HomeMy WebLinkAboutSilverstone Towne Square CUP-05-059
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
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In the Matter of a Request for a Conditional Use Permit for a drive-thru within 300 feet of
a residential district for Silverstone Towne Square, by Rudeen and Associates.
Case No(s). CUP-OS-OS9
For the Planning & Zoning Commission Hearing Date of: February 16, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 16, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 16, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 16, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 16, 2006 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 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 §
II-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-OS-OS9 - 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, and the Conditions of
Approval all in the attached Staff Report for the hearing date of February 16, 2006
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 as evidenced by having submitted the Site Plan dated
October 5, 2005 is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of February 16,2006 incorporated by reference.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, 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 permanent footings or
structures on or in the ground. For conditional use permits that also require 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 (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 of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
CITY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-OS-OS9 - PAGE 2 of 4
require the conditional use comply with the CUlTent 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 permit 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 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.
Attached: Staff Report for the hearing date of February 16, 2006
F.
By action of the Planning & Zoning Commission at its regular meeting held on the :J 1'"\0\
day of t'Y\.(\.rQ..h ,2006.
COMMISSIONER MICHAEL ROHM
(Chair)
VOTED ~
COMMISSIONER DA VID MOE
VOTED láR ~
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED-r
COMMISSIONER KEITH BORUP
VOTED~
COMMISSIONER DAVID ZAREMBA
VOTED l ð..l G.~
~-<-~
CHAIRMAN MICHAEL ROHM
Attest:
CITY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-0S9 - PAGE 3 of4
Tara Green, Deputy City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By: ShMm.~~u
City Clerk
D~~- Z{-o(,
Dated:
CITY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-OS-OS9 . PAGE 4 of 4
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
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FROM:
SUBJECT:
Planning & Zoning Commission
Josh Wilson, Associate City Planner
Silverstone Towne Square
CUP-05-059
Conditional Use Pennit for a drive-thru within 300 feet of a residential district
for Silverstone Towne Square
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Rudeen and Associates, has applied for Conditional Use Pennit approval for a drive-thru
within 300 feet of a residential district at 1660 South Jade Way in Silverstone Business Campus. The site
is located on the southeast comer of Jade Way and Overland Road. The site is platted as Lots 3 and 4,
Block 2, Silverstone Subdivision. The proposed building received staff level Certificate of Zoning
Compliance and Design Review approval on November 30,2005 without a drive-thru. If the CUP for the
drive-thru is approved, the applicant shall be required to submit for a Certificate of Zoning Compliance
for construction of the drive-thru.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested application below. Staff recommends approval of
CUP.05-059 for Silverstone Towne Square 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 subject to the conditions of
approval as listed in Exhibit B as attached to this 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-
05.059 as presented in the staff report for the hearing date of February 16, 2006, and the site plan
labeled CU-I, dated October 26,2005 with the following modifications to the conditions of
approval: (add any proposed modifications). I further move to direct staffto prepare an
appropriate findings document to be considered at the next Planning and Conunission hearing on
March 2,2006.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-05-
059 as 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 pennit.) 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.
Recommend Continuance
After considering all staff, applicant and public testimony, I move to continue File Number
CUP-O5-059 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
Silverstone Towne Square CUP-05.059
PAGE 1
CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF FEBRUARY 16,2006
a. Site Address/Location:
SE Comer of Jade Way and Overland Road! 1660 S. Jade Way
Section 21, T3N RlE
b. Owners:
Sundance Investment Limited Partnership
9100 W. Blackeagle Drive
Boise, ill 83709
c. Applicant:
Rudeen and Associates
199 N. Capital Blvd., Suite 602
Boise, ill 83703
d. Representative: Byron Folwell, Rudeen and Associates
e. Present Zoning: C-G
f. Present Comprehensive Plan Designation: Mixed-Use Regional
g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit
approval for a drive-thru within 300 feet of a residential district.
1. Date of CUP Site Plan (attached in Exhibit A): October 5, 2005
2. Date of Landscape Plan (attached in Exhibit A): September 28,2005
2. Date of Building Elevations (attached in Exlùbit A): Not dated.
h. Applicant's Justification Statement (:£Tom application materials): "The property is proposed to
receive a new building which will have mixed occupancies of both Business and Mercantile.
Mercantile, or light retail, will be the predominant tenants on the main level. Business, or
professional offices, will be the predominant tenants on the second level. A bank is proposed
on the eastside of the building. The bank will have a drive up teller window with as many as
three drive lanes and an escape lane. The drive up lanes are proposed to have a canopy
covering the 3 lanes for a width of approximately one car length."
5. PROCESS FACTS
a. The subject application will in fact constitute a conditional use as detennined by City
Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before
the Planning and Zoning Commission on this matter.
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): Vacant
b. Description of Character of Surrounding Area: Developed largely as professional office and
small scale retail, with an existing residential subdivision on the north side of Overland Road.
c. Adjacent Land Use and Zoning
Silverstone Towne Square CUP~05-059
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF FEBRUARY 16,2006
1. North: Existing homes in Jewel Subdivision, zoned Rl (Ada County)
2. East: Vacant land, zoned C-G.
3. South: Existing commercial development, zoned C.G.
4. West: Existing commercial development, zoned C-G.
d. History of Previous Actions: CZC-05-135 approved on November 30,2005
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: There are existing stubs to this property.
Location of water: There are existing stubs to this property.
Issues or concerns: None.
2. Vegetation: None.
3. Flood plain: NA
4. Canals/Ditches Irrigation: No major facilities.
5. Hazards: None.
6. Proposed Zoning: C-G
7. Size of Property: 2.33 acres
h. Proposed and Required Non-Residential Setbacks: per the C-G zone
C-G Standard
Front 0 feet
Side 0 feet
Rear 0 feet
Max. Building Height 65 feet
Min. Lot Size None
Min. Street Frontage None
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the site will be from existing curb cuts on S. Jade Avenue and E. Overland Road.
7. COMMENTS MEETING
On January 13, 2006 Planning 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. Staffhas included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. 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 defined 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.
Silverstone Towne Square CUP-05-059
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF FEBRUARY 16,2006
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
.
Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who curreni/y shares resource and personnel with the
Meridian Rural Fire Department.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexation.
.
.
.
.
.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities
within the Impact Area.
Stafffinds that the site is designatedfor MU-R on the Comprehensive Plan Future Land Use
Map. Commercial uses have been specifically plannedfor this property which meet the
general classifications for mixed use regional.
.
Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on
arterials or collectors near residential areas in such a way as to complement with adjoining
residential areas.
Overland Road is classified as an arterial roadway. The site shares a curb cut on Overland
Road with the adjoining property and staff believes that the commercial project proposed
compliments the existing and planned commercial areas in the vicinity.
.
Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation
corridors.
Staff believes that the proposed land uses are appropriate along the adjoining transportation
corridor (Overland Road).
.
Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on
collectors and arterial streets.
Silverstone Towne Square CUP-O5-059
PAGE 4
CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF FEBRUARY 16,2006
The ACHD evaluates access points in their analysis and the proposed access point to the
arterial street generally complies with ACHD 's standards.
Staff also finds 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)
"The capacity of arterial. . .roadways can be greatly diminished by excessive driveway
colUlections 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, frontage roads, to reduce the nwnber of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
"Restrict curb cuts and access points on . . . arterial streets." (Chapter VII, Goal IV, Obj. D,
#5, page 107)
.
.
.
Stafffinds that the proposal is harmonious with and in accordance with the Comprehensive Plan.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2B-2 lists a drive-thru as a Permitted/Conditional
use in the C-G zone.
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
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-G General Retail And Service
Commercial District: The purpose of the 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 of travel-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, and shall not
constitute strip commercial development and encourage clustering of commercial
development.
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 A1.01, dated October 5, 2005, with the following
comments:
Perimeter Landscape Strip: UDC 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. As noted with the
Certificate of Zoning Compliance approval, additional trees will be required along the southern
boundary of the project.
Silverstone Towne Square CUP-05-059
PAGE 5
CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF FEBRUARY 16,2006
Drive-thru Design: Staff is supportive of the proposed drive-thru configuration, and finds that
it meets the requirements set forth in ODe 11-4-3.11, which states that" a site plan shall be
submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and
between adjacent properties. At a minimum, the site plan shall demonstrate compliance with
the following standards:
. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons;
. The stacking lane shall be a separate lane ITom the circulation lanes needed for access
and parking;
. The stacking lane shall not be located within ten feet (10') of any residential district or
existing residence;
. Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane.
. A letter from the Transportation Authority indicating the site plan is in compliance with
the authority's standards and policies shall be required.
Staff finds that the site Dlan as submitted complies with the drive-thru standards set forth in UDC
11-4-3.1l.
b. Staff Recommendation: Staff recommends approval of CUP-05-059 for Silverstone Towne
Square as presented in the staff report for the hearing date of February 16, 2006 based on the
Findings of Fact as listed in Exllibit D and subject to the conditions of approval as listed in
Exhibit B as attached to this report. Staff has prepared findings consistent with this
recommendation.
Silverstone Towne Square CUP-05-059
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006
11. EXHmITS
A. Drawings
1. CUP Site and Landscape Plan (dated October 26,2005)
2. CUP Landscape Plan (dated September 28,2005)
3. Building Elevations (Not dated)
B. Conditions of Approval
1. Planning 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
Silverstone Towne Square CUP-05~059
PAGE 7
CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF FEBRUARY 16, 2006
A Drawings
1. CUP Site Plan (dated October 5, 2005)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF FEBRUARY 16,2006
3. Building Elevations (Not dated)
Exhibit A
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CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF FEBRUARY 16, 2006
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Submit a landscape plan, reflecting the changes/notes mentioned above, with the
Certificate of Zoning Compliance application.
To ensure that all of the conditions of approval for CUP-05-059 are complied with, the applicant
shall be required to obtain a Certificate of Zoning Compliance (CZC) permit, and occupancy,
from the Plarming Department prior to operation of the drive-thru.
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.
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 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use permit must be obtained prior to operation.
2. PUBLIC WORKS DEPARTMENT
1.5
1.6
1.7
1.8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENTS
1.1 The Site Plan labeled as A1.01, prepared by Rudeen and Associates, dated October 5,2005 is
approved, with the conditions listed herein.
1.2
The Site and Landscape Plan labeled as CD-I, prepared by BRS Architects, dated October 26,
2005 is approved with the following modifications/notes:
. UDC 11-3B-6 requires that a five foot perimeter landscape strip shall be required
along to all vehicular use areas which are adjacent to an interior lot line, containing 1
tree per 35 feet and vegetative groundcover and/or shrubs. Modify the landscape
plan as necessary to ensure compliance with this requirement, and as noted in the
CZC approval.
. A written certificate of completion shall be prepared by the landscape architect,
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 11-3B-14.
2.1 All Public Works concerns have already been addressed in the civil plan review for the building
plans on this lot.
3. FIRE DEPARTMENT
4. POLICE DEPARTMENT
1. 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 Department does not
Exhibit B
CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
have ay site specific requirements for you at this 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
penmt. Contact ACHD Planning & Development Services at 387-6170 for information regarding
impact fees.
Exhibit B
CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF FEBRUARY 16, 2006
C. Legal Description
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Exhibit C
CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
D. Required Findings from Zoning Ordinance
1. Conditional Use Pennit 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 this site can accommodate and meet all dimensional and
development regulations of this district. The Commission finds that the subject property is large
enough to accommodate the required yards (setbacks), parking, landscaping and other features
required by the ordinance.
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 designated Comprehensive Designation for this property is
Mixed-Use Regional. The proposed use is generally hannonious with the requirements of the
UDC (see Sections 8 and 10, above for more infonnation 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.
The Commission finds that if the applicant complies with the conditions outlined in this report,
the general design, construction, operation, and maintenance of an office and retail building
should be compatible with other uses in the general neighborhood and with the existing and
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.
The Commission fmds that if the applicant complies with the conditions outlined in this report,
the proposed uses will not adversely affect other property in the area.
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.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and iaigation are
cuaently available to the subject property. Please refer to any comments prepared by the
Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation
and ACHD. Based on comments 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.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic 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.
The Commission recognizes that traffic and noise will increase with the approval of office and
retail uses in this location; however, staff does not believe that the amount generated will be
detrimental to the general welfare of the public. The Commission does not anticipate the
proposed use will create excessive noise, smoke, fumes, glare, or odors. The Commission 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.
The Commission finds that there should not be any health, safety or environmental problems
associated with this project that should be brought to the Commission's attention. The
Commission finds that the proposed use will not result in the destruction, loss or damage of any
natural, scenic or historic feature of maj or importance.
Exhibit D