Loading...
HomeMy WebLinkAboutShops at Cherry Lane CUP-04-054 -. 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 Planned Development for a retail uses in an C-N Zone, by High Point Equities Case No(s). CUP-04-054 For the City Council Hearing Date of: March 15,2005 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. b. The matter was duly considered by the City Council at the March 15, 2005, 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. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation for approval to the City Council. The City Council heard and took oral and written testimony and dilly 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 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-04-054 - PAGE I of 5 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 Nita Lovan. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D for the [IDdings required for the application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 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 from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the 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 2/15/05 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 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-O4-054 - PAGE 2 of 5 2. The following modification to the site specific conditions for the Conditional Use Permit were made at the 3-15-05 City Council hearing; a. Delete Site Specific Condition #9 and modify Site Specific Condition #5 to read: "Prior to issuance of a Certificate of Zoning Compliance, the applicant shall work with the Nampa Meridian Irrigation District and City Staff regarding the existing trees within the NMID easement. The City's first preference is to work with NMID to identify healthy trees that could remain. The City's second preference is to plant new trees within the easement and require the applicant to construct a CMU wall. The City recognizes that the best negotiated outcome may be a combination of these scenarios. If no trees are preserved or no new trees are planted within the easement, the applicant shall construct a CMU wall adjoining the NMID easement." b. Create Site Specific Condition #9, "The applicant shall implement lighting on the property which shall be down shielded and not cause glare, impact the traveling public, or adversely affect neighboring developments. Designs and specifications of said lighting shall be submitted to City Staff prior to issuance of a Certificate of Zoning Compliance." c. Create Site Specific Condition #10, "Prior to issuance of a Certificate of Zoning Compliance, the applicant shall submit evidence of an adequate turning radius from the drive-through exit north to Cherry Lane. If evidence of an acceptable radius cannot be provided, the applicant shall be required to reconfigure the drive-through to eliminate one lane of the drive-through and narrow the exit eastward through the use of curbing. This would move the drive-through exit further from the access to Cherry Lane, and facilitate the safe movement of traffic from the site." 3. 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. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-O4-054 -PAGE 3 of5 application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with milltiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 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: Legal Description Approved Site Plan Exhibit C: Exhibit D: Final Conditions of Approval Conditional Use Permit Findings By action of the City Council at its regular meeting held on the lìZ;fAúÍI- ,2005. , 2 q--fJ:; day of COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED~ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHARLIE ROUNTREE VOTED /J1;~- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-04-054 - PAGE 4 of5 COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - Copy served upon Applicant, The PI Attest: artment, Public Works Department and City Attorney. By: (-) (}J,£Þ, ~r..Q.JVV City Clerk's Office Dated: 4--4 -oc; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-O4-054 - PAGE 5 of 5 EXHIBIT A Shops at Cherry Lane CUP-O4-054 Legal Description QUITCI ---.-."..-.."'-", IðlIlliJUIIIUI- --_8IIJ1- I II Ii II ~ !2 ~ II ~ srA,nOf !!I """" !!I ~ Q 11 ~ II It 1ft!\t'I\<I!D'Il'I_1ll1iftI ItNIII"W~1111I1I ~ ;/ !::! " i " " " Ii II Ii Ii JI ¡j; " !! II ¡¡ Ii ii, iJi Ii, ~i ¡¡i' i:!' Ii' J 4 ~ ~ . =1 .I- " ~........ J g VJ: NI"" LOVAN, nond ""presentauvgl of .... B""at8 0% "ULace D, ~ovan, ¡¡I du.. . ¡¡¡I ... ~ ;I ....._.r~"","~ .~ .""""""'. ;¡ ~I ~ ~. 11' _Wl\WI'J[IOt\,,~:.1 I'0Il VAUÆ UCBOfI> VI "IU LOVAN, Per""""l ""presentative of the Bota" of "ol1ace D. Lovan, deceued, ...--.-.-...-- VE "'To LOVsN, 01&0 .known ao Vi IIi'" Lovan I :=::l::,o:..c:-ry Lane, Ii 111 iii II i Meridian, ID 13.42 . -- OF 1M> LYlII: 10 lIE IIII1IC\ß - .. lIE _T -... ~' To, ~.~ =':""":i' ""SI!~""" ... .....; liT ......... - ...- ... ....=. .. Ii .... OF SA" _'III :r.r. ......... \'II' """', MI' "'NT """.. M: = :. ...... WIT m... ":J" r: ~:::¡,.~ =:: :::::=~.;g::~::ï=-""""""",;; ...-r - -... --- "u" .,"". ... .,"" OF .., FOR """'" ""'". -"""- """,,~J, sI, ;Jill fI- / EXHIBIT B Shops at Cherry Lane CUP-O4-054 Approved Site Plan ~ ~'~il W i~IU 1111 I~i .iiiU I ii~ø ~! i ¡¡¡II z "~. i ~ ~~i m~' ~II.~?? ,i~ U~ IUI'I' s . ~tt!i GJ ~i m:; I ~ f EXHIBIT C Shops at Cherry Lane CUP-O4-054 Conditions of Approval SITE SPECIFIC CONDITIONS OF APPROVAL 1. The project layout shall remain in substantial compliance with the approved site plans. Parking is approved as depicted on the site plans. Minor modifications can be made, if necessary, during the CZC process as long as the overall parking ratios remain in conformance with the Meridian City Code. All surface parking shall conform to the minimum dimensions per ordinance of9' x 19' with 25' wide drive aisles. 2, The applicant shall submit a written request for width reduction of the street buffer to the Planning Director, which demonstrates evidence of the hardship and proposes a specific alternative width prior to the City Council hearing for the application. 3. Prior to issuance of a Certificate of Zoning Compliance on this application, the applicant shall provide notarized consent of the adjacent property owners for this application and shall provide evidence of an agreement which allows off-site improvements to the parking facilities of Lots I and 2, Grocery Bag Subdivision. 4. Provide a recorded copy of the cross access agreement between the subject property and Lots 1 and 2, Grocery Bag Subdivision prior to issuance of a Certificate of Zoning Compliance. 5. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall work with the Nampa Meridian Irrigation District and City Staff regarding the existing trees within the NMID easement. The City's first preference is to work with NMID to identify healthy trees that coilld remain. The City's second preference is to plant new trees within the easement and require the applicant to construct a CMU wall. The City recognizes that the best negotiated outcome may be a combination of these scenarios, If no trees are preserved or no new trees are planted within the easement, the applicant shall construct a CMU wall adjoining the NMID easement. 6, The applicant shall remove the conifer located in the street buffer along Cherry Lane from the plan and replace it with a deciduous tree which complies with MCC 12-13-7-2 and 12-13-9, prior to issuance of a Certificate of Zoning Compliance. 7. Automated Teller Machines (ATM) or drive-throughs, shall be prohibited for Retail B (southernmost building) and acceptable for Retail A (northernmost building). 8. At this time there are no public sanitary sewer or water services to the subject site. The applicant needs to provide information to the Public Works Department detailing their proposal for providing services to the subject site. 9. The applicant shall implement lighting on the property which shall be down shielded and not cause glare, impact the traveling public, or adversely affect neighboring developments. Designs and specifications of said lighting shall be submitted to City Staff prior to issuance of a Certificate of Zoning Compliance. 10. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall submit evidence of an adequate turning radius from the drive-through exit north to Cherry Lane. If evidence of an acceptable radius cannot be provided, the applicant shall be required to reconfigure the drive-through to eliminate one lane of the drive-through and narrow the exit eastward through the use of curbing. This would move the drive-through exit further from the access to Cherry Lane, and facilitate the safe movement of traffic from the site.. STANDARD CONDITIONS OF APPROVAL 1. This conditional use permit shall be subject to the expiration provisions set forth inMCC 11-17-4.B. 2. 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. 3. All signage shall be in accordance with the standards set forth in Section 11-14. of the City Zoning and Development Ordinance. No signs are specifically approved with this Conditional Use Permit. All signage shall require separate permits. 4, All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 5. 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 which 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. 6. Certificate of Occupancy: 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. 7. Meridian City Code requires that this site be served with an automatic underground irrigation system. Use of non-potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28, 8. Sanitary sewer and water service shall be from the city of Meridian's existing systems adjacent to the site. 9. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. FIRE DEPARTMENT COMMENT: 1. 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 fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 4. 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 per Appendix D. 5. The retail lot will have an unknown transient popillation and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consillting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 6. Provide a Knoxbox entry system for the complex prior to occupancy. 7. The application shall work with city staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 8. There shall be a fire hydrant within 100' of all fire department connections. POLICE DEPARTMENT COMMENT: 1. The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility, PARKS DEPARTMENT COMMENT: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. NAMPAIMERIDIAN IRRIGATION DISTRICT 1. A Land Use Change Application must be filed for review prior to final platting. Please contact Donna Moore at 466- 7861 for further information. 2. All laterals and waste ways must be protected. The District's Eightmile Lateral courses along the southwest boundary ofthis 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. 3. The developer must comply with Idaho Code 31-3805. 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT D Shops at Cherry Lane CUP-04-054 Required Findings 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 all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; City Council finds that the subject property is large enough to accommodate the requested use and all other required features as noted above, subject to the comments and conditions outlined below. As part of the planned development, the applicant is requesting approval of a drive through in both the front and rear buildings. The applicant has submitted designs regarding the layout of the site. The site plans consists of a 6,050 square foot front building with a drive through and a 3,250 square foot rear building with a drive through. It is important to note that the applicant's proposal proposes joint parking facilities with the Albertson's property directly adjacent to the subject property. The proposed plan reconfigures the existing parking, and in doing so eliminates six (6) existing parking spaces and adds twenty-five (25) parking spaces to the Albertson's property, MCC ll-13-l(G) Joint Parking Facilities states that "Off- street parking facilities for different buildings, structures, uses, or for mixed uses may be provided collectively in any district in which separate parking facilities for each constituent use would be permitted; provided, that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use." The Albertson's development contains approximately 57,300 square feet of retail use, requiring 287 parking spaces, and there are 294 parking spaces existing on the property. The elimination of six (6) parking spaces on the adjacent development by the applicant's proposal would not reduce the parking below the requirements ofMCC ll-13-I(G), and therefore complies with the requirements of Meridian City Code, provided that sufficient new parking is provided with the development to meet the requirements ofMCC 11-13-5 for the entire site. Standard ordinance parking requirements for "Retail Stores" apply to the site. The standard for retail use is one (1) space per 200 gross square feet. The two D. proposed buildings add up to 9,300 gross square feet, requiring 47 parking spaces. The drive through customer service window requires an additional five (5) parking spaces, bringing the total required to 52 parking spaces. The applicant has proposed 61 new parking spaces and is in compliance with the requirements ofMCC 11-13-5. The required landscape street buffer for arterial roadways, such as Cherry Lane, is twenty-five feet (25') from the property line. In circumstances where required street buffer widths resu1t in an otherwise unavoidable hardship to the property, a width reduction may be granted by written request to the Planning Director (MCC 12-13-10-5). In no case shall the width be reduced to less than ten (10) percent of the depth of the lot without a Variance, The applicant has proposed a reduced street buffer of twenty feet (20') which complies with the ten (10) percent restriction of 12-13-10-5. A written request to the Planning Director has been received from the applicant. 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 current Comprehensive Plan Land Use Map designates the property as "Commercial." City Council finds that the proposed retail uses are harmonious with and in accordance with the Comprehensive Plan. The proposal is a Planned Development to allow more than one (1) building on a single lot and to provide detailed approval of the elements of the development. If the project is approved as a Planned Development, it will meet the minimum requirements of the MCC. The Planned Development provisions require that at least two (2) approved amenities are included on the site, and the applicant has included three (3), which are: 1) landscaped open space adjacent to the Eightrnile Lateral; 2) a public seating area; and 3) a 6-foot sidewalk along Cherry Lane. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The Comprehensive Plan shows that the future intended land use of the area is Commercial and the property is zoned CoN (Neighborhood Retail). Therefore, City Council finds that the proposed development will not adversely change the existing or intended character of the general vicinity. Please see item D for comments regarding the impact to other property in the area. 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. H. City Council does not anticipate that the use, in the configuration proposed, will adversely affect adjacent properties in the area. The development is separated from surrounding residential uses by the Eight Mile Lateral and Cherry Lane, and this project will be integrated into the large existing retail development immediately adjacent to the property. 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; City Council finds that the proposed development can be adequately served by the essential public facilities and services listed above, with the exception of sanitary sewer and water service. Drainage will be retained on site. Trash enclosures have been provided on-site for refuse disposal. The Meridian Police Department has raised specific concerns regarding the safety of the proposed development and the ability of the Police to adequately provide services to the development. If either building is proposed for use as a Banking Facility, any Automated Teller Machine (ATM) should be clearly visible from Cherry Lane or the adjacent parking facilities. 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 ofthe community; City Council finds that the proposed development will not be detrimental to the economic welfare of the community, nor wou1d it create the need for any new facilities or services to be paid for by the public. 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 for 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; City Council finds that no excessive traffic, smoke, fumes, glare or odors should result from the proposed retail use. 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; City Council finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. 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. City Council does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use.