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HomeMy WebLinkAboutKathy Hinshaw CUP CUP 04-031 September 2. 2004 MERIDIAN PLANNING & ZONING MEETING APPLICANT Kathy Hinshaw ITEM NO. 6 REQUEST Public Hearing - Conditional Use Permit for a retail candle and gift shop in an O-T zone for Kathy Hinshaw (Aromatic Sensations) - 128 East Pine AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Staff Comments CITY SEWER DEPT: CITY PARKS DEPT: No Comment No Comment Nt 0 m V\tttj\ ¡}J ~rýOVoJJ ~ vi c.) ~/D CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOl DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: .5Le... ~~ ~O WI ~ NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: OTHER: Contacted: Emailed: MaI8IiaIs p-nled at public mee6ngalhall become properiy of the CIty of Meridian. CITY COUNCIL MEMBERS Keith Bird William L.M. Na!)' Shaun Wardle Charles M. Rountree Dlfe;;d¡trn j MAYOR Tammy de Weerd CITY HALL (208) 888-4433 ~ Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 ~Fax 898-9551 IDAHO LEGAL DEPARTMENT (208) 466-9272 ~ FAX 466-4405 MEMORANDUM: Transmittal Date: August 27,2004 P & Z Hearing Date: September 2, 2004 To: Mayor, City Council and Planning & Zoning Commission From: Craig Hood, Associate City Planner (In Bruce Freckleton, Senior Engineering Tech~ Aromatic Sensations Conditional Use Permit RECEIVED AUG 27 2004 Re: City Of Meridian City Clerk Office . Request for a Conditional Use Permit (CUP) to operate a retail candle and gift shop at 128 E. Pine Avenue, in an O-T zone, by Kathy Hinshaw (File No. CUP-04-031). We have reviewed the aforementioned application and now offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Kathy Hinshaw has requested Conditional Use Permit (CUP) approval to operate a retail candle and gift shop at 128 E. Pine Avenue. The applicant is proposing to convert an existing 924 square foot home, on a D.I-acre parcel, into a retail business. The subject site is located on the north side of Pine Avenue, approximately 200-feet east of Main Street in the O-T (Old Town) zone. The submitted site plan proposed only one (I) on-site parking stall for the requested retail use (one van accessible handicap parking stall located in the driveway off of the alley). Other than the one handicapped parking space, this parking arrangement does not provide for any on site customer parking. Issues related to parking are discussed in detail on page two (2) of this report. LOCATION The subject property is located at 128 E. Pine Avenue, within Section 7, Township 3 North, Range 1 East. CUP-04-O31 Aromatic Sensations CUP .doc SURROUNDING PROPERTIES North: Alley; Single-family homes, zoned 0- T South: Single-family homes; Retail business; City parking lot, zoned 0- T West: Retail business, zoned O-T East: High Desert Construction office, zoned O-T CURRENT OWNERS OF RECORD Tony and Kathleen Hinshaw are the current owners of the subject property and Kathy Hinshaw has submitted an affidavit of legal interest for the application. pertaining to the property. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall frod evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Parking: As mentioned in the summary above, the submitted site plan only depicts one on-site parking stall. MCC 1I-13-S.B.2 requires retail uses to provide Ion-site parking space for every 200 square feet of building (gross). Per this requirement, the applicant would be required to provide five (S) parking stalls (924 s.fbuilding/200 = 4.62 stalls) on the property. MCC 1I-13-3.A requires off-street parking facilities to be designed with appropriate means of vehicular access to a street or alley, in a manner which will least interfere with traffic movement. MCC l1-13-4.D requires all off-street parking areas to be paved. MCC 11-13-3 requires parking spaces to be within 300-feet of the use served. MCC 11-13-4.F requires parallel parking stalls to be 9-feet wide .and 23-feet long. The applicant is proposing to utilize the existing covered, IS-foot wide by 19-foot long, concrete slab for the on-site parking stall. Further, the applicant is proposing to pave a driveway, from the alley to the stall. There are approximately 40-feet from the back of the parking stall to the alley. The driveway to the parking stall is approximately 17-feet wide. For one parking stall this design the minimum requirements for paving, back-up area, and should have no more interference with traffic movement than any other property taking access to the alley. With the amount of frontage this site has on Pine Avenue (46-feet), the City would recognize two (cars) being able to park in front of this site (see MCC 1I-I3-4.F). Further, all of the parking stalls within the City parking lot, on the south side of Pine Avenue, are within 300-feet of the proposed use. Staff recognizes that most parcels located in the 0- T district were not originally platted anticipating retail uses in the future. In fact, when the subject properties on this side of Pine Street were originally configured, in 1901 with F.A. Nourse's First Addition to Meridian, the lots were 30-feet wide and 120-feet deep. These dimensions are not very conducive to providing off-street parking for non-residential uses. The applicant has submitted a variance application seeking to alter the City's established parking standards CUP-O4-031 Aromatic Sensations CUP.doc (V AR-04-005). NOTE: MCC 11-18 does not require Commission action and will be heard by the City Council on the same agenda as the subject CUP application. On January 28, 2003, the City Council approved a Conditional Use Permit (CUP-02- 033) application and concurrent Variance (V AR-02-016) application for a retail use directly to the west of the subject property (124 E. Pine Avenue). The above-mentioned applications requested CUP approve to convert the existing home into a retail business, and a variance to provide only two (2) on-site parking stalls for the retail use. Staff is recommending approval of a parking variance for the following reasons (City Council and Mayor please see V AR-04-005 for more detailed findings): . The City has a surface parking lot in this block of Pine Street, on the south side of the street that patrons may be able to use, . Pine Street does currently allow on-street parking in this area, . This site has constraints on the alley side that would make adding additional parking in the rear very difficult, . Staff does not anticipate that this will be a high volume retail business. ACHD anticipates that this business will generate forty-one (41) vehicle trips per day (see ACHD staff report), and . Requiring the applicant to provide five (5) parking stalls on-site would be detrimental to the atmosphere of Old Town as set forth in the Comprehensive Plan and the Downtown Marketing Strategy. See Site Specific Conditions #1 and #2 below. Landscaping: The existing building is sandwiched between two other commercial uses. Therefore, landscaping to the east and west are not required by City Ordinance. MCC 12-13-10-4 requires a 20-foot wide landscape buffer along Pine Avenue. Within this landscape buffer, MCC 12-13-10-6 requires one (I) tree to be planted for every 35-feet of street frontage. This site has 46- feet of frontage on Pine A venue. The existing building is set back approximately 30-feet from Pine Avenue, allowing plenty of room to provide the required buffer width and materials (I tree and vegetative groundcover). There are two (2) existing, approximately 2-inch caliper trees, located within the required street buffer (front yard) adjacent to Pine Avenue. These trees should be retained. See Site Specific Condition #2 below. Staff fmds that the subject property is large enough to accommodate all required setbacks (yards), open spaces, landscaping and other features required by the ordinance. The Commission and Council should relv on the applicant's testimonv at the public hearing. staffs analvsis. and established parking standards outlined in MCC 11-13-5 to determine if the site is large enough to provide adeQuate parking for a retail business. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Comprehensive Plan Future Land Use Map designates the property as "Old Town" and is currently zoned 0- T. Staff finds that the requested use is consistent with the Future Land Use Map and the goals, objectives, and action items of the Comprehensive CUP-O4-031 Aromatic Sensations CUP.doc Plan. If approved as a CUP, staff finds that the project will be in compliance with the requirements established by ordinance. 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 the proposed retail use will not change the existing or intended character of the general vicinity, and that the design, operation, and maintenance should be compatible with other uses in the Old Town neighborhood. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staff's analysis, when determining if the proposed use will adversely change the 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 conversion of a residence to a retail use increases the need for parking in the area. Parking demand has the potential to affect other property owners and business in the area. However, staff does not anticipate that this site will be a significant parking generator. Therefore, staff does not anticipate that the proposed use will have any adverse effect on nearby properties. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staff's analysis, when determining if the proposed use will adversely affect other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; All essential public facilities and City services listed above currently serve this site. Upgrading may be necessary to provide a level of service different from a residential use. On August 13, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the subject property can be served adequately by all essential public facilities and City services. CUP-O4-O3I Aromatic Sensations CUP.doc 4 F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; As noted in the finding above, all public facilities and services are currently provided to this site. All required site improvements will be funded and constructed by the applicant/developer. Staff finds that the proposed use will not be detrimental to the economic welfare of the community, nor will the use create the need for any new facilities or services to be paid for by the public. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that a retail use will create additional traffic on the adjacent roads. Further, the parking and maneuvering of cars and pedestrians may generate additional noise for surrounding properties. However, staff does not believe that the additional noise should be excessive. Staff finds 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Access to the site is currently provided from the alley. No new access points are being requested to the alley with this application. ACHD is not requiring the applicant to improve (pave) the alley abutting the site and to the nearest street. The applicant is also not being required to provide the required back-up space into the alley by ACHD (see ACHD staff report). ACHD has granted waivers of these requirements in the past for other developments in this area due to encroachments of power poles, buildings, and fences in the adjacent alley. Because ACHD is not requiring the applicant to pave the alley, and other uses in this block have not been required to pave the alley, staff is supportive of this waiver. If parking is designed in conformance with the City's requirements, and the applicant complies with all of ACHD's requirements, staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets or alleys. I. 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 is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing the proposed use to operate on this site. SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) CUP-O4-031 Aromatic Sensations CUP.doc 1. 2. 3. 4. 5. 6. 7. This CUP approval shall be contingent upon the applicant obtaining a parking variance from the City Council (see V AR-O4-005). Prior to obtaining occupancy, provide parking in accordance with the requirements of the City Council, as required with V AR-04-005. All vehicular use areas shall be paved and striped in accordance with Meridian City Code. 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. 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. 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. 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). 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. 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. OTHER AGENCYIDEPARTMENT COMMENTS/CONDITIONS CUP-04-OJl Aromatic Sensations CUP.doc 6 MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," 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 fITe 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' ftom 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. SANITARY SERVICE COMPANY 1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal. MERIDIAN PARKS DEPARTMENT 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. RECOMMENDA nON Staff recommends approval of the submitted Conditional Use (CUP-O4-031) application with the conditions listed herein, subject to City Council approval of V AR-O4-005. CUP-O4-O31 Aromatic Sensations CUP.doc 7 Augu5t 30, 2004 RECEIVED AUG : ú 2004 CITY OF MERIDIAN CITY CLERK OFFICF Dear Mr. Berg, Meridian City Clerk I Kathy Hin5haw have reviewed the aforementioned application for a reque5t for a Conditional U5e Permit to operate a retail candle and gift; 5hop at 128 E. Pine Ave. (Fiie No. CUP-04-031). I will comply with all Meridian City code5, ordinance5, and any condition5 given to me, unle55 modified or or deleted by the M/¡Jl'idian City Councii. I have attached a coPy of the application. MAYOR Tammy de Weerd CITY HALL (208) 888-4433 ~ Fax 88; PUBLIC WORKS BUILDING DEPARTM (208) 887-2211 ~ Fax 89¡ CITY COUNCIL MEMBERS Keith Bird William L.M. Na¡y Shaun Wardle Charles M. Rountree LEGALDEPARTMEJ (208) 466-9272 ~ FAX 46 MEMORANDUM: Transmittal Date: August 27, 2004 P & Z Hearing Date: September 2, 2004 To: Mayor, City Council and Planning & Zoning Commission From: Craig Hood, Associate City Planner Bruce Freckleton, Senior Engineering Tech Re: Aromatic Sensations Conditional Use Permit . Request for a Conditional Use Permit (CUP) to operate a retail candle and gift shop at 128 E. Pine Avenue, in an O-T zone, by Kathy Hinshaw (File No. CUP-O4-031). We have reviewed the aforementioned application and now offer the following comments, as conditions of approvaL These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Kathy Hinshaw has requested Conditional Use Permit (CUP) approval to operate a retail candle and gift shop at 128 E. Pine Avenue. The applicant is proposing to convert an existing 924 square foot home, on a O.I-acre parcel, into a retail business. The subject site is located on the north side of Pine Avenue, approximately 200-feet east of Main Street in the 0- T (Old Town) zone. The submitted site plan proposed only one (1) on-site parking stall for the requested retail use (one van accessible handicap parking stall located in the driveway off of the alley). Other than the one handicapped parking space, this parking arrangement does not provide for any on site customer parking. Issues related to parking are discussed in detail on page two (2) of this report. LOCATION The subject property is located at 128 E. Pine Avenue, within Section 7, Township 3 North, Range 1 East. SURROUNDING PROPERTIES North: Alley; Single-family homes, zoned 0- T South: Single-family homes; Retail business; City parking lot, zoned 0- T West: Retail business, zoned O-T Hinshaw has submitted an affidavit of legal interest for the application pertaining to the property. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Parking: As mentioned in the summary above, the submitted site plan only depicts one on-site parking stall. MCC 1I-13-5.B.2 requires retail uses to provide I on- site parking space for every 200 square feet of building (gross). Per this requirement, the applicant would be required to provide five (5) parking stalls (924 s.fbuilding/200 = 4.62 stalls) on the property. MCC 1I-13-3.A requires off- street parking facilities to be designed with appropriate means of vehicular access to a street or alley, in a manner which will least interfere with traffic movement. MCC 1I-13-4.D requires all off-street parking areas to be paved. MCC 11-13-3 requires parking spaces to be within 300-feet of the use served. MCC 1I-13-4.F requires parallel parking stalls to be 9-feet wide and 23-feet long. The applicant is proposing to utilize the existing covered, 15-foot wide by 19-foot long, concrete slab for the on-site parking stall. Further, the applicant is proposing to pave a driveway, from the alley to the stall. There are approximately 40-feet from the back of the parking stall to the alley. The driveway to the parking stall is approximately 17-feet wide. For one parking stall this design the minimum requirements for paving, back-up area, and should have no more interference with traffic movement than any other property taking access to the alley. With the amount of frontage this site has on Pine Avenue (46-feet), the City would recognize two (cars) being able to park in front of this site (see MCC 1I-13-4.F). Further, all of the parking stalls within the City parking lot, on the south side of Pine Avenue, are within 300-feet of the proposed use. Staff recognizes that most parcels located in the 0- T district were not originally platted anticipating retail uses in the future. In fact, when the subject properties on this side of Pine Street were originally configured, in 1901 with F.A. Nourse's First Addition to Meridian, the lots were 30-feet wide and 120-feet deep. These dimensions are not very conducive to providing off-street parking for non- residential uses. The applicant has submitted a variance application seeking to alter the City's established parking standards (VAR-04-005). NOTE: MCC 11-18 does not require Commission action and will be heard by the City Council on the same agenda as the subject CUP application. On January 28, 2003, the City Council approved a Conditional Use Permit (CUP- 02-033) application and concurrent Variance (V AR-02-016) application for a retail use directly to the west of the subject property (124 E. Pine Avenue). The above-mentioned applications requested CUP approve to convert the existing home into a retail business, and a variance to provide only two (2) on-site parking stalls for the retail use. Staff is recommending approval ofa parking variance for the following reasons (City Council and Mayor please see V AR-04-005 for more detailed findings): 1 The City has a surface parking lot in this block of Pine Street, on the south side of the street that patrons may be able to use, 2 Pine Street does currently allow on-street parking in this area, 3 This site has constraints on the alley side that would make adding additional parking in the rear very difficult, 4 Staff does not anticipate that this will be a high volume retail business. ACHD anticipates that this business will generate forty-one (41) vehicle trips per day (see ACHD staff report), and 5 Requiring the applicant to provide five (5) parking stalls on-site would be detrimental to the atmosphere of Old Town as set forth in the Comprehensive Plan and the Downtown Marketing Strategy. See Site Specific Conditions #1 and #2 below. Landscaping; The existing building is sandwiched between two other commercial uses. Therefore, landscaping to the east and west are not required by City Ordinance. MCC 12-13-10-4 requires a 20-foot wide landscape buffer along Pine Avenue. Within this landscape buffer, MCC 12-13-10-6 requires one (1) tree to be planted for every 35-feet of street ftontage. This site has 46-feet offtontage on Pine Avenue. The existing building is set back approximately 30-feet ftom Pine Avenue, allowing plenty of room to provide the required buffer width and materials (1 tree and vegetative groundcover). There are two (2) existing, approximately 2-inch caliper trees, located within the required street buffer (ftont yard) adjacent to Pine Avenue. These trees should be retained. See Site Specific Condition #2 below. Staff finds that the subject property is large enough to accommodate all required setbacks (yards), open spaces, landscaping and other features required by the ordinance. The Commission and Council should rely on the applicant's testimonv at the public hearing. staff's analvsis. and established parking standards outlined in MCC 11-13-5 to determine if the site is large enough to provide adequate parking for a retail business. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Comprehensive Plan Future Land Use Map designates the property as "Old Town" and is currently zoned a-To Stafffmds that the requested use is consistent with the Future Land Use Map and the goals, objectives, and action items of the Comprehensive Plan. If approved as a CUP, staff finds that the project will be in compliance with the requirements established by ordinance. 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 the proposed retail use will not change the existing or intended character of the general vicinity, and that the design, operation, and maintenance should be compatible with other uses in the Old Town neighborhood. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as stafl's analysis, when determining if the proposed use will adversely change the character of the area. D. That the proposed use, if it complies with aU conditions of the approval imposed, will not adversely affect other property in the vicinity; The conversion of a residence to a retail use increases the need for parking in the area. Parking demand has the potential to affect other property owners and business in the area. However, staff does not anticipate that this site will be a significant parking generator. Therefore, staff does not anticipate that the proposed use will have any adverse effect on nearby properties. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staff's analysis, when determining if the proposed use will adversely affect other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; All essential public facilities and City services listed above currently serve this site. Upgrading may be necessary to provide a level of service different from a residential use. On August 13,2004, ajoint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Stafffinds that the subject property can be served adequately by all essential public facilities and City services. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; As noted in the finding above, all public facilities and services are currently provided to this site. All required site improvements will be funded and constructed by the applicant/developer. Staff finds that the proposed use will not be detrimental to the economic welfare of the community, nor will the use create the need for any new facilities or services to be paid for by the public. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that a retail use will create additional traffic on the adjacent roads. Further, the parking and maneuvering of cars and pedestrians may generate additional noise for sUITOunding properties. However, staff does not believe that the additional noise should be excessive. Staff finds 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Access to the site is currently provided from the alley. No new access points are being requested to the alley with this application. ACHD is not requiring the applicant to improve (pave) the alley abutting the site and to the nearest street. The applicant is also not being required to provide the required back-up space into the alley by ACHD (see ACHD staff report). ACHD has granted waivers of these requirements in the past for other developments in this area due to encroachments of power poles, buildings, and fences in the adjacent alley. Because ACHD is not requiring the applicant to pave the alley, and other uses in this block have not been required to pave the alley, staifis supportive of this waiver. If parking is designed in conformance with the City's requirements, and the applicant complies with all of ACHD's requirements, staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets or alleys. I. 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 is not aware of any natural or scenic feature(s) that would be lost, danJaged or destroyed by allowing the proposed use to operate on this site. SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) 1. This CUP approval shall be contingent upon the applicant obtaining a parking variance :!Tom the City Council (see V AR-04-005). 2. Prior to obtaining occupancy, provide parking in accordance with the requirements of the City Council, as required with V AR-04-005. All vehicular use areas shall be paved and striped in accordance with Meridian City Code. 3. Provide and maintain landscaping adjacent to Pine A venue 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 ll-I2-1.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) :!Tom 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 ofservice different :!Tom a residential use. 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. OTHER AGENCYIDEP ARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT I. Acceptance~fthe water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 1 0'. b. c. d. 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 of5' 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. SANITARY SERVICE COMPANY 1. Please contact ~ll Gregory at SSC (888-3999) for detailed review of your proposal. MERIDIAN PARKS DEPARTMENT 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. RECOMMENDA nON Staff recommends approval ofthe submitted Conditional Use (CUP-O4-03I) application with the conditions listed herein, subject to City Council approval of V AR-O4-005. '. ""~-iIIo -A'8'" Ada County Highway District John S. Franden, President David E. Wynkoop 1st Vice President Susan S. Eastlake, 2nd Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner 3775 N. Adams Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us August 26, 2004 RECEIVED AUG 30 2004 To: Kathy & Tony Hinshaw 2497 North Old Stone Way Meridian, Idaho 83642 City of Meridian City Clerk Office Subject: MCUP04-031 Aromatic Scentsations Boutique a retail candle and gift shop 128 East Pine Avenue On August 24, 2004, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6171. Sincerely, ~eJ..'fk.wilrn ~o~INewton Development Analyst Right-of-way & Development Services Planning Division CC: Project file, Construction Services, Drainage, Utilities City of Meridian .....;<~¡"', . ø. Ada County Highway District Right-of Way & Development Department Planning Review Division This application does not require Commission action and is approved at the staff level on Tuesday, August 24, 2004. Tech Review for this item was held with the applicant on Friday, August 19, 2004. Please refer to the attachment for appeal guidelines. Staff Contact: Joyce Newton: Phone 208-387-6171, Fax 208-387-6393 and E-mailjnewton@achd.ada.id.us File Numbers: MCUPO4-031/Retail candle and gift shop Site address: 128 East Pine Avenue Owner/Applicant: Kathy and Tony Hinshaw 2497 North Old Stone Way Meridian, Idaho 83642 Application Information: This application was transmitted to Ada County Highway District by the City of Meridian for review and comment. The Ada County Highway District (ACHD) staff received the above referenced application requesting conditional use approval to convert a single-family residence to a retail candle and gift shop. The site is located on the north side of Pine Avenue between Main Street and 2nd Street. Acreage: Current Zoning: Existing Use: Proposed Use: 0.10-acres aT (Old Town) Single-Family Residential Retail Candle and Gift Shop Vicinity Map MCO.....311128....""'_.. C._"_d_.". _""'._dO'O.hop _L-- i i~_L~__i -----nAIL -----.-, ~--- I A. 2. 3. 4. Findings of Fact 1. Trip Generation: This development is estimated to generate 31 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation Manual. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. Impact fees are based on the impact fee ordinance that is in effect at the time of the issuance for a building permit. The impact fee for this project will be calculated at the time the applicant provides verification of the square foot of the residence. Traffic Impact Study: This proposed development is estimated to generate le.ss than 1,OOO-trips per day therefore a traffic impact study was not required with this application. Site Information: The site is located on the north side of Pine Avenue; mixed in with a combination of single-family residential and commercial uses. The single-family residence is located facing Pine Avenue. There is curb, gutter and sidewalk fronting the property. The sidewalk is in poor condition. There is a building located at the rear of the property. The building has frontage on a one-way alley to the west. The ailey is narrow (approximately 16-feet) and is not paved. There are a number of encroachments including power poles and several buildings. 5. Description of Adjacent Surrounding Area including Zoning: a. North: Single-Family Residential/Commercial/OT b. South: Single-Family Residential/Commercial/OT c. East: Single-Family Residential/Commercial/OT d. West: Single-Family Residential/Commercial/OT 6. Impacted Roadways Pine Avenue: Frontage: 46-feet Functional Street Classification: Collector Traffic count: East of Main Street was 4,808 on 4-8-03 Level of Service: Better than "C" Speed limit: 25-mph An acceptable Level of SelVice for this segment of roadway is "0" or 9,500 vehicle trips per day based on the adopted COMPASS standards. One-wav Allev to the west: Frontage: Approximately 17-feet 7. Roadway Improvements Adjacent To and Near the Site Pine Avenue is a collector roadway with two travel lanes, curb, gutter and sidewalk. There is "on street" parking. The sidewalk is in poor condition. The alley is approximately 16-feet in width with a number of encroachments such as power poles and a number of accessory buildings. The alley is a one way to the west and is not paved. 8. Existing Right-of-Way Pine Avenue is a collector roadway with 80-feet of right-of-way (40-feet from centerline). The alley has 16-feet of right-of-way (8-feet from centerline). 2 9. .' 12. Existing Access to the Site The site is alley loaded, including additional "on street" parking abutting the frontage on Pine Avenue. 10. Capital Improvements Plan/Five-Year Work Program Pine Avenue is not programmed into the District's current Capital Improvements Plan or Five Year Work Program for reconstruction or any roadway improvements in this location. Pine Avenue is a collector roadway therefore is not eligible to be programmed into the Capital Improvements Plan or the Five Year Work Program. 11. Site History District staff has not reviewed this site as an application or prepared a report in the past year. Other Development in Area On November 20, 2002, the Ada County Highway District Commission acted on MCUP02-033 for a used clothing and toy store. This application required Commission action because the applicant was requesting a waiver of District policy 7204.10 that requires the applicant to pave the alley abutting the site and to the nearest street. Included below is the actual wording of the Staff report that was presented to the Commission on November 20, 2002. Request tor Waiver of Policy: The applicant requested a waiver of the requirement to pave the existing alley on the north side of the property. The applicant stated that the excavation costs would be too much to proceed with the project that little traffic from this use will use the alley and there is a city parking lot directly across the street, which customers will use. The applicant is also requested a modification to the requirement to have 22-feet of back-up space for perpendicular parking. The request was based on the location of the existing structures across the alley. Staffs Recommendation: Since there is a city parking lot across Pine Street that the patrons of the business can use, and there is only employee and handicap parking off the alley, which will generate very few trips, staff recommended a waiver of the policy to pave the existing alley to Main Street. Due to the location of the structures on the alley on the north side of the site and the low traffic volumes on the alley, staff recommended a modification to the back-up space requirement as well. 13. Commuteride Transportation Management Association (TMA) or Transportation Management Organization (TMO) . In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. B. Findings for Consideration 1. Right-of-Way Pine Avenue: District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B). This right-of-way width allows for the construction of a 3-lane roadway with curb, gutter, 5-foot wide detached sidewalks and bike lanes. Pine Avenue is a collector roadway with two-travel lanes, curb, gutter and sidewalk within aD-feet of existing right-or-way. Pine Avenue not programmed into the District's current Capital Improvements Plan or the Five- Year Work Program tor reconstruction or any roadway improvements- The applicant should not be required to dedicate additional right-or-way with this development. This is consistent with previous action regarding developments that have roadway improvements existing. 3 2. Street Sections Pine Avenue: District poiicy 72-F1 B requires collector roadways to be constructed as a 46-foot street section with vertical curb, gutter and 5-foot detached (or 7-foot attached) concrete sidewalk within 70- feet of right-of-way with parking prohibited on both sides. 3. Minor Improvements Pine Avenue: District policy 7203.6 requires the applicant of a proposed development to make improvements to 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 should 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 should be required to work with the Development staff to correct any deficiencies abutting the site. 4. Right-ot-Way AIIev: District policy 7204.10.1 requires the dedication of additional right-of-way to obtain a minimum width from the centerline of the alley of 8-feet for single-family residential uses and 1 O-feet for all other uses. The District on a case-by-case basis will review dedication of additional right-of-way for the alley. The dedication of additional right-of-way will generally be required where it can be reasonably anticipated that other adjoining or nearby developments will also allow future dedications. The applicant should not be required to dedicate any additional right-of-way with this application. District Policy 7204.10.1 states if the proposed development is not a single-family detached residence and it takes access from an alley, the developer will be required to pave the entire width of the right- of-way from the nearest public street to and abutting the development. Access is allowed to and from a fully improved alley (District policy 7204.10.2). Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet from the nearest public street. District Policy 7204.10.3 states a minimum of back-of-curb radius of 15-feet is required at all alley intersections. For the reconstruction of existing alleys, the back-of-curb radius may be less than 15- feet when it is impractical to remove existing o.bstructions. Typically, the District would require the reconstruction of the existing alley intersection with 3th Street with curb radii. However, because the applicant does not own property on the opposite side of the alley the District is not requiring the applicant to put in curb radii. In addition to that, constructing curb radii on only one side of the alley creates drainage problems. Parking in alley is not allowed (District policy 7204.10.3). 4 C. 1. 2. Site Specific Conditions of Approval 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. 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. 3. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 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 of Idaho 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. 5 10. 11. 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. 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. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. 2. 3. Vicinity Map Site Plan Appeal Guidelines 6 . Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDSManager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an elTor of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee:. The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing ofa written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appeaied, as such action is adequately supported by the law and evidence presented at the hearing. 7 IN +~ 5 ~ All ~ UJCu..¡ ~- e.r~ $",,0>11 ""'- "ush.. ,~t'J 1 331 1 shroL. \:.\.15ìÞ~(... ~ 1L,/q" ~ (,y""d 9,:;; ~tL ïf.;k,¡ j, %.' .~ 21,,' 2-" i '. ¡jO' , " ~$ i ID'I'I ~. ! COlII!ttd. . Co"u..... ?W1~".5 1-IC<riðJ..'~p '1'<>194') (;,w;s 12J £. Pine.A,ve. ; SI I~ I f.- q~ sf. ~ ~ <:J .c (Î . uJl \)a N -., ;¡ " ~ ~ "'k ((~ ~~ 'l""'P"'- b,\shes Vblas ~-_... Cm..s~ ~siQ,Þo'QJI:. ~s 5id.umIIC I ~ , ~ ",( """'.'. I' ~ AII~ Lùltlj ~- fOwerC;,¿ S"'<dl I' ~.s ,~O 1 l(g,q" ~ (,v/Á\'tJ ~¡~'<1~ J, i I CþVtIW. . &n<.ni.. ?WI,'¡11j H~..f~j.' 1"','1I;o'J 33' L shed;. '1-<.' ..~ 21.' 2-" 1301 &..s; 12-~ £. Pine AYe. i ; 5' I~ I F<Nto 9~sr. w }L 5 \c.\~'JL- ~ i ID4'1 ~. ! Gm.s. brass G'(I<vi~ ~sidto>oJlc. ~s "';,.j..._"" ~ -~ :15' > Ç: ~ . . c-- è:: ~ ~ <:oJ .c (l . uJf \)c N -., ;¡ i! ~ a '"", :/""'P"'- b"She¡ 'Violas . e. "-""""""," "'r HJ . 3!JOId vS898888Øë: Rug 23 04 12:25p Ton~ , Ka~h~ Hinsha~ .A-Hn: ~ ~ ~¿ dD,64 Qmdftvi t h6Y 3tð~ ~"bÍ71J 9- ~ 9f/rrsf!CwJ hClu(. pt:h~ Q ê7181v 0J1C;C Úld..t7it':YL ð.. fð1~~ rlfl ~ 4-Iu- ~ cSb ~'V1~' ~ p~ C- ~Df) LL r ~ . YOJlio.A(!.L. ~ 6uP IJV Jdl E. {J¡'ne.l1ve. ~ YYìe¥¡~ I Th. ~ ntUJh'1J to S~ tf7 ~ ~4: ~ :~~1~~iflt2tS 1)~'~ (j I:J JŒ.'fh~ H}¡$h{ik) 887-&305 v0:E, ; v0, EO:: mOl pol AUG 2 4 2004 ' ;oo~ }[Ja1J <!:l' ;J .. . .Ld!1a Z'ii'd NVIŒnI!!1'! tsS9SSSSOZ XI/d c~: n ~OOZ¡CZ/90 RECEI CITY OF MERIDIAN ç'-'"J " ' " "..., ";'"- PUBLIC HEARING Cjn'OFW- SIGN-UP SHEET aJY C1F:t':~, DATE September 2, 2004 ITEM # 6 PROJECT NUMBER CUP 04-031 PROJECT NAME Kathy Hinshaw NAME (PLEASE PRINT) FOR AGAINST NEUTRAL - VEL"") ) , 0 ( ER¡lmAJ I {';~r.i{-;: