Size of property, existing zoning, and location: This site consists of 1.45 acres of land zoned RUT in Ada County and is located at 2420 N. Eagle Road on the NEC of Eagle & River Valley. Summary of Request: The applicant requests annexation & zoning approval of 1.45 acres of land with a C-G zoning district, consistent with the MU-R Comprehensive Plan Future Land Use Map designation. Two different options for development have been submitted. One option is for a 5,075 s.f. multi-tenant retail building to be constructed in Phase 1 with a 2,879 s.f. restaurant with adrive-thru in Phase 2. The other option is for one 10,150 s.f. multi-tenant retail building. Conceptual building elevations have been submitted for both retail buildings but not for the drive-thru restaurant as there is not yet a user. Access to the site is proposed via River Valley; access to Eagle is prohibited. Anorth/south driveway is proposed as a backage road along the east boundary of the site for access to River Valley by the subject property and the properties to the north that are south of the South Slough. Cross-access is required to be provided to those properties. A 35-foot wide landscape street buffer is required along Eagle & a 20-foot wide buffer is required along River Valley as shown on the landscape plan. A 25-foot wide landscape buffer is required along the east boundary adjacent to the future residential uses currently under construction in the Regency at River Valley project. The applicant requests Council approval of a reduction in the buffer width to 15 feet. The applicant's justification for a reduced buffer width is that the adjacent property to the east is providing a 5-foot wide buffer with a 6-foot tall vinyl fence. Additionally, there will be a drive aisle and parking rather Phan a residence adjacent to that boundary. Additionally, when River Valley was constructed, an access point/curb cut was constructed on this site in the location shown per the intersection setback requirements from Eagle Road which established the entry and buffer width. A 10-foot wide multi-use pathway is depicted on the site plan along Eagle & River Valley in accord w/the Master Pathways Plan. A CUP is requested for adrive-thru establishment in a C-G district within 300' of a residential use & district. The property to the east is zoned R-40 and is in the construction process as an apartment complex. Business hours of operation in the C-G district are limited from 6 am to 11 pm because the property abuts a residential district & future residential uses. There are several specific use standards listed in the UDC for drive-thru establishments that apply to the development of this site. The site plan does not comply with two of the standards as follows: • Stacking lanes must have sufficient capacity to prevent obstruction of the public right-of-way by patrons. The proposed stacking lane does not prevent obstruction of "public right-of-way" by deftnifion. However, the driveway along the east boundary will function as a backage road, carrying high volumes of tragic to the four commercial properties north of E. River Valley Street since no access fo Eagle Road will be allowed. The proposed stacking lane has space for approximately 7 cars to stack. If more Phan 7 cars are in line for the drive through, the one way drive aisle Through the parking area and/or the access driveway along the eastern boundary of the site to the north will be obstructed. Therefore, Staff is of the opinion there is not sufficient stacking capacity for the drive-through as proposed. The Police Department has also noted this as an issue. • The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The proposed stacking lane provides space for approximately 7 cars to stack. Beyond that, cars will be blocking the circulation lanes needed for access and parking as there is not adequate area to navigate around cars hanging out from the sfacking lane in either fhe parking area or the access driveway. Therefore, the sife plan is not in compliance w-th this requirement. Written Testimony: Phil Hull Staff Recommendation: Staff recommends pproval of the AZ w/a DA per the provisions in the staff report. Staff recommends the design of the drive-thru proposed with the CUP be re-designed prior to the Council meeting to comply with the specific use standards previously noted. Notes: STAFF REPORT Hearing Date: October 4, 2012 TO: Planning & Zoning Commission E IDIAN~ FROM: Sonya Wafters, Associate City Planner I D A H O 208-884-5533 SUBJECT: AZ-12-010; CUP-12-008 -SGI I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, G4 Acquisitions, LLC, has submitted an application for annexation and zoning (AZ) of 1.45 acres of land with a C-G zoning district. Concurrently, a request for a conditional use permit (CUP) was submitted for adrive-thru establishment in the proposed C-G zoning district within 300 feet of a residential district. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ with the requirement of a development agreement per the provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. Staff recommends the design of the drive through proposed with the CUP as Option A not be approved as proposed and recommends the drive through be re-designed prior to the Council meeting to meet the specific use standards listed in UDC 11-4-3-11 (see Analysis, Section IX for more information). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to City Council of File Numbers AZ-12-010 and CUP-12-008 as presented in the staff report for the hearing date of October 4, 2012, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend approval to City Council of File Numbers AZ-12-O10 and CUP-12-008 as presented in the staff report for the hearing date of October 4, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers AZ-12-010 and CUP-12-008 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 2420 N. Eagle Road on the northeast corner of N. Eagle Road and E. River Valley Road, in the NE'/4 of Section 4, Township 3 North, Range 1 East B. Owner(s): Kenneth Goodman 7795 NW Beacon Square #201 Boca Raton, FL 33487 SGI AZ-12-010; CUP-12-008 PAGE 1 C. Applicant: G4 Acquisitions, LLC 7795 NW Beacon Square #201 Boca Raton, FL 33487 D. Representative: Doug Russell, The Land Group, Inc. 462 E. Shore Drive Eagle, ID 83616 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 17, and October 1, 2012 C. Radius notices mailed to properties within 300 feet on: September 7, 2012 D. Applicant posted notice on site by: September 19, 2012 VI. LAND USE A. Existing Land Use(s) and Zoning: A residence currently exists on the subject property which is zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Vacant property, zoned RUT in Ada County 2. East: Apartments (Regency at River Valley), zoned R-40 3. South: Commercial properties (The Village at Meridian) zoned C-G 4. West: Offices, zoned L-O C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: currently stubbed from Regency at River Valley,(Bach Homes) b. Location of water: currently stubbed from Regency at River Valley,(Bach Homes) c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Downey Sublateral runs along the southern boundary of this site and has been covered. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: NA SGI AZ-12-010; CUP-12-008 PAGE 2 VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use -Regional (MU-R)" on the Comprehensive Plan Future Land Use Map. "The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Fox example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the developments. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 of the Comprehensive Plan." This site is proposed to develop with amulti-tenant retail building and either adrive-through restaurant or more multi-tenant retail space. In looking at the overall MU-R designated area, there is a regional retail center (The Village at Meridian) in the development process directly to the south which also contains restaurants and offices. Amulti-family residential development (Regency at River Valley) is also in the development process directly to the east. The proposed retail and possibly restaurant use would be consistent with the MU-R designation and the mix of uses desired in this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Require that development projects have planned for the provision of all public services." When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service is available to the property. - The lands are capable of being serviced by the Meridian Fire Department (MFD). - The lands are capable of being serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD) and the Idaho Transportation Department (ITD). This service will not change. - The subject lands are currently serviced by the Meridian School District #2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Republic Services. • "Provide landscaping, pedestrian friendly areas, and appropriate signage at gateways, and new development sites throughout town as appropriate, with upscale attractive construction." With development o f the site, the applicant is required to provide landscaped street buffers in accord with the standards listed in UDC 11-2B-3 and 11-3B-7C along N. Eagle Road, an entryway corridor into the City, and E. River Valley Street, a collector street. Amulti-use pathway is proposed along Eagle Road and River Valley Street in accord with the Meridian SGI AZ-12-010; CUP-12-008 PAGE 3 Pathways Master Plan. To ensure quality design, all future structures are required to comply with the design standards listed in UDC 11-3A-19 and the design guidelines in the Meridian Design Manual. • "Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties." There is an apartment complex in the development process directly to the east of the site. A 25- foot wide landscape buffer, landscaped in accord with the standards listed in UDC 11-3B-9C, is required in the C-G zoning district adjacent to residential uses; a 15 foot wide buffer is proposed. The adjacent property has provided a S foot wide landscape buffer with a 6 foot tall solid vinyl fence. • "Require landscape street buffers for new development along all entryway corridors." Upon development of the property, a 35 foot wide landscape buffer will be required along N. Eagle Road, an entryway corridor, landscaped in accord with the standards listed in UDC 11- 3B-7CLavdscape Buffers along Streets. • "Require all commercial and industrial businesses to install and maintain landscaping." With development of this site, all businesses will be required to install landscaping within parking lots in accord with the standards listed in UDC I1-3B-8C Parking Lot Landscaping. Street buffer landscaping is also required per UDC Table I1-2B-3 in accord with the standards listed in UDC 11-3B-7C. A landscape buffer is required adjacent to the residential use to the east per UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-9C Landscape Buffers to Adjoining Uses. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." The subject property is contiguous to the City and urban services can be provided at the time of development. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads." Access to this site is required to be provided via E. River Valley Street, a collector street; access to N. Eagle Road, an arterial street, is prohibited. Anorth/south access driveway is proposed along the east property boundary for access to/from the subject property and the properties to the north via River Valley; cross-access will be required to be provided to the properties to the north. For the reasons stated above, staff finds the proposed development is consistent with the MU-R designation and is consistent with the Comprehensive Plan. 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-21ists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed retail SGI AZ-12-010; CUP-12-008 PAGE 4 and restaurant uses are listed as principal permitted uses in the C-G district; the proposed drive-through establishment requires conditional use permit approval when located within 300 feet of another drive-through facility or a residential use or district. The specific use standards listed in UDC 11-4-3-11 apply to proposed drive-through establishment. 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. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION & ZONING (AZ): This site is comprised of 1.45 acres of land zoned RUT in Ada County. The applicant proposes to annex the property with a C-G zoning district consistent with the Comprehensive Plan Future Land Use Map designation of MU-R. The applicant proposes to develop the site in two phases. The first phase is proposed to consist of a 5,075 square foot (s.£) multi-tenant retail building (see Exhibit A.2). The applicant submitted two different concept plans for the second phase. The first plan, Option A, depicts a 2,879 s.f. restaurant with adrive-through (see Exhibit A.3). The second plan, Option B, depicts another 5,075 s.f. multi-tenant retail building attached to the first building (see Exhibit a.4). The applicant submitted conceptual .building elevations for the retail building proposed in phase 1 and the retail building proposed as Option B in phase 2 (see Exhibits A.2 and A.4). Elevations were not submitted for the restaurant facility proposed in phase 2 as Option A because there is not a user at this time. Building materials are depicted as stacked river rock veneer, stucco, cast stone water table/sill, and stucco cornices with canvas awnings. Access: Access to the site is proposed via E. River Valley Street; access to N. Eagle Road is prohibited. Anorth/south driveway is proposed as a backage road along the east property boundary for access to River Valley by the subject property and the properties to the north. Staff recommends as a provision of the DA that across-access easement be granted by the property owner to the properties to the north, south of the South Slough. A copy of the recorded easement should be submitted to the Planning Department with the first Certificate of Zoning Compliance application for this site. Landscaping: A 35-foot wide street buffer is required to be provided along N. Eagle Road, an entryway corridor, as shown on the landscape plan. A 20-foot wide buffer is required to be provided along E. River Valley Street, a collector street, in accord with the standards listed in UDC 11-3B-7C. A 25-foot wide buffer is shown on the landscape plan. A 25-foot wide landscape buffer is required to be provided along the east property boundary adjacent to the future residential uses currently under construction in the Regency at River Valley project, in accord with the standards listed in UDC 11-3B-9C. The landscape plan depicts a 15- foot wide buffer in this area. The applicant requests Council approval of a reduced buffer width as shown. The applicant's justification for a reduced buffer width is that the adjacent property to the east is providing a 5-foot wide buffer with a 6-foot tall vinyl fence. Additionally, there will be adrive aisle and parking rather than a residence adjacent to that boundary. Additionally, when River Valley was constructed, an access point/curb cut was constructed on this site in the location shown per the intersection setback requirements from Eagle Road which established the entry and buffer width. Council has the authority to modem the width if of the required buffer at a public hearing with notice to surrounding property owners (UDC 11-3B-9C.2). SGI AZ-12-010; CUP-12-008 PAGE 5 Pathways: A 10-foot wide multi-use pathway is proposed on the site plan along N. Eagle Road and E. River Valley Street in accord with the Master Pathways Plan. Staff recommends as a DA provision that a public pedestrian easement be submitted to the City, approved by City Council and recorded prior to issuance of the first Certificate of Zoning Compliance for this site. Fencing: No fencing is proposed with development of this site. A 6-foot tall vinyl fence was proposed to be constructed along the east property boundary with development of the Regency at River Valley project to the east. Hours of Operation: The UDC (11-2B-3A.4) requires business hours of operation in the C-G zoning district to be limited to the hours between 6 am and 10 pm when the property abuts a residential use or district. Because this property abuts a residential district and future residential uses on the east, these restrictions apply. Extended hours of operation may be requested through a conditional use permit. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance and Design Review application prior to issuance of building permits. The layout of the site and design of the structure shall be generally consistent with the site plan and building elevations submitted with this application and shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Development Agreement: The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. Although a conceptual development plan was submitted, no development is proposed with this application. To ensure the site develops consistent with the Comprehensive Plan and the concept plan(s), staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. CONDITIONAL USE PERMIT (CUP): The UDC requires conditional use approval of a drive- through establishment when the property is located within 300 feet of another drive-through facility or a residential use or district. Because there is an apartment complex in the development process on the property to the east, zoned R-40, within 300 feet of the site, a CUP is required. Per UDC 11-4-3-11, the following Specific Use Standards apply to the proposed drive-through use of the property as follows: A. All establishments providing drive-through service shall identify the stacking lane, speaker location, and window location(s) on the plans submitted with the Certificate of Zoning Compliance application. The stacking lane & window location is shown on the site plan; the speaker location is not shown. B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons. The proposed stacking lane does not prevent obstruction of `public right-of-way" by definition. However, the driveway along the east boundary will function as a backage road, carrying high volumes of traj~c to the four commercial properties north of E. River Valley Street since no access to Eagle Road will be allowed. The proposed stacking lane has space for approximately 7 cars to stack. If more than 7 cars are in line for the drive through, the one way drive aisle through the parking area and/or the access driveway along the eastern boundary of the site to the north will be obstructed. Therefore, Staff is of the opinion there is not sufficient stacking capacity for the drive-through as proposed (also see Police Department comments in Exhibit B, 4.1). C. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The proposed stacking lane provides space for approximately 7 cars to stack. Beyond that, cars will be blocking the circulation lanes needed for access and SGI AZ-12-010; CUP-12-008 PAGE 6 parking as there is not adequate area to navigate around cars hanging out from the stacking lane in either the parking area or the access driveway. Therefore, the site plan is not in compliance with this requirement. D. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. The proposed stacking lane is not within ten (10) feet of a residential district or residence in compliance with this requirement. E. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. The proposed stacking lane is approximately 120 feet in length. The site plan does show an escape plan in compliance with this requirement. F. A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. ACHD has no comments on the internal design of this site. Staff recommends approval of the proposed AZ with a development agreement with the provisions listed in Exhibit B. Staff recommends the design of the drive through proposed with the CUP as Option A not be approved as proposed and recommends the drive through be re-designed prior to the Council meeting to meet the specific use standards listed above (B & C). X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site, Landscape Plan and Building Elevations (date: 9/6/12) -Phase 1 3. Site Plan & Landscape Plan (date: 9/6/12) -Phase 2 Option A 4. Site Plan, Landscape Plan and Building Elevations (date: 9/6/12) -Phase 2 Option B B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Annexation Legal Description & Exhibit Map D. Required Findings from Unified Development Code SGI AZ-12-010; CUP-12-008 PAGE 7 Exhibit A.1: Vicinity Map sci nz-~a-oio: cu~~-i2-ooa i~nc~i. x Exhibit A.2: Site, Landscape Plan and Building Elevations (date: 9/6/12) -Phase 1 ~~ i r I I I I _~ ' -•-------- ~' -s~~-- .' I ~ ~~ - 3 i y ~1 ` i 4 R..., f r I -max fT 1 9 B v.., eog, I I ~ I t so:e:: I I ~ I ! s fl I . I I ~ ' ~ I I Pad I i a•~ .,e?E~ ~as?~ !• -. ~J I i ~ ' e I ^m ~ __ - ~* -- - ~~ o ~._ . ~»_ _ ~„;_. ~ ,.,r ~I , y ~ ~ :s - ~ -~1~ '~ ~~ ~ ~ [91 Illillllftilllllll a - ~ `~~~ ~"• ~. °..~. °'~ \ ~ ~ ~ .. e - ...M.. _._.. ~ - r 1 E -llF r T E T ,r. J- -,~,~,r,- _.:e .. ~ '^-.. \r / _.. ~i ~l ! Y I I I I f I I _ I I _._ f I ~ti C f I ~~ ,: I I ~ b1mtJ '. p..oe. 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E~~ ...._ ,.........~..... ~~ -- ~IE -LLEi TEET ,e ~~,_..._.-. ~. ` . ` ~ - ~ r -- t ~~ ~ '' -- i _- . . ®landscape Plan Phace Two- Option B 4f a: WW y•:.~a[.~ ~ti, M_f~rcM ,. ~..v.a ~ a..ar..s i ~~.~ 4aNSCwe sw ~wna war m ~i SGI AZ-12-010; CUP-12-008 PAGE 12 • ._.,- F , - _i ..... ~ ..V^. ` fRC~4T F_Fl'aTIDh -~. ..': f. 'AlNI'1 N _ .: •r.fs ~i - :~t]GNiA rr {iii .. `•'+"Arrc. i.rACAY.Ai •v.. •vv •v ~ A~i.. i.rrt.sl~ REAR =~EV.4TIOR , dT 5~`vk ~: ^fhli. "T_iY .... ..... 'i..if.. `.1.. SGI nL-]2-010: CUP-12-008 PAGI? 13 LEFT SIDE E'_EVATI~N RI ~?iT51~E E'_Ei:rtiTlOh ~----J L--------------J ~-----------~ ~---------~ Exhibit B: Agency Comments On September 13, 2012, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, and Meridian Parks Department. Staff has included all comments and recommended actions below. 1. PLANNING DEPARTMENT 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Access to the site shall be provided as shown on the site plan via E. River Valley Street; direct access to N. Eagle Road is prohibited. b. Across-access easement shall be granted by the property owner to the properties to the north, south of the South Slough, for access via E. River Valley Street. A copy of the recorded easement shall be submitted to the Planning Department prior to issuance of the first Certificate of Occupancy for this site. c. A 35-foot wide landscape buffer is required along N. Eagle Road in accord with the standards listed in UDC 11-3B-7C, per UDC Table 11-2B-3. A 25-foot wide landscape buffer is also required adjacent to residential uses in accord with the standards listed in UDC 11-3B-9C, per UDC Table 11-2B-3, unless the width is modified by City Council. Internal parking lot landscaping will be required in accord with the standards listed in UDC 11-3B-8C. d. Business hours of operation in the C-G zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district, per UDC 11-2B-3A.4. Extended hours of operation may be requested through a conditional use permit. e. A 10-foot wide multi-use pathway is required to be constructed along N. Eagle Road and E. River Valley Street as shown on the site plan. The pathway should be constructed in accord with the standards contained in the Pathways Master Plan and in a location approved by the Parks and Recreation Director. £ A public pedestrian easement for the multi-use pathway is required to be submitted to the City, approved by City Council, and recorded prior to issuance of the first Certificate of Occupancy on this site. The pathway shall be constructed in its entirety with the first phase of development.The applicant is required to obtain approval of a Certificate of Zoning Compliance and Design Review application prior to issuance of building permits. The layout of the site and design of the structure(s) shall be generally consistent with the site plan and building elevations approved with this application and shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. SGI AZ-12-010; CUP-12-008 PAGE 14 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains that were stubbed from Regency at River Valley,(Bach Homes). 2.2 Water service to this site is being proposed via extension of mains currently stubbed from Regency at River Valley,(Bach Homes). The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat. 2.4 A letter of credit, cash surety or bond in the amount of 110% will be required for all uncompleted non-life safety improvements (eg. fencing, landscaping, amenities, etc.), prior to occupancy. 2.5 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.6 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. 2.7 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.8 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.9 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.10 The City of Meridian requires that no trees are to be installed within 5 feet of water meters, fire hydrants or valves this includes no planting over the top of sewer, water, irrigation mains or services. 2.11 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.12 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. 2.13 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian Department of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. SGI AZ-12-010; CUP-12-008 PAGE 15 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (1FC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ''/z" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 '/z" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.7 Commercial and office occupancies will require afire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.10 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code Section 101.2. 3.12 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 3.13 Applicant needs to be cautious with street lights and trees that might be placed near the entrance. These will need to be set back from the street 12 to 15 feet from River Valley to allow for the sweep of the bucket of our ladder truck to turn into the complex. Also any trees that might overhang the drive aisles will need to be kept at 13 feet 6 inches of clearance. SGl AZ-12-010; CUP-12-008 PAGE 16 4. POLICE DEPARTMENT 4.1 The Police department has significant concerns over Option A, the design that features a drive thru facility, due to traffic congestion and drive thru back up concerns which predictably would cause problems as the plan is currently drafted. The drive thru would be best moved to the far west end of the project or eliminated in favor of another type of building that would not create traffic back concerns combined with the thru road on the east end of the project. 4.2 The Police Department has no concerns with the design of Option B as submitted. 5. REPUBLIC SERVICES S.l The site plan submitted with the Certificate of Zoning Compliance should be revised as follows: a. Trash enclosure door openings need to be 12 feet inside b. Include detail on gate wind stops, etc. c. The island in front of the enclosure does not allow for a straight approach to the right side enclosure; the island shall be tapered on the west end like it is on the east to allow the correct approach. d. If recycling is proposed, contact Bob Olson at Republic Services to discuss. 6. PARKS DEPARTMENT 6.1 Construct a 10-foot wide multi-use pathway as shown on the site plan along E. River Valley Road and along N. Eagle Road in accord with the Meridian Pathways Master Plan. 7. ADA COUNTY HIGHWAY DISTRICT The applicant should provide a permanent sidewalk easement for sidewalk located outside of the right-of-way. The easement shall encompass the entire area between the right-of- way line and 2 feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of--way or wholly within an easement. SGl AZ-12-010; CUP-12-008 PAGE 17 Exhibit C: Annexation Legal Description & Exhibit Map ~oAHa SURVEY GROUP Project No. 12-084 DESCRIPTION FOR 2420 N. EAGLE ROAD ANNEXAT{ON 1450 6u WxarGOwer St s~ 13a Meridiair, Idaho 83642 ~~. tzasl 8+6~w Fax. (208) 884.5394 September 5, 2012 A parcel of land located in the SW 114 of the NW 114 of Section 4, T.3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the W114 comer of said Section 4 from which the NW comer of Section 4 bears North 00°36'08' East, 2811.39 feet; thence along the West boundary line of said Section 4 North 00°36'08' East, 180.00 feet; thence leaving of said West boundary line South 89°45'23" East, 350.00 feet; thence South 00°36'08" West, 180.00 feet to a point on the East-West cer>tertine of said Sectlan 4; thence along said East-West centerline North 89°45'23' West, 350.00 feet to the REAL POINT OF BEGINNING, containing 1.45 acres, more or less. P~- R~W~ 6~ ~ 1 ~ ~~,.1G ME~~aKS OE~- Prepared by: Gregory G. Carter, P.L,S. SGl AZ-12-010; CUP-12-008 PAGE 18 S32S33 5 5 5 4 ~' .~ ~ L m' ~~ ~ ~ ro ~ S 69'45'23° E 350.00' ~o h Vy~ rn ~ ( ~ L9 `" 70' W10E EAGLE ROAO ~ 1 g ( ~~. RIGHT-OF-WAY o 1~ 1 ;' 242b N. EAGLE RD. 1~ I o 1.45 ACRES {ANNEXATIaN AREA) Im 1 M 82,999 s.f_ ~~ < 1 o Ir] W ~ Z ~~ 1 N ~1 ~~3 1 1 I s , '~,v, A ~~a.oa' `'~ ~ S/4 CORNER P051710N CALCULATED PER ROS ~I$528 _ _ _ _ 24a.ofl• N 89'45'2$"-W 350, 00' - - - - - - - LEGENb 7 7 2 q~,g~r r'~ .°~.= ~~ ~. C ------- -- ---- ANNE7fATfON 80UNOARY LINE - - - - - SECTION LINE 5EP t 12012 MERIDIAN PUBLIC yVQRKS DEPT. RIGHT-OF-WAY LINE la 60 180 0 30 ~zo Per A 1 >-. ~ ~~ F' /'1~ SGI AZ-12-010; CUP-12-008 PAGE 19 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Staff finds that the proposed map amendment to C-G is generally consistent with the future land use map designations of MU-R. Please see the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed map amendment to the C-G zoning district and the subsequent commercial development is generally consistent with the purpose statement of the commercial district in that it will provide for the retail and service needs of the community. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). Staff finds annexing this property with the C-G zoning district is in the best interest of the City. Staff finds that the nature of future development on this site can be addressed through a development agreement. 2. Conditional Use Permit (UDC 11-SB-6E) The Council 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. Staff finds that the subject property is not large enough to accommodate all of the specific use standards for drive-through establishments listed in UDC 11-4-3-11 as discussed in Section IX of the staff report. The proposed site plan does meet the dimensional standards of the C-G district. SGI AZ-12-010; CUP-12-008 PAGE 20 b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan future land use map designation of MU-R for this site. 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. Staff finds that if the applicant re-designs the site layout for the proposed drive-through so that traffic is not able to stack out into the backage road that the design and operation of such will be compatible with other uses in the general neighborhood and with the existing and intended 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. Staff 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. Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD. Based on comments from other agencies and departments, Staff 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. If approved, the applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not 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. Staff finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.