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Staff Comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 STAFF REPORT P & Z Commission Hearing Hearing Date: 2/16/2006 "(~~" 1t~ f$ cM'e;¡ di:n . ',; ~ IíJ.UH' I~ ,~ JI '/!" /- ",'F\ ---/- "-'~'/!-'t"' '~;~.!c!.s-""'!'~_/ "1;i¡ TO: FROM: SUBJECT: Plmming & Zoning Commission Josh Wilson, Associate City Planner Office Value Remodel 1. CUP-06-003 Conditional Use Permit for Request for addition of a drive-thru coffee shop at the east end of the existing building for Office Value Remodel by Dave Buich at 3055 Fairview Avenue. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dave Buich, has applied for Conditional Use Permit approval for the addition of a drive- thru coffee shop to an existing building at 3055 E. Fairview Avenue. The site is located on the south side of E. Fairview Avenue, west of N. Eagle Road. Concurrent to the CUP application, the applicant is requesting design review approval, as this property is located on an Entryway Corridor. The property is currently zoned I-L (Light Industrial.) The existing building is located within Treasure Valley Business Center (TVBC). The existing Development Agreement for tlns site allows, among other uses, office, retail and restaurant uses in the I-L zone. The Findings of Fact and Conclusions of Law for the Treasure Valley Business Center, subjects all development witl1in TVBC to obtain CUP approval. 2. SUMMARY RECOMMENDATION The subject applications (Conditional Use Permit and Design Review) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis of the requested applications below. Staff reconm1ends approval of CUP-06-003 for Office Value Remodel as presented in the staff report for the hearing date of February 16, 2006 based on the Findings of Fact as listed in Exl1ibit D m1d subj ect to the conditions of approval as listed in Exl1ibit B as attached to tl1is report. Staff has prepared findings consistent with this recommendation. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP- 06~003 as presented in the staff report for the hearing date of February 16, 2006, and the site plan labeled CU-l, dated October 26,2005 with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on March 2, 2006. Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-06- 003as presented in the staff report for the hearing date of February 16, 2006, for the following reasons: (you must state specific reason( s) for the denial of the conditional use permit.) I further move to direct staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on March 2,2006. Office Value Remodel CUP-06-003 RE C E ~rvED FER 'I 3 2006 CITY OF MERIDIAN 1=~nY CLERK" r'~r:'CE PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 Recommend Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-06-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: South side ofE. Fairview Avenue, west ofN. Eagle Road/ 3055 E. Fairview Avenue Section 8, T3N Rl E b. Owners: Dave Buich 3100 N. Glen Stuart Boise, ill 83709 c. Applicant: Dave Buich 3100 N. Glen Stuart Boise, ill 83709 d. Representative: Billy Ray Strite, BRS Arcl1itects e. Present Zoning: I-L (Light Industrial) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval for the addition of a drive-thru coffee shop at the east end of the existing building. The applicant is concurrently requesting Design Review approval for exterior façade renovations to the existing building. There is a small amount of new parking and landscaping proposed adjacent to the drive-thru, and no changes are proposed to the remainder of the site. 1. Date of CUP site/landscape plan (attached in Exlllbit A): October 26,2005 2. Date of Building Elevations (attached in Exhibit A): January 3,2006 h. Applicant's Justification Statement (from application materials): "Pursuant to the required pre-application and neighborhood meeting, the applicant, Dave Buich, respectfully requests Conditional Use approval to construct a drive-through addition to the existing Office Value building. Located at 3055 Fairview, the site is approximately 1.7 acres, is zoned I-L and has all existing previously approved improvements. This application will also include new improvements to allow for city-required cross-access to the new developments to the east. Although not required by the application, the applicant is proposing to remodel the existing facility and will submit for the required CZC once the Conditional Use Permit is approved. We believe tl1is application is consistent with the Comprehensive Plan and meets the required findings for Conditional Use approval. We trust your staff will concur and positive findings and approval will result." 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as deten11Ïned by City Ordinance. By reason of the provisions of UDC 11- 5B~6, a public hearing is required before the Planning and Zoning Co111111Îssion on this matter. Offìce Value Remodel CUP-06~003 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 b. Newspaper notifications published on: January 30 and February 13, 2006 c. Radius notices mailed to properties within 300 feet on: January 20, 2006 d. Applicant posted notice on site by: February 6, 2006 6. LAND USE a. Existing Land Use(s): Existing c01111i1ercial building b. Description of Character of Surrounding Area: The area along this portion ofFairview Avenue is developed as mostly commercial, with some industrial uses to the south of the site. c. Adjacent Land Use and Zoning 1. North: Vacant land, zoned RUT (Ada County) 2. East: Vacant land, zoned I-L. 3. South: Existing light industrial uses, zoned I-L. 4. West: Existing commercial building, zoned C-G. d. History of Previous Actions: In 1985 a 17 lot subdivision, Treasure Valley Business Center Phase I, was recorded on the southwest comer of Eagle Road and Fairview Avenue. In 2002, a conditional use permit application and re~subdivision application was subn1Îtted to the City which included seven of the lots in TVBC #1. A Site Specific Condition of Approval for CUP-02~036 requires all future uses within this development to obtain CUP approval. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Services already run to tl1is building. Services already run to tl1is building. Location of water: Issues or concerns: None. 2. Vegetation: Existing landscaping along Fairview Avenue. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning: I-L 7. Size of Property: 1.7 acres h. Proposed and Required Non-Residential Setbacks: per the I-L zone I-L Standard Front 0 feet Side 0 feet Rear 0 feet Max. Building Height 50 feet Min. Lot Size None Min. Street Frontage None Office Value Remodel CUP-06-003 PAGE 3 z- - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 i. Summary of Proposed Streets and/or Access (private, public, conml0n drive, etc.): The access to the site will be from an existing curb cut on Fairview Avenue. There is an existing cross- access agreement for the lots within TVBC #1 to share the approved access points to Fairview Avenue. The applicant is proposing to record a cross-access and parking agreement with the property owner to the west. Staff is suppOliive of the proposed cross-access and cross-parking agreement. 7. COMMENTS MEETING On January 13, 2006 Pla1ming Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as 'Commercial'. In Chapter VII of the Comprehensive Plan, 'Commercial' areas are anticipated to provide a full range of commercial and retail to serve area residents alld visitors. Uses may include retail, wholesale, service and office uses, multi-fan1ily residential, as well as appropriate public uses such as government offices. Staff finds that the request generally conforms to tl1is stated purpose and intent of the commercial designation within the Comprehensive Plan. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to tl1is application (staJJ analysis is in italics below policy): . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant will be required to construct landscaping which complies with the Un(fìed Development Code. . "Pern1it new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian 's sanitary sewer and water systems. . "Plan for a variety of commercial and retail opportunities within the hnpact Area." (Chapter VII, Goal 1, Objective B) The proposed use does contribute to the variety of commercial uses in this area, as envisioned with the Comprehensive Plan. StaJJfinds that the proposal is harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC ] l-2B-21ists retail store as an Accessory use in the I-L zone. NOTE: The existing retail building is allowed under all approved Plmmed Development for the property. b. Purpose Statement of Zone: The purpose of the I-L District is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and Office Value Remodel CUP-06-003 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 distributing. In accord with the Meridian Comprehensive Plall, the I-L District is intended to encourage the development of industrial areas that are clean, quiet, and free of hazardous or objectionable elements and that are operated entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement ofthis district. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation CONDITIONAL USE PERMIT Special Considerations: Staff is generally supportive of the proposed site design as presented in the CUP site plan labeled as Sheet CD-I, dated October 26, 2005, with the following comments: Parkin,g Lot Landscaping: The site contains existing landscaping installed with the construction of the existing building and the applicant has proposed additional landscaping adjacent to the proposed drive-thru at the east end of the building. Staff is generally supportive of the proposed landscaping, with the following change: 1. DDC 11-3B-6C2 requires that all landscape planters shall contain at least one tree and vegetative groundcover and/or shrubs. The applicant should confirm whether the existing planter islands in the parking contain trees and be aware that additional trees will be required at the time of Certificate of Zoning Compliance issuance, if sufficient trees do not currently exist. Drive-thru Desi,gn: Staff is generally supportive of the proposed drive-thru cOlúiguration, with the following changes: 1. The Meridian Fire Department has expressed concerns about the width of the drive- thru exit at the northeast corner of the building. While staff understands that the applicant narrowed this opening in response to staff comments regarding safe traffic flow and preventing wrong way traffic through the drive-thru, staff finds that the drive-thru lane should be increased in width to a n1Înimum 20 feet for its entire length. Safe and efficient traffic flow can still be maintained through the use of signage and striping. 2. Staff is not supportive of the parking spaces along the eastern edge of the drive-thru which lie partly on the Denny's property and back into the drive-thru lane. The site has 83 currently existing parking spaces, which far exceeds the 40 spaces required by Code. Staff feels that the seven proposed spaces along the drive-thru could cause interference with the safe and efficient use of the drive-thru, and should be eliminated. 3. DDC 11-3B-6C2 requires that internal landscape planters shall be used to delineate and guide major traffic movements and shall be placed at the end of rows of parking. Staff recommends that a planter island which complies with UDC 11-3B- 6C2 be placed at the eastern end of the row of parking adjacent to the entrance to the drive- thru at the southeast corner of the building. Perimeter Landscape Strip: DDC 11-3B-6 requires that a five foot perimeter landscape strip shall be required along all vehicular use areas which are adjacent to an interior lot line, containing 1 tree per 35 feet and vegetative groundcover and/or shrubs. The required width of planter strip currently exists on the south property line, and the applicant should confirm Office Value Remodel CUP-06-003 PAGES CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 whether this planter complies with Code. Additional trees will be required at time of Certificate of Zoning Compliance if sufficient trees do not currently exist. Cross Access Agreement: The applicant has proposed to record a cross access agreement between the subject parcel and the parcel to the east (Denny's). The applicant shall submit a recorded copy of said cross access agreement prior to issuance of a Certificate of Zoning Compliance. Design Review Standards: UDC 11-3A-19 requires that all structures located on Entryway Corridors (as identified on the 2002 Future Land Use Map) be subject to administrative design review standards. Fairview Avenue in this location is an Entryway Corridor, and the applicant has submitted a Design Review application for concurrent review. Staff is supportive of the submitted application with the following comments: 1. Architectural Character: The submitted building elevations dated January 3, 2006 conform with the architectural standards as follows; . The proposed modifications exhibit façade modulations, roof line recesses and projections along a minimum of 20% of the length of the façade as required; . The proposed modifications clearly define primary building entrances and awnings, windows, or arcades total a minimum of 30% of the façade length; . The proposed modifications demonstrate roof lines which demonstrate overhanging eaves, two or more roof planes, varying parapet heights, and cornices; . The proposed modifications exhibit at least two changes in color, texture and materials; and . The proposed modifications screen all ground-level and rooftop mechanical equipment as viewed from the property line. 2. Color and materials: The submitted building elevations demonstrate the appearance and use of high quality materials, such as stone and stucco and do not contain prohibited materials or construction. 3. Parking Lots: No more than 70% of the off-street parking area for the structure shall be located between the front façade of the building and abutting streets. The site currently contains existing parking in front which is 57 % of the total for the building, and satisfies this requirement. 4. Pedestrian Walkways: Staff finds that the proposal does not meet the pedestrian walkways requirements, and changes should be as follows: . A continuous pedestrian walkway that is a minimum of eight feet in width shall be provided from the perimeter sidewalk to the main building entrance. The proposal does not depict this required walkway, and staff finds that the applicant shall modify the site and landscape plans prior to submittal for Certificate of Zoning Compliance to include a walkway from the sidewalk along Fairview Avenue to the building which complies with this requirement. The walkway shall also be distinguished from the vehicular driving surface through the use of pavers, brick, or colored/scored concrete. b. Staff Recommendation: Staff recommends approval of CUP-06-003 for Office Value Remodel as presented in the staff report for the hearing date of February 16, 2006 based on the Findings of Fact as listed in Exhibit D and subj ect to the conditions of approval approval as listed Office Value Remodel CUP-06-003 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAPF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. Office Value Remodel CUP-06~003 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY ]6,2006 11. EXHIBITS A. Drawings 1. CUP Site and Landscape Plan (dated October 26, 2005) 2. Building Elevations (dated January 3,2006) B. Conditions of Approval 1. P1anning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Office Value Remodel CUP-06-003 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006 A. Drawings 1. CUP Site and Landscape Plan (dated October 26, 2005) JAN. 12. 2006-10:29AM_.8RS ARCHITECTS . ,~ .,m .~ e .\0. 0781 P. 2 .-0 ? j I ~ i I ": j iJPi,f,1Iíijl"lïl~ ï i~ , I ifi!i§l,iPUI ~ Jf!¡1 Ii "l'i gl ~ ~i8~ I ~ . ,_Ii i "1 '1111 i ! Hjn~ i ' 11'1 ¡ fe~~~ 'I .. ;!= I;. ! :g~~ ! ¡iii !' ,- j i I '1--- I. I~D ~I.I, -- O~AWE_- :!.:E ~ Exhibit A 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006 2. Building Elevations (dated January 3,2006) s:~ ~i~ ',¡! I~ I~ i~ j I' ~ )~ " 'I, I r \ I ,-------'" 1'1 'I '¡ I :1/' ': B'Z ~¡!i ~:~ .~ I> r~ í ! §'/,í¡',1 -"Õ~~UE "'illJl:;1k- ~'==1D ,.~...,~ e_.. ""'- ""C"'YEcn. Exhibit A 3 1.5 1.6 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all conditions of approval for Treasure Valley Business Center Phase I, and Treasure Valley Business Center #3 (CUP-02-036 & PP-02-024) as part of the subject Conditional Use Pennit (CUP-06-003). The Site Plan labeled as CU-l, prepared by BRS Architects, dated October 26, 2005 is approved, with the conditions listed herein. The proposed angled parking on the west side of the building, adjacent to the proposed drive- through, is not approved. No parking shall be allowed adjacent to the proposed drive-through lane. Prior to issuance of a Certificate of Zoning Compliance (CZC) pennit, the applicant shall submit a copy of a recorded cross-access/cross-parking agreement with the property owner to the east. 1.2 1.3 1.4 The Site and Landscape Plan labeled as CU-l, prepared by BRS Arc11Ïtects, dated October 26, 2005 is approved with the following modifications/notes: . The drive-thru lane shall be increased in width to a minimum 20 feet for its entire length. . A planter island which complies with UDC ll-3B-6C2 shall be placed at the eastern end of the row of parking adjacent to the entrance to the drive- thru at the southeast comer of the building. . A continuous pedestrian walkway that is a minimum of eight feet in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway shall also be distinguished from the vehicular driving surface through the use of pavers, brick, or colored/scored concrete. . UDC ll-3B-5H requires all landscape areas to be at least 70% covered with vegetation at maturity, with mulch used under and around the plants. Provide landscape materials witl1in all landscape areas, including Fairview Avenue, consistent with UDC 11-3B. . UDC ll-3B.8C2 requires that aU parking lot landscape islands contain at least one tree and vegetative groundcover and/or shrubs. ModifY the landscape plan as necessary to ensure compliance with tllls requirement. . UDC ll-3B-6 requires that a five foot perimeter landscape strip shall be required along to all velllcular use areas which are adjacent to an interior lot line, containing I tree per 35 feet and vegetative groundcover and/or shrubs. Modify the landscape plan as necessary to ensure compliance with tl1is requirement. . A written certificate of completion shall be prepared by the landscape arcllltect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 1l.3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the Certificate of Zoning Compliance application. Tl1is project complies with the Design Review requirements of UDC 11-3A-19. The building elevations prepared by BRS Architects, dated January 3, 2006 are approved. To ensure that all of the conditions of approval for CUP-06-003 are complied with, the applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit, and occupancy, from the Planning Department prior to operation. NOTE: Any future tenant(s) in the retail portion of the subject building shall not be required to obtain CUP approval, unless required by the UDC. CTTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 1.7 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. The applicant shall have a maximum of 1 8 months to commence the use as pern1Îtted in accord with the conditions of approval listed above. If the business has not begun witl1in 18 months of approval, a new conditional use pennit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 1.8 1.9 2.1 All Public Works concerns have already been addressed in the civil plan review for the building plans on tllls lot. 3. FIRE DEPARTMENT 1. 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 wlllch does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements ofthe IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 2. All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 3. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance Witll Appendix D Section DI03.6 Signs. 4. Fire lanes and streets shall have a vertical clearance of 13 '6". Tllls includes mature landscaping. 5. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 6. Maintain a separation of 5' ftom the building to the dumpster enclosure. 7. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 8. Provide exterior egress lighting as required by the International Building & Fire Codes. 9. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) ftom a hydrant on a fIre apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY] 6,2006 4. POLICE DEPARTMENT I. The Police Department has no concerns related to the application. 5. PARKS DEPARTMENT 1. The Parks Department has no concerns related to the application. 6. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 1. It has been determined that the Right-of-Way and Development Services Depaliment does not have ay site specific requirements for you at tllls time due to the fact that street improvements exist. 2. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for infonnation regarding impact fees. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006 C. Legal Description ADA COiIIfTY RfÇO DEII J. 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IIao:dlbblll1y""'-Y_. ì ,/- ~~~d 10IlOl I p~:::' I. i i "co'" ',i i.,.'I"';'i '\'^"", ¡" , Exhibit C CITY or MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY ]6,2006 D. Required Findings from Zoning Ordinance I. Conditional Use Permit Findings: CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 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 proposed building and uses on tllls site can accommodate and meet all dimensional and development regulations of this district. Parking stalls are required at the ratio of one space per 500 square feet of gross floor area in commercial districts (UDC 11-3Ch6). Per tllls requirement, 40 stalls are required. There are 83 parking stalls proposed on this site, with designated handicap accessible stalls. Tl1is provision exceeds the City's minimum parking stall ratio. Staff finds that the project should have ample parking. Staff finds that the subject property is large enough to accommodate the required yards (setbacks), parking, landscaping and other features required by the ordinance. Staff recommends the Commission rely on Staff's analysis, and any oral or written public testimony provided when determining if tl1is site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the designated Comprehensive Designation for tllls property is Commercial. The property is currently zoned I-L, with a requirement for CUP approval of each building/use. The proposed use is generally haml0nious with the requirements of the UDC (see Sections 8 and 10, above for more information regarding the requirements for this use.) 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. Staff finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of a restaurant and retail building should be compatible with other uses in the general neighborhood and with the existing mId intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in tllls report, the proposed uses will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE or FEBRUARY ]6, 2006 5. That thc 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. Staff finds that s811Ïtary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any conmlents prepm-ed by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation mld ACHD. Based on conmlents from other agencies and departments, staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. Staff finds there wi11not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's econo111Îc welfare. 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. Staff recognizes that traffic and noise will increase with the approval of restaurant and retail uses in tllls location; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed uses will not be detrimental to people, property or the general welfare of the area. 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. Staff finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or lllstoric feature of major importance. Exhibit D