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HomeMy WebLinkAboutMedicap Pharmacy CUP 04-020 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for a Conditional Use Permit for a Pharmacy with a Drive- Through in an L-O Zone for Medicap Pharmacy Case No(s). CUP-04-020 For the City Council Hearing Date of: September 14,2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 14, 2004 public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Those that testified at the public hearing included: b. i. In favor - Larry Knopp ii. In opposition - none iii. Commenting - none iv. Staff - Anna Canning c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER r.A~" N()(~\ rTTP-Od..o?O - PAl'." 1 3. Application and Property Facts In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Oakwood Enterprises, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D for the findings required for the application. B. Conclusions of Law I. 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 (IC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received ITom 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 Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A; the Site Plan dated July, 2004 and revised 9/8/04 and Landscape Plan dated July, 2004 and revised 8/2/04 as shown in Exhibit B; and the Conditions of Approval in Exhibit C. 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 City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan dated July 2004 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER r.A~" N()(~\ rTTV..od..o?O - VA""'? 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. Exhibits Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description Approved Site Plan Modified Conditions of Approval (in underline and strikeout form per City Council action) Conditional Use Permit Findings By action of the City Council at its regular meeting held on the I/¿.fv~ ,2004. 51!:> day of COUNCILMAN SHAUN WARDLE VOTED~ CITY OF MERIDIAN FINDINGS OF FACT,CONCLUS!ONS OF LAW AND DECISION & ORDER rA~" NO(~\ rTTI'-Od..o?O - PA"'" 1 -€6oNCiLlVlAN HiLL NAKY YOTI:Ð COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED ---þ COUNCILMAN KEIrn BIRD MAYORTAMMYdeWEERD (TIE BREAKER) VOTED --- Attest: and City Attorney. ByJ1ha~ ~LoW City Clerk Dated: lo-\~-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER rA~" N()(~\ rITI'-Od..o?O - VA"'" d EXHIBIT A An lbol e""'in real property si.....d in Section 2, Township J North, Range 1 Wesr, Boise Meridim, Ada CoUOlY, Idaho, described as follows: A portioo of the W"t bolfofthe East balforthe SouthW'"Quaner, beioga ponionofP....el lof rcccml orSurvey No. 3916, filed" ¡""""'enINo. 97047432, datediune 16, 1997, ofAda County Record. ñutber described as follow" Conuneoeing al 0 found b..... cap momønent marlciøg the Southweslcomer orSect!on 2/iom whicba found bra.. cop monum.., marking the _comer ofSoclions 2 md II, bean South 88 degrees 38'31" EaJI, 2,653,49 feet; thence South B8 degrees 38'31" Eu~ 1,326.75 feetto a..t SIB inch iroo pin wilb cap stamped "G.A. Lee, PEILS 3260. morking the W'" 1/16coroermd theSoutheasleomer of Sunburst Subdivisioo No.2 a filed in Book 60 ofPlals at ~e 5894, Ada Couoly, recorda; Ibenee along Ihe W", 1/16 line and Easl boundary line of"idSunburst Subdivision No.2 Nnnh 00 degree 17'24" Ea.~ 45.00 fe.,.. a set 518 inch iron pin witb cap stamped "GA Lee, PEiLS 3260" marking Ibe Southwest comer orPa..el 1 on the Norlh righl otway ofWesl Cheny Lane and the Reat PoInl of Beglnniog; thence conlinuing along said We.. 1/16 line and East boundary line of Suobu,,' Subdiviaion No.2, North oodcgM l7'24"eas~ 842.01 fe.,.. a setSlB inch iron pin with cap stamped "O,A. Lee, PEILS 3260" markina 'be No!1hwestcomerofsaid Pan:all; thence South 89 degre.. 42'36" East, 414.65 feet 10 a set 5/S inch iron pin with cap stamped "O.A. Lee, PEJLS 3260" marking the North...t comer of said Parcel I on the Weslboundaly line or Sunny Brook Fa"", No.2 as filed in Book 46 of PIa".. Page 3768, Ada Couoty records; thence along the W"'boondary line of said Sunny Brook Fa"", No.2, Soulb 00 degreel?'24" W"" 149.9() fecI 10 a found 5/8 inch iron pin wilh cap stampad "i.U-B" a' the Southwest comer ofsaid Sunny Brook Farms No.2; Ihenee along ,he Wes, boundary lin, of Sunny Brook Farms No.] as filed il1 Book 44 or Pia" at Page 3609. Soutb 00 degree 17'24" Wes, 699.84 feet 10 0..,518 ioeh iroo pin with stamped "G.A. Lee, PEILS 3260" marking Ibe South..., ,omerorsaid Pa..el Ion the North rigbtofway of West Cherry Lane; Ibene, along th, Norlh ngbl of way of We.. Cherry LoDe Nonh 88 degre.. 38'31" West, 414,73 fe.,1o 'he Southwe.. comer of said Pa..ell and "'" Real Point or Beginning. Less and excepting the..&orn the foUowiD ! described prop,rty: The North S43 feetofPa..ell ofRccord of Survey No. 3916,rocorded iune 16, 1997.. Instrument No. 97047432, said Parcell beiO8. ponion oflbe We" half of the Southeast Quanor oflbe SoutbweSt Quarter of See lion 2, Township 3 North, Raoge I We", of the Boise Meridian. Ad, CouDly Idabo. Also I... sod excepting the foUo.,;ns d"cn'bed property: All th" c""'in real _ny '¡lUated in S<ction 2, Township 3 North, Range J We", Boise Meridian, Ado Couoty. Idaho, described os follows: A ponioo oflbe Wesl halfor"", es"holfofthe Southwest Quaner lying South Dfthe foUowing described Hno: ~ii1nningDt tbe SouthwesJ,~rofParcell of Record of~o"'ey No. 3016 recorded II IMtrume.. No. 97047432, &aid comer also being the R.sl Point of Beglnnlog of said line, thene, Soulh 88 deBr... 38'38" East 4/4.17 fecito lbe South..., comer of Parcel I, said comer being the Po'" ofTennlnUJofsaid line. ' ~\,)t 13 f~c,.s. I. !:xhbì+ ~ PAC:>~ 2- EXHffiIT C The City Council of the City of Meridian hereby approves the requested 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, with a comment ITom the Commission that many of the required conditions have been addressed in the site/landscape plan provided by the applicant with a revision date of August 2, '04, received by the city clerk August 5, 2004: PLANNING & ZONING / PUBLIC WaRKs 1. All surface parking shall conform to the minimum dimensions per ordinance of9' x 19' with 25' wide drive aisles. 2. The landscaping is approved with the following modifications: . The row of parking north ofthe pharmacy drive through has a narrow planter on the west end. The planter must be widened to be at least 5 feet wide inside curbs and add a tree to the planter. . The row of parking east of the building has a narrow planter on the north end. The planter must be widened to be at least 5 feet wide inside curds and add a tree to the planter. Also add a tree to the planter on the south end of the parking row. . The street buffer along Cherry Lane requires 4 trees; two trees are currently shown. Add two more. . The buffer between land uses must comply with the approved Alternative Compliance established with the final plat for Lynwood Plaza. 3. This conditional use permit shall be subject to the expiration provisions set forth in MCC II-17-4.B. 4. Applicant must comply with the conditions of the plat for Lynwood Plaza. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 7. All construction and site improvements shall confOrm to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction that has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. 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. 10. Sanitary sewer and water service shall be via existing service lines to be installed as part of the Lynwood Plaza project. 11. Underground year-round pressurized irrigation must be provided (ITom an existing system) to all landscape areas on this site. 12. Submit 10 copies of a revised site and landscape plan to the City Clerk's office at least 10 days prior to the next public hearing on this application. 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 Vi' 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 fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 5. Provide a 20' wide Fire Lane for all internal & external roadways. 6. Insure that all yet undeveloped parcels are maintained tree of combustible vegetation. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. Building setbacks shall be per the Building Code for one and two story construction. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 10. Commercial and office occupancies will require a fIre-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. II. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fIre and emergency medical service vehicles. This cost of this installation is to be borne by the developer 12. Maintain a separation of5' ftom the building to the dumpster enclosure. 13. Provide a Knoxbox entry system for the complex. 14. Paint the curb red at all fire lanes and provide signage "No Parking Fire Lane", 15. The first digit of the Apartment/Office Suite shall correspond to the floor level. 16. All portions of the buildings located on this project must be within 150' ofa paved surface. POLICE DEPARTMENT: 1. The Police Department has no concerns related to the site design submitted with the application, SANITARY SERVICES CORP.: 1. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 10 ft. clearance inside of the enclosure gates with the gates in the open position. 2. The applicant shall verifY that the trash enclosures will be approved by NMID in the location depicted on the plans submitted with the application. 3. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application, PARKS DEPARTMENT: 1. Connect the project to the micropath stub ITom Devlin Place Subdivision when the building in the northeast corner develops. B. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MPPOJ-013/MCZC03-036, Lynwood Plaza Subdivision c. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: I. Applicant shall apply for a land use change application prior to final platting. 2, All laterals and waste ways must be protected. 3. The District's Rutledge Lateral courses through the proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT D The City Council hereby approves the following analysis of required findings by staff. 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. B. C. D. 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; Staff finds that the subject property is large enough to accommodate the requested use and all other required features as noted above. The building requires 18 parking spaces, as detailed by the applicant on the site plan; 20 spaces are provided. 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 current Comprehensive Plan Land Use Map designates the property as "Office." Staff finds that the proposed retail pharmacy and office uses are harmonious with and in accordance with the Comprehensive Plan. If the project is approved as a CUP, it will meet the minimum requirements of the MCc. 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 Medicap Pharmacy will not adversely change the existing or intended (office) character of the general vicinity. The proposed project boundary is surrounded on all sides by existing residential subdivisions, which may wish to comment on the drive-through use. The applicant should address any measures taken to minimize noise impacts on adjacent neighbors at the hearing. The project is in substantial compliance with the draft site plan submitted with the preliminary plat. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; E. F. G. Staff does not anticipate that the proposed pharmacy will adversely affect adjacent properties. However, the drive through may create noise impacts for adjacent lots. The applicant should address any measures taken to minimize noise impacts on adjacent neighbors at the hearing, such as hours of operation of the drive-through, low volume speakers or handsets, etc. The Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refnse disposal. water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development can be adequately served by the essential public facilities and services listed above. City water and sewer mains will be constructed within the Lynwood Plaza project. Drainage will be retained on site. Trash enclosures have been provided on-site for refuse disposal; however the applicant should verifY that it can be located over the Nampa & Meridian lnigation District easement, as currently depicted. The applicant needs to coordinate with the Fire Department regarding the fire lanes. 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; Staff finds that the proposed pharmacy usage will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. Staff is unsure as to the suitability of the other potential tenant, as this tenant is not disclosed on the application. However, if the tenant is a permitted use in the L-O zone, it should not be detrimental. All required improvements, including landscaping, paving, parking, installation of services and roads, etc. will be paid for by the developer. The primary public costs to serve the project will be fur fire and police services. 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 no excessive traffic, smoke, fumes, glare or odors should result ITom the proposed medical office use. Refer to ACHD's report for additional information on the traffic production. H. I. That the proposed use wiD have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. Please refer to ACHD comments for additional detail on this finding, as noted above. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use.