Loading...
HomeMy WebLinkAboutKathy Hinshaw CUP RECEIVED SEP 21 2004 City Of Meridian City Clerk Office STAFF SUMMARY OF PLANNING AND ZONING COMMISSION RECOMMENDA nON TO CITY COUNCIL Project Name: Aromatic Sensations Case No(s).: CUP-04-031 Applicant: Kathy Hinshaw P&Z Commission Hearing Date: September 2, 2004 Recommendation: Approve with conditions (all ayes, 1 absent) Summary of Public Hearing: . The applicant, Kathy Hinshaw, testified in favor of the application. She clarified the proposed use within the existing structure. . No members of the public testified on this matter. . Key issues of discussion and questioning by Commission included: . Parking for patrons and other businesses in Old Town. . The manufacturing of candles and the Fire Department's ability to serve this site. Key Commission AdditionslModifications to Staff Recommendation: . The Commission made no changes, additions, or modifications to the staff recommendation or conditions of approval. Outstanding Issues for City Council: . There is an associated variance application (V AR-04-005) for parking that must also be approved by the City Council in order for the submitted development plan to meet City Code. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR A CONDITIONAL USE PERMIT FOR A RETAIL USE IN ANO-T ZONE Case No. CUP-O4-031 RECOMMENDATION TO CITY COUNCIL KATHY HINSHAW, Applicant 1. The property is approximately 0.1 acres in size and is located on the north side of E. Pine Avenue, approximately 200-feet east of Main Street in downtown Meridian. 2. Tony and Kathleen Hinshaw are the current property owners and have submitted notarized consent for the subject application. 3. The Applicant is Kathy Hinshaw. 4. The subject property is currently zoned 0- T and consists of a single-family residence. The zoning district of 0- T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The Applicant requests the Conditional Use Permit for a retail gift shop in an O-T zone. The 0- T zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including the one requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL OF A RETAIL BUSINESS IN ANO-T ZONE BY KATHY HINSHAW -CUP-O4-031-Page 1 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) 1. This CUP approval shall be contingent upon the applicant obtaining a parking variance from the City Council (see V AR-O4-005). 2. Prior to obtaining occupancy, provide parking in accordance with the requirements of the City Council, as required with V AR-O4-005. All vehicular use areas shall be paved and striped in accordance with Meridian City Code. 3. Provide and maintain landscaping adjacent to Pine Avenue in accordance with MCC 12- 13-10. The standard established in the City of Meridian Landscape Ordinance for mitigation of existing trees (if removed from the site) will be followed. 4. The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12- I.C. 5. No signs are approved with this CUP. All signs will require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 6. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 7. All construction shall conform to the requirements of the Americans with Disabilities Act. 8. Sanitary sewer and water service shall be from the city of Meridian's existing systems adjacent to the site. Upgrading of existing service lines may be necessary to provide a level of service different from a residential use. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL OF A RETAIL BUSINESS IN AN O-T ZONE BY KATHY HINSHAW - CUP-O4-031 - Page 2 B. 9. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 10. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 11. The applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. In order to be consistent with previous Commission action regarding paving of the alley and the back up requirements, the developing site shall also benefit from the Commission action of November 20, 2002. 2. 3. The applicant shall not be required to pave the alley abutting the development site and to the nearest street. The applicant shall not be required to provide the required back-up space requirement. The applicant shall be required to repair any existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant shall be required to work with the Development staff to correct any deficiencies abutting the site on Pine Avenue. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL OF A RETAIL BUSINESS IN AN 0- T ZONE BY KATHY HINSHAW - CUP-O4-031 - Page 3 C. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the recommendations of the Meridian Fire Department as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL OF A RETAIL BUSINESS IN ANO-T ZONE BY KATHY HINSHAW - CUP-O4-031 -Page4 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with rITe hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. f. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. All driveways shall have a clear driving surface, available at all times, which is 20' wide. 5. Maintain a separation of 5' from the building to the dumpster enclosure. 6. All processes & storage practices shall be required to comply with the International Fire Code. 7. All portions of the buildings located on this project must be within 150' of a paved surface. D. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal. E. Adopt the recommendations of the Meridian Parks Department as follows: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL OF A RETAIL BUSINESS IN AN O-T ZONE BY KATHY HINSHAW -CUP-04-031 - Page 5