HomeMy WebLinkAboutWalgreens CUPCUP 05-029
MERIDIAN PLANNING 8~ ZONING MEETING June 16, 2005
APPLICANT Hawkins Companies ITEM NO. 9
REQUEST Public Hearing -Conditional Use Permit fora 14,490 square foot retail pad
with dual drive thru for the pharmacy on 2.b1 acres in a proposed C-G zone for
Walgreens - 3150 West Cherry Lane
AGENCY
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COMMENTS
See attached staff report
No comment
See attached comments
See attached comments
See attached comments
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OTHER:
Contacted: .l'S~jl'~ (~~(,1/a,~°' Date: ~pJ~ Phone: ~~ `-t7~C~
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Materials presented at public meetings shall become property of the City of Meridian.
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Rountree
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tl lT.JAHO SUN O 9
LEGAL DEPARTMENT
(208) 888-4433
~~~ PUBLIC WORKS
,~ BUILDING DEPARTMENT
,i (208) 89&5500 • Fax 898-9551
1"""'' PLANNING AND ZONING
CITY O . ~RIDIAN DEPARTMENT
~ (208) 884-5533 • FAX 888-6854
~K OFFICE
STAFF REPORT: Transmittal Date: June 9, 2005
Hearing Date: June 16, 2005
To: Mayor, City Council and Planning & Zoning Commission
From: Craig Hood, Associate City Planner L "i~
Michael Cole, Development Services Coordinator ~ ~
Re: Wal~reens on Ten Mile Road
Request for a Rezone of 3.2 acres from R-4 (Low Density Residential) to C-
G (General Retail and Service Commercial), by Hawkins Companies (File
No. RZ-OS-008).
Request far a Conditional Use Permit for a New 14,490 Square-Foot
Retail/Pharmacy Building with Two Drive-Through Lanes in a Proposed C-G
Zone, by Hawkins Companies (File No. CUP-OS-029).
We have reviewed these submittals and offer the following comments and conditions of the applicant.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council.•
APPLICATION SUMMARY
The applicant, Hawkins Companies, has requested rezone approval of 3.2 acres currently zoned R-4
to C-G. The applicant also requests a conditional use permit (CUP) to operate dual drive-through
lanes for a new retail/pharmacy building. The subject site is located an the northeast corner of Ten
Mile Road and Cherry Lane. There is currently a church on this site that the applicant intends to
remove. The Comprehensive Plan Future Land Use Map depicts the subject property as
Public/Quasi-Public.
Retail uses are principally permitted uses in the requested C-G zone. However, drive-through lanes
require CUP approval in all commercial zoning districts. The applicant is ,proposing to construct two
drive-through lanes on the east side of the 14,490 square-fact retail building.
Staff recommends approval of the subject rezone request (RZ-OS-008) and conditional use permit
(CUP-OS-029) with the conditions listed herein.
RZ-OS-008, CUP-05-029 Walgreens Ten Mile lzZ CUP
Planning & Zoning Commission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 2
LOCATION & SURROUNDING USES
The subj ect property is located on the northeast corner of Ten Mile Road and Cherry Lane in Section
2, Township 3 North, Range 1 West. The following uses surround the subject property:
North -Two single-family homes, zoned R-4; Well site, zoned R-4.
South -Bank and medical offices, zoned L-O.
East - Single-family homes in Sunburst Subdivision, zoned R-4.
West - Medical offices, zoned R-4.
OWNER OF RECORD
The owner of record is the Idaho Conference ofSeventh-day Adventists, Inc. and Donald Klinger, a
registered agent has given consent for Hawkins Companies, LLC, to submit the requested
applications.
STANDARDS FOR ZONING AMENDMENT
Because the analysis below applies both to the proposed use and the proposed zoning, staff has
combined the analysis of use with the annexation and zoning findings.
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment fn terms of the following standards and shall find adequate evidence
answering the following questions about the proposed zoning amendment (I,l-Y5-II):
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 2002 Comprehensive Plan Future Land Use Map designates the subject
property as "Public/Quasi-Public." Public, Quasi-Public, and Open Space areas are
designated to preserve and protect existing private, municipal, state, and federal lands for
area residents and visitors (Page 99, Comprehensive Plan). However, the Comprehensive
Plan was recently amended with Resolution No. 04-454, which states that upon
redevelopment of properties designated for public, quasi-public, and open space, a change in
designation and use may be appropriate. The redevelopment of these areas should be guided
by the intensity of the existing use, the underlying zoning of the property, the surrounding
land uses, the location of the property, and transportation issues associated with the proposed
development of the property. The appropriate land use designation and accompanying zoning
far these areas will be determined by City Council on a case by case basis. Staff has included
analysis within this staff report regarding all of the factors required to be evaluated with
Resolution No. 04-454 (i.e. -intensity of use, zoning, surrounding uses, location,
transportation).
While the Comprehensive Plan Future Land Use Map does not explicitly support a
commercial zoning of this property, staff finds that there are several Comprehensive Plan
policies that support evaluating this site for a zone not specifically envisioned by the Map
RZ-05-008, CUP-OS-029 VValgrecns Ten Mile Rz CUP
Planning & Zoning Comrnission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 3
(see below).
"The Meridian Comprehensive Plan is an official policy guide for decisions
concerning the physical development of the community. It indicates, in a general
way, how the community may develop in the next five to ten years." (Chapter I,
Section B of the Comprehensive Plan)
Furthermore, in Chapter VII, Section C, "Future Conditions" states the following:
"Figure VII-2 [The Comprehensive Land Use Map] depicts desired future land use
categories and their location within the Impact Area. The areas depicted on the map
are conceptual and, therefore, will require further analysis prior to the creation of a
zoning map."
Staff believes that the public/quasi-public designation was placed on this property in 2002
when the Comprehensive Plan was adopted because it was functioning as a church. The
Comprehensive Plan did not originally anticipate any churches redeveloping with non-
public/quasi-public uses; Resolution No. 04-454 does accommodate for redeveloping
churches. Further, the other three corners of the Ten Mile Road/Cherry Lane intersection
have developed with non-residential uses. Due to the development patterns of the
surrounding area, staff believes it would be appropriate to extend the commercial designation
from the southwest (Albertson's) to this property. Staff further finds that a commercial
zone/use could harmoniously co-exist with the residential uses to the north and east as well
as the commercial uses to the south, west and southwest. However, due to the close
proximity of the single-family homes, staff is recommending that any future use on this site
be required to obtain CUP approval (see Special Considerations and Zoning Amendment
Comments sections of this report for further analysis).
The applicant has requested GG zoning (General Retail and Service Commercial District)
for this property. The purpose of the C-G zone is to "provide for commercial uses which are
customarily operated entirely or almost entirely within a building; 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." MCC 11-7-2
Stafffinds that the requested C-G zoning designation and subsequent retail use with adrive-
through is consistent with the definition of the zone.
Staff believes that the quasi-public area that will be converted to commercial with the
approval of this application will be relocated to Black Cat Road where the church intends to
construct a new building. The church has submitted an annexation application to the City
requesting that 5 acres of land located on Black Cat Road, south of Cherry Lane, be annexed
and zoned to L-~ for a new church (AZ-OS-024). Staff believes that if both zoning
amendments are approved, the designated public/quasi-public area designated on the Future
RZ-05-008, CUP-OS-029 Walgreens Ten Mile RZ CUP
Planning & Zoning Commission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 4
Land Use Map for this site will be preserved, just in an area approximately one mile to the
west.
Staff also finds the following Goals, Objectives, and Action items contained in the 2002
Comprehensive Plan to be applicable to this application (staff analysis is in italics below
policy):
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII,
Goal N, Objective D, Action item 2)
On the submitted site plan, the applicant is proposing direct access to Cherry Lane
and Ten Mile Road, bath arterial streets. The ACHD has tentatively approved aright-
in/right-out only access to Cherry Lane and a full access to Ten Mile Road. The full
access approval to Ten Mile Road is conditioned on the applicant obtaining consent
from the property owner to the north (Vance) to construct a portion of the driveway
on his property. See comments from ACRD and Special Considerations in the
Conditional Use Permit section of this report for further analysis.
"Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, law walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action item
4)
By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Cherry
Lane and Ten Mile Road (MCC 12-13-10-4). The applicant is depicting substandard
buffers along Ten Mile Road and Cherry Lane. Twenty-five foot wide buffers,
exclusive of right-of--way, should be constructed adjacent to the arterial streets. This
requirement will have a significant impact on the site design, as submitted. Please see
Special Considerations in the Conditional Use Permit section of this report for
further analysis.
• "Require all commercial businesses to install and maintain landscaping." (Chapter V,
Goal III, Objective D, Action item 5)
In order to operate a commercial business on this site, the applicant will be required
to construct landscaping along Ten Mile Road, Cherry Lane, adjacent to the single-
family residences, and internally. The applicant has asked far an alternative to
compliance with the standard 25 foot wide landscape buffer requirement to the north.
Please see Special Considerations in the Conditional Use Permit section of this
report for further analysis.
• "Require that development projects have planned for the provision of all public services"
(Chapter VII, Goal III, Objective A, Action items 1 and 4)
RZ-05-008, CUP-05-029 Walgreens Ten Mile I~Z CUP
Planning & Zoning Corrunission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page S
On May 27, 2~OS, a joint agency/department comments meeting was held with
representatives of key service providers to this property. In that meeting no deficiencies
of public services to serve this property were raised.
"Plan for a variety of commercial and retail opportunities within the Impact Area."
(Chapter VII, Goal 1, Objective B)
Staff believes that the proposed zone does contribute to the variety of uses in this
area.
Stafffinds that the new zoning to C-G can be harmonious with and in accordance with
the Comprehensive Plan, as amended by Resolution No. 04-454, 'the applicantenters
into a development agreement and all the conditions of approval for the concurrent
conditional use permit are complied with. Staff recommends that the Commission and
Council rely on staff s analysis, other agency/department comments, and any other
comments received regarding the appropriateness of zoning this site for commercial
use(s).
B. Is the area included in the zoning amendment intended to be re-zoned in the future;
Staff finds that the proposed re-zone and accompanying development plans generally comply
with the requested zone and staff does not anticipate that the property will be rezoned in the
future.
C. Is the area included in the zoning amendment intended to be developed in the fashion
that would be allowed under the new zoning-for example, a residential area turning
into a commercial area by means of conditional use permits;
Retail uses are principally permitted (allowed) in the requested C-G zone. However, drive-
in/drive-through establishments require CUP approval in all commercial zoning districts of
the City (MCC 11-8-1). Staff finds that the applicant has concurrently submitted detailed
development plans for a Conditional Use Permit for the proposed dual drive-through lanes
with the rezone request. Staff further finds that the proposed retail use with adrive-through
will only be allowed with the approval of the requested CUP (CUP-OS-029).
D. Has there been a change in the area ar adjacent areas which may dictate that the
area should be rezoned. For example, have the streets been widened, new railroad
access been developed or planned ar adjacent area being developed in a fashion
similar to the proposed rezone area;
The arterial streets adjacent to this site have been widened to five lanes adjacent to this site.
Ten Mile Road, from Franklin Road to Ustick Road, is currently within ACHD's Five-Year
Work Frogram for reconstruction. Staff finds that the other three corners have been
RZ-OS-008, CUP-05-029 Walgreens Ten Mile RZ CUP
Planning & Zoning Commission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 6
developed in a fashion similar (non-residential) to the proposed development. Further, the
recent annexation and zoning of several residential subdivisions in this area have made the
current church building too small for the growing congregation. Staff finds that these factors
dictate that the subject property be rezoned and developed commercially.
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 development as depicted on the submitted site plan is not designed in a
manner that will be harmonious with and appropriate in appearance with the existing
neighborhood. However, staff has included conditions related to design, construction,
operation and maintenance that staff believes will allow the proposed use(s) to be consistent
with the existing character of the general vicinity. Staff believes that the character of the area
will change with the approval of the subject applications; however, staff believes that the
change is appropriate.
F. Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that a 24-hour drive-through pharmacy may be disturbing to the existing residents
in the area. However, if landscape buffers and access points are installed, and the hours of
operation are limited, staff finds that the requested rezone and subsequent commercial uses
and drive-through should not be disturbing to the existing or future neighboring uses. To
ensure that any future use on this site will not be hazardous or disturbing, any future change
of use on the property will also require conditional use permit approval, and adjoining
property owners will have an opportunity to comment (see Zoning Amendment Comments
section of this report). The Commission and Council should consider all public testimony,
oral and written, before making this finding.
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;
On May 27, 2005, a joint agency/department comments meeting was held with
representatives ofkey service providers to this property. Based on the joint
agency/department meeting and other comments received from agencies/departments,
staff finds that the public services listed above can be made available to accommodate the
proposed development. The Commission and Council should reference any written and/or
verbal testimony submitted by any public service provider, regarding their ability to
adequately service this project.
R~-05-008, CUP-OS-029 Walgreens Ten Mile RZ CUP
Planning & Zoning Commission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 7
Sanitary sewer and water are currently available to this site. Water mains are located in
both Ten Mile Road, and W. Cherry Lane. Sewer mains are located in N. Ten Mile Road.
The applicant and/or future property owners will be required to pay any applicable park
and highway impact fees as well as construct on-site storm water drainage facilities.
Staff finds that the proposed uses can be adequately served by all essential public services
and facilities.
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;
Staff finds that the requested zoning/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.
I. 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;
If the subject rezone application is approved, the applicant intends to construct a retail
building with adrive-through and a future retail bank building on this site. Based on the
traffzc impact study prepared for this development, the site is anticipated to add 1,115 new
vehicle trips to the road network at full build out. Staff finds that the proposed use and zone
will generate additional traf>f c on adjacent roadways above and beyond the existing church.
Staff recognizes that traffic and noise will increase with the approval of this development;
however, staff does not believe that the amount generated will be detrimental to the general
welfare of the public.
Staff does not anticipate the proposed zone and subsequent use(s) will create excessive
noise, smoke, fumes, glare, or odors. If all conditions of approval are complied with,
staff finds that the proposed zoning/use should not be detrimental to people, property or
the general welfare of the area.
J. Will have vehicular approaches to the property which shall be sa designed as not to
create an interference with traffic on surrounding public streets;
On June S, 2005, the ACRD Board ofCommissioners approved two vehicular access points
for this site. Although neither of the access points meets the District's policy for location, the
Board approved aright-in/right-out driveway to Cherry Lane and a full access driveway to
Ten Mile Road. Staff finds that the approved vehicular approaches to the property should not
interfere with general traffic patterns on the adjacent public streets. Please refer to the ACHD
report for more details on access to this property.
RZ-05-008, CUP-05-029 Walgreens Ten Mile TtZ CUP
Planning & Zoning Cammission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 8
The proposed site plan shows two drive-through lanes and an escape lane on the east side of
the proposed building. Staff is supportive of the layout for the proposed drive-through lanes
and proposed traffic flow pattern for this lot, as stacking vehicles should not interfere with
internal traffic flows or traffic flows on the adjacent streets.
K. Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance.
Staff is unaware of any natural of scenic features of major importance on this site and
finds that na natural or scenic features of major importance will be lost or damaged by
approving the rezone application.
L. Ts the proposed zoning amendment in the best interest of the City;
In accordance with the findings listed above, staff finds that the Proposed zoning of this
property would be in the best interest, of the City
SPECIAL CONSIDERATIONS (Rezone)
Future Development: As noted in the findings above, there are several single-family
residences in close proximity to this site. Ta ensure that future uses on this site will not be
hazardous or disturbing, any future change of use on the property should require
conditional use permit approval, allowing adjoining property owners an opportunity to
comment. By requiring all uses to obtain CUP approval prior to construction operation,
staff believes that some uses that are principally permitted in the GG zone but may not be
appropriate for the neighborhood will not be allowed.
Hours of Operation: The applicant has not indicated the desired hours of operation for this
site within the application packet. Because there are several single-family homes in the
vicinity, staff believes that the hours of operation for businesses on this site should be limited
to 6 a.rn. to 10 p.m.
ZONING AMENDMENT COMMENTS ezone
1. The subject property is within the Urban Services Planning Area. The Public Works
Department has confirmed that the submitted legal description meets the requirements of the
City of Meridian and the Idaho State Tax Commission.
2. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered
into between the City of Meridian, property owner (at the time of annexation ordinance
adoption), and the developer. The applicant shall„contact the City Attorney, Bill_Nary~ at
888-4433 to initiate this process. The DA shall incorporate the following:
• That no building ar other structure shall be erected, moved, added to or structurally
altered, nor shall any building, structure or land be established ar changed in use without
a Certificate of Zoning Compliance (CZC).
RZ-OS-008, CLTP-OS-029 Walgreens Ten Mile RZ CL1P
Planning & Zoning Commission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 9
• That all future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
• That all future uses on the property shall be required to obtain a Conditional Use Permit
prior to construction/operation.
• That the hours of operation on this property shall be limited to 6 a.m. to 10 p.m., unless
otherwise modified through a future Conditional Use Permit.
+ That vehicular access to this site shall be restricted to those approved by ACHD and
the City.
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the fallowing, and naay approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish (X.I-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;
All proposed building setbacks meet the minimum standards outlined in Titles 11,
Meridian City Code.
City Ordinance requires one (1) off-street parking space per 200 square feet ofretail use. The
proposed retail building is 14,490 square feet. Thus, the project requires seventy-two (72)
spaces for the retail use; ninety-nine (99) spaces are proposed. NOTE: The applicant may
have to reduce the number of parking stalls from what is currently being proposed to comply
with the landscape and right-of way requirements.
The required landscape buffer between the proposed retail use and the residences to the north
and east is 25-feet. Except for the driveway to Cherry Lane, a 25-foot wide buffer is
proposed to the east. Meridian City Code requires that within three (3) years, sixty percent
(60%) or more of the vertical surface is closed and prevents the passage ofvision through it.
The applicant is requesting alternative compliance to the required landscape buffer to the
north (see Special Considerations below). The applicant originally proposed to retain the
wood fence along the east boundary. At the neighborhood meeting, an adjacent neighbor,
stated that the three residences to the east would prefer to have a CMU wall. The applicant
has agreed to replace the existing woad fence and construct a CMU wall along the east
property line, up to the well lot.
Staff finds that the subject property is large enough to accommodate the required yards
(setbacks), open spaces, parking, landscaping and other features required by the ordinance for
retail uses. However, the applicant is requesting alternative compliance for the land use
buffer to the north.
I~OS-008, CUP-OS-029 Walgxeens Ten Mile R.Z CUP
Planning & Zoning Comrnission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 10
C. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
Please see Standards for Zoning Amendment "A". The proposed site plan shows two
drive-through lanes and an escape lane on the east side of the proposed building. Staff is
supportive of the layout for the proposed drive-through lanes and proposed traffic flow
pattern for this lot, as stacking vehicles should not interfere with internal trafFc flows or
traffic flows on the adjacent streets. Staff finds that if the applicant complies with all
conditions of approval noted in this report, the development will be harmonious with the
Meridian Comprehensive flan and in accord with the requirements of the Zozung
Ordinance.
D. 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;
Please see Standards for Zoning Amendment "A".
E. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
If the applicant complies with all conditions of approval, staff does not anticipate that the
proposed development will have an adverse impact on other property in the vicinity.
However, the Commission and Council should consider any and all testimony given at
the public hearings before making this finding.
F. 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;
Please see Standards for Zoning Amendment "G".
G. 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;
Please see Standards for Zoning Amendment "H".
I3. 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,
RZ-OS-008, CUP-05-029 Walgreens Ten Mile RZ CiJP
Planning & Zoning Commission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 11
glare or odors;
Please see Standards for Zoning Amendment "1".
I. 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;
Flease see Standards for Zoning Amendment "J".
J'. 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 does not believe that the proposed development will result in the destruction, loss or
damage of a natural, scenic or historic feature of major importance.
SPECIAL CONSIDERATIONS
1. Vehicular Access: ACHD policy requires driveways on arterials to be located a minimum of
440-feet from a signalized intersection for full access. Right-in/right-out driveways maybe
allowed at 220-feet from a signalized intersection. Beyond the intersection offsets, driveways
are required to align, ar offset a minimum of 150-feet. The applicant is proposing to
construct one full access driveway to Ten Mile Road and one full access driveway to Cherry
Lane.
There is currently a gravel driveway on Ten Mile Raad, near the north property lute, that the
property owner to the north (Vance) and the City use (well site). The applicant is proposing
to construct a full access driveway in this location. The applicant has not provided the City
with documentation stating that Vance has consented to this shared driveway. Staffsupports
a shared driveway for the properties in the area, provided the applicant can obtain consent
from the property owner to the north to construct the driveway off-site and obtain cross-
access. There is another driveway just north of the gravel driveway that is used by Parcel No.
51202336314. This is a circular driveway used by the White family. Staff further
recommends that the applicant approach the other property owner to the north (currently
White, Parcel No. S 1202336314) about removing the southern driveway they have to Ten
Mile Road and utilizing the proposed shared driveway as well. See Site Specific Condition
#2 below.
NOTE: Neither proposed driveway meets ACHD policy for location. However, ACHD has
approved a full access to Ten Mile Road as proposed, and aright-in/right-out access to
Cherry Lane with modifications to their policy. The Cherry Lane access is conditioned on the
applicant installing a center median in Cherry Lane to restrict left turning movements. The
Ten Mile Road access is contingent upon the applicant submitting written documentation
from the property owner to the north consenting to driveway and cross access. Tf a cross-
RZ-OS-008, CUP-05-029 Walgreens Ten Mile RZ CCIP
Planning & Zoning Commission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 12
access easement and consent can not be obtained, then the applicant will need to submit
revised drawings and the driveway location and functionwill be re-evaluated byACHD. (See
ACRD report for further information).
2. Landscagin~:
Street Buffers: The applicant is required by ACRD to dedicate 54-feet ofright-of--way for
Ten Mile Road and an additional 6-feet ofright-af--way far Cherry Lane. On each leg of the
intersection ACHD needs 10$-feet ofright-of--way to reconstruct the intersection with dual
left turn lanes. Between 35 and 45-feet ofright-of--way currently exist far Ten Mile Road
abutting this site, and approximately 40-feet afright-of--way exist for Cherry Lane. Sidewalk
currently exists on both abutting arterial streets. Staff recommends that the applicant be
required to comply with the ACHD's requirements forright-of--way dedication (or providing
sidewalk/utility easements in lieu ofright-of--way).
The applicant is proposing a 10-foot wide buffer along Ten Mile Road and a 20-foot wide
landscape buffer along Cherry Lane. MCC 12-13-10-4 requires a 25-foot wide landscape
buffer along Ten Mile Road and Cherry Lane, both arterial streets. MCC 12-13-10-d requires
street buffers to be planted with trees and shrubs, lawn, or other vegetative groundcover, with
a minimum density of one tree per 351inear feet. A 25-foot wide landsca e buffer, located
entirel outside of the ri t-of-wa and not includin the width of the sidewalk should be
rovided alon Ten Mile Road and Cherry_Lane. Landscaping and sidewalks adjacent to
Ustick Road should be constructed in compliance with MCC 12-13-10. NOTE: The
additional right-of--way and widening the landscape buffers will have a significant impact on
the site design as submitted. As such, the applicant should submit 10 copies of a revised site
plan and landscape plan at least 10 days prior to the City Council hearing on this project. See
Site Specific Conditions #1 and #3 below.
Land Use Buffers: MCC 12-13-12 requires landscape buffers between different land uses.
Per MCC 12-13-12-4, a 25-foot wide landscape buffer is required between general retail
(Class IV) and single-family homes (Class I). Meridian City Code 12-13-12-2 requires the
land use buffer to be provided by the higher intensity use and to be located on the building
site of the higher intensity use.
The applicant is proposing to construct a 25-foot wide buffer and a CMU wall along the east
property line. Staff is supportive of this buffer with the exception of the proposed driveway
that encroaches into the buffer. The easternmost edge of the driveway to Cherry Lane should
be located a minimum of 25-feet from the east property line. Said buffer should contain
materials in accordance with MCC 12-13-12-3. See Site Specific Condition #3 below.
The applicant is requesting alternative compliance for the land use buffer to the north. MCC
12-13-1$ allows landscape proposals which conform to the purpose, intent, and objectives of
the landscape regulations to be approved. The applicant originally proposed a 7-foot wide
buffer with some trees and shrubs between the retail use and the existing home to the north.
RZ-OS-008, CUP-05-029 Walgreens Ten Mile 1tZ CT TP
Planning & Zoning Comrnission/Mayor & City Council
Tune 1 ~, 2005 (Hearing Date)
Page l3
Since the original site plan submittal, the applicant has removed the bank of parking stalls at
the north end of the site plan and is now proposing a 16-foot wide landscape buffer with
seven Maple trees and other shrubs. This buffer is proposed because the additional right-of
way required by ACRD and the space limitations of this site (see letter from the applicant).
There are existing easements for power, water and access within the proposed landscape
area. All landscape materials within the buffer area should not interfere with the power and
water easements. Staff is recommending that the applicant be granted alternative compliance
for a reduced buffer width because the proposal meets the intent, purpose and objective of
the buffer requirement. However, staff further recommends that the Commission and Council
rely on any testimony that may be provided from the adjacent single-family residences before
granting the alternative compliance request. See Site Specific Condition #3 below.
Internal Landscaning_ MCC 12-13-11-3 restricts linear groupings afparking spaces to 12.
The applicant has not proposed any internal islands to break up the linear groupings of
parking spaces. Therefore, internal planter islands should be constructed within the parking
area to prohibit 13 or mare continuous parking stalls. Further, each interior planter should be
landscaped with at least one tree and shall be covered with law shrubs, lawn, or other
vegetative groundcover. See Site Specific Condition #3 below.
Perimeter Landsca in :MCC 12-13-11-2 requires a minimum 5-foot wide landscape strip
along all interior lot lines that are adjacent to parking, loading, ar other paved vehicular use
areas. The applicant is proposing a 4.5 foot landscape strip between the drive aisle and the
shared property line with the City well lotto the north. In accordance with MCC 12-13-11-2,
provide a minimum S-foot wide landscape strip from the north property line and the drive
aisle (adjacent to the City well lot). See Site Specific Condition #3 below.
Existin Trees: There are several existing trees on the subject site. Any existing trees larger
than 4" caliper that are removed shall be mitigated for, as determined by the City Arbarist
(MCC 12-13-13). The applicant should work with the City Arborist, Elroy Huff, on
designing and implementing a protection/rnitigation plan. If any trees are deemed to be a
hazard, diseased or dying by the City Arbonist, prior to removal, mitigation will not be
required for those trees. See Site Specifc Condition #3 below.
3. Future Development: On the submitted plans a future pad site is shown on the eastern side
of the site. The area shown for future development should be maintained free of
combustible vegetation (weeds). This future pad site does not currently have its own lot
and a division of the property will be required prior to issuance of a building permit for a
second principal structure on this site. See Site Specific Condition #4 below.
4. Signs: The applicant is proposing an illuminated monument sign located near the intersection
of Ten Mile Road and Cherry Lane. No signs are approved with this CUP application. All
business signs require a separate sign permit in compliance with the sign ordinance. See
Site Specific Condition #5 below.
RZ-OS-008, CUP-OS-029 Walgxeens Ten Mile RZ CUP
Planning & Zoning Commission/Mayor & City Council
June 16, 2005 (Hearing Date)
Fage 14
5. Irri ation: Meridian City Code requires that this site be served with an underground
pressurized 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. If city potable water is used, a separate water meter is recommended so
the owner can avoid paying sewer fees for irrigation water. Ifnon-potable irrigation water is
not available, the applicant shall provide evidence to that effect to the Public Works
Department. See Site Specific Condition #6 below.
6- Drive~Throu :The proposed site plan shows two drive-through lanes and an escape lane an
the east side of the proposed building. Staff is supportive of the layout for the proposed
drive-through lanes and proposed traffic flow pattern for this lot, as stacking vehicles should
not interfere with internal traffic flows or traffic flows on the adjacent streets. However, the
Meridian Police Department has commented that the proposed drive through has limited
visibility from the public street. The applicant has met with Police Department staff to
discuss methods of increasing visibility to the facility and staff recommends that the
applicant provide an update at the public hearing. See Site Specific Condition #7 below.
7. Sewer and Water: Sewer is available in N Ten Mile Road. The applicant is showing, on the
proposed site plan, to tap into a sewer main in W. Cherry Lane. There is no sewer main in
Cherry Lane at this location. See Site Specific Condition #8 below.
There is currently water available in N. Ten Mile Road, W. Cherry Lane, and the private
driveway bordering the north property line. There is a city owned well house that abuts this
site with a 10-inch main running out of it. There is a 20-foot wide water and access easement
over the existing main running up to the well house. See Site Specific Condition #9 below.
SITE SPECIFIC CONDITIONS
1. The site plan prepared by Roylance and Associates, P.A., labeled C-1.1, dated 3-8-OS is
not approved as submitted. The landscape plan prepared by South Landscape
Architecture, P.C., labeled L-1.0, dated 3-11-05 is not approved as submitted. At least ten
(10) days prior to the City Council hearing, provide ten (10) full size copies of a revised
site plan (and one 8.5" x l l" copy) and landscape plan that show the requested right-of-
way dedication and reflect the other changes noted in the conditions below.
2. Prior to issuance of a Certificate of Zoning Compliance (CZC) for this site, the applicant
shall submit written documentation that includes consent from the property owner to the
north (currently Vance) to construct an off-site driveway to Ten Mile Road.
Documentation providing reciprocal cross-access for both property owners to use said
driveway shall also be provided. Further, the applicant shall approach the other property
owner to the north (Parcel No. S 1202336314) about removing the southern driveway they
have to Ten Mile Raad and utilizing the proposed shared driveway as well. If the
proposed shared driveway to the north does not get built for any reason, an all weather
RZ-OS-008, CUp-OS-029
Walgreens Ten Mile RZ CTJP
Planning & Zoning Coixunission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 15
access road must still be maintained to provide access for City of Meridian maintenance
crews to the well house.
3. The submitted landscape plan prepared by South Landscape Architecture, P.C., dated 3-11-
05 is not approved as submitted. The applicant should submit 10 full size copies and one 8.5"
x 11" copy of a revised landscape plan to the City Clerk at least 10 days prior to the City
Council hearing. The following modifications should be included in the revised plan:
a. Construct a 25-foot wide landscape buffer along Ten Mile Road anal Cherry Lane,
located entirely outside of the right-of--way. The sidewalk for Cherry Lane and
Ten Mile Road may not be counted as part of the landscape buffer width. In
accordance with MCC 12-13-10, install one tree within said buffer far every 35-
feet of frontage on the Cherry Lane and Ten Mile Road.
b. Construct a 25-foot wide landscape buffer along the east property line. The
easternmost edge of the driveway to Cherry Lane shall be located a minimum of
25-feet from the east property line, and not encroach into the landscape buffer.
Said buffer shall contain materials in accordance with MCC 12-13-12-3.
c. Replace the existing wood fence along the east property line and construct a
CMU wall, as proposed.
d. Construct a 16-foot wide landscape buffer with trees and shrubs between the
retail use and the existing home to the north, as proposed. Said landscape buffer
is approved with alternative compliance.
e. Construct internal planter islands within the parking area to prohibit 13 or more
continuous parking stalls. Each interior planter shall be landscaped with, at least
one tree and shall be covered with low shrubs, lawn, or other vegetative
groundcover (MCC 12-13-11-3).
f. Construct a minimum 5-foot wide landscape strip from the north property line
and the drive aisle (adj acent to the City well lot). Plant a minimum of one tree per
thirty-five feet and shrubs, lawn, or other vegetative groundcover within said
landscape strip (MCC 12-13-11-2).
g. The applicant shall work with the City Arborist, Elroy Huff, on designing,
adopting, and implementing a protection/mitigation plan for the existing trees on
site.
4. The area shown for future development on the submitted site plan shall be maintained
free of combustible vegetation (weeds). This future pad site does not currently have its
own lot and a division of the property will be required prior to issuance of a building
permit for a second principal structure on this site.
5. No signs are approved with this CUP application. All business signs require a separate
sign permit in compliance with the sign ordinance. 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.
~-OS-008, CUP-OS-029 Walgreens Ten Mile RZ CUP
Planning & Zoning Commission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 16
6. Meridian City Code requires that this site be served with a pressurized, underground
irrigation system. Use ofnon-potable irrigation water is required when determined to be
available by the City Public Works Department as regulated by MCC 9-1-28. If a creek
or well source is not available, asingle-point connection to the municipal water system
shall be required. If a single-point connection is used, the developer shall be responsible
for the payment of assessments for the irragable common areas prior to signature on the
final plat by the Meridian City Engineer.
7. At the public hearing, the applicant shall update the Commission on the outcome of the
meeting with the Meridian Police Department regarding means of increasing visibility to
the drive-through facility.
S. Sanitary sewer service shall be from the city of Meridian's existing systems adjacent to
the site. Upgrading of existing service lines may be necessary to provide a level of
service different from the current church use. The future pad site is being shown to be
served by a stub from an existing main in W. Cherry Lane. No sewer main exists at
this location. The applicant will be required to install any new mains that may be
required to provide service. The applicant shall coordinate main sizing and routing, for
any needed main, with the City of Meridian Public Works department, or submit
detailed design plans for how the applicant proposes to service the future pad site with
sewer.
9. Water service to this site is being proposed via an extension of service lines from water
mains located in the private drive abutting the north side of this project. The applicant
shall construct any water mains necessary to service this proposed development.
Applicant shall execute City of Meridian standard farms of easements, for any mains
that are required to provide service. Coordinate main size and routing with Public
Works.
10. Any future change of use on the property shall require conditional use permit approval.
11. Comply with the conditions and comments of all City Departments, and other agencies.
12. All required improvements must be complete prior to obtaining a Certificate of
Occupancy for the proposed development. A temporary Certificate of Occupancy maybe
obtained by providing surety to the City in the form of a letter of credit or cash in the
amount of 110% of the cast of the required improvements (including paving, striping,
landscaping, and irrigation). A bid must accompany any request for temporary occupancy.
Any temporary occupancy will not exceed GO days to complete the required
improvements.
RZ-OS-008, C[7P-OS-029 Walgreens Ten Mile RZ CUP
Planning & Zoning Commission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 17
13. If construction has not begun within 1 S months of City Council approval, a new
conditional use permit must be obtained prior to the start of development.
14. Outside lighting shall be designed and placed in such a manner as to eliminate glare and
illumination of the adjoining roadways and properties, in accordance with City Ordinance
Section 11-13-4.C.
l5. 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.
16. Applicant's (or successor's) failure to comply with any of the terms of approval of the
conditional use permit shall be cause for revocation of the conditional use permit.
OTHER AGENCY COMMENTS & CONDITIONS
MERIDIAN PUBLIC WORKS DEPARTMENT
All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2. 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.
3. It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
4. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
5. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
6. All grading of the site shall be performed in conformance with MCC 11-12-3H.
RZ-OS-008, CUP-05-029 Walgreens Ten Mile RZ CUP
Planning & Zoning Commission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 18
7. Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
8. Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domesticpurposes such as landscape irrigation.
9. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
ar lying adjacent and contiguous to the area being subdivided shall be tiled per City
Ordinance 12-4-13 . Plans shall be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval ornon-approval submitted to
the Public Works Department. If lateral users association approval can't be obtained, plans
shall be reviewed and approved by the meridian City Engineer prior to final plat signature.
10. Please submit all updatedgroundwater/soils monitoring data to the Public Works Department
fox review. Any drainage areas (detention/retentionbosins) must be designed to ensure that
water is retained only during 100-yean 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 studies 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. This is to ensure that the bottom elevation of the crawl spaces of homes is at least
1-foot above.
11. One hundred watt, high-pressure sodium streetlights shall 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
to commencing installations.
MERIDIAN PARKS DEPARTMENT
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 standand established
in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed.
MERIDIAN FIRE DEPARTMENT
l . 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.
RZ-OS-008, CUP-OS-029 Walgreens Ten Mile RZ CUP
Planning & Zoning Cornmission/Mayor & City Council
June 16, 2005 (Hearing Date)
Fage 19
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %2" 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 1$" 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. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside
and shall have a clear driving surface which is 20' wide.
S. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section D103.6 Signs.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
8. 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.
9. Commercial and office occupancies will require afire-flow consistent with the International
Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
10. The 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 2612 responses in the year 2004. According to a report completed by Fire &
Emergency Services Consulting Group our requests for service are projected to reach 2800 in
the year 2005 and 3800 by the year 2010.
11. Maintain a separation of 5' from the building to the dumpster enclosure.
12. Provide a Knoxbox entry system for the complex prior to occupancy.
RZ-OS-008, CUP-OS-029 Walgreens Ten Mile RZ CUP
Planning & Zoning Commission/Mayor & City Council
June 16, 2005 (Hearing Date)
Page 20
13. All aspects of the building systems (including exiting systems), processes & storage practices
shall be required to comply with the International Fire Code.
14. Provide exterior egress lighting as required by the International Building & Fire Codes.
15. 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, an-site fire
hydrants and mains shall be provided where required by the code aflicial. 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).
16. There shall be a fire hydrant within 100' of all fire department connections.
17. This project has no fire department concerns.
MERIDIAN POLICE DEPARTMENT
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.
SANITARY SERVICES COMPANY
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.
RECOMMENDATION
Staff recommends approval of RZ-OS-008 and CUP-05-029 with a requirement for a
development agreement and the aforementioned conditions.
RZ-OS-008, CIJP-05-029 Walgreens Ten Mile RZ CUP
CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT
•• DISTRICT
i~'1'HEALTH Environmental Health Division
DEPARTMENT
Rezone # ~ Z GAS ~-_d Qc~ _
Conditional Use # ~ [.L/c ~,.z - U~ ~ __..~
Preliminary /Final /Short Plat
.r 1 s zoos
^,.
^2.
^3.
^ 4,
We have No Objections to this Proposal.
We recommend Denial of this Proposal.
Cify of Meridian
City Clerk office
Return to:
^ Boise
^ Eagle
^ Garden City
~~Juleridian
^ Kuna
^ ACz
^ Star
Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedrock from original grade ^ other
^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
^ central sewage ^ community sewage system ^ community water well
^ interim sewage ^ central water
^ individual sewage ^ individual water
^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
^ 10. Run-off is not to create a mosquito breeding problem.
^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
^ 13. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
^ 14.
15.
Please see attached stormwater management recommendations
Q
Reviewe
Date: ~-~ ~~
d By: ~ --
Review Sheet
15726-OOtEH0904
City of Meridian
City Clerk Office
~.
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-.4395
FAX # 208-4b3-0092
25 May, 2005
William G. Berg Jr., City Clerk
City of Meridian
_ _ -•- ---
33 East Idafio Ave. - - ~_-_ -- _ -._- _ __
Meridian, ID 83642
RE: CUP OS-029/Walgreens
Dear Will:
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
If all storm drainage is retained on-site there will be na impact on. Nampa & Meridian
Irrigation District and no further review will be required.
However, if any surface drainage leaves the site, the Nampa & Meridian. Irrigation District
requires that a Land Use Change Application is filed for review prior to fznal platting. please
contact Donna Moose at 466-7861 for further information.
All laterals and waste ways must be protected. The developer must comply with Idaho Code
31-3805. It is recommended that imigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
Sincerely,
,Bill Henson
Asst. Water Superintendent
Nampa & Meridian Irrigation District
BH/dbg
C: A. Damberger
File -Office/Shop
APPRC)XIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
RFCEIV~~
JUN - 2 2005
City of Meridian ~ O
City Clerk Office
1503 FIR57 STREET 50UTH NAMPA, IDAHO 83b51-4395
FAX # 208-4b3-0092
Phones: Area Code 208
Attn: Kelly Kehrer
Roylance & Associates
391 W. State Street, Suite E
Eagle, ID 83616
OFFICE: Nampa dbb-7861
SHOP: Nampa 4bb-Obb3
RE: Land Use Change Application - Walgreens -- - ,- __:.__ -
Please note the District now re uires three 3 sets of lans
Dear Ms. Kehrer:
Enclosed please find a land Use Change Application for your use to file with the Irrigation
District for its review on the above-referenced development. If this development is under a
"rush" to be finalized, (would recommend that you submit a cashier's check, money order or
cash as payment of the fees in order to speed the process up. If you submit a company or
personal check, it must clear the bank before processing the application.
Should this development be planning a pressure urban irrigation system that will be owned,
operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P.
Anderson, Water Superintendent for the Irrigation District, concerning the installation of the
pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate
the process of contractual agreements between the owner or developer and the Irrigation
District for the ownership, operation and maintenance of the pressure urban irrigation system.
If you have any questions concerning this matter, please feel free to call on me at the District's
office, or John P. Anderson, at the District's shop.
Sin rely,
Donna N. Moore, Asst. 5ecretary/Treasurer
NAMPA & MERIDIAN IRRIGATION DISTRICT
DNM/smc
cc: File
Water Superintendent
Will Berg, City Clerk, Meridian City
Attn: Jessica Aguilar, Hawkins Companies, 8645 W. Franklin Rd., Boise, ID 83709
Attn: Robert Kyle, Skinner Fawcett; Idaho Conference of Seventh Day Adventists, Inc.,
7777 Fairview Avenue, Boise, ID $3704
enc.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
26 May 2005
SETTLERS" IRRIG/~TI~N DISTRICT ~~~Y
• ~_ r') ^
~ o. pox 7571 rolsr__, i~~H~ ~.~70 > >, I
i'HONf-. 344-Z47 I FnX: 343- 1642 '' `
May 16, 2005 ~ ~ ~ ~' V [~
°~~~~ ~ ~ ~d~a~
City of Meridian
City Clerk Office
Kelly Kehrer
Roylance & Associates
391 W. State Street, Suite E
Eagle, ID 83616
Re: CUP OS-029 Walgreens
Dear Kelly:
After review of the Preliminary Plat of the above-mentioned application Settlers Irrigation
District requests the following:
1. All irrigation/drainage facilities along with their easerrients must be protected and
continue to function. The facility involved is the Settlers Canal (40' easement) located
along the south boundary of the property.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any S.T.D.
facilities, or within its easements.
4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping
must be approved by Settlers Irrigation District.
5. All storm drainage must be retained an-site.
If you have any questions please ca11343-5271.
Sincerely,
- ~~?'`~
Nathan Draper, Manager
Settlers Irrigation District
Enclosures
Cc: Will Berg, City of Meridian (w/o enclosures)
Scott Campbell (w/o enclosures) .
CUP 05~-029
MERIDIAN PLANNING 8~ ZONING MEETING JUIy 7, 2005
APPLICANT Hawkins Companies ITEM NO. ~ 3
REQUEST Continued Public Hearing from June 16, 2005 -Conditional Use Permit for a
14,490 square foot retail pad with dual drive thru for the pharmacy on 2.61 acres in a
proposed C-G zone for Walgreens - 3150 West Cherry Lane __
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
COMMENTS
See Previous Item Packet /Minutes
See attached staff report -REVISED
See attached comments
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Contacted: .~, `- Date: `~ (r ~S Phone:
Emailed: LCC~. 0. ~~~eo(~ C~- staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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STAFF REPORT: Re-Transmittal Date: ~ne-g June 30, 2005
Continued Hearing Date : ~FrJuly 7, 2005
To: Mayor, City Council and Planning & Zoning Commission `~ -°~ " _.,
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From: Craig Hood, Associate City Planner C '~ "
Michael Cole
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Re: Wal reens on Ten Mile Road REVISED
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Request for a Rezone of 3.2 acres from R-4 (Low Density Residential) to C-
G (General Retail and Service Commercial), by Hawkins Companies (File
No. RZ-OS-Op8).
Request for a Conditional Use Permit for a New 14,490 Square-Foot
Retail/Pharmacy Building with Two Drive-Through Lanes in a Proposed C-G
Zone, by Hawkins Companies (File No. CUP-OS-029).
We have reviewed these submittals and offer the following comments and conditions of the applicant.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council:
APPLICATION SUMMARY
These applications were previously heard at the June I6, 2005, Planning & Zoning Commission
meeting. The Commission voted to continue the public hearings on the subject applications to
July 7, 2005, so the applicant could obtain consent from the property owner to the north (Vance)
for the proposed of)'=site driveway. As of the print deadline, the applicant has notified staff that
they do not have a written agreement from Mr. Vance, but did obtain a verbal agreement. The
applicant intends to have a written agreement from Mr. Vance prior to the hearing on July 7`h.
In addition to access, the Commission's discussion at the June 16`h hearing focused on the hours
of operation for this business and screening of adjacent properties Staff has made a few minor
changes to the staff report. These changes are primarily based on the revised site plan prepared by
Hawkins Companies, dated June 7, ,2005. In summary, the revised plat has been modified to show
additional right-af-way dedication for Ten Mile Road and Cherry Lane, wider landscape buffers
to the north, east and along Ten Mile Road and Cherry Lane, and now depicts aright-in~right--out
only driveway to Cherry Lane. New information within the report has been written in bold letters
and has been italicized; parts of the report to remove have been ,
R~-OS-008, CUP-OS-029 Walgreens Ten Mile REVISED R,Z CI1I'
Plaauling & Zoning Commission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 2
The applicant, Hawkins Companies, has requested rezone approval of 3.2 acres currently zoned R-4
to C-G. The applicant also requests a conditional use permit (CUP) to operate dual dz-ive-through
lanes for a new retail/pharmacy building. The subject site is located on the northeast coraaer of Ten
Mile Road and Cherry Lane. There is currently a church on this site that the applicant intends to
remove. The Comprehensive Plan Future Land Use Map depicts the subject property as
Public/Quasi-Public.
Retail uses are principally permitted uses in the requested C-G zone. However, drive-through lanes
require CUP approval in all commercial zoning districts. The applicant is proposing to construct two
drive-through lanes on the east side of the 14,490 square-foot retail building.
Staff recommends approval of the subject rezone request (RZ-OS-00$) and conditional use permit
(CUP-OS-029) with the conditions listed herein.
LOCATION & SURROUNDING USES
The subject property is located on the northeast corner of Ten Mile Road and Cherry Lane in Section
2, Township 3 North, Range 1. West. The following uses surround the subject property:
North -Two single-family homes, zoned R-4; Well site, zoned R-4
South -Bank and medical offices, zoned L-O.
East - Single-family homes in Sunburst Subdivision, zoned R-4.
West - Medical off ces, zoned R-4.
OWNER OF RECORD
The owner of record is the Idaho Conference ofSeventh-day Adventists, Inc. and Donald Klinger, a
registered agent has given consent for Hawkins Companies, LLC, to submit the requested
applications.
STANDARDS FOR ZONING AMENDMENT
Because the analysis below applies both to the proposed use and the proposed zoning, staff has
combined the analysis of use with the annexation and zoning findings.
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following 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 2002 Comprehensive Plan Future Land Use Map designates the subject
property as "Public/Quasi-Public." Public, Quasi-Public, and Open Space areas are
designated to preserve and protect existing private, municipal, state, and federal lands for
Rz-05-008, CUP-OS-029 Walgrecns Ten Mile 1~EVISEI7 RZ CUP
Planning & Zoning Cominission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 3
area residents and visitors (Page 99, Comprehensive Plan). However, the Comprehensive
Plan was recently amended with Resolution No. 04-454, which states that upon
redevelopment of properties designated for public, quasi-public, and open space, a change in
designation and use may be appropriate. The redevelopment of these areas should be guided
by the intensity of the existing use, the underlying zoning of the property, the surrounding
land uses, the location of the property, and transportation issues associated with floe proposed
development of the property. The appropriate land use designation and accompanying zoning
for these areas will be determined by City Council on a case by case basis. Staff has included
analysis within this staff report regarding all of the factors required to be evaluated with.
Resolution No. 04-454 (i.e. -intensity of use, zoning, surrounding uses, location,
transportation).
While the Comprehensive Plan Future Land Use Map does not explicitly support a
commercial zoning of this property, staff finds that there are several Comprehensive Plan
policies that support evaluating this site for a zone not specifically envisioned by the Map
(see below).
"The Meridian Comprehensive Plan is an official policy guide for decisions
concerning the physical development of the community. It indicates, in a general
way, haw the community may develop in the next five to ten years." (Chapter I,
Section S of the Comprehensive Plan)
Furthermore, in Chapter VII, Section C, "Future Conditions" states the following:
".Figure VII-2 [The Comprehensive Land Use Map] depicts desired future land use
categories and their location within the Impact Area. The areas depicted on the map
aze conceptual and, therefore, will require further analysis prior to the creation of a
zoning map."
Staff believes that the public/quasi-public designation was placed on this property in 2002
when the Comprehensive Plan was adopted because it was ~irnctioning as a church. The
Comprehensive Plan did not originally anticipate any churches redeveloping with non-
public/quasi-public uses; Resolution No. 04-454 does accommodate for redeveloping
churches. Further, the other three corners of the Ten Mile Road/Cherry Lane intersection
have developed with non-residential uses. Due to the development patterns of the
surrounding area, staffbelieves it would be appropriate to extend the commercial designation
from the southwest (Albertson's) to this property. Staff further finds that a commercial
zone/use could harmoniously co-exist with the residential uses to the north and east as well
as the commercial uses to the south, west and southwest. However, due to the close
proximity of the single-family homes, staff is recommending that any future use on this site
be required to obtain CUP approval (see Special Considerations and Zoning Amendment
Comments sections of this report for further analysis).
17Z-OS-008, CLIP-OS-029 Walgreens Ten Mile REVISED RZ CUP
Plamling & Zoning Commission/Mayor & City Council
July 7, 2005 (Hearing Date)
Fage 4
The applicant has requested C-G zoning (Genera] Retail and Service Commercial District)
for this property. The purpose of the C-G zone is to "provide for conunercial uses which are
customarily operated entirely or almost entirely within a building; to provide for a review of
the impact ofproposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need oftravel-related
services as well as retail sales Far the transient and permanent motoring public." MCC 11-7-2
S'tafffznds that the requested C-G zoning designation and subsequent retail z~se with a drive-
through is consistent with the definition of the zone.
Staff believes that the quasi-public area that will be converted to corxnnercial with the
approval of this application will be relocated to Black Cat Road where the church intends to
construct a new building. The church has submitted an annexation application to the City
requesting that 5 acres of land located on Black Cat Road, south of Cherry Lane, be annexed
and zoned to L-O for a new church (AZ-05-024). Staff believes that if both zoning
amendments are approved, the designated public/quasi-public area designated on the Future
Land Use Map for this site will be preserved, just in an area approximately one mile to the
west.
Staff also finds the following Goals, Objectives, and Action items contained in the 2002
Comprehensive Flan to be applicable to this application (staff analysis is in italics below
policy):
• "Restrict curb cuts and access points on collectors and arterial struts." (Chapter VII,
Goal N, Objective D, Action item 2)
On the submitted site plan, the applicant is proposing direct access to Cherry Lane
and Ten Mile Raad, both arterial streets. The ACRD has tentatively approved aright-
in/right-out only access to Cherry Lane and a full access to Ten Mile Road. The full
access approval to Ten Mile Road is conditioned on the applicant obtaining consent
from the property owner to the north (Vance) to construct a portion of the driveway
on his property. See comments from ACHD and Special Considerations in the
Conditional Use Permit section of this report for further analysis.
"Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item
4)
By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Cherry
Lane and Ten Mile Road (MCC 12-13-10-4).
:rr~- ~ w~„•~~ a ~ -- -. Twenty-five foot wide buffers,
exclusive of right-of--way, should be constructed adjacent to the arterial streets.
.Please see
Special Considerations in the Conditional Use Permit section of this report for
RZ-OS-008, CUP-OS-029 Walgreens Ten Mile REVISED RZ CUP
Plaluaing & Zoning Comlrlission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page S
• further analysis.
• "Require all commercial businesses to install and maintain landscaping." (Chapter V,
Goal III, Objective D, Action item 5)
.In order to operate a commercial business on this site, the applicant will be required
to construct landscaping along Ten Mile Road, Cherry Lane, adjacent to the single-
family residences, and internally. The applicant has asked for an alternative to
compliance with the standard 25-foot wide landscape buffer requirement to the north.
Please see Special Considerations in the Conditional Use Permit section of this
report for further analysis.
• "Require that development projects have planned for the provision of all public services"
(Chapter VII, Goal III, Objective A, Action items 1 and 4)
On May Z7, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. 1'n that meeting no deficiencies
of public services to serve this property were raised.
• "Plan for a variety of commercial and retail opportunities within the Impact Area."
(Chapter VII, Goal 1, Objective S)
Staff believes that the proposed zone does contribute to the variety of uses in this
area.
Sta fffinds that the new zoning to C-G can be harmonious with and in accordance with
the Com rehensive Plan as amended b Resolution No. 04-454 i the a licant enters
into a develo meat a reement and all the conditions o a raval or the concurrent
conditional use ermit are com lied with. Sta recommends that the Commission and
Council rel on sta 's anal sis other a enc /de artment comments and an other
comments received re ardin the a ro riateness o zanin this site or commercial
uses.
13. Is the area included in the zoning amendment intended to be re-zoned in the future;
Staff finds that the proposed re-zone and accompanying development plans generally comply
with the requested zone and staff does not anticipate that the property will be rezoned in the
future.
C. Is the area included in the zoning amendment intended to be developed in the fashion
that would be allowed under the new zoning-for example, a residential area turning
into a commercial area by means of conditional use permits;
RZ-OS-008, CUP-DS-029 Walgrcens Ten Mile REVISED RZ CUP
Planning & Zoning Conunission/Mayor & City Council
7uly 7, 2005 (Hearing Date)
Page 6
Retail uses are principally permitted (allowed) in the requested C-G zone. However, drive-
in/drive-through establishments require CUP approval in all commercial zoning districts of
the City (MCC l 1-8-1). Staff ;Ends that the applicant has concurrently submitted detailed
development plans for a Conditional Use Permit for the proposed dual drive-through lanes
with the rezone request. Staff fixrther finds that the proposed retail use with adrive-through
will only be allowed with the approval of the requested CUF (CUP-OS-029).
D. Has there been a change in the area or adjacent areas which may dictate that the
area should be rezoned. For example, have the streets been widened, new railroad
access been developed or planned or adjacent area being developed in a fashion
similar to the proposed rezone area;
The arterial streets adjacent to this site have been widened to >Fve lanes adjacent to this site.
Ten Mile Road, from Franklin Road to Ustick Road, is currently within ACHD's Five-Year
Work Program for reconstruction. Staff finds that the other three confers have been
developed in a fashion similar (non-residential) to the proposed development. Further, the
recent annexation and zoning of several residential subdivisions in this area have made the
current church building too small for the growing congregation. Staff finds that these factors
dictate that the subject property be rezoned and developed commercially.
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 has included conditions related to design, construction,
operation and maintenance that staff believes will allow the proposed use(s) to be consistent
with the existing character of the general vicinity. Staff believes that the character of the area
will change with the approval of the subject applications; however, staff believes that the
change is appropriate.
F. Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that a 24-hour drive-through pharmacy may be disturbing to the existing residents
in the area. However, if landscape buffers and access points are installed, and the hours of
operation are limited, staff finds that the requested rezone and subsequent commercial uses
and drive-through should not be disturbing to the existing or future neighboring uses. To
ensure that any future use on this site will not be hazardous or disturbing, any future change
of use on the property will also require conditional use permit approval, and adjoining
property owners will have an opportunity to comment (see Zoning Amendment Comments
section of this report). The Commission and Council should consider all,public testimony,
RZ-OS-008, CUP-OS-029 Walgreens Ten Mile REVISED RZ CUP
Plaiming & Zoning Commission/Mayar & City Council
July 7, 2005 (Hearing Date)
Page 7
oral and written, before making this finding.
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;
On May 27, 2005, a joint agency/department comments meeting was held with
representatives ofkey service providers to this property. Based on the joint
agency/department meeting and other cornxnents received from agencies/departments,
staff finds that the public services listed above can be made available to accommodate the
proposed development. The Commission and Council should reference any written and/or
verbal testimony submitted by any public service provider, regarding their ability to
adequately service this project.
Sanitary sewer and water are currently available to this site. Water mains are located in
bath Ten Mile Road, and W. Cherry Lane. Sewer mains are located in N. Ten Mile Road.
The applicant and/ar future property owners will be required to pay any applicable park
and highway impact fees as well as construct on-site storm water drainage facilities.
Staff finds that the proposed uses can be adequately served by all essential public services
and facilities.
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;
Stafffinds that the requested zoning/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.
1. 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;
If the subject rezone application is approved, the applicant intends to construct a retail
building with adrive-through and a future retail/bank building on this site. Based on the
traffic impact study prepared for this development, the site is anticipated to add 1,115 new
vehicle trips to the road network at full build out. Staff finds that the proposed use and zone
will generate additional traffic on adjacent roadways above and beyond the existing church.
Staff recognizes that traffic and noise will increase with the approval of this development;
however, staff does not believe that the amount generated will be detrimental to the general
welfare of the public.
RZ-OS-008, CUP-OS-029 Walgreens Ten Mile REV]S1rD RZ CUP
Plaluling & Zoning Colmnission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 8
Staff does not anticipate the proposed zone and subsequent use(s) will create excessive
noise, smoke, fumes, glare, or odors. If all conditions of approval are complied with,
staff finds that the proposed zoning/use should not be detrimental to people, property or
the general welfare of the area.
J. Will have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets;
On June 8, 2005, the ACHD Board of Commissioners approved two vehicular access points
for this site. Although neither of the access points meets the Distri.ct's policy for location, the
Board approved aright-in/right-out driveway to Cherry Lane and a full access driveway to
Ten Mile Road. Staff finds that the approved vehicular approaches to tlae property should not
interfere with general traffic patterns on the adj acent public streets. Please refer to the ACHD
report for more details on access to this property.
The proposed site plan shows twa drive-through lanes and an escape lane on the east side of
the proposed building. Staff is supportive of the layout for the proposed drive-through lanes
and proposed traffic flow pattern for this lot, as stacking vehicles should not interfere with
internal traffic flaws or traffic flows on the adjacent streets.
K. Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance.
Staff is unaware of any natural of scenic features of major importance on this site and
finds that no natural or scenic features of major importance will be lost ar damaged by
approving the rezone application.
L. Is the proposed zoning amendment in the best interest of the City;
In accordance with the findings listed above, staff finds that the ro osed zonin of this
property would be in the best interest of the Cites _
SPECIAL CONSIDERATIONS (Rezone
Future Develo ment: As noted in the findings above, there are several single-family
residences in close proximity to this site. To ensure that future uses on this site will not be
hazardous or disturbing, any future change of use on the property should require
conditional use permit approval, allowing adjoining property owners an opportunity to
comment. By requiring all uses to obtain CUP approval prior to construction/operation,
staff believes that some uses that are principally permitted in the C-G zone but may not be
appropriate for the neighborhood will not be allowed.
Hours of Operation: The applicant has not indicated the desired hours of operation for this
site within the application packet. Because there are several single-family homes in the
RZ-OS-008, CUP-OS-029 walgreens Ten Mile REVISED RZ CUP
Planning & Zoning Commission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 9
vicinity, staff believes that the hours of operation for businesses on this site should be limited
to 6 a.m. to 10 p.m.
ZONING AMENDMENT COMMENTS ezone
1. The subject property is within the Urban Services Planning Area. The .Public Works
Department has confirmed that the submitted legal description meets the requirements of the
City of Meridian and the Idaho State Tax Commission.
2. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered
into between the City of Meridian, property owner (at the time of annexation ordinance
adoption), and the developer. The a licant shall contact the Ci Attorne Bill Na at
888-4433 to initiate this~rocess The DA shall incorporate the following:
• That na building or other structure shall be erected, moved, added to or structurally
altered, nor shall any building, structure ar land be established or changed in use without
a Certificate of Zoning Compliance (CZC).
• That all future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare ar odors.
• That all future uses on the property shall be required to obtain a Conditional Use Permit
prior to construction operation.
• That the hours of operation on this property shall be limited to 6 a.m. to 10 p.m.., unless
otherwise modified through a future Conditional Use Permit.
• That vehicular access to this site shall be restricted to those approved by ACHD and
the City.
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit
if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking, landscaping and other features as may be required by this ordinance;
All proposed building setbacks meet the minimum standards outlined in Titles 11,
Meridian City Code.
City Ordinance requires one (1)off-street parking space per 200 square feet of retail use. The
proposed retail building is 14,490 square feet. Thus, the project requires seventy-two (72)
spaces for the retail use; 80 spaces are proposed. .
The required landscape buffer between the proposed retail use and the residences to the north
RZ-OS-008, CUP-OS-029 Walgreens Ten Mile REVISED RZ CUP
I'lallliing & Zoning Cominission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page ] 0
and east is 25-feet. A 2S-foot wide buffer is
proposed to the east. Meridian City Code requires that within three (3) years, sixty percent
(60%) ar more of the vertical surface is closed and prevents the passage of vision through it.
The applicant is requesting alternative compliance to the required landscape buffer to the
north (see Special Considerations below). The applicant originally proposed to retain the
wood fence along the east boundary. At the neighborhood meeting, an adjacent neighbor,
stated that the three residences to the east would prefer to have a CMU wall. The applicant
has agreed to replace the existing wood fence and construct a CMU wall along the east
property line, up to the well lot.
Staff finds that the subject property is large enough to accommodate the required yards
(setbacks), open spaces, parking, landscaping and other features required by the ordinance for
retail uses. However, the applicant is requesting alternative compliance far the land use
buffer to the north.
C. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
Please see Standards for Zoning Amendment "A". The proposed site plan shows two
drive-through lanes and an escape lane on the east side of the proposed building. Staff is
supportive of the layout for the proposed drive-through lanes and proposed traffic flow
pattern for this lot, as stacking vehicles should not interfere with internal traffic flows or
traffic flows on the adjacent streets. Staff finds that if the applicant complies with all
conditions of approval noted in this report, the development will be harmonious with the
Meridian Comprehensive Plan and in accord with the requirements of the Zoning
Ordinance.
D. 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; _
Please see Standards for Zoning Amendment "A".
E. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
if the applicant complies with all conditions of approval, staff does not anticipate that the
proposed development will have an adverse impact on other property in the vicinity.
However, the Commission and Council should consider any and all testimony given at
the public hearings before making this finding.
F. That the proposed use will be served adequately by essential public facilities and
RZ-05-008, CUP-05-029 Walgreens Ten Mile REVISED RZ CUP
Planning & Zoning Colnrnission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 11
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;
Please see Standards for Zoning Amendment "G".
G. 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;
Please see Standards for Zoning Amendment "H".
H. 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;
Please see Standards for Zoning Amendment "I".
I. 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;
Please see Standards for Zoning Amendment "J".
J. 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 does not believe that the proposed development will result in the destruction, loss or
damage of a natural, scenic or historic feature of major importance.
SPECIAL CONSIDERATIONS
1. Vehicular Access: ACHD policy requires driveways on arterials to be located a minimum of
440-feet from a signalized intersection for full access. Right-in/right-out driveways maybe
allowed at 220-feet from a signalized intersection. Beyond the intersection offsets, driveways
are required to align, or offset a minimum of 150-feet. The applicant is proposing to
construct one full access driveway to Ten Mile Road and one full access driveway to Cherry
Lane.
There is currently a gravel driveway on Ten Mile Road, near the north property line, that the
property owner to the north (Vance) and the City use (well site). The applicant is proposing
to construct a full access driveway in this location. The applicant has not provided the City
with documentation stating that Vance has consented to this shared driveway. Staff supports
RZ-OS-008, CUP-OS-029 Walgrcens Ten Mile REVISED RZ CUP
Planning & Zoning Commission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 12
a shared driveway for the properties in the area, provided the applicant can obtain consezat
from the property owner to the north to construct the driveway off-site and obtain cross-
access. There is another driveway just north of the gravel driveway that is used by Parcel No.
51202336314. This is a circular driveway used by the White family. Staff further
recommends that the applicant approach the other property owner to the north (currently
White, Parcel No. S 1202336314) about removing the southern driveway they have to Ten
Mile Road and utilizing the proposed shared driveway as well. See Site Specific Condition
#2 below.
NOTE: Neither proposed driveway meets ACRD policy for location. However, ACRD has
approved a full access to Ten Mile Raad as proposed, and aright-in/right-out access to
Cherry Lane with modifications to their policy. The Cherry Lane access is conditioned on the
applicant installing a center median in Cherry Lane to restrict left turning movements. The
Ten Mile Road access is contingent upon the applicant submitting written docu~nentation
from the property owner to the north consenting to driveway and cross access. If a cross-
access easement and consent can not be obtained, then the applicant will need to submit
revised drawings and the driveway location and function will be re-evaluated by ACHD. (See
ACHD report for further information).
2. Landsca in
Street Buffers: The applicant is required by ACHD to dedicate 54-feet ofright-of--way for
Ten Mile Road and an additional 6-feet ofright-of--way for Cherry Lane. On each leg of the
intersection ACRD needs 108-feet of right-off way to reconstruct the intersection with dual
left turn lanes. Between 35 and 45-feet ofright-of--way currently exist for Ten Mile Road
abutting this site, and approximately 40-feet ofright-of--way exist for Cherry Lane. Sidewalk
currently exists an both abutting arterial streets. Staff recommends that the applicant be
required to comply with the ACHD's requirements forright-of way dedication (or providing
sidewalk/utility easements in lieu of right-of way).
The applicant is proposing a X925-foot wide buffer along Ten Mile Road and a X925-foot
wide landscape buffer along Cherry Lane. MCC 12-13-1.0-4 requires a 25~foot wide
landscape buffer along Ten Mile Road and CherryLane, both arterial streets. MCC 12-13-10-
6 requires street buffers to be planted with trees and shrubs, lawn, or other vegetative
groundcover, with a minimum density of one tree per 35 linear feet. A 25-foot wide
landscape buffer, located entirely_outside of the_ri t-of-way and not includin tg he width of
the sidewalk should be rovided aloe Ten Mile Road and Che Lane. Landscaping and
sidewalks adjacent to Ustick Road should be constructed in compliance with MCC 12-13-10.
,the applicant should submit 10
copies of a revised site plan and landscape plan at least 10 days prior to the City Council
hearing an this project. See Site Specific Conditions #1 and #3 below.
Land Use Buffers: MCC 12-13-12 requires landscape buffers between different land uses.
RHOS-008, CUP-OS-029 Walgreens Ten Mile REVISED RZ CUP
Plamiing & Zoning Comzrlission/Mayor & City Council
ruly 7, 2005 (Hearing Date)
Page 13
Per MCC 12-13-12-4, a 25-foot wide landscape buffer is required between general retail
(Class N) and single-family homes (Class x). Meridian City Code 12-13-12-2 requires the
land use buffer to be provided by the higher intensity use and to be located on the building
site of the higher intensity use.
The applicant is proposing to construct a 25-foot wide buffer and a 6 foot tall CMU wall
along the east property line.
. The easternmost edge of the driveway to
Cherry Lane should be located a minimum of 25-feet from the east property line. Said buffer
should contain materials in accordance with MCC 12-13-12-3. See Site Specific Condition
#3 below.
The applicant is requesting alternative compliance for the land use buffer to the north. MCC
12-13-1$ allows landscape proposals which conform to the purpose, intent, and objectives of
the landscape regulations to be approved. The applicant originally proposed a 7-foot wide
buffer with some trees and shrubs between the retail use and the existing home to the north.
Since the original site plan submittal, the applicant has removed the bank of parking stalls at
the north end of the site plan and is now proposing a 16-foot wide landscape buffer with
seven Maple trees and other shrubs. This buffer is proposed because the additional right-of-
way required by ACRD and the space limitations of this site (see letter from the applicant).
There are existing easements for power, water and access within the proposed landscape
area. All landscape materials within the buffer area should not interfere with the power and
water easements. Staff is recommending that the applicant be granted alternative compliance
for a reduced buffer width because the proposal meets the intent, purpose and objective of
the buffer requirement. However, staff further recommends that the Commission and Council
rely on any testimony that may be provided from the adjacent single-familyresidences before
granting the alternative compliance request. See Site Specific Condition #3 below.
Internal Landsca in :MCC 12-13-11-3 restricts linear groupings of parking spaces to 12.
The applicant has not proposed any internal islands to break up the linear groupings of
parking spaces. Therefore, internal planter islands should be constructed within the parking
area to prohibit 13 or more continuous parking stalls. Further, each interior planter should be
landscaped with at least one tree and shall be covered with law shrubs, lawn, or other
vegetative groundcover. See Site Specific Condition #3 below.
Perimeter Landsca~ing_ MCC 12-13-11-2 requires a minimum 5-foot wide landscape strip
along all interior lot lines that are adjacent to parking, loading, or other paved vehicular use
areas.
. In accordance with MCC 12-13-11-2,
provide a minimum 5-foot wide landscape strip from the north property line and the drive
aisle (adjacent to the City well lot). See Site Specific Condition #3 below.
Existin Trees: There are several existing trees on the subject site. Any existing trees larger
RLr05-008, CUP-OS-029 Walgreens Ten Mile REVISER RZ CUP
Planning & Zoning Coinrnission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 14
than 4" caliper that are removed shall be mitigated for, as determined by the City Arborist
(MCC 12-13-13). The applicant should work with the City Arborist, Elroy Huff, on
designing and implementing aprotection/mitigation plan. If any trees are deemed to be a
hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be
required for those trees. See Site Specific Condition #3 below.
3. Future Development: On the submitted plans a future pad site is shown on the eastern side
of the site. The area shown for future development should be maintained free of
combustible vegetation (weeds). This future pad site does not currently have its own lot
and a division of the property will be required prior to issuance of a building permit for a
second principal structure on this site. See Site Specific Condition #4 below.
4. S_~ s: The applicant is proposing an illuminated monument sign located near the intersection
of Ten 1VTile Road and Cherry Lane. No signs are approved with this CUP application. All
business signs require a separate sign permit in compliance with the sign ordinance. See
Site Specific Condition #S below.
5. hx~i ag tion: Meridian City Code requires that this site be served with an underground
pressurized 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. If city potable water is used, a separate water meter is recommended so
the owner can avoid paying sewer fees far irrigation water. Ifnon-potable irrigation water is
nat available, the applicant shall provide evidence to that effect to the Public Works
Department. See Site Specific Condition #6 below.
6. Drive-Through: The proposed site plan shows two drive-through lanes and an escape lane on
the east side of the proposed building. Staff is supportive of the layout for the proposed
drive-through lanes and proposed traffic flow pattern for this lot, as stacking vehicles should
not interfere with internal traffic flows or traffic flows on the adjacent streets. However, the
Meridian Police Department has commented that the proposed drive through has limited
visibility from the public street. The applicant has met with Police Department staff to
discuss methods of increasing visibility to the facility and staff recommends that the
applicant provide an update at the public hearing. See Site Specific Condition #7 below.
7. Sewer and Water: Sewer is available in N Ten Mile Road. The applicant is showing, on the
proposed site plan, to tap into a sewer main in W. Cherry Lane. There is no sewer main in
Cherry Lane at this location. See Site Specific Condition #8 below.
There is currently water available in N. Ten Mile Road, W. Cherry Lane, and the private
driveway bordering the north property line. There is a city owned well house that abuts this
site with a 10-inch main running out of it. There is a 20-foot wide water and access easement
over the existing main running up to the well house. See Site Specific Condition #9 below.
RZ_OS-008, CUP-05-029 Walgreens Ten Mile REVISED 1ZZ CUP
I'lalu~ing & Zaning Co>,mnission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 15
SITE SPECIFIC CONDITIONS
1. The site plan prepared by
> •~ -
~ Ilawkins Companies, labeled ID-b92E, dated 6-7-OS is approved as submitted. The
landscape plan prepared by South Landscape Architecture, P.C., labeled L-1.0, dated 3-
11-05 is not approved as submitted. At least ten (10) days prior to the City Council
hearing, provide ten (10) full size copies of a the revised site plan (and one 8.5" x 11"
copy) and a revised landscape plan that show the requested right-off way dedication and
reflect the other changes noted in the conditions below.
2. Prior to ' ~ ~ ,City Council
action, the applicant shall submit written documentation that includes consent from the
property owner to the north (currently Vance) to construct. an off-site driveway to Ten
Mile Raad. Documentation providing reciprocal cross-access for both property owners to
use said driveway shall also be provided. Further, the applicant shall approach the other
property owner to the north (Parcel No. S 1202336314) about removing the southern
driveway they have to Ten Mile Road and utilizing the proposed shared driveway as well.
If the proposed shared driveway to the north does not get built for any reason, an all
weather access road must still be maintained to provide access far City of Meridian
maintenance crews to the well house.
3. The submitted landscape plan prepared by South Landscape Architecture, P.C., dated 3~11-
OS isnot approved as submitted. The applicant should submit 10 full size copies and one S.5"
x 11" copy of a revised landscape plan to the City Clerk at least 10 days prior to the City
Council hearing. The following modifications should be included in the revised plan:
a. Construct a 25-foot wide landscape buffer along Ten Mile Road and Cherry Lane,
located entirely outside of the right-of--way. The sidewalk for Cherry Lane and
Ten Mile Road may not be counted as part of the landscape buffer width. In
accordance with MCC 12-13-10, install one tree within said buffer for every 35-
feet of frontage on the Cherry Lane and Ten Mile Road.
b. Construct a 25-foot wide landscape buffer along the east property line. The
easternmost edge of the driveway to Cherry Lane shall be located a ir~inirnum of
25-feet from the east property line, and not encroach into the landscape buffer.
Said buffer shall contain materials in accordance with MCC 12-13-12-3.
c. Replace the existing wood fence along the east property line and construct asix-
foattall CMU wall, as proposed.
d. Construct a 16-foot wide landscape buffer with trees and shrubs between the
retail use and the existing home to the north, as proposed. Said landscape buffer
is approved with alternative compliance.
e. Construct internal planter islands within the parking area to prohibit 13 or more
continuous parking stalls. Each interior planter shall be landscaped with at least
one tree and shall be covered with low shrubs, lawn, or other vegetative
groundcover (MCC 12-13-11-3).
RZ-OS-008, C[1P-OS-029 Walgreens 1"en Mile REVISED RZ Cl]P
Plamiing & Zoning Commission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 16
£ Construct a minimum 5-foot wide landscape strip from the nortl~ property line
and the drive aisle (adjacent to the City well lot). Plant a zminizmulm of one tree per
thirty-five feet and shrubs, lawn, or other vegetative groundcover within said
landscape strip (MCC l 2-13-11-2).
g. The applicant shall work with the City Arborist, Elroy Huff, on designing,
adopting, and implementing a protection mitigation plan for the existing trees on
site.
4. The area shown for future development on the submitted site plan shall be maintained
free of combustible vegetation (weeds). This future pad site does not currently have its
own lot and a division of the property will be required prior to issuance of a building
permit for a second principal structure on this site.
5. No signs are approved with this CUF application. All business signs require a separate
sign permit in compliance with the sign ordinance. 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.
6. Meridian City Code requires that this site be served with a pressurized, underground
irrigation system. Use ofnon-potable irrigation water is required when determined to be
available by the City Public Works Department as regulated by MCC 9-1-28. If a creek
or well source is not available, asingle-point connection to the municipal water system
shall be required. If a single-point connection is used, the developer shall be responsible
for the payment of assessments for the irragable common areas prior to signature on the
final plat by the Meridian City Engineer.
7. At the public hearing, the applicant shall update the Commission on the outcome of the
meeting with the Meridian Police Department regarding means of increasing visibility to
the drive-through facility.
8. Sanitary sewer service shall be from the city of Meridian's existing systems adjacent to
the site. Upgrading of existing service lines may be necessary to provide a level of
service different from the current church use. The future pad site is being shown to be
served by a stub from an existing main in W. Cherry Lane. No sewer main exists at
this location. The applicant will be required to install any new mains that may be
required to provide service. The applicant shall coordinate main sizing and routing, for
any needed main, with the City of Meridian Public Works department, or submit
detailed design plans far how the applicant proposes to service the future pad site with
sewer.
9. Water service to this site is being proposed via an extension of service lines from water
mains located in the private drive abutting the north side of this project. The applicant
shall construct any water mains necessary to service this proposed development.
RZ-05-008, CUP-OS-029 Walgreens Ten Mile REVISED RZ CUP
I'laiuaing & Zoning Coarunission/Mayor & City Council
:luly 7, 2005 (Hearing Date)
Page 17
Applicant shall execute City of Meridian standard forms of easements, for any mains
that are required to provide service. Coordinate main size and routing with Public
Works .
10. Any future change of use on the property shall require conditional use permit approval.
11. Comply with the conditions and comments of all City Departments, and other agencies.
12. All required improvements must be complete prior to attaining a Certificate of
Occupancy for the proposed development. A temporary Certificate of Occupancy maybe
obtained by providing surety to the City in the form of a letter of credit or cash in the
amount of 110% of the cost of the required improvements (including paving, striping,
landscaping, and irrigation). A bid must accompany any request for temporary occupancy.
Any temporary occupancy will not exceed 60 days to complete the required
improvements.
13. If construction has not begun within 18 months of City Council approval, a new
conditional use permit must be obtained prior to the start of development.
14. Outside lighting shall be designed and placed in such a manner as to eliminate glare and
illumination of the adjoining roadways and properties, in accordance with City Ordinance
Section 11-13-4.C.
15. 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 far 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.
16. Applicant's (or successor's) failure to comply with any of the terms of approval of the
conditional use permit shall be cause for revocation of the conditional use permit.
OTHER AGENCY COMMENTS & CONDITIONS
MERIDIAN PUI3LTC WORKS DEPARTMENT
All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
RZ-OS-U08, CUF-OS-029 Walgreens Ten Mile REVISED RZ CUP
Planning & Zoning Coinaraission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 18
2. 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.
3. It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housixlg Act.
4. Applicant shall be responsible for application and campliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
5. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
6. All grading of the site shall be performed in conformance with MCC 11-12-3H.
7. Compaction test results shall be submitted to the Meridian Building Department far all
building pads receiving engineered backfill, where footing would sit atop fill anaterial.
8. Any existing domestic wells and/or septic systems within this project shall be reanoved from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
dornesticpurposes such as landscape irrigation.
9. All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting, crossing
or lying adjacent and contiguous to the area being subdivided shall be tiled per City
Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval ornon-approval submitted to
the Public Works Department. If lateral users association approval can't be obtained, plans
shall be reviewed and approved by the meridian City Engineer prior to final plat signature.
10. Please submit all updated groundwater/soils monitoring data tathe Public Works Department
for review. Any drainage areas (detentioa>/retentionbasms) 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 (ar other approved landscaping) shall not count towards the
required open space area. The project engineer should pay close attention to the results of
field studies determining the groundwater, soil type & and characteristics during the design
and canstruction 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. This is to ensure that the bottom elevation of the crawl spaces ofhomes is at least
1-foot above.
105-008, CUP-OS-029 Walgreens Ten Mile ItEVISEb RZ Ci TP
Planning & Zoning Colnzxlissiol~/Mayor & City Council
July 7, 2005 (Heating Date)
Page 19
11. One hundred watt, high-pressure sodium sheetlights shall 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
to commencing installations.
MERIDIAN PARKS DEPARTMENT
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 Flan for Protection of Existing Trees during Construction: The standard established
in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed.
MERIDIAN 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 Fite Department.
a. Fire Hydrants shall have the 4 %z" 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 cornets when spacing permits.
f. Fite 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.
~. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
4. All common driveways shall be straight or have a turning radius of 2$' inside and 48' outside
and shall have a clear driving surface which is 20' wide.
5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section D103.6 Signs.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
RZ-OS-008, CUP-OS-029
Walgreeus Ten Mile REVISED RZ CUP
Plaiuting & Zoning Coinmission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 20
8. Operational fire hydrants, temporary or perznanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
9. Commercial and office occupancies will require afire-flow consistent with the International
Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
10. The office/commercial lots lot will have an unknown transient population and will have a~i
unknown impact on Meridian Fire Department call volumes. The Meridian Fire Deparhnent
has experienced 2612 responses in the year 2004. According to a report completed by Fire &
Emergency Services Consulting Group our requests for service are projected to reach 2$00 in
the year 2005 and 3800 by the year 2010.
11. Maintain a separation of 5' from the building to the dumpster enclosure.
12. Provide a Knoxbox entry system for the complex prior to occupancy.
13. All aspects of the building systems (including exiting systems), processes & storage practices
shall be required to comply with the International Fire Code.
14. Provide exterior egress lighting as required by the International Building & Fire Codes.
15. 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 500 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).
16. There shall be a fire hydrant within 100' of all fire department connections.
17. This project has no fire department concerns.
MERIDIAN POLICE DEPARTMENT
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.
RZ-OS-008, CUP-OS-029
Walgteeits Ten Mile IZEVISEl7 RZ CUP
Planning & Zoning Conainission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 21
SANITARY SERVICES COMPANY
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 corrzpliance application..
RECOMMENDATION
Staff recommends approval of RHOS-008 and CUP-OS-029 with a requirement for a
development agreement and the aforementioned conditions.
R2r05-OOS, CUP-OS-029 Walgreens Ten Mile R,EVI3ED RZ CUP
Meridian Planning & Zoning
June 16, 2D05
Page 39 of 93
Newton-Huckabay: I'd like to have my motion include the statement just made by city
staff and that would be end of motion.
Guenther: Commissioner Newton-Huckabay?
Newton-Huckabay: Yes.
Guenther: Also the ACRD comment that says if the city requires on -- it would be page
23. It should be incorporated that the city does require that stub street to be connected.
Newton-Huckabay: So noted also. That comment. End of motion.
Moe: Second.
Zaremba: We have a motion and a second. All in favor say aye. Any opposed?
Rohm: Aye.
Zaremba: I believe we have four ayes and one nay. The motion carries. Thank you all.
MOTION CARRIED: FOUR AYES. ONE NAY.
Zaremba: We are approaching the time we traditionally take a break. I think I will
suggest that we do take a ten minute break and reconvene.
(Recess.)
Item 8: Public Hearing: RZ 05-008 Request for a Rezone of 2.61 acres from R-
4 to C-G zone for Walgreens by Hawkins Companies - 3150 West Cherry
Lane:
Item 9; Public Heariing: CUP 05-029 Request for a Conditional Use Permit for a
14,490 square foot retail pad with dual drive thru for the pharmacy on 2.61
acres in a proposed C-G zone for Walgreens by Hawkins Companies -
3150 West Cherry Lane:
Zaremba: Okay. Ladies and gentlemen, we'll reconvene and let the record show that all
Commissioners are .again present and I will open Public Hearing RZ 05-008 and Public
Hearing CUP 05-029, bath relating to Walgreen's at 3150 West Cherry Lane and we will
begin with the staff report.
Hood: Thank you, Mr. Chair, Members of the Commission. The subject site is located
on the northeast corner of Ten Mile and Cherry. There is currently a church on this site
that, as you mentioned, a new Walgreen's store is proposing to rezone this property to
C-G, general commercial zone. The Comprehensive Plan future land use map depicts
the subject praperty as public, quasi-public, due to the existing church use of the
Meridian Planning & Zoning
June 16, 2005
Page 40 of 93
property and it's zoned R-4 in the city. As I mentioned, that church that's going to be
removed is around the corner. Surrounding uses to the north, there is a city well site to
the northeast of the church. There are two residences also north of the church and as
well as single family homes along the eastern boundary. Across Ten Mile is a medical
office. Albertson's and same other commercial retail businesses are across the corner
from the subject site and there is a bank and St. Luke's Medical Center an the other
side of Cherry Lane. The submitted site plan depicted the Walgreen's building and dual
drive-thrus, with a future pad site to the east in this general location. The proposed
landscape buffers along Ten Mile and Cherry Lane were substandard. I talked to the
applicant about some of the landscape buffers and this also did depict a full size
access. They had tried to receive a full access to Cherry Lane, as well as Ten Mile
located at the north property line and, in fact, shared with the city well site and there is a
property owner here that is their primary access to the property. I'm unaware of the
consent from this property owner being obtained so far. We are going with the
assumption that the application can obtain that consent. If not, basically, this -- the Ada
County Highway District does want to see this again, reevaluate the project. I think the
city should do the same. I doubt that an access near the north property line will work. It
will probably have to be moved further south, maybe in alignment with the driveway
across. But that changes things anyway, so -- but since those original discussions they
have submitted a revised application. A couple of changes that may note far you -- now,
the staff report is primarily based on what was submitted. This revised site plan was just
given to me late last week and the staff report was pretty much prepared at that time,
but they have at least shown steps in the right direction to comply with staff's comments
in the report. A major change, they have shown the dedication of right of way for both
Cherry and Ten Mile, required by the highway district, and a 25 foot wide landscape
buffer along bath the frontages as well. By losing some of that property, they did lose a
bank of parking that was originally shown on the submitted plan and increased
landscape buffer here. The full access driveway that was shown near the east property
line has now been shown as a right-in, right-out, as approved by the highway district,
with a 25 foot wide landscape buffer and they are now proposing a CMU wall along this
property line up to the city well site. I believe those are the major changes. This patch
did flip a little bit. Originally, it showed adrive-thru kind of in this location and, of course,
that would require a separate CU when a user does need adrive-thru for that. They did
lose a couple of other parking stalls, but it still complies with the ordinance as far as
number of required parking stalls being provided. Here are the elevations submitted.
The east elevation would show the drive-thru. Pretty standard for the Walgreen's. I think
this is their pretty typical elevation that they request. There is a 14,490 square foot
building, I guess just for your reference, and staff has included conditions for the future
development of -- any future development an this site, specifically this pad site or the
redevelopment of the Walgreen's store or anything like that, will be required to come
back before you for a separate Conditional Use Permit approval and the hours of
operation also were limited in the staff report from 6:00 a.m. to 10:00 p.m. Both of those
conditions were put in place, because primarily there are residences adjacent to the
Walgreen's. So, those were kind of hours of operation based an some of the other
hearings and past action by the Commission and Council. Staff believe it's 6:00 to 10:00
and requiring a future CUP, so neighbors can come in and testify about a future use on
Meridian Planning & Zoning
June 16, 2005
Page 41 of 93
this site. I did receive a letter from the applicant yesterday or the day before. Yeah.
Dated June 15th, stating that that was the only issue they really had in the staff report
was the hours of operation and would not like to have those restricted. Did also received
a letter of June 3rd, I believe it was, from Mr. White. Now, he is the property owner on
Ten Mile right here -- or he had several concerns, primarily regarding access and
access in traffic, some also with -- regarding noise. Did you all get a copy of the letter?
Okay. StafF is recommending approval of the subject rezone request and Conditional
Use Permit for the dual drive-thru lanes with the conditions listed in the staff report and I
will stand for any questions.
Zaremba: Commissioners, any questions?
Newton-Huckabay: Mr. Chair?
Zaremba: Commissioner Newton-Huckabay
Newton-Huckabay: Does this site plan resolve that access issue that was on the north
there that was on the first one that you spoke to?
Hood: The proposed access on Ten Mile is off site, at least a portion of it -- a large
portion of it is ofF site. What the city does not have yet is proof that the property owner
that uses that access to get back to their home -- he's back here -- has consented to
them constructing this driveway and using that as a shared driveway. So, if that does
not happen -- it hasn't been resolved yet. There has been a condition imposed that says
you need to acquire this. If you don't submit a new application.
Newton-Huckaby: Okay. I just wasn't clear if this one, like moving it off of that.
Hood: No. It's still on the property line.
Zaremba: And the city also has a right to that easement, I would assume, to get to the
well site. Does the city have a position about what appears to be either curbing or a
landscape buffer being put over a portion of that easement?
Cole: Mr. Chairman, Members of the Commission, the city has a 20 foot easement
through there to access the well lot. We just need an all-weather access road as the
water department. It doesn't need curb and --
Zaremba: Okay. So, there is still enough space to --
Cale: But it is north of the -- it is north of the curb there. Yes. The water main is -- comes
out of the -- more of the top of the building there in the upper edge of that shaded area.
It appears my mouse is not working. Have I answered the question?
Zaremba: Yes. Thank you.
Meridian Planning & Zoning
June 16, 2Dp5
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Cole: Thank you.
Zaremba: Any other questions? Okay. Would the applicant care to come forward?
Hawker: Mr. Chairman, Members of the Commission, Colby Hawker with Hawkins
Companies, $645 West Franklin Road. I guess just in listening and reading staff's
comments, we have got about four items that I'd like to discuss. The other comments
that have been made and conditions of approval we are all agreeable to. We have
made modifications to the site plan, as you see up here, and there is some additional
modifications that we have made that are not reflected on this site plan, they have to do
with some land -- interior landscaping islands that was a comment from staff that we will
place within the site plan. So, I guess to go to the issues, I'll start with the access up on
North Ten Mile and, as staff has correctly indicated, ACRD has approved that access in
that location. If you will see the -- this dashed line right here, in the middle of that access
point, that's currently where the property line between the existing properties is. There is
another property line here that goes up for Ed Vance's property that sits in this location
and, then, the White's property sits in this location. So, Ed Vance actually awns this strip
of land that comes back, you know, that's how he gets to his property. There is an
easement across that property and an easement across this property that accesses the
city well lot right here. In designing this site plan and talking with ACHD in an effort to
get the access points as far from the intersection as possible and knowing that there
was additional uses back here, number one being the city lot and this property here that
took access to the road, we felt it would be the best place to put access for this
development in this furthest north location. We feel, eventually, these properties here
will have a higher and better use than what they currently are used for. There is existing
residential houses on those. We think in the future it's likely that those are redeveloped
into some sort of light office use and this is a natural place for all of this area to share
that access. If we do not and cannot get an agreement with this property owner to share
this access, we will be forced to move our access further to the south and in the future,
when this property redevelops and currently at -- there will be two access points right
next to each other here on the property. So, we think that this location is the best overall
place for it, given future conditions and existing conditions that are out here. So, that's
my first comment. The second comment will be in regard to hours of operation.
Walgreen's is primarily a drugstore and the customers that are frequenting this location
have certain needs for prescriptions at many hours of the day and evening and
Walgreen's likes to maintain the flexibility to allow their stares to operate late in the
evening. In fact, some of the stores they like to operate 24 hours. They don't have plans
at this point to operate this store at 24 hours, but they like that flexibility to do that. Also,
it's a competitive environment, obviously, and Albertson's is just directly kitty-corner to
this site, which will be a direct competitor of this location. We don't believe that there is
any restrictions placed on that use across the street as far as hours of operation are
concerned. The stare directly abuts residential, as we are, and so we are just asking for
the same consideration that the Albertson's across the street has as far as their hours of
operation are concerned. The third item of concern is something that the police
department has brought up and it has to do with the vision corridor between these two
buildings, once this building is developed at some point in the future, and I really don't
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June 16, 2p05
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know how to address that. We did have a meeting, I believe, with our architect and
another individual at our office and talked about haw we provide some sort of visibility in
there. Obviously, we are not restricting the visibility by placing anything in the area. This
is a landscape island right here. One of the things we talked about was in this location
here that we would install, as required as commented on in the staff report, every 12
stalls there needs to be a landscape island, so we need to install two of those. So, we
talked about installing the first one right in this location that would allow, you know, a ten
foot area where there is nothing parked that could allow a vision corridor in there, so
when they are driving by they can, I guess, see what's happening between here. I don't
know what they really envision to happen between here, other than the cars driving in to
access the drive-thru, but that's a solution to that comment. The fourth and final
comment that I will make has to do with this access. We have shown it moved further to
the west here. Our original application had it shown further to the east. We are
proposing to have a block wall, a CMU block wall, to separate ourselves from the
residential here. We would like the ability to place this access where ACRD has
approved the access and that is all the way at the property line and just have it neck
down right in this area here to pull that access, as ACHD requirements are, to pull these
accesses as far away from the intersection as possible. We think it makes a better site
plan through here as well, so we can align these curbs, these two curbs, and allow for
better stacking to this access. Those are the only comments I have. I will stand here for
questions. Other than that, we would agree with all the other comments that staff has
made in the report and agree to those conditions and ask for your approval this evening.
Zaremba: Commissioners, any questions?
Newton-Huckabay: Mr. Chair, I have one.
Zaremba: Commissioner Newton-Huckabay
Newton-Huckabay: Mr. Hawker, you didn't answer the question, I don't think, about
whether or not you have an agreement on that north -- I mean if you don't have an
agreement now, I would think it's a little bit premature --
Hawker: We currently do not have an agreement with the property owner for this
property. Again, our property line is -- exists in this location right here. So, ACHD has
said if we can't get this agreement, then, we will have to come back for approval with
access shown in a different location on our site. So, we have accepted that condition
from ACHD and would live with that condition as it exists. If we can't get an agreement
across this property with this owner, then, we will come back to ACRD with a revised
access in a different location for their approval.
Borup: Have you called the Vances?
Newton-Huckabay: Why didn't you try to get one before you came here?
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Hawker: We have called Ed Vance several times, talked with him briefly on a few
occasions. He works late hours and just has not been real responsive to our phone calls
at this point. So, we will continue to work that out, to talk with him. Again, I feel, from a
planning standpoint that this is the best place to put this access paint. Certainly, if we
can't get an agreement, we are going to come back in here and put an access point
somewhere else on the site plan. We need to have access off this road to make this
development work and, again, the city has access right through here. This property has
access through here. We think it's the best option to combine these access points into
one access point for everybody involved and, again, this property -- these two
properties, in my opinion, will be developed at same point in the future and a shared
access point far all of these properties is the best possible solution, because if we come
in and develop with an access point down here, this access is always going to be here
to serve this city lot and, you know, we are going to have two access points right here in
a close proximity. We need to try to pull those away from the intersection.
Newton-Huckabay: I don't disagree with you that that's the best access, but I think it's
premature for us to recommend approval not knowing whether ar nat that will be the
access.
Hawker: Well, it's already been approved by ACHD. I mean we will abide by what ACHD
has said. The condition of approval that ACRD has given to us is if we can't get access
from that location, that we will be required to resubmit and get access in another
location. So, regardless of what you do to the access paint, we still have to go -- would
have to go back to ACHD if we don't get that agreement. I mean it's a condition of
ACHD's approval that we either get that agreement or we move the access point and
we will abide by that condition.
Hood: Mr. Chair?
Zaremba: Craig.
Hood: I just wanted to clarify, too, for that, that maybe to ease your mind a little bit, that
if that does happen, in worst case they aren't able to acquire Mr. Vance's consent, that
a new CUP came back before you, because I think that's a substantial change,
depending on where that access goes, and, then, you have another chance to review
this in that new location. ACHD also has achance -- that's, rally, their only way to re-
review it if it's a new application to them. They have already acted on this one. And,
then, they would re-review that application with a new recommendation to the city on
access to Ten Mile. Sa, you would see this again if the cards don't fall that way.
Zaremba: If I understand the thought --
Newton-Huckabay: Well, I just didn't really want to see it twice.
Zaremba: Well -- and if I'm understanding the thought behind Commissioner Newton-
Huckabay's question, I agree with her, the City Council does not like us to forward
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things to them with loose hanging ends and I think the discussion probably at some
point after we have listened to the other people and had other discussion, may be that
before we make any recommendation to the City Council we would want to continue this
until that agreement is in hand. I absolutely agree with your logic about where the
access ought to be. That's, to me, where it should be. But I also agree you can't use
somebody else's property without getting their permission.
Hawker: Understood.
Zaremba: The one piece of leverage I would suggest is if you can't get his cooperation
and you must move your access, ACHD, even if his property and the White's property
some day converts to something else, ACRD is unlikely to give them a public access
within 150 feet of your public access. I mean that may still be there as an easement for
the city, but it doesn't mean they are going to be able to convert their property and have
another driveway 20 feet from your driveway, which will make life difficult far them,
which I think gives you a little leverage to have him cooperate on everybody using the
same driveway. That's just a personal opinion.
Hawker: Sure. That's a good thought. I agree.
Zaremba: I think what Commissioner Newton-Huckabay is suggesting and I agree with,
regardless of what else we discuss, we probably will consider continuing this until you
have that agreement in hand or have given it up. But anyhow --
Newton-Huckabay: And I have one other question.
Zaremba: Go ahead.
Newton-Huckabay: What are the Albertson's hours that -- we didn't limit those, Idon't --
that was --
Hood: Mr. Chair, I did call Albertson's this past week and their operating hours are 6:00
a.m. to 1:00 a.m. I don't -- I think they have limited themselves to those hours. I do not
believe the city has imposed those hours or any hours of restriction on them, that's just
their business hours.
Newton-Huckabay: Did we restrict any of -- the one that came through to the west? We
did that one, didn't we? Or, no, we didn't.
Zaremba: Well -- and there is an actual difference that -- the buffer behind Albertson's is
pretty sizeable before you get to the residents, including a canal or other waterways. I'm
not sure whether it's technically a canal, but --
Hawker: Craig, do you have a picture of it? Do you have a picture of that Albertson's on
the overhead there?
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Zaremba: And there isn't really public use of the back of the building. They do have
deliveries in the back of the building, but that's not really an activity location. So, even
during most of their hours of operation there is nothing going on in the back of the
building. So, there are some differences.
Newton-Huckabay: But from a retailing standpoint, it's adisadvantage. Imean I --
Hawker: Yeah. I'll just make, again, the additional comment is from Walgreen's directly
that their typical hours of operations -- they have got another store here in Meridian. I
think those hours that they are operating that store are probably 8:00 in the morning
until 9:00 in the evening right now. But they just like the flexibility, as they need -- as
they see the community and the people from the community coming to those stores and
having that need to come at later hours, they want to be able to operate and serve
those needs at those hours. So, again, they feel that if you're going to place a restriction
on their hours and not on the Albertson's across the street, that they are placed at a
competitive disadvantage as well. So, that's where we --
Borup: Maybe while we are on that subject --
Zaremba: Commissioner Borup.
Borup: I -- maybe I have missed it, but I don't see where that's in the staff
recommendations. It's in -- it's addressed in -- in the considerations, but is it part of the
site specific conditions?
Hawker: Because I asked the same question to the pre-development --
Borup: All right.
Hawker: -- gal in our office that was unable to be here that's been working with Greg. It's
listed on page eight under the special considerations of the rezone and I asked the
same question, I said it's not on a site specific comment, so does that mean it's just a
recommendation from staff or we have to agree to it and that's why we objected in the
letter to make sure we brought it up here tonight, because we wanted to make sure.
Zaremba: It, actually, is mentioned on page nine as part of what would be the
development agreement.
Borup: Okay. That's where I missed that.
Zaremba: In the zoning amendment, the development agreement is being required and
the hours are put there.
Borup: Okay.
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Zaremba: The comment that I would have to that is that at some point there is going to
be -- the issue is, really, the drive-thru, not the store, and the microphones and the cars
and that sort of stuff, and in thinking of the residences, I realize you're talking about
building a CMU wall -- is that cement masonry unit or does it stand for something like
that?
Hawker: That's correct.
Borup: Correct.
Zaremba: A wall, as apposed to a fence, that's there. And there will at some time
eventually be a second building between that drive-thru and those houses. My
inclination would be to let the staff report stand at this point. The staff report also puts a
condition that they do need to came in for a CUP far that second building, since it's only
a concept at the moment.
Hawker: We understand. Yes.
Zaremba: And whatever use is going to go into this as well and my thinking is there is a
process that down the line at same time those hours could be changed. My instinct
would be for the protection of the neighbors at the moment, I would support staff's
limiting from 6:00 to 10:00, which at the moment is outside of the hours they will
probably need, within the understanding that someday several things will happen. Some
of the properties around it may change their use, there will be another building there,
the hospital across the street will probably go to 24 hours, Albertson's will probably go to
24 hours and at that time it would be appropriate, through a CUP, to ask for relief from
those hours.
Hawker: Mr. Chairman? Mr. Chairman, Members of the Commission, I understand your
logic and appreciate that. I guess if we were to talk about a restriction on hours, I would
ask that we have the same ability to operate that Albertson's is currently operating
under, if we want to place a restriction on the hours that we would work within -- within a
restriction that Albertson's is currently -- currently operating.
Zaremba: I would agree with that if you didn't have the drive-thru. It's the drive-thru that
makes this a different situation.
Moe: Mr. Chairman?
Zaremba: One man's opinion. Commissioner Moe.
Moe: Well, in regard to that, I have just got a fairly simple question in regards to that
drive-thru. Are we doing any type of screening at all to the north?
Hawker: Yeah. Craig, could you throw up the site plan again? In our landscape plan that
is not on this site plan here, we are -- we are doing screening with landscaping with
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trees in this area and would propose to put a block wall or wood fence -~ whatever
would be appropriate here. This, again, will have to be in the conversation that we want
to have with Ed Vance to talk about this, but we do recognize that there is cars that are
sitting in this drive-thru that are -- that are shining their lights right in that direction. So,
we are aware of that and are certainly -- you know, if it's not a condition and if it's not on
our landscape plan, we would certainly be willing to a condition that we place some sort
of screen wall, whether it be a CMU wall or a wood fence, whatever this property owner
feels is more attractive in that area, so we can screen those lights from their vision.
Moe: Thank you.
Zaremba: Any further questions from the Commissioners?
Moe: No.
Zaremba: All right. Thank you. We will ask you to come back again later, but we do
have some other people that have signed up. Lee White, would you care to testify?
White: Lee White at 1750 North Ten Mile. I didn't hear -- hadn't heard anything about
the possibility of a driveway going further south than the existing one that they are
planning on out of the drive at this time, but from my point of view that would be an
extremely better thing to happen, because of all the lights and the traffic coming directly
at my place. I have a pole fence at this time, which is probably two and a half, three feet
high, and all these cars coming out and noise, the lights, I foresee being quite a
concern. A couple other concerns I had is the possibility of partying in a public lot,
music, and, then, this -- if there are people that like to hang around -- I guess I lived too
long in California. People like to hang around in an open parking lot. There is a
tendency to take a look at the neighbors' property and say, oh, that looks good, I'd like
to have it. I don't necessarily want to have anything like that happen. So, with that as a
concern, the lights and the traffic, I would like to see the driveway go a little bit further
south, if it is going to go through at all. I have a couple of needs for access there. I have
a workshop and an RV parked there right near the Ed Vance property. I also have a
second gate --
Borup: Sir, would you use the pointer that's on the podium there to indicate where you --
where you make that access and what the question I was. going to ask you later, but
since you brought it --
White: Since it works -- all right. There is one access to my lawn, yard. This one.
Appears to be to my shop and where I park my RV. This particular driveway is going to
be cutting off part of my corner. My mailbox sits approximately there. That will change.
In due time it looks like I'm going to have some more property removed as a right of way
for Ten Mile, but that doesn't really pertain to this particular operation. I'm concerned
that if we have this driveway at this point, people will try to make a left turn. The traffic is
getting heavier and heavier here on Ten Mile and backing up down quite a ways from
my driveway. These people are not going to be able to make their left turns readily. I
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June 16, 20D5
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foresee them making a right turn and Woodmont comes in right about here, they make
a fast turn to the left to go to Woodmont and make a u-turn and come back down this
Ten Mile Road. Or if -- one scenario may be that they will make an immediate right into
my u-turn driveway, drive through it, make a left turn, because they have got another
hundred feet to make a left turn and come back down Ten Mile. Those are concerns to
me. Whether they are valid, will happen, no one can tell, but there is a possibility.
Questions?
Zaremba: Commissioners?
Moe: Yeah. Mr. White, as far as from the property line, how far, you know, into your
shop and whatnot do you go? I'm basically -- on your access your shop and whatnot,
how far off the property line is your shop?
White: I have got 30 feet from this property line back to the entrance of my shop.
Moe: Okay.
White: I have on this property line a grape vine and approximately eight feet between it
and my shop. Back further, of course, the garden area and so on. Sufficient answer?
Moe: Yes. Thank you.
White: If there is nothing further --
Borup: Ijust -- Mr. Vance -- or, Mr. White, you had -- just a couple of your comments,
you had mentioned about the partying. Does that --
White: Yes.
Borup: Is that one of your concerns? Does that happen quite a bit across the street at
the Albertson's or the medical building or any of those?
Zaremba: Or even at the existing church there is a big parking lot there.
White: There is a big parking lot there or I do not -- I can't honestly say there is partying
going on.
Borup: Okay.
White: I wouldn't try to pull your leg, but the potential exists.
Borup: Well, but the potential is there now. I mean it wouldn't be --
White: But with the different type of business would create the possibility of mare people
that would be -- have that inclination.
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June 16, 2005
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Borup: Then, I was just thinking of Commissioner Zaremba's comment on future value
of your property. It appears that's not really a concern that you have, then?
White: Right at this time it looks like if I have that type of an access and that type of
traffic by me, my property value has decreased at this paint.
Borup: You think your property value is --okay.
White: I personally feel like it will be a great decrease --
Borup: As a residential property.
White: As a residential.
Borup: Have you any idea what it would be as a commercial property?
White: I haven't looked into it. I have no clue. I'm just a poor retired farm boy.
Borup: Okay. I think what Chairman Zaremba was implying that there is much greater
value in a commercial use than residential.
White: I'm open to offers.
Borup: Well, but -- what with the access not available, it wouldn't be as valuable.
Zaremba; And I, actually, wasn't proposing that. I was picking up on what the applicant
said, if it did go that way, you know, here is things for the neighbors to think about.
Borup: It could devalue your property by moving the driveway.
White: It could, but I have still got my U driveway --
Borup: Right.
White: -- would be just about have to be maintained as an entrance to the property.
Borup: As long as it's a residential use, yes, sir.
White: That would have to change with -- yeah. That was probably --
Borup: If it was redeveloped, then, yes, that would be up to ACRD. But that's your
choices. Ijust -- it's good to have all information.
White: Well, you know, I have never been to a meeting like this before. I have never had
any concerns like this before.
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June 16, 2005
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Moe: One other question I have for you, as far as access to the back property of yours,
is that roadway the only access you have to get back there or do you have another
access?
White: I have no other access, sir.
Moe: Okay.
Borup: But is that -- but that is -- that road -- I assume that that access is, actually, the
property of Mr. Vance.
White: It is. Yes. It has not been taken off of my property, it has been --
Borup: So, you have been using his -- his property to access?
White: They have and I have. I use it. That's what it's there for, I guess.
Borup: Well, it's there for him and it sounds like he's being a good neighbor and allowing
you to use it, too.
White: I hope so. We are good neighbors. Any further questions?
Moe: Yeah. No, that was exactly what I was kind of going with is just trying to verify
what other access, if any, you had, more or less to try and come up with another
possibility of fencing or whatever to screen your property from any access, you know,
into the parking lot area, but it sounds like you can't use the screening, because you
need access to your property as well off the road.
White: A screen would not be a desirable solution to my mind.
Moe: Okay.
White: But I --
Moe: I appreciate the answer
White: Thank you.
Zaremba: Thank you.
Newton-Huckaby: Thank you, Mr. White.
White: Thank you.
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June 16, 2005
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Zaremba: Barbara White, is she here? She's supporting what her husband said and we
also have a letter from Mr. and Mrs. White. She -- you need to come to the microphone,
please, and identify yourself. Thank you.
B.White: Well, I'm concerned mainly about our -~
Zaremba: Please start with your name.
B.White: I'm Barbara White.
Zaremba: Thank you
B.White: I'm concerned about our circle driveway, because if they come out this way
and turn right, the traffic will be fed and we will not even be able to get out of our
driveway. And, then, right now as it stands, there is a lot of people that use it a turning
place. Then, if we have traffic coming out to the -- turning to the right puts them right
smack in our driveway.
Borup: Is that quite a problem for you now when the Church lets out?
B.White: No, because nobody goes that way.
Borup: No one goes that way
B.White: They go out this other way most of the time. And the church meets -- their
population is not that great, so they -- no, the church don't use the driveway. They have
their own entrance that they use, so -- but that's my main concern is the -- because if
they make a U-turn they are right in my porch. I don't want that. Whatever.
Zaremba: Thank you.
B.White: You folks are the bosses.
Zaremba: Let's see. That's everybody that was signed up, but there is an opportunity, if
anybody else cares to add anything, please, came forward and identify yourself.
Smith: My name is Theresa Smith. I live at 1653 North Victor Avenue. I'm one of the
homes that will back up to the proposed development. Right now we back up to a
church, which is wonderful. It's quiet six days out of the week. We only have one day
that we have any sort of people back there. I have small children, so I like the privacy of
my backyard. The big thing far us is we prefer to not have adrive-thru along that fence
line. Right now there is -- there are trees and landscaping in place that provide a bit of a
shield between us and the church. When we talked to one of the people about the
project, they said they were going to take the trees out. I would like you to keep the
trees there or have them replaced, again, building a little bit of privacy between my
backyard and the development. And, then, of course, the wall that they propose is
Meridian Planning & Zoning
June 16, 2005
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something we definitely want, because right now we just have a wood fence. So, mainly
for us we just want to maintain our privacy, so that we have a backyard that we can use
in peace and quiet and, then, also to maintain the value of our property. That's it.
Moe: Mr. Chairman?
Zaremba: Commissioner Mae.
Moe: You're on the east side?
Smith: Yes. Do you want me to try to --
Borup: Please.
Moe: Please.
Smith: I am that house right there. Our neighbor right there on the corner, they are
elderly and were not able to make it, but they also would like a wall and that was
important to them also.
Moe: Okay. And at the present time what's planned is -- is, number one, the drive -- the
drive entry moves over and, then, basically, you have 20 or 25 foot between the drive-in
and, then, the block wall, so you're --
Newton-Huckabay: There is more than that, because there is going to be a building,
Moe: No. I'm talking -- she's aver here.
Newton-Huckabay: Oh, the other --
Borup: So, would 24 feet ~- ma'am? I'm sorry. Mr. Chairman? Ma'am --
Smith: Sorry.
Borup: Would the 24 feet leave the existing trees? Is that plenty of room for --
Smith: I believe so. I just know at the first meeting I went to --
Borup: Right. The original design.
Smith: -- they were very close and they were going to pull everything out. So, I think
with that -- I'd have to measure it, but I would imagine -- if they kept the strip of grass
that's right there -- I guess I don't know how much feet that is, that would be wonderful
for us, because there is already mature trees there.
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June 16, 2005
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Borup: Maybe we can get an answer from the applicant on that, but right now they are
planning a block wall and a landscaping area there and I would assume probably
leaving the trees.
Smith: Okay. And, then, the proposed future development, will that be a drive-thru? Will
it have that capacity? Because that would be the other thing is I wouldn't want cars just
driving right along that section. Do we know that?
Moe: We really don't know what that's going to be, but it would also come back before --
before us anyway.
Zaremba: You would be notified in the same way that there would be a Public Hearing
about it.
Smith: Okay.
Zaremba: We use shorthand sometimes when we talk among ourselves, but when we
say we require a CUP for the new building, that's what it means, a Conditional Use
Permit, which means a Public Hearing and you would be notified to come talk about that
building as well.
Smith: Okay. That's all I had. Thank you.
Moe: Thank you.
Zaremba: Thank yvu. Anybody else care to speak? Okay. Mr. Hawker.
Hawker: Mr. Chairman, Members of the Commission. Again, Colby Hawker. Just two
quick comments. One in regard to the property owner just to the east there. We are,
again, going to have a 25 foot landscape strip. I don't know where those trees are
currently, whether they are within that or outside of that, but any trees inside that 25 foot
landscape buffer we will remain -- we will keep there. If they are outside of it, obviously,
they are going to have to go, because they will be in the parking lot. So, we will commit
to keep the trees inside that 25 foot buffer. The other comment that Mrs. White made in
regard to U-turns and traffic, obviously, this development has been in front of ACRD,
they have looked at it, we are really capturing existing trips that are already on this road.
It's the reason for Walgreen's wanting to be here. The traffic is already there. The traffic
that passes by this site is already there, we are simply capturing that existing traffic, so
that existing traffic is driving by her house right now, we are simply capturing it and
sending it back where it's going originally. Those are my only comments. Any
questions?
Zaremba: I was just going to comment on the trees. If they are outside of that 25 foot
landscape buffer and, therefore, removed for doing something, you're aware of the city
requirement that anything aver a four inch caliper has to be mitigated for, which means
Meridian Planning & Zoning
June 16, 2005
Page 55 of 93
replacing them, but that doesn't count the other trees that -- the trees that are required
by the landscape ordinance don't count towards that mitigation.
Hawker: I understand.
Zaremba: That's additional trees.
Hawker: And that's a condition of the approval that we have read.
Zaremba: Yeah. I mean that's typical for everybody. I just wanted to make sure you
knew that.
Hawker: Yeah.
Newton-Huckabay: Mr. Chair?
Zaremba: Commissioner Newton-Huckabay.
Newton-Huckabay: Mr. Hawker, do you -- Walgreen's drive-thrus operate always at the
same hours as their stores? Iknow slot -- say, for example, an Albertson's pharmacy
will close at 8:00 o'clock in the evening and the store will remain open. How does
Walgreen's -- the drive-thru is predominately for your pharmacy?
Hawker: It is only specifically for the pharmacy. Yeah. It goes right into the pharmacy.
Newton-Huckabay: So, are your pharmacy hours the same as your store hours?
Hawker: Typically, the hours are the same. I can't say that that's the case in all their
stores. So, again, it's predicated on their customer counts and what they see their
customers doing when they are using that. So, I would say typically those hours are the
same, but they may change the hours slightly and open an hour earlier and, then, have
the pharmacy open. I can't specifically comment there.
Newton-Huckabay: I would propose a compromise on the pharmacy, that as long as
their pharmacy hours fall within the same guidelines as what Albertson's -- because
Albertson's has standard pharmacy operating hours, which 1 suspect are going to be
between 6:00 and 10:00. I agree with you that your store should be allowed to stay
open as many hours as the Albertson's store should be open, but as far as your drive-
thru and your pharmacy, I don't think it's unreasonable to say that your pharmacy hours
will be, you know, limited -- your drive-thru pharmacy hours are limited to Albertson's
pharmacy hours.
Hawker: No. I understand that. I guess our comment is they are currently -- although
that's Albertson's operating hours right now, there is no restrictions on those. So, once
we agree to a restriction, certainly, Albertson's can increase their hours of operation and
have something different is our issue.
Meridian Planning & Zoning
June 16, 20D5
Page 56 of 93
Newton-H uckabay: Okay.
Hawker: Anyway, that's just our comment and I understand your point
Zaremba: Other Commissioners, any questions?
Newton-Huckabay: I do want to go back to my original comment. I think that we should
probably consider continuing this hearing until the access to the north is resolved. I don't
want to make recommendations to the City Council on something that's not resolved.
Rohm: I guess the only comment -- Mr. Chairman?
Zaremba: Commissioner Rohm.
Rohm: The only comment that I would make to that is if the applicant feels strongly that
they can resolve that prior to this same package being heard by City Council, then,
there would be no need to continue it if -- if you feel that you can came to resolve. If it's
your feeling that it's the action of this body that will entice the neighbors to come to the
table, then, you know, I'm looking for a little bit from you as well on that.
Hawker: Commissioner, Members of the Commission, I wish I could respond better than
what I'm going to be able to. I don't know when we can resolve it with Ed. We will
diligently pursue that to the best of our ability. I don't know when that time is going to be.
I will say that as part of this process, obviously, there is an existing church that's there
that we are going to be relocating to another site. We have made submittal for that
annexation and rezone and I believe we are on the agenda next month far that. We
have got some pretty hard fast dates. Met with the property owners as far as what we
can do in our purchase agreement. So, we need to have some sort of finality to this as
soon as possible. That's my only comment.
Borup: Mr. Chairman?
Zaremba: Commissioner Borup
Borup: Yeah. Continuing what Commissioner Rohm said, I don't think it -- it's been fairly
common to make recommendations on an application that's had conditions. I mean we
do that a lot. But I had a question on something Craig said. Mr. Hood, did you say if
ACRD does not approve this, that the application would have to come back to a Public
Hearing or just back to staff or --
Hood: ACRD has to approve that driveway.
Borup: Right. But if they are not able to get the approval
Meridian Planning & zoning
June 1G, 2005
Page 57 of 93
Hood: Yes. Then they will have to reevaluate a new application for a new driveway
location.
Borup: ACHD would have to reevaluate it?
Hood: Correct.
Borup: Okay. That's what I was looking for clarification on. So, if ACRD approves a new
driveway, then, there is no other approval by the --
Hood: Significant change, there would be a new CUP, they start back over again.
Borup: Is that considered significant to move adrive-way 5p feet?
Hood: Oh, yeah. Definitely.
Borup: Okay.
Hood: And that's the only way we can get ACRD to re-act on an application is to actually
give them a new application to act on.
Borup: Okay. So, if ACRD -- I mean if they were not able to get the approval, then, it
would be back before us anyway.
Newton-Huckabay: I guess for that reason I would think that Mr. Hawker would want this
to be continued for --
Borup: Why?
Newton-Huckabay: To get an opportunity to make -- resolve this issue with Mr. Vance
and, then, he's on the -- because if it doesn't get -- if he cannot make -- if they cannot
make an agreement with Mr. Vance, they started over.
Borup: That's the risk they take.
Hawker: Yeah. I guess I was unaware of that condition, that eve have got to go back in
front of ACHD through a new process. My understanding of the condition was that we
would -- if we couldn't get that approved, that we would come back in front of them I
didn't know it was a new application, so --
Newton-Huckabay: So, what would your preference be?
Hawker: I guess my preference would be to continue the hearing, so we can work it out
at this point. Imean Idon't -- I don't know when I can get that agreement done. I would
hope I could get it done in a short period of time, but I can't guarantee that I can.
Meridian Planning & Zoning
June 16, 2005
Page 58 of 93
Rohm: I guess my thoughts on that are if you cannot came to an agreement, you're
going to have to make a new application anyway, so it doesn't seem to me that by
continuing this --
Borup: It could save you time.
Rohm: You think by continuing it it might save him time?
Borup: It would save time over getting it turned down and start from a new application.
Rohm: If they have to make a new application if the neighbor doesn't agree, then,
whether we continued this or not won't be of any value to him, because he's going to
have to make that a form that was silent.
Newton-Huckabay: Commissioner Rahm --
Borup: Nat with --
Newton-Huckabay: -- there is a lot of things there is value in continuing the hearing.
Hawker: Mr. Chairman, I'll -- Members of the Commission, I'll make one further
comment, because I don't know the answer to this, but if we do move on to City Council,
does City Council have the same ability to table the hearing at that point until we get an
agreement done?
Moe: They don't like to.
Zaremba: They have asked us not to send things unresolved.
Rohm: Well, then, it sounds like the continuing is the best answer
Moe: I guess one other thing I would like to bring -- a question I would have, if, in fact,
you are to work a deal with Mr. Vance, I'd be a little bit curious, what happens to the
White property, then? I mean are they going to still have access to get into his property
in the back? At the same time, the comment was made -- and I would agree a hundred
percent with him -- I'm not sure I would want to see all the headlights every night coming
into that parking lot right through my front windows all day long, too.
Hawker: Yeah. Sure. The comment there is we'd certainly work with them. As you
stated before, there is no written access agreement across that property now. They
have some sort of good neighbor agreement where he's using it and he's got the benefit
to do that. We certainly would allow, through an agreement, him to utilize that access,
as well as a joint access in there. We don't have any problem with that. On the flip side
of the coin, I guess we would also be willing to put some sort of screening up there if
you would like to do that. That is the -- that south side of his property there is the side of
his house. The front of the house faces towards Ten Mile. So, it's a different situation
Meridian Planning & Zoning
June 16, 2005
Page 59 pf 93
than the Ed Vance property, where we are shining headlights right in the front of his
house, versus, you know, the side profile of this house and into the White's property.
So, we would be open to bath options, if they'd want to put some sort of screen wall
there to protect those lights, we'd look at that. We would also look at maintaining the
access for their RV there, so --
Moe: That's going to be a little bit of a Catch 22 there, because you also have to have
line of vision and whatnot turning right and whatnot, so --
Hawker: Yeah. I mean looking at the site plan, I believe that the access to his RV can
be maintained. I mean the access to the RV is -- his RV location in this location right
here. So, that can be maintained and I believe in talking with Mr. White that this is just
like a gate into his yard and, you know, I would think that the best of both worlds would
be to put some sort of screening in this area, whether it be a fence or some, you know,
place some dense landscaping right there in his yard that would restrict the vision of
these lights in this location here, if that truly is just a -- I guess a pedestrian access aut
of his yard to there. So, I think that can be accomplished. And the answer to your
question is, yeah, we would be willing to work with him.
Zaremba: Not to re-engineer, but since we are in that area, if you shortened this island a
little bit and lengthened this island a little bit, cars, instead of being right here with their
headlights shining out, might be -- I'm not sure exactly where their house is located, but
I'm just saying even if you move this like five feet to the east, you might save them some
headlights.
Hawker: That's true in that the cars are going to come out right there, but they are still
going to drive right down this drive aisle. I mean we can't shift this drive aisle any further
than we have it, so the cars, as they are circulating around here, are going to come
here. When they would exit, then, they would just have to turn and make that motion, so
I don't think you're going to --
Zaremba: Safe the headlights.
Hawker: I don't think you will see that benefit.
Zaremba: All right.
Newton-Huckabay: It was the CMU wall, that was the six foot wall; right?
Hawker: Yes.
Newton~Huckabay: Okay.
Zaremba: Tell us what -- and you said you were coming back with the property where
the church building is actually being moved to. What date is that?
Meridian Planning & Zoning
June 16, 2005
Page 6D of 93
Hawker: I believe, Craig, we are on -- I believe we are on the agenda in July.
Zaremba: Actually, I have got the draft agendas I could look at.
Hawker: The 22nd I want to say.
Zaremba: If it's in July it would --
Hawker: Iknow it's in July, I just don't know the exact the day. I believe it's the 22nd.
Zaremba: For July 7th.
Hawker: Oh, July 7th. Okay.
Zaremba: Which is our next meeting.
Hawker: Okay.
Zaremba: I'm thinking if we were to continue it to that same meeting, two, almost three
weeks away --
Hawker: We'd certainly like the option to be back in front of you there. You know, if we
don't have the agreement, it will be quick.
Zaremba: Well, it will be a quick meeting either way.
Hawker: Correct. Right.
Zaremba: Essentially, the only thing we are waiting for, so -- I mean we have discussed
everything else.
Hawker: True.
Newton-Huckabay: Is that time to renotice it?
Zaremba: If we continue it --
Newton-Huckaby: Oh, that's right
Zaremba: Have we come to any resolution on the hours? I'm inclined to say -- leave
them the way the staff said, with the opportunity to change them later when the CUP --
but it doesn't sound like that's the way everybody else was thinking.
Mae: I really don't have any problem with going with the same hours as Albertson's is
doing right now, but I agree, possibly limiting the drive-thru hours.
Meridian Planning & Zoning
June 16, 2005
Page 61 of 93
Zaremba: My feeling is once that other building is there, depending on how it's
configured, it may shield the drive-in from the neighbors. At present it doesn't, but --
Borup: I'd like to make one comment on the drive-thru. It's not scientific, but I live off
Locust Grove and I -- because there was a lot of concern on the Walgreen's at Locust
Grove and Fairview when it went in. So, I -- every time I drive by there I look. In the last
two years I think I have seen three, maybe four cars in that drive-thru.
Zaremba: I didn't even realize they had adrive-thru. I patronize that store and I didn't
know they had one.
Borup: You just don't see -- I mean, apparently, there must be traffic sometime of the
day, but not when I go by and --
Hawker: Mr. Chairman, Members of the Commission, the other thing is this -- the
information that's being exchanged out of that drive-thru window is confidential-type of
information. So, this is not like a speaker system that you would see at McDonald's or
Jack-in-the-Box or that type of -- it's more along a financial institution and they have
decibel -- things that they can do with their decibels to turn those down, because they --
the prescription industry is kind of a private thing and when they are pulling up, getting
their prescriptions, they don't want to be announcing it to the whole world, even the
people in the adjacent lane to him. 50, we did, when we went through the Fairview and
Locust Grove, we went through a whole noise study, we put up a block wall there and
there are neighbors just on the opposite side there, there is a -- there is a street that's in
between us, so they have a little more separation. But, in reality, the noise that comes
out of that, you won't be able to hear that drive-thru window, what's coming out of there
on the other side of that building. In fact, the road noise an Cherry Lane Road will be
louder decibel than anything that's coming out of -- out of that -- out of that drive-thru
window.
Borup: Have there been any -- any survey's on people that use the drive-thrus? My
thought is if it's elderly, they are not going to be there at night, they are going to be there
in the daytime.
Hawker: You know, I'm sure Walgreen's has some sort of data, but it's really more of a
convenience use. A lot of people that are sick that have an illness that -- parents with
children that are sick, that don't want to get out of their car and haul their children back
into the pharmacy and, you know, elderly people that don't want to do the same thing,
so it's a convenience for those customers that don't want to get out of their car for
whatever reason and I -- you know --
Moe: Iwould anticipate that if we are continuing this, this isn't something that we have to
decide on tonight.
Zaremba: Okay. I just was trying to get a sense of -- I'm trying to make the next meeting
shorter. We will have a few weeks to all think about it.
Meridian Planning & Zoning
June 16, 2005
Page 62 of 93
Rohm: Mr. Chairman, just for --
Zaremba: Commissioner Rohm.
Rohm: -- what it's worth, I personally don't think that the headlights from this drive~thru
here are going to be as offensive to this residence as people leaving the parking lat. So,
the issue of the drive-thru, in my mind, isn't as big of an issue as -- as the egress period.
So, I don't think that necessarily limiting the hours of the drive-thru is an issue at any
point, because there is plenty of screening that they should be able to protect the
neighboring property adequately with the location of the drive-thru, just as it is and it
doesn't appear to be an issue to me.
Zaremba: Good point. My main concern was the sound carrying to the properties to the
east, but he made a very good point, all things being considered, the block wall, the
landscape buffer, an eventual building and the point he makes about this not being a
blaring public address system.
Rohm: Okay. With that being said, I guess the question I have of the applicant is when
do you think that you can come back to this Commission with some resolve on the
property to the north, the ingress-egress? If we continue it to --
Zaremba: July 7th was --
Hawker: Yeah. I'd like the ability to continue it to the next meeting to match up with our
annexation of the church property that we are in for moving this. So, I'd like the ability to
keep those on the same docket and, obviously, we will work diligently to try to get an
agreement in the meantime.
Rohm: Good. Thank you.
Zaremba: Thank you.
Moe: Mr. Chairman?
Zaremba; Commissioner Moe.
Moe: Let's see here. I move that we continue Public Hearing RZ 05-008 and Public
Hearing CUP 05-029, to the original -- to the scheduled meeting of the Planning and
Zoning Commission of July the 7th, 2005.
Rohm: Second.
Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That
motion carries. Thank you.
. ;;~~gV'~1'~'
j ~, . , .-_
~CiYy of AAeridi~-~
City~rk ~ffia~~
1503 FIRST STREET SQUTH NAMPA, IDAHO 83651-8395
FAX # 208-463-0092
Phones: Area Code 208
to June Zoos
William G. Berg Jr., City Clerk
City of Meridian
33 Fast Idaho Ave-
Meridian, ID 83642
RE: RZ OS-008/Hawluns Companies/Walgreens
Dear Will:
OFFICE: Nampa 466-7861
SHOP: Nampa 466°0663
Nampa & Meridian. Irrigation District has no facilities that will be impacted by this proposed
project. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian
Irrigation District and no further review will be required.
However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District
requires that a Land Use t~hange Application is filed for review prior to final platting. Please
contact Donna Moore at 466-7861 for further information.
All laterals and waste ways must be protected. The developer must comply with Idaho Code 31-
38p5. It is recommended that imgation water be made available to all. developments within the
Nampa & Meridian Irrigation District.
Sincerely,
~3~~
Bill Henson
Asst. Water Superintendent
Nampa & Meridian Irrigation District
BH/dbg
C: A. Damberger
File -Office/Shop
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
6015E PROJECT RIGHTS - 40,000
1City of Meridian
4City dWlerk Clffic~ ~ ~~
p
1503 FIRST STREET SOUTH NAMPA, IbAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
OFI=ICE: Nampa 466-7861
Roylance & Associates SHOP: Nampa 466-0663
391 W. State Street, Suite E
Eagle, ID 83616
RE: Land Use Change Application - Wal reens ~ 31501N.~.Cherry Lane
Please note the District now requires three, (3) sets of plans
To Whom It May Concern:
Enclosed please find a Land Use Change Application far your use to file with the Irrigation
District for its review on the above-referenced development. If this development is under a
"rush" to be finalized, I would recommend that you submit a cashier's check, money order or
cash as payment of the fees in order to speed the process up. If you submit a company or
personal check, it must clear the bank before processing the application.
Should this development be planning a pressure urban irrigation system that will be owned,
operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P.
Anderson, Water Superintendent for the Irrigation District, concerning the installation of the
pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate
the process of contractual agreements between the owner or developer and the Irrigation
District for the ownership, operation and maintenance of the pressure urban irrigation system.
If you have any questions concerning this matter, please feel free to call on me at the District's
office, or John P. Anderson, at the District's shop.
Sincerely,
~.~
Donna N. Moore, Asst. Secretary/Treasurer
NAMPA & MERIDIAN IRRIGATION DISTRICT
DNM/smc
cc: File
Water Superintendent
Will Berg, City Clerk, Meridian City
enc.
APPROXIMATE IRRIGABLE ACRES
/ RIVER FLOW RIGHTS .23,000
f 8015E PROJECT RIGHTS - 40,000
20 June 2005