Z - Findings Healthy Balance Pharmacy H-2018-0086 CUPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2018-0086
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit to Construct a Drive-through Pharmacy
within 300’ of Another Drive-through in a C-G Zoning District, Located at 2424 E. Gala Court, by
Daniel Schwalbe.
Case No(s). H-2018-0086
For the Planning & Zoning Commission Hearing Date of: September 20, 2018 (Findings on October
4, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 20, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 20,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 20, 2018, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
Meridian City Council Meeting Agenda October 4, 2018 – Page 129 of 273
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2018-0086
Page 2
upon the applicant, the Planning Division, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of September 20, 2018, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission’s authority as provided in Meridian City Code § 11-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant’s request for conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of September 20, 2018, attached
as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting, the final plat must be
signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of September 20, 2018
Meridian City Council Meeting Agenda October 4, 2018 – Page 130 of 273
Baction of the Planning & Zoning Commission at its regular meeting held on the � � day of
S
, 2018.
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN
COMMISSIONER JESSICA PERREAULT, VICE CHAIRMAN
COMMISSIONER STEVEN YEARSLEY
COMMISSIONER GREGORY WILSON
COMMISSIONER LISA HOLLAND
COMMISSIONER WILLIAM CASSINELLI
COMMISSIONER RYAN FITZGERALD
Attest:
Jay C161es, City Clerk
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Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development De artment e Public Works Department and the City Attorney.
By: Dated:
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Ci erk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2018-0086
Page 3
EXHIBIT A
Healthy 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. The Meridian
Planning and Zoning Commission heard this item on September 20, 2018. At the public
hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Tyler Higgins (Property Owner)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key Issues of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. Whether a landscaping island is required adjacent to the parking on th south side of the
property and adjacent to the drive aisle.
d. Key Commission Changes to Staff Recommendation:
i. None
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.)
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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
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)
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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.
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.
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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
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.
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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
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 subject
application.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed CUP Site Plan (dated: August 2, 2018)
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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
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Exhibit A.1: Vicinity Map
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Exhibit A.2: Proposed CUP Site Plan (dated: August 2, 2018)
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Exhibit A.3: Proposed Landscape Plan (dated: June 21, 2018)
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Exhibit A.4: Proposed Building Elevations (dated: August 2, 2018)
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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).
2. PUBLIC WORKS DEPARTMENT
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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.).
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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.
The Commission 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.
The Commission 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.
The Commission 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.
The Commission 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.
The Commission 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. The
Commission 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.
The Commission 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.
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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.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the Commission finds that the proposed use will
not result in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.
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