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PZ - Staff ReportHealthy Balance Pharmacy Drive-through – H-2018-0086 PAGE 1 STAFF REPORT HEARING DATE: September 20, 2018 TO: Planning and Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Healthy Balance Pharmacy CUP – H-2018-0086 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Daniel A. Schwalbe, has applied for a conditional use permit (CUP) for a drive- through pharmacy within 300 feet of an existing drive-through establishment. See Section VII, VIII & IX for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP application with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit C. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0086 as presented in the staff report for the hearing date of September 20, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0086 as presented in the staff report for the hearing date of September 20, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0086 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 site is located at 2424 E. Gala Ct., in the NW ¼ of the NE ¼ of Section 20, Township 3 North, Range 1 East. B. Applicant/Representative: Daniel A. Schwalbe, Daniel A. Schwalbe, Inc. 11422 E. 4th Ave. Spokane, WA 99206 C. Owner: Tyler C. Higgins 1024 Big Creek Circle Healthy Balance Pharmacy Drive-through – H-2018-0086 PAGE 2 Nampa, ID 83686 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 and Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 31, 2018 C. Radius notices mailed to properties within 300 feet on: August 24, 2018 D. Applicant posted notice on site by: September 4, 2018 VI. LAND USE A. Existing Land Use(s): The property is vacant commercial property, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Overland Road and vacant commercial property zoned C-G 2. East: Drive-through coffee shop, zoned C-G 3. South: Multi-tenant office building, zoned C-G 4. West: Multi-tenant office building, zoned L-O C. History of Previous Actions: In 2006, the subject property, a.k.a. Kenai Subdivision was granted Annexation and Zoning (AZ-06- 021) approval by City Council with R-15, and C-G zoning districts. A Development Agreement (DA) was approved with the annexation (Instrument No. 106141056). A preliminary plat (PP-06-019) was approved concurrently with annexation of the property with 64 single family detached residential lots, 24 alley loaded/attached single family residential lots, 9 multi-family residential lots, 25 common lots, and 32 commercial lots on 77.66 acres. Also in 2006, the property received final plat approval for Gramercy Subdivision N0. 1 (FP 06-048) consisting of 50 residential building lots, 32 commercial building lots, 1 city park lot and 21 common lots on 62.01 acres of land. D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in the driveway near the southeast corner of the property. b. Location of water: Water mains intended to provide service to the subject property currently exists in the driveway near the southeast corner of the subject site. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities exist on this property. 2. Hazards: NA 3. Flood Plain: This property is not within the flood plain. Healthy Balance Pharmacy Drive-through – H-2018-0086 PAGE 3 VII. COMPREHENSIVE PLAN ANALYSIS This property is designated “Mixed Use Regional” 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. For example, an employment center should have 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 development. A pharmacy is considered a community service use, therefore staff is of the opinion; the site is developing in the context of a mixed-use development consistent with the Comprehensive Plan. The area is developed with a variety of medical and professional office buildings. The addition of a pharmacy to the area will complement the existing uses in the area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. “Require landscape street buffers for new development along all entryway corridors.” (2.01.02E) A 25-foot wide landscape buffer exists adjacent to Overland Road in accord with UDC 11-3B-7C. 2. “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) All parking lot landscaping must comply with the standards listed in UDC 11-3B-8C. 3. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are readily available to serve the proposed commercial development. 4. “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) Staff believes the pharmacy and associated drive-through will complement the existing residential and medical offices developed in the area. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): COMMERCIAL DISTRICTS (C-G) - The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six 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: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-G zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards Healthy Balance Pharmacy Drive-through – H-2018-0086 PAGE 4 listed in UDC 11-2B-3 for the C-G zoning district. D. Landscaping:  Parking lot landscaping: All parking lot landscaping must comply with the standards listed in UDC 11-3B-8C. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for the proposed commercial development. F. Structure and Site Design Standards: The proposed development must comply with the design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual (ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional Use Permit (CUP): The applicant is proposing to construct a 4,364 square foot two- story pharmacy with associated drive-through. Per the recorded plat direct lot access to Overland Road was not granted to this parcel however; there is a reciprocal cross access in place for this parcel to access Gala Street to the south, Wells Ave. to the east and use the tight-in only access from Overland Road. Staff’s analysis of the proposed development includes the internal site/landscape improvements and the site circulation of the drive-through and adjacent properties. Cross Access: The applicant will need to provide staff with evidence of a cross-access easement with the property to the south in order for a certificate of zoning compliance to be approved. Please provide the information with the Certificate of Zoning Compliance application. Specific Use Standards: The UDC requires a conditional use permit if the drive-through establishment is within 300 feet of an existing drive-through use and is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment. Staff has reviewed these standards and found the site plan to be in compliance with these standards. Parking: The applicant is showing several parking stalls that could be impacted by the drive- through lane. Customers that park in stalls 1-8 may have a difficult time accessing or back ing out of these stalls if there are vehicles waiting in the drive-through lane. Staff is of the opinion that these stalls should be marked as employee parking in order to reduce the possibility of conflict in the drive through lane. Site Plan: Staff has reviewed the submitted site plan and requires the necessary revisions prior to the submission of the certificate of zoning compliance (CZC) application. 1) Per UDC 11-3C-5, the applicant shall provide curbing or wheel stops on the south side of the parking aisle containing stalls 8-17 to prevent vehicles from entering the drive aisle. 2) Per UDC 11-3B-5 and 11-3B-8, a 5-foot wide landscape buffer (measured inside of curb to inside of curb) is required on the south side of the parking aisle containing stalls 8-17. The buffer is being required to clearly demark the new parking area from the shared 25-foot drive aisle with the adjacent property to the south. Although the buffer does impact the site design as submitted, staff believes that the applicant has sufficient area to accommodate the buffer and the 25-foot wide drive aisle without significantly modifying the layout. 3) The drive-through area should be striped one-way as depicted on the submitted site plan. Parking: Based on the overall square footage (s.f.) of the building, approximately 4,364 s.f., a minimum of 9 vehicle parking spaces are required to be provided on the site. A total of 25 Healthy Balance Pharmacy Drive-through – H-2018-0086 PAGE 5 parking stalls are proposed, which exceeds the UDC requirements. Landscaping: Staff has reviewed the submitted landscape plan for compliance with UDC 11-3B. The 25-foot wide landscape buffer adjacent to Overland Road was constructed with the approval of the final plat and meets the requirements of the UDC. For purposes of this application staff has only analyzed the internal parking lot landscaping and recommended changes as noted above. Building Elevations: The applicant has submitted sample elevations of the building. In general, staff is supportive of the submitted elevations. The building materials appear to be stucco, concrete and stone with metal trim. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Summary: In summary, staff finds the proposed project complies with the applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subj ect application. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed CUP Site Plan (dated: August 2, 2018) 3. Proposed Landscape Plan (dated: June 21, 2018 4. Proposed Building Elevation (dated: August 2, 2018) B. Conditions of Approval C. Required Findings from Unified Development Code Healthy Balance Pharmacy Drive-through – H-2018-0086 PAGE 6 Exhibit A.1: Vicinity Map Healthy Balance Pharmacy Drive-through – H-2018-0086 PAGE 7 Exhibit A.2: Proposed CUP Site Plan (dated: August 2, 2018) Healthy Balance Pharmacy Drive-through – H-2018-0086 PAGE 8 Exhibit A.3: Proposed Landscape Plan (dated: June 21, 2018) Healthy Balance Pharmacy Drive-through – H-2018-0086 PAGE 9 Exhibit A.4: Proposed Building Elevations (dated: August 2, 2018) Healthy Balance Pharmacy Drive-through – H-2018-0086 PAGE 10 B. Conditions of Approval 1. PLANNING DIVISION Conditional Use Permit 1. The applicant shall comply with all conditions of previous approvals (AZ-06-021, Instrument No. 106141056, PP-06-019). 2. The applicant shall comply with the Specific Use Standards for drive-through establishments. a. Parking stalls 1-8 be shall be labeled and designated as employee parking stalls only. 3. The site plan is approved, with the conditions listed herein. The applicant shall revise the site plan as follows: b. Per UDC 11-3C-5, the applicant shall provide curbing or wheel stops on the south side of the parking aisle containing stalls 8-17 to prevent vehicles from overhanging in the required landscape buffer required in condition 3b. c. The drive-through area shall be striped one-way as depicted on the submitted site plan. d. Parking stall dimensions shall comply with the standards set forth in UDC Table 11-3C- 5. 4. The landscape plan is approved, with the conditions listed herein. The applicant shall revise the landscape plan as follows: a. Per UDC 11-3B-5 and 11-3B-8, a 5-foot landscape buffer (measured inside of curb to inside of curb) is required on the south side of the parking aisle containing stalls 8-17. 5. Development of this site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A and the conditions of approval in this report. 6. The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed use and final site layout and building designs prior to submittal of a building permit application. 7. 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 Architectural Standards Manual (ASM). 8. Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 9. The applicant shall have a maximum of two (2) years to commence the drive-through use 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 11-5B-6F. 10. 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. 11. The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 12. All signage for the property is subject to the standards set forth in UDC 11-3D. 13. With the certificate of zoning application, the applicant shall provide a copy of the recorded cross access agreement with the property owner to the south (parcel #R2399370010). Healthy Balance Pharmacy Drive-through – H-2018-0086 PAGE 11 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall comply with all conditions of approval associated with the approved Knighthill Center preliminary plat (file #PP-13-031). 3. POLICE DEPARTMENT 3.1 The Police Department has no comments related to this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments related to this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (COMMENTS FORTHCOMING) 7.1 Pay a traffic impact fee. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit by the lead agency. 7.2 Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. 7.3 Obtain a permit for any work in the right-of-way prior to the construction, repair, or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.). Healthy Balance Pharmacy Drive-through – H-2018-0086 PAGE 12 C. Required Findings from Unified Development Code 1. CONDITIONAL USE PERMIT FINDINGS: In consideration of a conditional use permit, the decision-making body shall make the following findings: 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 pharmacy and drive-through use and development regulations of the C-G district (see Analysis Section VII, VIII & 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 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 complies with the conditions outlined in this report, the proposed use of the property should 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 properties 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 the proposed use will be served adequately by all of the public facilities and services as applicable. 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 generate additional traffic in the area but should not involve activities that will be detrimental to any persons, property or the general welfare of the area. Healthy Balance Pharmacy Drive-through – H-2018-0086 PAGE 13 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.