Staff Report P/ZSTAFF REPORT
Hearing Date: October 17, 2013 ~ ~~~~~'~''~
TO: Planning & Zoning Commission
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: CUP-13-012 -Fanci Freez
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Bill Martin, has applied for a conditional use permit (CUP) for adrive-thru
establishment for Fanci Freez restaurant within 300 feet of an existing drive-thru establishment in a
C-G zoning district. See Section IXAnalysis for more inforrnatior~.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Nwnber CUP-13-
Ol2 as presented in the staff report for the hearing date of October 17, 2013, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, 1 move to deny File Number CUP-13-012
as presented during the hearing on October l 7, 2013, for the following reasons: (You should state
specific reasons for denial and what the applicant could do to gain your approval with another
application.)
Continuance
1 move to continue File Number CUP-13-012 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 4920 N. Linder Road, in the SW'/4 of Section 25, Township 4
North, Range 1 West
B. Owner(s):
Brighton Development, Inc.
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
C. Applicant:
Bill Martin
P.O. Box 6144
Boise, ID 83703
Fanci Freez CUP-13-012 PAGE 1
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: September 30, and October 14, 2013
C. Radius notices mailed to properties within 300 feet on: September 26, 2013
D. Applicant posted notice on site by: October 7, 2013
VL LAND USE
A. Existing Land Use(s) and Zoning: T11e subject property is currently in the development process
and is in the C-G zoning district.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant commercial property, zoned C-G
East: Vacant commercial property, zoned C-G (future apartments)
South: Walgreen's pharmacy, zoned C-G
West: N. Linder Road and single-family residential properties, zoned R-8
C. History of Previous Actions:
• In 2004, this property was annexed as part of Paramount Subdivision (AZ-03-006) with the
requirement for a Development Agreement, recorded as Instrument No. 103137116.
• In 2003, a preliminary plat (PP-03-004) and conditional use permit/planned development
(CUP-03-008) was approved for Paramount Subdivision. This property was designated on the
conceptual site plan for retail/office uses.
• In 2007, this property was included in the following approvals:
- Preliminary plat (PP-07-O1 l) for 18 commercial building lots on 18.5 acres of land in a
C-G zoning district;
- Development Agreement modification (MI-07-007) to remove the conditional use permit
requirement and require design review approval instead for all commercial development
in the C-G and L-O zoning districts, recorded as Instrument No. 107145935.
• In 2012, a final plat (FP-12-019) was approved for Commercial Southwest Subdivision No. 2
which includes the subject property as Lot 2, Block 2.
D. Utilities:
1. Public Works:
a. Location of sewer: Sewer service was provided to this lot with the development of the
subdivision.
b. Location of water: Water service was provided to this lot with the development of the
subdivision.
c. Issues or concerns: None
Fanci Freez CUP-13-012 PAGE 2
E. Physical Features:
l . Canals/Ditches Irrigation: There are no canals or ditches on this site.
2. Hazards: Staffis not aware of any hazards that exist on this site.
3. Flood Plain: This site is not within a flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Per the
Comprehensive Plan, commercial designated areas provide a fi-11 range of commercial and retail to
serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-
family residential, as well as appropriate public uses such as government offices. Within this land. use
category, specific zones may be created to focus commercial activities unique to their locations.
These zones may include neighborhood commercial uses focusing on specialized service for
residential areas adjacent to that zone.
The proposed use of the property as a restaurant with adrive-thru is consistent with uses desired in
Commercial designated areas and therefore is consistent with the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Require all commercial and industrial businesses to install and maintain landscaping."
(2.01.03B)
There is a 2~ foot wide landscaped street buffer on this site along N. Linder Road that was
installed with the developn2ent of the subdivision in accord with UDC Table 11-2C-3.
• "Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection." (3.04.02A)
There is adequate water supply and pressure available to the site for fire protection.
• "Plan for and encourage services like health care, daycare, grocery stores and recreational
areas to be built within walking distance of residential dwellings." (2.01.O1C)
The proposed restaurant will be located within walking distance of several surrounding
residential neighborhoods.
• "Reduce the number of existing access points onto arterial streets by using methods such as
cross-access agreements, access management, and frontagelbackage roads." (3.03.020)
Access to the site is provided via an ingress-egress easement to N. Linder Road. All lots in the
subdivision are accessible via across-access easement as depicted on the plat.
• "Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets."
Planter islands are proposed in the parking area and will be landscaped in accord with the
standards listed in UDC 11-3B-8C.
• "Plan for a variety of commercial and retail opportunities within the Area of City Impact."
(3.05.01 J)
The proposed restaurant will provide a needed service in the northern part of the City.
For the above-stated reasons, staff is of the opinion the proposed use is consistent with the applicable
comprehensive plan policies and is appropriate in this location.
Fanci Freez CUP-13-012 PAGE 3
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the
retail and service needs of the community in accordance with the Meridian
comprehensive plan. Six (6) districts are designated which differ in the size and scale of
commercial structures accommodated in the district, the scale and mix of allowed
commercial uses, and the location of the district in proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted,
accessory, conditional, and prohibited uses in the C-G zoning district. A restaurant is a
principal permitted use in the C-G zoning district; adrive-thru establishment requires
conditional use permit approval when located within 300 feet of a residence, residential
use, or another drive-thru 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:
The applicant has submitted a request for a conditional use permit (CUP) for adrive-thru for a
Fanci Freez restaurant located within 300 feet of an existing drive-thru establishment (Walgreen's
pharmacy) as required by UDC Table 11-2B-2. The proposed drive-thru is actually separated
from the Walgreen's drive-thru by another building lot but is within 300 feet of the proposed
facility which requires a CUP.
Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop
Access: Access is provided to the site via an internal driveway access to N. Linder Road at the
north boundary of the site and an internal driveway along the east boundary of the site. These
driveways are located within au ingress/egress, cross access/parking easement for all lots within
the subdivision.
Parking: Based on the overall square footage (s.£) of the building (approximately 2,280 s.£), a
minimum of 4 vehicle parking spaces are required to be provided on the site. A total of 17
parking stalls are proposed, consistent with UDC requirements. Parking is shared between all of
the lots in this subdivision.
Based on the number of vehicle parking stalls (17), a bicycle rack capable of holding a minimum
of one bicycle is required to be provided per UDC 11-3C-6G in accord with the standards listed
in UDC 11-3C-SC. Two bicycle racks are depicted on the site plan in accord with this
requirement.
Landscaping: A 25-foot wide landscaped street buffer exists along N. Linder Road, an arterial
street, and was installed with Commercial Southwest Subdivision No. 2. All existing landscaping
is required to be protected during construction in accord with UDC l 1-3B-lOC.
Parking lot landscaping is required to comply with the standards listed in UDC I 1-3B-8C. The
landscape plan should be revised to include one tree within the planter island at the north end of
the row of parking on the west side of the building; and additional trees should be added within
the south and east perimeter planter islands atone tree per 35 linear feet.
Trash Enclosure: A dumpster to serve the proposed restaurant is depicted on the site plan within
the lawn area at the southeast corner of the site. In order to service this dumpster, Republic
Fanci Freez CUP-13-012 PAGE 4
Services will need to back up to the dumpster which will block the drive-thru lane. Service times
may conflict with the hours of operation of the drive-thru.
The applicant is working with Republic Services to resolve this issue. Republic Services has
agreed with the applicant's proposal to construct the trash enclosure on the adjacent property to
the south where servicing the dumpster won't block the drive-thni. The applicant is working out
the details with Republic Services.
Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC
11-4-3-1 1, Drive-Through Establishment. Staff has reviewed these standards and found the site
plan complies with all standards. The site plan submitted with the Certificate of Zoning
Compliance application should depict the speaker location(s) (if applicable).
Hours of Operation: The proposed hours of operation are from 8:00 am to 12:00 am seven days
a week. The proposed drive-thru does not currently abut a residential use or district; however, a
96-unit apartment complex (Linder Springs) was recently approved to develop on the lot to the
east.
The UDC (11-2B-3A.4) restricts hours of operation of drive-thru establishments when abutting a
residential use or district to the hours between 6 am and 11 pm in a C-G zoning district. Extended
hours of operation may be requested through a conditional use permit. Because this site does not
currently abut a residential use and because a CUP is currently requested, staff recommends the
hours of operation are restricted to that proposed by the applicant with this application.
Sidewalk: A 5-foot wide detached sidewalk exists along N. Linder Road on this site in accord
with UDC 11-3A-17. A pedestrian walkway is depicted on the site plan from the perimeter
sidewalk along N. Linder Road to the main building entrance as required by UDC 11-3A-19A.4.
Building Elevations: Building elevations were submitted for the proposed structure and included
in Exhibit A.4. Building materials consist primarily of stucco siding with checkerboard pattern
tiles, corrugated metal siding, stone veneer accents, and glazing as accent materials. The proposed
building elevations appear to generally comply with the design standards listed in UDC 11-3A-19
and the Meridian Design Manual.
Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC
application for approval of the proposed use from the Planning Division prior to submittal of a
building permit application.
Design Review: The applicant is required to submit a Design Review application concurrent with
the CZC application for final approval of the site layout and building elevations. The proposed
site layout and structures are required to comply with the design standards listed in UDC l 1-3A-
19and the guidelines contained in the Meridian Design Manual.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity & Aerial Map
2. Site Plan
3. Landscape Plan
4. Building Elevations
B. Conditions of Approval
Fanci Freez CUP-13-012 PAGE 5
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. Required Findings from Unified Development Code
Fanci Freez CUP-13-012 PAGE 6
Exhibit A.1: Vicinity & Aerial Map
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Exhibit A.2: Site Plan
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B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all previous conditions of approval associated with this site.
1.2 The landscape plan shall be revised to include one tree within the planter island at the north end
of the row of parking on the west side of the building; and additional trees are required within the
south and east perimeter planter islands at one tree per 35 lineal feet in accord with UDC 11-3B-
8C.
1.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, Drive-
Through Establishment. The site plan submitted with the Certificate of Zoning Compliance
application shall demonstrate compliance with these standards.
1.4 The hours of operation for the proposed restaurant and drive-thru are restricted to the hours
between 8 am and 12 am, seven days a week. Extended hours of operation maybe requested
through a conditional use permit in accord with UDC l 1-2B-3A.4.
l .5 All existing landscaping within the street buffer adjacent to N. Linder Road shall be protected
during construction in accord with UDC 11-3B-1 OC.
1.6 The trash enclosure shall be relocated to allow the dumpster to be serviced without blocking the
drive-thru lane. The applicant shall coordinate with Bob Olson, Republic Services, to determine
an appropriate location.
1.7 Development of this site shall substantially comply with the site plan and building elevations
included in Exhibit A and the conditions of approval in this report.
1.8 The applicant is required to submit a Certificate of Zoning Compliance application for approval
of the proposed use and site layout from the Planning Division prior to submittal of a building
permit application.
1.9 The applicant shall submit a Design Review application concurrent with the Certificate of Zoning
Compliance application for approval of the site layout and building elevations. The proposed site
layout and structures are required to comply with the design standards listed in UDC 11-3A-19
and the guidelines contained in the Meridian Design Manual.
1.10 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
l .1 1 The Applicant shall have a maximum of two (2) years to commence the rise as permitted in
accord with the conditions of approval listed above. If the use has not begun within two (2) years
of approval, a new conditional use permit must be obtained prior to operation or a time extension
must be requested in accord with UDC 11-SB-6F.
1.12 The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments on this application.
Fanci Preez CUP-13-012 PAGE 11
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns with this application.
5. REPUBLIC SERVICES
5.1 Servicing the trash enclosure in the location shown on the site plan in Exhibit A2 will involve
blocking the drive thru lane. The applicant shall work with Bob Olson, Republic Services, to
resolve this issue. A revised site plan showing an acceptable location for the trash enclosure
should be submitted with the Certificate of Zoning Compliance application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 Comply with all ACHD Standard Conditions of Approval as well as all ACHD Policies.
6.2 Prior to the construction, repair, or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc.), a permit must be obtained from ACHD.
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
Panci Preez CUP-13-012 PAGE 12
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-SB-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Staff finds that the subject property is large enough to accommodate the proposed use and the
dimensional & development regulations of the GG district (see Analysis Section IX for more
information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Staff finds that the proposed use is consistent and harmonious with the UDC and
Comprehensive Plan FLrture Land Use Map designation of Commercial 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 complies with the conditions outlined in this report, the
proposed use should be compatible with other uses in the general neighborhood, with the
existing and intended character of the area, and with other existing and future uses in the C-G
zoning district.
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
provided to the subject property. 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.
Fanci Freez CUP-13-012 PAGE 13
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 flee proposed use will clot 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.
Panci Freez CUP-13-012 PAGE 8
Holly Binkley
From: Sonya Watters
Sent: Thursday, October 17, 2013 4:25 PM
To: Machelle Hill; Jacy Jones; Jaycee Holman; Holly Binkley
Subject: FW: Fanci Freez -Applicant Response to Staff Report
From: Damon Beard [mailto:damon@larsonarchitects.biz]
Sent: Thursday, October 17, 2013 3:58 PM
To: Sonya Watters
Subject: Fanci Freez
Sonya,
I've met with the owner for Fanci Freez. We are both in agreement with the staff report. Thanks for your help!
T~e'vYhuy. pewtu~~ NCARB
Larson Architects, P.A.
210 Murray Street
Boise, ID 83714
tel. 208.376.7502
fax 208.658.0224
(Please note my new email address; damonna larsonarchitects. blz)