HomeMy WebLinkAboutKohl's Department Store CUP-05-048
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
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-~--- >--__-Io,..the Matter of Conditional Use PermiCför a-96,000 sq. ft. Department Store in a C-G
Zone for Kohl's by W.H. Moore
Case No(s). CUP-05-048
For the Planning & Zoning Commission Hearing Date of: November 3, 2005
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of 11/03/05 incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of 11/03/05 incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
11/03/05 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of 11/03/05 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 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 ofthe 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 §
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-048 - PAGE 1 of 4
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 Commission Chair and City Clerk and then a copy served by the
Clerk upon the applicant, the Planning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description, Site Plan, Building Elevations,
and the Conditions of Approval all in the attached Staff Report for the hearing date of
11/03/05 incorporated by reference. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-5A 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 and Landscape Plan as evidenced by having submitted
the plans dated 1017/05 is hereby conditionally approved; and,
2. The applicant's CUP building elevations as evidenced by having submitted the
"Exterior Elevations" sheet from P&R Architects dated 9/29/05; and,
3. The following modifications to site specific conditions were made at the Planning &
Zoning Commission hearing:
a. Applicant shall work with Planning Department staff to modify the south and
west building elevations per the staff report. In particular, the Commission supports a
modification to the west elevation's roof line, wall projections, and screening since it is
visible from eastbound Ustick Road traffic (an entryway corridor).
4. The site specific and standard conditions of approval are as shown in the atiached Staff
Report for the hearing date of 11/03/05 incorporated by reference.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Pennit Duration
Please take notice that the conditional use pennit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of pennanent footings or
structures on or in the ground. For conditions use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-048 - PAGE 2 of 4
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 (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.l, the Director may authorize a single extension ofthe
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as detennined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use pennit entitles the Owner to 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 pennit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Attached: Staff Report for the hearing date of 11/03/05.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-048 - PAGE 3 of 4
By action ofthe Planning & Zoning Commission at its regular meeting held on the \lth
dayof-NG"fe:m\cc/ ,2005.
COMMISSIONER MICHAEL ROHM
VOTED ~
COMMISSIONER DAVID MOE
VOTED \ ~(l ,
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED \ t- 0..
COMMISSIONER KEITH BORUP
VOTED L'Yo....
COMMISSIONER DAVID ZAREMBA
(CHAIR)
VOTED IAR.Æ....
I
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CHAIRMAN MVID ZAREMBA
Attest:
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
B~~ 0 1f'"
ity Clerk's Office
Dated:Jl2}-OS
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-048 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
STAFF REPORT
Planning & Zoning Commission
Hearing Date: 11/3/2005
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TO:
FROM:
P&Z Commission
Brad HawkinswClark, Principal City Planner
SUBJECT:
Michael Cole, Development Services Coordinator
Kohl's Department Store
File No. Cupw05-048
Conditional Use Pennit for a 96,000 sq. ft. Department Store in a C-G Zone
for Kohl's byW.H. Moore
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Winston H. Moore, is requesting a Conditional Use Pennit (CUP) to construct a 96,090-
square foot Kohl's Department Store on approximately 8.33 acres within the CentrePoint Marketplace
development at the northwest comer of Us tick Road and Eagle Road/SH-55. The application states
Kimco Development is a joint partner with W.H. Moore Company for the Kohl's building. This is the
first detailed CUP application and would be the first building constructed within the CentrePoint
Marketplace project. The 58wacre site was approved for annexation with a Development Agreement (DA)
in March 2004 under the name Blue Marlin (see File No. AZ-03-025). The DA (Instrument No.
105048798) requires that any future use be approved either through a site specific CUP application or a
Planned Development. A concept plan for the overall site was submitted with the application for
infonnation purposes (not for fonnal approval).
The Commission should note that, while the Landscape Plan shows Eagle Road landscape buffers, the
legal description for the Kohl's site does not touch Eagle Road. Therefore, this CUP and staff report will
not apply to the Eagle Road buffers. It also means that Kohl's must be addressed off of Us tick Road and
not Eagle Road.
A Variance application, submitted concurrently with this CUP application and before the City Council on
November 1, 2005, proposes three new approaches to N. Eagle Road/State Highway 55, including two
restricted access and one full access driveways. On September 29,2005, the Idaho Transportation
Department (ITD) approved two right-inlright-out and one full access approach pennits. The Variance
application pertains to the full 58 acres while the Kohl's CUP application pertains to approximately 8.33
acres at the south end of the site. The City Council has final decision authority on the Variance
application while the P&Z Commission has final decision authority on the CUP application.
2. SUMMARY RECOMMENDATION
Staff is recommending approval with conditions ofthe subject CUP application (CUP-05-048). We are
recommending that the Commission require the applicant to revise the building's west and south
elevations (facing Eagle and Ustick Roads) to comply with Section ll-3A-19 of the Unified Development
Code (ODe) and to add a new 8wfoot wide walkway in the parking lot. While the Ada County Highway
District (ACHD) Commission will not hold a hearing on this application until November 9, 2005, the
ACHD staff report has been issued and they do not believe it is necessary for the City of Meridian to
continue the CUP public hearing because all roadway improvements are being made in accordance with
their standards. ACHD is requiring the applicant to close the first east-west driveway that is north of
U stick in the southwest comer of the site. Staff supports this modification to the site plan.
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
Kohls-CUP
CUP-05-048
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11103/05
NW comer of Us tick Road and Eagle Road/SH55
Township 4N, Range IE, Section 32
b. Owner
Winston H. Moore
1940 Bonito Way
Meridian, Idaho 83642
c. Applicant:
Winston H. Moore
-- 121:0 Bonito Way
Meridian, Idaho 83642
d. Representative:
e. Present Zoning:
Jonathan Seel, W.H. Moore Company
General Retail and Commercial (C~G), Meridian
f. Present Comprehensive Plan Designation:
Mixed Use-Regional- 2002 Comprehensive Future Land Use Map
g. Description of Applicant's Request:
1. See Exhibit A (prepared by Quadrant Consulting) for a copy ofthe detailed site plan
which depicts the building, parking and access locations. Exhibit B shows the proposed
landscape plan.
h. Applicant's Statement/Justification: The application notes that Kohl's is a family-focused,
value-oriented specialty department store with 637 stores in 40 states. They employ over
100,000 people nationwide and would employ approximately 150 people in the Meridian
store, generating property tax revenues of nearly $100,000 to the City. The applicant notes
the ideal location for a retail department store. They also note the intersection widening
improvements currently being constructed by W.H. Moore Company and Brighton
Corporation at Ustick and Eagle and that a new public road along their west boundary will
improve traffic movement in the area.
4. PROCESS FACTS
a. The subject application will in fact constitute a conditional use permit as determined by City
Ordinance. By reason of the provisions ofthe Meridian City Code Title 11, Chapter 5, Article
A (Table II-SA-I), a public hearing is required before the Planning & Zoning Commission on
this matter.
b. Newspaper notifications published on: October 17th 2005 and October 31512005
c. Radius notices mailed to properties within 300 feet on: October 141h 2005
d. Applicant posted notice on site by: October 22nd 2005
5. LAND USE
a. Existing Land Use(s): Bare land
b. Description of Character of SuITounding Area:
services, rapidly urbanizing
Large lot residential, highway-oriented
c. Adjacent Land Use and Zoning
1. North: Future pad sites within CentrePoint Marketplace, zoned C-G.
2. West: An outparcel, zoned RUT (Ada Co.); and Champion Park Subdivision, zoned
R-8. (The approved Planned Development site plan for Champion Park shows an indoor
Kohls-CUP
CUP-05-048
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11103/05
storage facility adjacent to the subject parcels.)
3. South: Three undeveloped parcels, zoned C-G with a Development Agreement.
4. East: Future pad sites within CentrePoint Marketplace, zoned C-G.
d. History of Previous Actions: In July 2002, the owner and City entered into a "Consent to
Annexation Agreement" where the City agreed to supply water and sewer service to the 58
acres and owner agreed to annex when contiguous to city limits. Also, File AZ-03-025,
Annexation and Zoning for Blue Marlin. Same property was annexed and zoned to General
Retail and Commercial (C-G) with a Development Agreement.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
Extension of mains in Ustick Road
Extension of mains in Ustick Road
Issues or concerns:
None
2. Vegetation: Agricultural/Irrigated
3. Flood plain: N/A
4. CanalslDitches Irrigation: The Layton Lateral courses the southern part of property
5. Hazards: None identified
6. Size of Property: 8.33 acres
7. Description of Use: One, 96,090 s.f. department store (Kohl's) and associated
parking and landscape improvements.
f. Subdivision Plat Infonnation - NI A
g. Landscaping -
1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle
Road are designated as "Entryway Corridors." As such, the UDC (Table ll-2B-3)
requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan
(Sheet Ll.l) proposes a 35-foot wide buffer along Eagle Road. However, the legal
description for the Kohl's site does not place it contiguous to Eagle Road. As such,
this CUP application will not apply to Ea2le Road. If the applicant proposes to
construct the Eagle Road buffer as an off-site improvement with the Kohl's CUP, the
landscaping standards required in the UDC shall apply.
2. Width ofbuffer(s) between land uses: Table 11-2B-3 requires a 25-foot wide
buffer between commercial uses on C-G-zoned land and residential uses. The property
to the west, Champion Park Subdivision, is zoned R-8, and becomes contiguous to the
CentrePoint site approximately 460 feet north of the Ustick Road right-of~way. (There
is an outparcel between Champion Park and the Kohl's site at the southwest comer of
the site which was not a part of either the Blue Marlin or Champion Park annexation.)
Champion Park was approved with a PD use exception and their site plan currently
shows storage units along their east boundary. (Note: Staff was informed on Friday,
10/28/05, that an application to amend the Champion Park PD to remove the storage
uses and construct patio homes is being submitted on October ]1'1.)
3. Percentage of site as open space: The UDC does not require open space or site
amenities for single commercial uses.
Kohls-CUP
CUP-05-048
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 1 ]/03/05
4. Other landscaping standards: The landscape buffer along Ustick Road should be
constructed in accordance with UDC Chapter 3, Article B.
h. Planned Development Characteristics - N/ A
i. Conditional Use Information:
1. Non-residential square footage:
2. Proposed building height: 30 feet
3. Percentage of site devoted to building coverage:
4. Percentage of site devoted to landscaping:
5. Percentage of site devoted to paving: 62.9%
96,090
25.9%
11.51 %
6. Percentage of site devoted to other uses:
7. Number of Residential units: N/A
j. Amenities - While no amenities are required under the UDC for single commercial uses, the
applicant notes that the front of the building includes an entry plaza with landscape and hard
paved surfaces.
N/A
k. Off-Street Parking (residential uses) - N/A
1. Proposed and Required Residential Standards - NI A
ill. Proposed and Required Non-Residential Parking - One off-street parking space required for
every 500 square feet of gross floor area. Also, one Type A and one Type B parking space
required for the loading area (per UDC l1-3C-8). The proposed building floor area is 96,090
s.f., which requires 192 parking spaces. 412 parking spaces are proposed. There are no Type A
or Type B spaces shown.
n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
The applicant is proposing three new access points to Eagle Road/SHSS to serve the
entire CentrePoint Marketplace project at the following locations:
.
Driveway #1 - 1,700 feet north of Us tick
Driveway #2 (main access, aligned with Baldcypress) -] ,375 feet north of
Ustick
.
. Driveway #3 - 700 feet north of Us tick
As noted above, ITD issued right-inlright-out pernúts for Driveway #1 and #3 and a full
movement access pennit for Driveway #2, until such time as median barriers are installed
on Eagle Road. In addition, the recorded DA between the applicant and the City requires
either a public or private street be constructed parallel to Eagle Road/SH55 that may
connect to the north boundary and may also connect to Eagle Road, if allowed by lTD.
In addition, the applicant is proposing three new access points to Ustick Road at the
following locations:
. Driveway #1 - 400 feet west of Eagle (right-inlright-out with center median)
. Driveway #2 - 600 feet west of Eagle (full access)
. Driveway #3 - 1,100 feet west of Eagle (full access public street with proposed
traffic signal)
Kohls-CUP
CUP-05-048
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
Ustick Road, from Leslie Drive to Ally Street (on east side of Eagle Road), including the
Eagle Road intersection, has just been widened and improved to 5 lanes. The intersection
was widened to include dual left turn lanes.
The applicant's CUP site plan shows a new public, commercial street extending north of
Ustick Road, beginning approximately ~ mile west of Eagle RoadlSHSS. The site plan
(Sheet S-l) shows this roadway as a 40~foot street section, continuing as a public street
along their west boundary to approximately 120 feet north ofthe Kohl's north property
line. The concept plan shows the road eventually stubbing to the north property line.
Their plan shows private, internal driveways connecting to this public street; such
driveways run east-west and connect to Eagle RoadlSHSS.
For a detailed report on both ITD's and ACHD's actions and comments, please see the
letters/reports submitted with the application.
6. AGENCY COMMENTS MEETING On October 14th 200S, staff held an agency comments
meeting. The agencies and departments present included: Meridian Fire Department, Meridian
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all
comments and recommended actions as Conditions of Approval in Exhibit F.
7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed
Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation
is derIDed in part as an area that is situated in highly visible or transitioning parts of the City where
innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square
footage of non-residential uses and is intended to allow a broad range of uses.
Staff also fmds the following 2002 Comprehensive Plan text policies to be applicable to this application:
.
"Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III,
Obj. D, #3, page 43)
"Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should
be protected by minimizing the number and location of private driveway access connections to
this important roadway. The City should recognize, adopt, and help implement the Eagle Road
Access Control Study, prepared by ACHD in 1997." (Chapter VI, page 71)
"The capacity of arterial. . .roadways can be greatly diminished by excessive driveway
connections to the roadways. The City should cooperate with ACHD to minimize access points
on arterial. . .roadways as development applications are reviewed." (Chapter VI, page 72)
"Develop methods, such as cross-access agreements, :fi-ontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
"Identify transitional zones to buffer commercial and residential uses, to allow uses such as
offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102)
"Restrict curb cuts and access points on. . .arterial streets." (Chapter VII, Goal IV, Obj. D, #5,
page 107)
.
.
.
.
.
8. UNIFIED DEVELOPMENT CODE
Kohls-CUP
CUP-05-048
a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists retail store uses as
pennitted uses in the C-G zoning district.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the
retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
PAGES
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways.
c. General Off-Street Parking Standards (from UDC 11 ~3C~5):
. The following standards shall apply for off-street vehicle parking for nonresidential uses: In
all Commercial Districts and Traditional Neighborhood Districts the requirement shall be one
(1) space for every five hundred (500) square feet of gross floor area.
TABLE 8-4G-3: REQUIRED LOADING SPACES BY GROSS FLOOR AREA
GROSS FLOOR AREA ,IN.'
" .' , ',S' UAREFIi1ET' , "
0 to 36,000
36,001 to 100,000
Each additional 75,000 or fraction
thereof
REQ{JþJ):t}T~ AND NUMBER
, ' 'Qf1:$U: ES
.
Type A spaces shall be not less than twelve feet (12') in width and thirly~five feet (35') in
length. Type B spaces shall be not less than fifteen feet (15') in width and sixty-five feet (65')
in length. All spaces shall have fourteen feet (14') of vertical clearance.
.
Parking and loading areas shall be designed so vehicles shall not back out into the street.
.
No off-street loading space shall be located closer than fifty feet (50') to an abutting rural or
residential district unless wholly enclosed within a sound attenuating structure, such as
masonry block. No off-street loading space shall face an abutting residential district.
.
Any off-street loading space located within fifty feet (50') feet of a residential district shall
not operate between the hours of 10:00 p.m. and 7:00 a.m.
.
All lighting provided to illuminate a parking area shall comply with the lighting standards
provided in Article A STANDARD REGULATIONS IN ALL DISTRICTS of this Chapter.
d. Structures Subject to Design Standards (11-3A-19.B.5): All structures on property adjacent to an
entryway corridor (Ustick Road) are subject to the design standards listed in this section.
e. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HV AC equipment, trash
dumpsters, trash compaction and other service functions shall be incorporated into the overall
design of buildings and landscaping so that the visual and acoustic impacts of these functions are
fully contained and out of view from adjacent properties and public streets.
9. ANALYSIS
9a. Analysis of Facts Leading to Staff Recommendation
The CUP application substantially complies with the Unified Development Code. However, there
are several areas of clarification and some modifications required to both the site plan and
building elevations in order for staffto recommend full approval ofthe application. Below are
Kohls-CUP
CUP-05-048
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11103/05
several special considerations for the P&Z Commission to review at the public hearing:
Kohls-CUP
CUP-05-048
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 1 ]/03/05
SPECIAL CONSIDERATIONS
1. Loading Space Parkin!!: UDC 11-3C~8 requires off-street loading spaces for commercial
uses. The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate
that both a Type A and Type B space are available on site, located near the refuse/service
area behind the building.
2. Elevations: The applicant has submitted building elevations ofthe proposed structure (see
Exhibit C). The application lists the proposed building materials, including a concrete tilt-
up wall, EIFS textured coating, white aluminum storefront and accent reveal lines. UDC
11-3A~19 requires all structures on property adjacent to an entryway corridor to comply
with the design standards listed in this section. Staff s interpretation of the UDC is that
the applicant may choose to place the "primary entrance" on an elevation other than the
public street side. However, the public street elevations (U stick Road and the new road
on west boundary) must still meet the other standards listed in 11-3A-19 (except for the
primary entrance standards).
The west and south elevations will need to be modified to comply with the following
ordinance standards (staff analysis in italics):
a) Facades: Facades visible from a public street shall incorporate modulations in
the façade, roof line recesses, and projections along a minimum of twenty percent
(20%) of the length of the facade.
Modulation/Projection: The south elevation is approximately 290 feet in length.
20% of the building length is 58 feet. The elevation does currently have two main
projections that are approximately 38 feet and 12 feet long respectively. There
are three other column projections that are each approximately threefeet wide,
for a total of ninefeet. Cumulatively, these projections meet the 20% standard.
The west elevation is approximately 320feet in length. 20% of the building
length is 64 feet. The elevation shows four column projections that total
approximately 12feet. The wall does modulate to accommodate the dock/berth
area. Staff recommends the Commission review the west elevation to determine if
the dock modulation meets the intent of the ordinance. If not. additional
vro;ections and/or modulations will be reQuired.
Roof Line Recess: There is one proposed recess/indentation in the south
elevation roof line, which occurs near the west wall at the mezzanine. In
addition, the 38-foot projection extends above the main roof line, creating the
effect of a roof line recess. The Commission will need to determine if the one
recess and the pro;ection extension meet the intent of the UDC's standard to
provide roof line recesses. There are no roof line recesses on the west elevation.
This elevation must be modified to comply with UDC lJ-3A-19.C1.a.
b) Roof lines: Roof design shall demonstrate two or more of the following: a)
overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying
parapet heights; and e) cornices.
The roof line along the south elevation currently shows one of the above options
- two or more roof planes (c) but the west elevation does not show any. The
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
Kohls-CUP
CUP-05-048
mezzanine roof is at a different height than the main structure roof," creating two
different roof planes. The building does have a parapet that is approximately
seven feet in height (I8feet to roof and 25'-8" to top of parapet}. However, the
parapet height matches the roof line height variation and should not be allowed
to meet the second requirement here. Staff recommends the applicant modifY the
west and south elevations to provide either overhanging eaves or create more
variation in the main building's parapet height. Alternatively, this standard could
be met by constructing a second projection to match the 38-:loot wide projection
at the east end of the south elevation.
c) Mechanical equipment: All ground-level and rooftop mechanical equipment
shall be screened to the height of the unit as viewed from the property line.
Given the height of the proposed parapet (approx. seven feet}, staff believes any
roof-mounted mechanical equipment will be screened and this standard will be
met. However, this will need to be conJìrmed at the time of CZC application.
d) Color and Materials: Exterior building walls shall demonstrate the appearance
of high-quality materials of stone, brick, wood or other native materials. .
.Smooth.faced concrete block, tilt-up concrete panels, or prefabricated steel
panels are prohibited except as accent materials.
The proposed structure is tilt-up construction. The UDC does allow "textured
architectural coated concrete panels" as permissible material. The west
and south elevations call-out a "colored coating" material on the concrete
panels, which is acceptable. However, since these elevations will be clearly
visible from the Ustick entryway corridor, staff recommends an additional
material and/or color which compliments the east elevation be added to the west
and south elevations (e.g. porcelain tile, different EIFS color).
3. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call-out how or if
the refuse/service area on the west side of the building will be screened. UDC 11-3A-12
requires the visual and acoustic impacts of these functions are fully contained and out of
view from adjacent properties and public streets. The applicant's CZC application must
clearly demonstrate how this standard is met.
4. Inil!ation Pumo House: No irrigation pump station or facility is shown on the Site Plan.
However, if one is proposed for the site, it must be located outside of any required street
buffer. Impervious surfaces are prohibited in said buffers.
5. New Street Buffer-West Boundary: The applicant is not showing any landscaping on the
west side of the new public street along the west boundary. Landscaping is shown on the
east side only. Staff is recommending the applicant construct both IO-foot wide street
buffers along the full length of the new street with the site improvements in order to
provide for consistent plant growth patterns and to improve the aesthetics at this main
entrance to the development.
6. Parking Lot Extension: The asphalt surface at the east end of the parking lot is currently
shown at approximately IO feet beyond the landscape planters. This surface will need to
PAGE 9
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
be extended to at least 20 feet and provide for two-way vehicular movement to the north
and south parking aisles.
7. Pedestrian Walkways: UDC 11-3A-19.CA requires the following for building located
adjacent to an entryway colTidor
a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width
shall be provided from the perimeter sidewalk to the main building entrance. The
walkway width shall be maintained clear of any outdoor sale displays, vending
machines, or temporary structures.
The Site Plan (Sheet S-1) will need to be mod(fied to provide an 8-100t wide pedestrian
walkway from the Ustick Road sidewalk to the sidewalk at the front of the building.
Staff recommends locating said walkway at the west side of the middle driveway and
connecting it to the sidewalk in front of the building.
b. The internal pedestrian walkway shall be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks.
c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is
greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away
from the main building entrance.
The parking aisles are greater than 200 feet in length from the building '.'I' main
entrance. The aisles are approximately 450 feet long (from entry patio to the
easternmost parking space). No walkway is currently shown. While the UDC is
somewhat unclear here, the intention was to provide one 8~òot walÆvvay for every 200
feet of aisle separation so that the walkway can be accessed from multiple parking
rows. The intent was not to require an 8-foot walkway in every parking row. The Site
Plan must be modified to construct one. 8-foot wide walkwav in the center parkin!!
row.
d. The walkways shall have weather protection (including but not limited to an awning
or arcade) within twenty feet (20') of all customer entrances.
The east elevation (primary) does show two awnings that extend over the entry doors.
It is difficult to determine the length of these awnings. Stafrs interpretation of this
standard is that these awnings must be at least 20 feet wide, measured from the
building face to the outer edge of the awning. The applicant shall ensure this
dimension is complied with at the time of CZC application submission.
9b. Staff Recommendation: Based on the above analysis, staff finds the CUP application
substantially conforms with the adopted DA, Comprehensive Plan policies and UDC standards.
As noted under "Special Considerations," we recommend the south building elevation be
amended to comply with the entryway colTidor standards and a pedestrian walkway be added to
the Site Plan. We recommend approval of the CUP application with the conditions shown in
Exhibit F.
Kohls-CUP
CUP-05-048
PAGE 10
CITY OF MERIDIAN PLANNING AN D ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11103105
10. EXHIBITS
A. Site Plan (by Quadrant Consulting, dated 10/7/05)
B. Landscape Plan (by The Land Group, dated 10/07/05)
C. Building Elevations (by P&R Architects, dated 9/29105)
D. Legal Description
E. Required Findings from UDC (CUP)
F. Conditions of Approval
1. Planning Department
2. Public Works
3. Fire Department
Kohls-CUP
CUP-05-048
PAGE 11
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
Exhibit A: Site Plan (Quadrant Consulting)
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Exhibit A Page 1
CITY OF MERIDIAN PLANNING AN 0 ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11103/05
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CITY OF MERIDlAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARlNG DATE OF 11/03/05
Exhibit B: Landscape Plan (The Land Group)
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Kohl's CUP Application
Exhibit B Page 2
CITY OF MERlDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
Exhibit C: Building Elevations (P&R Architects)
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
Exhibit D: Legal Description
Date: October 7, 2005
Page: lof2
EXIDBIT "A"
A parcel ofland being a portion ofth~ tract ofland as described in Warranty Deed Instrument Ko.
99021196 and a portion of a tmct of land as described in Warranty Deed Instrument No.
104134508, Ada county records, said parcel being situated in the Southeast Y. of the Southeast :1., of
Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, is more
particulady described as follows:
Commencing at the Southeast come¡- of said Section 32, thence along the South line of said Section
North 89"44'39" West 1,118.13 feet; thence leaving said South line North O(nS'21" East 59.96
feet to the north right-of-way line of East Ustick Road being the POINT OF BEGINNING; thence
North 00"15'21" East 512.46 feet; thence,
South 89"59'26" East 105.26 feet; thence,
South 00"00'08" West 137.66 feet; thence,
North 89"59'56" East 289.65 fee; thence,
North 00"00'04" West 65.17 feet; thence,
South 89"59'53" East 205.85 feet; thence,
South 00"00'04" East 28.58 feet; thence,
South 46"31 '46" East 100.17 feet; thence,
North 89"59'56" Ea.~t 184.69 feet; thence,
South 00"00'52" West 362.26 feet to II point on said north right-of-way line being 44.00 feet
north of the South line of said Section 32; thence, &Jong said north right-or-way line the
following four courses:
North 89"44'39" West 83.38 feet; thence,
South 89"18'14" West 361.19 feet to a point being 38.00 feet North of the South line of said
Section 32; thence
North 89"44'39" Wcst395.41 feet; thence
North 42"46'09" West 30.04 feet to the POINT OF BEGINNNING,
Said parcel contains 363,017 square feet Of 8.33 acres more Of less.
Kohl's CUP Application
Exhibit D Page 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
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Exhibit D Page 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11103/05
Exhibit E: Required Findings from UDC (Conditional Use Permit)
The Commission shall review the particularfacts 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:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that the site is 8.33 acres and is large enough to accommodate all
required parking, landscaping, loading and other standard regulations required by the UDC.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission finds that the proposed Kohl's Department Store meets the objectives ofthe
Comprehensive Plan as listed in Section 7 of this report. Some of the standards of the UDC are
not currently being met by the applicant's site plan and building elevations. Specifically, the
site plan needs to reflect new pedestrian walkways and the south building elevation needs to be
amended to comply with entryway corridor design standards. If the applicant makes these
changes, this finding will be met.
3. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of the
same area.
The Commission finds that the proposed retail use complies with the uses pennitted in the C-G
zone and those uses allowed under the Development Agreement. The building height, parking
layout, landscape buffer widths and other dimensional standards shown in the application
comply with the UDC. The property adjacent to Kohl's west boundary (beginning
approximately 450 feet north of Us tick Road) is zoned R-8 and is proposed as medium density
residential uses. In the future, the applicant will need to construct a buffer between land uses to
address this less intensive use.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Commission finds that the proposed development will not adversely affect other property
in the vicinity if the applicant complies with all CUP conditions and constructs all
improvements and operates the use in accordance with the UDC standards. Traffic volumes
will significantly increase. However, both ACHD and ITD have approved the application and
placed special conditions on the applicant. These standards include lighting, screening,
landscaping and other areas intended to mitigate potentially hannful effects.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
Kohl's CUP Application
Exhibit E Pagc 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
The Commission finds that sanitary sewer, domestic water and irrigation are available to the
subject property. The applicant recently completed a public~private partnership to improve
Ustick Road to five lanes and ACHD is planning to install a traffic signal at the west boundary
of the site. The commercial land use should not have any impact on the school system. Please
refer to other comments prepared by the Meridian Fire Department.
6. That the proposed use will not create excessive additional costs for public facilities aud
services and will not be detrimental to the economic welfare of the community.
The Commission finds that the applicant will pay to extend the sanitary sewer and water mains
into the site. No additional capital facility costs are expected from the City. An estimated 150
local jobs are anticipated to be created by Kohl's Department Store. The additional
commercial structures will improve the tax base for the City of Meridian. The applicant and/or
future property owners will be required to pay highway impact fees.
7. 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 the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission finds that the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the sUlTounding area.
The Commission recognizes the fact that traffic and noise will increase with the approval of
this subdivision; however, we do not believe that the amount generated will be detrimental to
the general welfare of the public. The Commission finds the future buffer between land uses
along the west boundary and the Ustick Road street buffer will help to mitigate noise, fumes
and glare created by the additional traffic.
8.
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 Commission finds that the Layton Lateral is a significant irrigation water source which
courses just north of the proposed Kohl's site. The applicant will be required to comply with
all state and local ordinances regarding conveyance of water and maintaining historic points of
access. The Ada County Historic Preservation Council's Site Inventory does not show any
structures or places listed for the subject property. We are unaware of any other scenic or
historic features.
Kohl's COP Application
Exhibit E Page 2
1.7
1.6
1.7
1.8
1.9
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
EXHmIT F: Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-CONDITIONAL USE PERMIT (CUP-O5-048)
1.2
The site plan prepared by Quadrant Consulting (Sheet S-l), dated October 7,2005, is approved,
with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation
and Zoning (AZ-03-025) and Development Agreement recorded for the subject property.
1.3
UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning
Compliance (CZC) application for this project shall clearly demonstrate that both a Type A and
Type B space are available on site, located near the refuse/service area behind the building. As
long as the two spaces are dedicated, striping of the spaces is not required.
1.4
The applicant shall modify the west and south elevations to provide either overhanging eaves or
create additional variation along the main building's parapet height. This standard may be met by
constructing a second projection on each elevation to match/compliment the approximately 38-
foot wide projection at the east end of the south elevation. The applicant shall coordinate the
elevation modifications with the Plannim!: Department staff.
1.5
Any roof-mounted mechanical equipment will be screened from view from any public right-of-
way. The applicant shall submit drawings at the time of CZC submission that demonstrate this
condition is complied with.
1.6
The KoW' s building construction shall substantially comply with the elevations and materials on
the drawing sheet by P&R Architects, dated 09-27-05 (revised 10-03-05), including the
amendments required by this CUP. Construction materials used on the structures shall be
approved by the City of Meridian Building Department and in accordance with the most recent
Building Code.
An additional material and/or band color which compliments the east elevation shall be added
along the full south and west elevations (e.g. porcelain tile, an additional EIFS color, etc.).
Provide an 8-foot wide pedestrian walkway from the Ustick Road sidewalk to the sidewalk at the
front of the building. The walkway shall be distinguished from the vehicular driving surfaces
through the use of pavers, colored or scored concrete, or bricks. Locate the walkway beginning at
the west side of the middle driveway and connect it to the sidewalk in front of the building.
The applicant shall comply with the outdoor lighting standards shown in UDC I 1-3A-I 1.
Provide a walkway at least eight feet (8') in width for pedestrian movement away from the main
building entrance to the parking lot. The Site Plan must be modified to construct at least one, 8-
foot wide walkway in the center parking row in front of the building.
The two awnings on the east elevation shall extend at least 20 feet beyond the entry doors,
measured from the building face to the outer edge of the awning. The applicant shall submit a
drawing at the time of CZC application submission to demonstrate compliance with this
condition.
Kohl's CUP Application
Exhibit F Page 1
1.15
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
1.10
Construct 1 O~foot wide street buffers adjacent to the east and west sides of the new street along
the west boundary with the overall site improvements. Complete prior to issuance of Certificate
of Occupancy.
1.11
Comply with UDC 11-3A-12 regarding a screen for the refuse/service area.
1.12
No in-igation pump station or facility is shown on the Site Plan. However, if one is proposed for
the site, it must be located outside of any required street buffer. Impervious surfaces are
prohibited in said butTers.
1.13
The asphalt surface shall be extended a minimum of 20 feet east of the landscape planters shown
at the east end of the parking lot and provide for two-way vehicular movement to the north and
south parking aisles.
1.14
The legal description for the Kohl's site does not place it contiguous to Eagle Road. As such, this
pennit does not approve nor apply to the Eagle Road landscape buffers. If the applicant proposes
to construct the Eagle Road buffer as an off-site improvement with the Kohl's CuP, the
landscaping standards required in the UDC shall apply.
The applicant shall comply with all ACHD site specific conditions, including closure of the
driveway in the southwest comer of the site that connects to the new north~south public street.
2.1
2. Public Works Department
2.2
2.3
2.4
2.5
2.6
The applicant is proposing to sewer service to this site via extensions of mains located in Ustick
Road. The applicant shall install mains to and through this development; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard founs
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in confonnance of City of Meridian Public Works Departments Standard
Specifications.
Water service to this site is being proposed via extension of mains in U stick Road. The applicant
shall be responsible to install water mains to and through this development, coordinate main size
and routing with Public Works.
Provide a 20' easement for all public waterlsewer main outside of public right of way (include all
water services and hydrants). The description shall be consistent with the graphically depicted
easements on the plat. Submit an executed easement (supplied by Public Works), a legal
description, which must include the area of the easement (marked EXHIBIT A) and an 8112" x
11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be
sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the
plat referencing this document.
The submitted site plan shows no new hydrants being installed, coordinate with Rich Greene for
the location of required hydrants.
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-
domestic purposes such as landscape in-igation.
All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized inigation and landscaping shall be installed and approved prior to obtaining
Kohl's CUP Application
Exhibit F Page 2
3.2
3.3
3.4
3.5
3.6
3.7
3.8
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
certificates of occupancy.
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.
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.
Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
Developer shall coordinate mailbox locations with the Meridian Post Office.
2.12 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.
2.13 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation.
3. Meridian Fire Department
2.7
2.8
2.9
2.11
3.1
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.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' 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 comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements ofthe IFC Section 509.5.
All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius.
Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section D1O3.6 Signs.
Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping.
Operational fire hydrants, temporary or pennanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
Commercial and office occupancies will require a tire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
The new commercial lot 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
Kohl's CUP Application
Exhibit F Page 3
3.14
3.15
3.16
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/03/05
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.
3.9
The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.10
Maintain a separation of 5' from the building to the trash dumpster enclosure.
3.11
Provide a Knoxbox entry system for the complex prior to occupancy.
3.12
The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s ).
3.13
The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of. Please contact Vicki Heugly (898-5500) to
address this concern prior to the public hearing.
Provide exterior egress lighting as required by the International Building & Fire Codes.
There shall be a fITe hydrant within 100' of all fire department connections.
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).
For Group R~3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
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).
4. Sanitary Service Company
4.1
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.
Kohl's CUP Application
Exhibit F Page 4