HomeMy WebLinkAboutDevon Park Subdivision No. 1 CUP-05-035
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Devon Park Subdivision, request to construct a 4200 square foot
restaurant on Lot 2 Block 3 Devon Park Subdivision No 1.
Case No(s}. CUP-05-035
For the City Council Hearing Date of: September 6, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the September 6, 2005,
public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
ofthe City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation for approval to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
a.
Process Facts
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
Application and Property Facts
2.
3.
a.
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s}, it is hereby
CITY OF MERIDIAN FfNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-O5-035 - PAGE 1 of 4
verified that the property owner(s) of record at the time of issuance of these
findings is Fairview Lakes, LLC.
4. Required Findings per Zoning and Subdivision Ordinance
See Exhibit C of the attached staff report for the findings required for the
application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-
6503).
a.
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received ITom the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Site Plan dated December 20,2005 as shown in
Exhibit A and the Conditions of Approval in Exhibit B of the attached staff report. The
conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval ofthe application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's CUP Site Plan dated December 20, 2005 is hereby conditionally
approved; and
CITY OF MERIDIAN FfNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-O5-035 - PAGE 2 of 4
2. The site specific and standard conditions of approval are as shown in Exhibit B of the
attached staff report.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
xoo of the City Council at its regular meeting held 00 the
'4fJ~~' 2005.
6~
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-O5-035 - PAGE 3 of 4
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED #1;~
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
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Attest:
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and City Attorney.
BY;~ 1Â U flU
City Clerk's Office
Dated:~ -tJ?
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-O5-035 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
SUBJECT
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Meridian City Council ctG;Û ì :,;' ~; '(,
Hearing Date: September 6, 2005 '!;J.\HO II
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Meridian City Council "!~"!<>,,""'r"J"!.~~,!,~, ",' ..g,~", ,t.,
Joseph Guenther, Associate City Planner 19@;
Michael Cole, Development Services Coordinator
Restaurant, Lot 2 Block 3 Devon Park Subdivision No 1
CUP-05-035
STAFF REPORT
TO
FROM:
Request for detailed conditional approval for a restaurant in a C-G zone.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Fairview Lakes,
LLc., is requesting a detailed conditional approval under the existing Conditional Use Pennits for
compliance with Planned Development CUP-02-014, CUP-03-014, CUP-03-054 for Devon Park
Subdivision (PP-03-006). The subject application includes a request to construct a 4200 square foot
restaurant on Lot 2 Block 3 Devon Park Subdivision No 1.
2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard
the item on August 4,2005. At the public hearing they moved unanimously to recommend approval
with the following changes: add the following condition from the memo dated August 2, 2005: 1.11
The applicant shall submit a revised concept plan for the area east ofN. Lakes Avenue. The concept
plan shall provide common. usable areas and/or re-orient the buildings to create a pedestrian-oriented
feature for this development. The concept plan shall be processed conCUITent with the next detailed
conditional use application for the area east ofN. Lakes Avenue.
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: The subject site is located within the bUlUldaries of Devon Park
Subdivision No 1, on the north side ofFairview Avenue, approximately 300 feet east of North
Lakes Place. The site is within Section 06, Township 3 North, Range 1 East. The subject site is
listed as Lot 2 Block 3 of Devon Park Subdivision No 1 and subject to the Planned
Developments ofCUP-02-014 and CUP-03-014 for Fairview Lakes development.
b. Property Owner of Record: Fairview Lakes, LLC
c. Applicant: Fairview Lakes, LLC
d. Representative: Doug Tamura, Tamura and Associates.
e. Present Zoning District: C-G
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request: The applicant is requesting detailed approval to an
approved Planned Development to construct a 4,200 square foot restaurant.
1. Date of CUP site plan (attached as Exhibit AI): December 20, 2004
4. PROCESS FACTS
a. The subject application will in fact constitute a conditional use as detennined by City
Ordinance. By reason ofthe provisions of the Meridian City Code Title 11 Chapter 17, a
public hearing is required before the Commission and City Council on this matter.
b. Newspaper notifications for Commission hearing published on: August 1, 2005 and July 18,
CUP-05-035
Devon Park Subdivision No 1
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2005
c. Radius notices for Commission hearing mailed to properties within 300 feet on; July 8, 2005
d. Applicant posted the Commission hearing notice on site by; July 25, 2005
e. Planning and Zoning Commission conducted a public hearing on: August 4,2005.
f. Newspaper notifications for Council hearing published on: August 15,2005 and August 29,
2005
g. Radius notices for Council hearing mailed to properties within 300 feet on: August 12, 2005
h. Applicant posted the Council hearing notice on site by; August 19,2005
5. LAND USE
a. Existing Land Use(s): Vacant
b. Description of Character of Surrounding Area: This site is rapidly developing along the lines
of the approved commercial subdivision. The properties to the north and east ofthis site have
not yet been developed in the City. Devon Park Subdivision to the west has had detailed
conditional use pennits approved for commercial uses.
c. Adjacent Land Use and Zoning
1. North: Future phase of Devon Park Subdivision Commercial, zoned C-G
2. East: Future phase of Devon Park Subdivision Commercial, zoned C-G
3. South; Single-family lots, zoned R-8
4. West: Devon Park Subdivision Commercial, zoned C-G
d. History of Previous Actions: In 2002, the City approved annexation and zoning of24.89
acres to C-N (Neighborhood Business District), C-G (General Retail and Service
Commercial), and R-40 (High Density Residential) for Fairview Lakes Planned Development
with file #AZ-02-011 and Conditional Use Pennit for a Planned Development (CUP-02-014)
approval was also granted in 2002. Under this approval all uses required detailed approval as
conditioned. In 2003 the Planned Development was amended to allow 25 small commercial
lots (CUP-03-014) and Devon Park Subdivision No 1 received Preliminary Plat approval, PP-
03-006.
e. Existing Constraints and Opportunities
1. Public Works:
Location of sewer; There is an existing sewer main located in N. Lakes that was
installed during Devon Park Subdivision No 1.
Location of water; There is an existing water main located in N. Lakes that was
installed during Devon Park Subdivision No1.
Issues or concerns: There was no conceptual designed submitted. Applicant shall
coordinate main size and routing with Public Works, and comply with all City of
Meridian Standard Specifications and Drawings.
2. Vegetation: This site has historically been graded for development. There are no
existing trees or plantings on this site.
3. Flood plain: NA
CUP-05-035
Devon Park Subdivision No 1
PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
4. CanalslDitches Irrigation: NA
5. Hazards: NA
6. Existing Zoning: C-G
7. Size of Property: 0.84 acres
8. Description of Proposed Use: The applicant is proposing to construct a 4,200 square
foot restaurant.
f. Landscaping:
1. Width of street buffer(s): 30-foot wide street buffers are proposed along Fairview
Avenue. A 10-foot street buffers is proposed along the access point. Fairview Avenue
is a major Arterial.
2. Percentage of site as open space (for PP and PD applications):NA
3. Other landscaping standards: MCC 12-13-11 requires landscaping within and
around parking lots. The landscaping standards for parking lots should be required
with a Certificate of Zoning Compliance pennit (see Conditions of Approval in
Exhibit B).
g. Conditional Use Infonnation:
1. A restaurant/retail in Devon ParklFairview Lakes requires detailed Planned
Development review as required by Condition #1 of Site Specific Conditions of
approval CUP-02-014.
h. Off-Street Parking (non-residential uses):
1. Parking spaces required: RestaurantslRetail are specifically listed in the Schedule
of Parking Space Requirements (MCC 11-13-5). For uses listed in this section,
parking spaces shall be provided at one space per 200 square feet of gross floor area.
The applicant is proposing 39 parking stalls as shown on the site plan submitted with
the application. Staff believes that the number of proposed parking stalls should be
sufficient to operate the restaurant, but the size, dimension, and landscaping shall be
required in more detail upon submission of the certificate of zoning compliance
application.
2. Parking spaces proposed:
39
3. Compact spaces proposed: 0
4. Off-site parking proposed: NA
5. Percentage of interior parking as landscaping: With the Certificate of Zoning
Compliance application, staff should ensure that the proposed parking lot is improved
with landscaping according to MCC (see Conditions of Approval in Exhibit B).
6. COMMENTS MEETING On July 7, 2005, a joint agency/department comments meeting was held
with representatives of key service providers to this property. Several comments were received from
multiple departments. Based on the comments received fÌ'om other agencies/departments, staff finds
that the public services required can be made available to accommodate the proposed development.
Staff has included all comments and recommended actions as Conditions of Approval in the attached
Exhibit B.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
Plan Policies and Goals relevant to the subject application:
Staff finds the following Comprehensive
CUP-05-035
Devon Park Subdivision No 1
PAGE 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Chapter VII Goal I Objective B Action 3. Locate small-scale neighborhood commercial areas
within planned residential developments as part of the development plan.
Generally, the Mixed Use designation will provide for a combination of compatible
land uses that are typically developed under a master or conceptual plan. The mixed
use plan was conceived under CUP-O2-014 as Fairview Lakes Office Park.
Sample Uses are listed as entertainment, clean industry, and major employers. The uses
of Restaurant/Retail are similar to the sample uses listed on Page 98 Chapter VII of the
Meridian City Comprehensive Plan.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-8-1, Schedule of Use Control, lists
restaurants/retail as pennitted uses in a C-G zone.
b. Purpose Statement of Zone:
(C-G) General Retail and Service Commercial - The purpose ofthe (C-G) District 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 oftravel-related services as well as retail
sales for the transient and permanent motoring public. All such districts shall be
connected to the Municipal Water and Sewer systems of the City of Meridian, and
shall not constitute strip commercial development and encourage clustering of
commercial development.
c; General Standards: According to MCC 11-17-1, the City should impose any condition(s)
deemed necessary to insure compatibility of the development (CUP) with other uses in the
vicinity and such additional safeguards as are necessary to uphold the intent of the
ordinance. Because single-family residences are planned surrounding the proposed model
home display area, staff recommends that the hours of operation be limited to 6 a.m. to 10
p.rn. Please see Conditions of Approval in Exhibit B.
MCC 11-19~1 states that: "No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or changed in use
without a certificate of zoning compliance issued by the Administrator. A certificate of zoning
compliance shall be issued only in confonnity with the provisions of this Title and shall be
required before the issuance of a building permit." In accordance with MCC 11-19-1, the
applicant should be required to submit certificate of zoning compliance (CZC) application(s)
for the proposed model homes and parking lot. Usually, planning staff requires separate CZC
applications for each building or structure. In this instance staff believes that all of the general
standards required by ordinance (landscaping, parking lot dimensional standards, setbacks,
etc.) can be evaluated with a single CZC application. Please see Conditions of Approval in
Exhibit B.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. CUP Application: Based on the policies and goals contained in the Comprehensive
Plan and the general compliance of the proposed development with the Zoning
CUP-05-035
Devon Park Subdivision No 1
PAGE 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Ordinance, staff believes that this is a good location for a restaurant. Please see Exhibit C
for detailed analysis of facts and findings.
b. Staff Recommendation: Staffrecommends approval ofthe subject Planned Development
request with the conditions contained in Exhibit B. Staff has prepared findings consistent with
this recommendation.
c. Planning Conunission Recommendation; The Meridian Planning and Zoning Conunission
heard the item on August 4, 2005. At the public hearing they moved lillanimously to
recommend approval with the following changes to the Staff Report:
Addition of the following condition from the memo dated August 2,2005:
1.11 The applicant shall submit a revised concept plan for the area east of N. Lakes Avenue. The
concept plan shall provide common. usable areas and/or re-orient the buildings to create a pedestrian-
oriented feature for this development. The concept plan shall be processed concurrent with the next
detailed conditional use application for the area east ofN. Lakes Avenue.
10. PROPOSED MOTIONS
Approval
I move to approve File Number CUP-05-035 as presented in staff report dated September 2, 2005
and the site plan dated December 20, 2004 with the following conditions of approval as listed in
Exhibit B.
Denial
I move to deny the request of Devon Park Subdivision, File Numbers CUP-05-035 for Fairview
Lakes LLC and direct staff to prepare findings for denial as derIDed in the public hearing of
September 6,2005.
11. EXHmITS
A. Drawings
1. CUP Site Plan titled Fairview Lakes Exhibit (dated: December 20,2004)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Sanitary Service Company
C. Required Findings from Zoning Ordinance
CUP-05-035
Devon Park Subdivision No 1
PAGE 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
A. Drawings
CUP Site Plan dated December 20, 2004
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Devon Park Subdivision
CUP-05-035
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
B. Conditions of Approval
1 PLANNING DEPARTMENT:
1.1
All applicable conditions of the previously approved Devon Park Subdivision and Fairview Lakes
Planned Development, AZ-02-0ll, PP-03-006, CuP-02-0l4, CuP-03-014 and CUP-03-054 shall
also be considered conditions of the subject of Conditional Use Pennit (CUP-05-035) application.
No building or other structure shall be erected, moved, added to or structurally altered, nor shall
any building, structure or land be established or changed in use without a Certificate of Zoning
Compliance (CZC) issued by the Planning Department. NOTE: A CZC application may include
multiple buildings and the parking lot.
1.2
1.3
Prior to issuance of a Certificate of Zoning Compliance (CZC) pemrit and construction of the
restaurant.
1.4
The proposed 39-stall parking lot on Lot 2, Block 3 Devon Park Subdivision No 1, shall be
landscaped in accordance with MCC 12-13-11. NOTE: This requirement may reduce the number
of parking stalls that can fit on the lot. Therefore, at least 21 on-site parking stalls shall be provided
for the restaurant/retail use.
1.5
1.6
Comply with the conditions and comments of all City Departments, and other agencies.
All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing surety
to the City in the fonn 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.
1.7
If construction has not begun within 18 months of City Council approval, a new conditional use
pemrit must be obtained prior to the start of development.
Outside lighting shall be designed and placed in such a manner as to eliminate glare and
illumination ofthe adjoining roadways and properties, in accordance with City Ordinance Section
11-13-4.C.
1.8
Applicant's (or successor's) failure to comply with any of the tenus of approval of the conditional
use pennit shall be cause for revocation of the conditional use pennit.
1.10 All landscape buffers shall be approved under the certificate of zoning compliance application
process and all landscaping shall be constructed prior to the issuance of any Certificate of
Occupancy within the subdivision.
1.11 The applicant shall subnùt a revised concept plan for the area east ofN. Lakes Avenue. The concept
plan shall provide common. usable areas and/or re-orient the buildimrs to create a pedestrian-
oriented feature for this development. The concept plan shall be processed concurrent with the next
detailed conditional use application for the area east ofN. Lakes Avenue.
1.9
Devon Park Subdivision
CUP-05-035
2.1
2.2
2.3
2.4
2.5
3.2.2
3.2.3
3.2.4
3.2.5
3.2.6
3.2.7
3.2.8
3.3
3.4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2
PUBLIC WORKS DEPARTMENT
All development improvements, including but not limited to sewer, fencing, pressurized irrigation
and landscaping shall be installed and approved prior to obtaining certificates of occupancy.
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process, prior to signature on the [mal plat per
Resolution 02-374
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.
The applicant shall be responsible for application and compliance with any NPDES Pennitting that
may be required by the Environmental Protection Agency.
The applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Anny Corps of Engineers.
2.6
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 shall 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. The
applicant is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding shallow Injection Wells.
3
3.1
MERIDIAN FIRE DEPARTMENT
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.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
3.2
3.2.1
Fire Hydrants shall have the 4 Y:z" outlet face the main street or parking lot aisle.
The Fire hydrant shall not face a street which does not have addresses on it.
Fire hydrant markers shall be provided per Public Works spec.
Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant
location.
Fire Hydrants shall be placed on comers when spacing pennits.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
Fire hydrants shall be place 18" above finish grade.
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 of28' inside and 48' outside radius.
Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance'
with Appendix D Section DI03.6 Signs.
Devon Park Subdivision
CUP-05-035
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
3.5
3.6
Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping.
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.
3.7
Commercial and office occupancies will require a fire-flow consistent with the futernational Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
The 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.
3.8
3.9
Maintain a separation of 5' from the building to the dwnpster enclosure.
3.10 Provide a Knoxbox entry system for the complex prior to occupancy.
3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.12 Provide exterior egress lighting as required by the futemational Building & Fire Codes.
3.13 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
3.13.1 For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
3.13.2 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).
3.14 There shall be a fire hydrant within 100' ofa11 fire department connections.
4
4.1
SANITARY SERVICE COMPANY
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.
Devon Park Subdivision
CUP-05-035
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
C. Required Findings from Zoning Ordinance
1. CUP Findings:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in tenus of the following and may approve a conditional use pennit
if they shall fmd evidence presented at the hearing(s) is adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and aU yards, open
spaces, parking, landscaping and other features as may be required by this
ordinance;
The Council fmds that the subject property is large enough to accommodate the
requested use and all other required features as noted above.
There are 21 required parking stalls for approximately 4,200 square feet of
retaiVrestaurant space. The applicant is proposing 39 parking stalls on these lots. So,
staff concludes that the site is large enough to accommodate the proposed uses.
Perimeter landscaping has been approved under the Fairview Lakes/Devon Park Planned
development. The applicant has shown the required landscape buffers on the site plan.
Intemallandscaping will be addressed through Certificate of Zoning Compliance
Approval.
B. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements, of this
Ordinance;
The current Comprehensive Plan Land Use Map designates the property as "Mixed Use
Community". The Comprehensive Plan text policies of Chapter VII, including the
requirement for all development to proceed through a CUP and allowing retail uses, are
met with this plan. The Council finds that the proposed commercial/retail use is
hannonious with and in accordance with the Comprehensive Plan.
As noted in the Findings for File #CUP-03-054, the "Mixed Use-Community" policies
(Ch. VII, pg. 98) set a maximum of 200,000 s.f. of non-residential uses per each area
with a MU-C designation. If approved, the proposed 4,200 s.f. building will be counted
toward this allowable square footage of non-residential uses within the entire Fairview
Lakes/Devon Park development. The square footage increase is still under the
maximum 200,000 s.f. allowed.
C. That the design, construction, operation, and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character ofthe same area;
The Council finds that the Planning & Zoning Commission and City Council have
previously detennined the proposed uses and site configuration to be compatible with
the general neighborhood.
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D. That the proposed use, ifit complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
The Council does not anticipate that the revised project will have an adverse impact on
other properties within the vicinity; however, the Commission and Council should
consider any testimony (written and oral) presented at the public hearings before making
this finding.
In CUP-03-054 (Devon Park No.1 and No.2) the applicant agreed to the following
condition:
Per Finding B.2, the applicant shall review the commercial/retail portion of the Site
Plan east of N Lakes Avenue for any potential areas to provide common, usable areas
and/or re-orient the buildings to create a pedestrian-oriented feature for the
development. No more than 50% of the proposed building area (or 36,300 square feel}
in the area east ofN Lakes Avenue and south olE. Carol Street shall be approvedfor
detailed conditional use permits until a revised concept is submitted to the City
demonstrating how this common area will be provided.
Prior to the August 2, 2005 public hearing, the City has granted detailed conditional use
approval to 25,429 square feet of building area. The request before you is for an
additional4,200 square feet-bringing the total to 29,629 square feet. Meanwhile, the
overall proposed building area for the site has decreased somewhat such that 50% now
represents 33,340 square feet (instead of 36,300 square feet). Also, the parking and
circulation system has been developed for over 50% of the site. Therefore, staff
recommends that the Planning Commission add the following condition of approval:
1.11 The applicant shall submit a revised concept plan for the area east of N Lakes
Avenue. The concept plan shall provide common, usable areas and/or re-orient the
buildings to create a pedestrian-oriented feature for this development. The concept plan
shall be processed concurrent with the next detailed conditional use application for the
area east ofN Lakes Avenue.
To mitigate any potential adverse impact, the applicant must comply with the minimum
buffers between land uses widths, as noted in Finding C above.
E. That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such services;
The Council finds that the revised development plans will be adequately served by the
essential public facilities and services listed above. The applicant has already received
approval for these services as part of previous applications.
F. That the proposed use will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental to the economic
welfare of the community;
The Council finds that the proposed use would not be detrimental to the economic
welfare of the community, nor would it create the need for any new facilities or services
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CITY OF MERIDIAN PLANNING AND ZONfNG DEP ARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
to be paid for by the public that would be considered excessive. The use will actually be
a net contributor to the tax base and job base of the City.
G. That the proposed use will not involve activities or processes, materials, equipment,
and conditions of operation that will be detrimental to any persons, property, or
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
The Council finds that there will be similar levels of traffic and noise in the general
vicinity of the revised project when compared to the original project. Staff further finds
that approval of the revised project will not lead to a major increase in smoke, fumes,
glare, odors or other disturbances that will be considered detrimental to the welfare of
the City and the subdivision's neighbors.
H. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create an interference with traffic on surrounding public
streets;
The Council finds that the proposed use and vehicular approaches will not create
significant interference with any traffic on the surrounding public streets. A traffic signal
has been approved for the intersection ofN. Lakes Avenue and E. Fairview Ave, which
should enhance the movement and circulation of traffic in this area.
Please review the ACHD report for this project for additional information regarding this
rIDding.
I. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Council does not fmd that any natural or scenic feature will be lost, damaged or
destroyed by issuance of this conditional use. Existing trees greater than 4" caliper must
be retained or mitigated for, if removed.
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