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Home My WebLink AboutJackson's Food Store CUP RECEIVED MAY 2 ß 2005 A olfcri:íi!t City Of Meridian City Clerk Office STAFF SUMMARY OF PLANNING AND ZONING COMMISSION HEARING Date of Recommendation: May 24, 2005 Project Name: Jacksons Food Store Case No(s): RZ-Os-004, CUP-Os-012 Applicant: Jacksons Food Stores, Inc. P&Z Commission Hearing Date: Apri12l,200s A. Recommendation: Approve (all Ayes) (two absent) B. Summary of Public Hearing: a. In favor: : Dale Binning, Architect for the applicant b. In opposition: none c. Commenting: none. d. Staff presenting application: Joseph Guenther, Associate Planner e. Other staff commenting on application: Bruce Freckleton, Public Works C. Key Issues of Discussion by Commission: 1. Access to Eagle Road and Pine, No access allowed from Eagle Road. 2. Four Sided architectural appeal. D. Key Commission Changes to Staff Recommendation: 1. Removal of last sentence of Condition #11, as Mr. Freckleton requests, as it does not pertain to this item. E. Draft Findings for Rezone Approval Exhibit A- Legal Description! Survey Exhibit B- Site Plan Exhibit C- Required Findings Zoning Exhibit D- Required Findings Conditional Use Exhibit E - Standard and Site Specific Conditions of Approval Exhibit A EXHffiIT A Jacksons Food Store RZ-O5-006 Legal Description/Survey mlVAlJiY18 Jlltksons Fo"d Stolei', In<.: ~ A:tq Conditional OR" Applk~ltion ------- EXHIBIT A PIIIOIII111øGr1p11on far Ran8ld Vm Auk8r, lno. Jab No. 04188 Novem- 211, ZG84 ~ ""'*' IIw 8112.01 Scb.. 1'3N. R1E. - u-. car 01"""" Ami CaunIy. --..1IbI< CllMMlllC:HilIlIllt _114 CCImIrall81!l S- 8. - "",. -.... """IIIWI\; .... liatIG IIwIllloWal eemol1llll 01- -.., 9. - 811"'10'44" -. SOUO- =-- ~ :t' ,:. a::. ~ :::: == ==:: point 10i0a78'11i. .18I5IIì loch -..... on...... pIutIc "'" - "M!I1IUI11I7B2" - - "..."" D. ... filar"", -. aAd ... paN!' OF -G; - SouIIoIlO'GOW' -. 371.811- I:> a 181 BIB /tIcII ...., on IIw n¡rIIIorI¡r 1M 01 =- P8Ik -. D parllw * _In ~ 411. II"'" S721. Ide CaunIrt PIlI == ~~ ~'=' ..:r:::. ~:.re: :.o=~..=, 01 SIII8 ~ 15 (I!agIo ~ D III'_.1IIIgmonI""" De.- '" CanrlllMaliDn ""'. No. -. - COUnIr -.. "-IIDno- ~.NorlllGll'_E88I. 3411.30- 1:>0 "'0 181 BIB IncII robw... .....,...., rI E. ",""Mil ~ In WInw1\Y D8od, - No. 1011187875; -olana IOId~. - u_- -:_loa"'::t618 "=" ~ÚIIIIIIfc~._88"1 1!HI,22Ø.Ii1 "'110 OF -"II 2.110 -. or B71Z! Squo/8 Feot, II1Cn or 100II. ~. w Exhibit A ~ft¡-;.-- -.-- lIIICORII or BIIlIVI!:Y FOR AN .utmlll'l'B.l.TIVI! LOT sPLIT _-""1/""'_'. TcmI!IIIIP . -. ...... 1 """'. - IIIIIIÐW<, aft .. -. .... """""'. ..... M - ='-.":..1... Ziï .... ~ õõii L-.mnrll CI"-":: !11"."""'" -- -...- --- . . --..- -...- -...- =:,'='- -- ';';'~"---""-"'-------""""" ----"1 ~,. -----'-"'.ri Æ::"7-JJ¡ ----------- --- -- ------------ l1li .- 111-::::= EXHIBIT B Jacksons Food Store CUP-O5-012 Approved Site Plan ----- -------1'_~"-,,-,,____,,-a_,,-..___----- I ------------- I I I I I I ~~=d::::"8 PI... 1"-20' ~ ! ¡ i ! Ij J> 'It I AP~~ON -Plu-- IICO~=SBI (m_- ! i i i I EXHIBIT C Jacksons Food Store Rezone RZ-O5-004 Required Findings for Zoning Amendment STANDARDS FOR ZONING AMENDMENT The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shallfind adequate evidence answering thefollowing questions about the proposed zoning amendment (11-15-11): A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; Staff finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Regional". Meridian City Code (MCC) 11-7- 2.1. states the purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public." The following Comprehensive Plan policies also support the annexation and proposed retail/fuel service use: . "Permit new. . .commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Sanitary sewer, municipal water, solid waste and other services exist to this area of Meridian. . "Require all new parking lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal Ill, Obj. D, #3) The Site Plan submitted with the CUP application for this property shall show internal planters, as required. . "Locate new community commercial areas on arterials. , .near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal Ill, Obj. D, #3) The proposed commercial use is located at the intersection of a minor arterial roadway and a state highway. A 25-foot wide street buffer is shown along Pine Ave and a 35-foot wide street buffer is shown along Eagle Road SH55, designed in part to mitigate potential negative impacts upon the vehicular traffic on Eagle Road. Exhibit C . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) ACHD is requiring the applicant to locate the two curb cuts to Pine Ave, one right-in/right-out and one shared access allowing travel towards the west/Eagle Road. A cross access agreement with the property at the future property boundaries will be required so the cuts can be shared with adjacent development. In addition. access to Eagle Road is prohibited in compliance with lTD. B. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the proposed rezone and accompanying development plans comply with the requested zone and staff does not anticipate that the property will be rezoned in the future. The area designated as "Future Development" east of the Jacksons Food Store site is anticipated to be developed under a general concept plan in accordance with the Mixed Use Regional Comprehensive Plan Designation with the appropriate zoning in the future. A Master or Concept plan for the 27.59 acres will be required with the development agreement for the rezone to address the future of rezoning on the subject property. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; Staff finds that the applicant has submitted detailed development plans for a Conditional Use Pennit for the automobile washing facility on the property. Staff further finds that the proposed convenience store use is allowed with the approval of a Conditional Use Pennit in lhis mixed use area. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; Staff finds that the immediate vicinity is a mix of undeveloped parcels that are designated for a mix of uses in the future, existing urban density residential uses (Meridian Crossroads), and property annexed and zoned as commercial and industrial property. The southwest corner of Eagle and Pine (approx. 62 acres) was annexed and zoned C-G (General Commercial) in February 2005 as part of the Ten mile Development planned development. Immediately south ofthe parcel is an industrial subdivision with warehousing/sales/various industrial uses. The widening of Pine Ave to 5 lanes, the construction of the High School east of the site, the signalization of the intersection, and the Eagle/I-84 on ramp are all indicators of a need for a mix of commercial services in the area, 3 Exhibit C E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use. will not change the essential character of the same area; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing neighborhood. The proposed retail/fuel service/auto washing facilities are listed uses in harmony with the intended uses in the C-G district. The eastern edge of the proposed Jacksons Food Store development (Pine Ave western entrance driveway) is approximately 207 feet east of the 2-acre site, requiring a cross access agreement to be entered into. The application does not indicate potential future uses on the eastern remainder of the 27.59 acre parcel. However, any future use will be consistent with the existing zoning or only allowed through a public hearing/CUP or platting process in compliance with the Future Land Use Map. The landscaped street buffers, lighting standards and building setbacks as required by the Zoning Ordinance are intended to ease impacts of these commercial uses on nearby residences. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested annexation and zoning to C-G should not be disturbing to existing or future neighboring uses. Any future change of use on the property that may have a significant impact on the surrounding properties will require conditional use approval under current ordinances, and adjoining property owners will have an opportunity to comment. Staff anticipates that the proposed commercial use will not be hazardous or disturbing to the neighboring uses as long as lighting and noise ordinances are adhered to. The Commission and Council should consider all public testimony, oral and written, before making this fmding. G. 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 service; Staff finds that the proposed uses can be adequately served by all essential public services and facilities. Drainage will need to be retained on site. H. 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; 4 Exhibit C I. J. Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed rezone would not be detrimental to the economic welfare of the community. Will not involve uses, activities, processes, materials, equipment, and conditions 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 the proposed CoG zoning of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. Permitted uses in the C-G zone include gas stations facilities, banks, professional offices, clinics, dry cleaning, hotels, restaurants and retail stores. However, as noted above, all future uses will require a mix of use applications consistent with the Future Land Use Map. Future uses and/or platting will allow for public testimony and site specific conditions, if necessary, to mitigate uses that may be detrimental to any persons, property or the general welfare. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The accompanying CUP application shows vehicular access to the property via two (2) proposed curb cuts that have been authorized by ACHD and widened to 40 feet. The property owner negotiated the locations and design of these ingress/egress points to Pine Ave with ACHD. To help prevent interference with westbound Pine Ave traffic and southbound Eagle Road traffic, left turns are prohibited out of the site, unless at the designated access. In compliance with 1TD and in support of the Meridain Comprehensive Policies on access to principle arterials, no direct access to Eagle Road will be allowed. Please see the ACHD and ITD staff reports for more information regarding vehicular approaches and traffic. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff finds that no natural or scenic features will be lost or damaged by the project. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the proposed annexation would be in the best interest of the City by increasing the supply of land zoned for neighborhood and vehicular oriented commercial/retail uses North of 1-84. The proposed zoning complies with the Future Land Use Map, is not proposing any variances or exceptions to Meridian 5 Exhibit C City Code and will allow for the improvement of land at a high visibility intersection in the Area of Impact. 6 EXHffiIT D Jacksons Food Store CUP-O5-012 Required Findings for Conditional Use 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 ifthey shall fwd 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; Staff finds that the subject property, as depicted, is large enough to accommodate the required parking, open spaces and landscaping required by the ordinance for a car wash! convenience store and fuel service use. The minimum number of required off-street parking spaces required is 22 (Carwash -2 per service bay (4) and Retail store 1 per 200 sq/ft (3500/200) = 18) the site plan shows (33), along with the 2s-foot and 3s-foot wide street buffers and drive aisles. While the western connection to Eagle Road driveway cut is actually outside the proposed annexed area, staff does not believe this is a problem since the remaining parcel is owned by Van Auker and a cross access agreement is a condition of approval. 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 Mixed Use- Regional. Staff finds that if the modifications required in this report are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances. See items A and C under the Zoning Amendment Analysis. 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 the design concept to be compatible with the intended character of the area. See item E under the Zoning Amendment Analysis. D. That the proposed use, if it complies with all conditions of the approval imposed. will not adversely affect other property in the vicinity; Exhibit D Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, the Commission and Council should consider any testimony given at the public hearings before making this finding. See item F under the Zoning Amendment Analysis. 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; See comments under the Zoning Amendment Analysis item G. 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; See comments under the Zoning Amendment Analysis item H. 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; See comments under the Zoning Amendment Analysis item I. 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; See comments under the Zoning Amendment Analysis item J. 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. See comments under the Zoning Amendment Analysis item K. EXHIBIT E Jacksons Food Store RZ-O5-004, CUP-O5-012 Standard and Site Specific Conditions of Approval SITE SPECIFIC COMMENTS (Rezone) 1. The legal description submitted with the application is accurate, places the property contiguous to existing city limits, and meets the requirements of the City of Meridian and Idaho State Tax Commission. The legal description will be finalized upon submission of a final plat in compliance with RP-04-00l 2. Public works shall certify the requirements of the reduction in platting have been met to allow the creation of the 2.0 acre parcel from the original 27.59 acre parcel (S1109325470). RP-04-001 3. The subject property is within the Urban Services Planning Area, 4. At the time of annexation, the applicant is proposing to develop/improve approximately 2 acres of the parcel described in the annexation legal description. Prior to developing the remaining acres of the parcel (S110932s470), the applicant/owner is hereby informed that a development agreement must be approved on the eastern portion of the site. The site lies entirely in one Future Land Use Designation of Mixed Use Regional which requires a master or conceptual plan for a combination of compatible land uses with surrounding properties. SPECIAL CONSIDERATIONS 1. Shroage: The Site Plan shows one (1) Main ID sign/free-standing sign at the northwest comer of the site. MCC 11-14-10 (Table D) allows a maximum of one, IS-foot high sign per street frontage. Also, MCC 11-l4-9-D.3 requires the signs be located "as near the primary access driveway as practical." If the sign is located at the corner as shown, away from both access drives, staff recommends the P&Z Commission restrict the site to only the one free-standing sign. If the signs are shifted to be clearly on both frontages and not at the comer, two (2) signs would be permitted. 2. Reduction in Platting: The site is currently approved for a reduction in Platting Requirements as a resubdivision (MCCI2-3-1.B) the following conditions of approval RP- 04-001 apply: 1. Applicant must comply with all subdivision improvements as required by MCC 12-5-2. Exhibit E 2. Applicant shall comply with all improvements as required by Ada County Highway District. A cross-access agreement between the two proposed parcels is required to be submitted prior Certificate of Zoning Compliance issuance. Applicant shall submit a recorded copy of the Record of Survey signed by the City Engineer prior to Certificate of Zoning Compliance issuance on the Parcell. Future development must comply with MCC 11-9-1 regarding building setbacks, lot coverage, and height restrictions. No building permit will be issued for Parcel 2. The applicant shall include Parcell and Parcel 2 in a future subdivision. Parcel 2 will not be eligible for a building permit until a final plat has been recorded for the entire property. 3. 4. s. 6. SITE SPECIFIC CONDITIONS OF APPROVAL (CUP) 1. The building and site improvements shall be constructed per the approved plans with all modifications required by the City Council. 2. If a free-standing sign is located at the comer of the parcel (as shown on the approved CUP Site Plan), the 2.0 acre parcel is limited to only one (I) free- standing sign. If the signage is shifted to be clearly on both frontages and closer to the primary access drives, two (2) free-standing signs would be permitted on the site. 3. Prior to the issuance of a Certificate of Zoning Compliance on the site, a recorded, perpetual vehicular cross-access easement shall be submitted in favor of the parcel to the east (Ada Co. Parcel No. Sl1O932s470), currently owned by Ronald W. Van Auker. Said easement shall cover the 40-foot wide driveway for access to west Pine Ave and extend along the north property line approximately 214 feet into the site as depicted on Sheet S-ln, 1/10/05. 4. The applicant shall revise the Landscape / Site Plan (Sheet S-ln dated January 10, 2005, by Dale Binning Architect.) to reflect the following changes: a. Widen the attached sidewalk abutting Pine Ave to a minimum of Seven (7) feet or provide a 5' detached sidewalk as per ACHD Conditions of approval. b. Add one (I), two-inch caliper deciduous tree to the three (3) landscape planters on the west and north sides of the building c. Ensure that the inside dimension of said planters is a minimum of five (5) feet d. Add a 5' wide landscape buffer east of the Car Wash e. Add a landscape island to the parking stalls on the south property line with one (1) two-inch caliper deciduous tree. - 2- Exhibit E f. Add a minimum of eight (8) two-inch caliper deciduous trees to the eastern property boundary, 1 tree per 35 feet (270/35=7.71) g. Add a minimum of Seven (7) two-inch caliper deciduous trees to the southern property boundary, 1 tree per 35 feet (261/35=7.45) h. Add One (1) additional two-inch caliper deciduous tree to the northern property boundary, 1 tree per 35 feet (221/35=6.31) i. Remove the curb cut on Eagle Road and provide the required landscaping. j. Any other changes required by the Commission. Submit 10 copies of the revised plan to the City Clerk's office at least 10 days prior to the next hearing on this application. s. The Preliminary Site/Landscape Plan (Sheet S-ln dated January 10, 2005, by Dale Binning Architect.)is not approved as submitted. Revise the plan to match the Site Plan and make the corrections as noted in condition #4. Submit a detailed landscape plan with Certificate of Zoning Compliance application. 6. Sanitary sewer service to this site shall be via main line extensions from an existing main installed adjacent to the property. The applicant has not submitted a conceptual design for the sewer system, however, the applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 7. Domestic water service to this site shall be via main line and/or service line extensions from mains installed adjacent to the property. The applicant has not submitted a conceptual design for the water system, however, the applicant shall be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 8. All storm and drainage water must be retained on site. 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. 9. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has not indicated who will own the pressurized irrigation system - 3 - Exhibit E 11. within this development. The applicant shall state which irrigation district will own the system, or if the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be. submitted prior to plan approval. 10. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention!retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field stndies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. STANDARD CONDITIONS OF APPROVAL (CUP) 12. 13. 14. 15. 16. This conditional use permit shall be subject to the expiration provisions set forth inMCC 11-17-4.B. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance ll-13-4.F. All drive aisles adjacent to parking shall be at least 25 feet wide. 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. One hundred watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. -4- 21. 22. 23. 24. 25. 26. Exhibit E 17. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 18. All grading of the site shall be performed in conformance with MCC ll-12-3H. 19. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 20. 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, All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate sign permit(s). Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation!drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 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. Certificate of Occupancy: All required improvements must be complete prior to - 5 - Exhibit E 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. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 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 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. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3, All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. s. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 6. 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. 7. The xx office/commercial lots lot will have an unknown transient population 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 Consulting Group - 6- Exhibit E our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. Maintain a separation of 5' from the building to the dumpster enclosure. 9. Provide a Knoxbox entry system for the complex prior to occupancy. 10. The applicant shall work with city staff to provide an address identification plan including a pylon!monument sign at the required intersection(s). 11. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 12. Provide exterior egress lighting as required by the International Building & Fire Codes. 13. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). Sanitary Services Comment: 1. 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. - 7 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Jacksons Food Store, A Request for a Rezone of 2 acres from I-L to C-G zone and a Conditional Use Permit to allow the operation of a new carwash and convenience store. Case No(s). RZ-05-004, CUP-05-012 For the City Council Hearing Date of: May 24 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 dilly considered by the City Council at the May 24, 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 of the 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 on the subject matter 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 §67-6s09, 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). RZ-O5-004, CUP-O5-012 - PAGE I of4 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 are VJ Joint Ventures, Ronald Van Auker. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit C for the findings required for each type of 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 (I.C. §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. S. 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 January 10, 2005 as shown in Exhibit B, and Site Specific and Standard Conditions of Approval in Exhibit E. 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 rezone as evidenced by having submitted the Survey and Legal Description in Exhibit A is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), RZ-O5-004, CUP-O5-012 - PAGE 2 of 4 2. The site specific and standard conditions of approval are as shown in Exhibit D. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC l2-2-4.B & c.) Notice of Final Action and Right to Regulatory Takings Analysis E. 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 [mal 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 - Survey Approved Rezone Map/Site Plan Exhibit C: Findings Zoning/Rezone Exhibit D: Findings Conditional Use Permit Exhibit E: Standard and Site Specific Conditions of Approval By action of the City Council at its regular meeting held on the ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRlSTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-004, CUP-O5-0 12 - PAGE 3 of 4 COUNCIL MEMBER KEITH BIRD YOTED- MAYOR TAMMYdeWEERD (TIE BREAKER) YOTED- Mayor Tammy de Weerd Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-004, CUP-O5-012 - PAGE 4 of4