HomeMy WebLinkAboutOffice Value Remodel CUP
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 an addition of a drive-thru
coffee shop at the east end of the existing building at 3005 Fairview Avenue, by Dave Buich.
Case No(s). CUP-06-003
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 §
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-O6-003 - 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 2,2006
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 26, 2005 is hereby conditionally approved; and,
2. The following modifications to site specific conditions were made at the Planning &
Zoning Commission hearing: '
a. Modify Condition 1.2 to read: "The proposed seven parking spaces at the east
end of the building shall be reserved for employees only and shall have a sign which
reads "Employees Only" placed in each stall."
3. 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 pennitted 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O6-003 - PAGE 2 of 4
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.1, 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 determined 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 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 ofthe 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 2..vJ
day of J:1a.r~h ,2006.
COMMISSIONER MICHAEL ROHM
(Chair)
VOTED~
COMMISSIONER DAVID MOE
VOTED ~) l1
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED ~ 0.--
COMMISSIONER KEITH BORUP
VOTED cr °-
COMMISSIONER DAVID ZAREMBA VOTED ~
P/¡J:~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP.O6-003 - PAGE 3 of4
CHAIRMAN MICHAEL ROHM
Attest:
~ÅHJU
ara Green, Deputy CIty Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By: 3ha:~(n8~
City Clerk
Dated:
Dj-2/-0G
CiTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O6-003 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006
TO:
FROM:
SUBJECT:
Planning & Zoning Commission
Josh Wilson, Associate City Planner
Office Value Remodel
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STAFF REPORT
P & Z Commission Hearing
Hearing Date: 2/16/2006
1. CUP-06-003
Conditional Use Pennit 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 Pennit 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 (TVBe). The existing Development Agreement for this 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 within TVBC to obtain CUP approval.
2. SUMMARY RECOMMENDATION
The subject applications (Conditional Use Pennit and Design Review) were submitted to the Planning
Department for concurrent review. Staff has provided a detailed analysis of the requested applications
below. 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
subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared
fIDdings 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 ~ 1, 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 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.
Office Value Remodel CUP-06-003
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-O6-003 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 RlE
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 Architects
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 Pennit
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 ofthe site.
1. Date of CUP site/landscape plan (attached in Exhibit 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 Pennit is approved.
We believe this 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 detennined by City
Ordinance. By reason of the provisions ofUDC ll-5B-6, a public hearing is required before
the Planning and Zoning Commission on this matter.
Office 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 commercial 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 fe-subdivision application was submitted 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 this building.
Services already run to this building.
Location of water:
Issues or concerns: None.
2. Vegetation: Existing landscaping along Fairview Avenue.
3. Flood plain: NA
4. CanalsIDitches 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
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, common 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 supportive of the proposed cross-access and cross-parking
agreement. .
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. 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'. ill
Chapter VII of the Comprehensive Plan, 'Commercial' areas are anticipated to provide a full range of
commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and
office uses, multi-family residential, as well as appropriate public uses such as govenunent offices. Staff
finds that the request generally conforms to this stated purpose and intent of the commercial designation
within the Comprehensive Plan.
Staff [lids the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan
to be applicable to this application (staff analysis is in italics below policy):
.
"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 Unified
Development Code.
.
"Pennit 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.
Staff finds 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-2lists retail store as an Accessory use in the I-L
zone. NOTE: The existing retail building is allowed under an approved Planned
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 Plan, 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 of this 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 CU-l, dated October 26, 2005, with the following
comments:
Parkin2 Lot Landscapin2: 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. UDC 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 Desi2n: Staff is generally supportive of the proposed drive-thru configuration, 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-thIll, staff finds that the
drive-thru lane should be increased in width to a minimum 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-thIll, and should be
eliminated.
3. UDC 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: 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. The required width of
planter strip currently exists on the south property line, and the applicant should confirm
Office Value Remodel CUP-06-003
PAGE 5
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 subject to the conditions of approval approval as listed
Office Value Remodel CUP-06-003
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF 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-O6.003
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
11. EXHmITS
A. Drawings
I. CUP Site and Landscape Plan (dated October 26,2005)
2. Building Elevations (dated January 3,2006)
B. Conditions of Approval
I. 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
Office Value Remodel CUP-06-003
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
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A. Drawings
1. CUP Site and Landscape Plan (dated October 26,2005)
JAN. 12. 2006-10:29AM- jRS ARCHITECTS
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
2. Building Elevations (dated January 3,2006)
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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-I, prepared by BRS
Architects, dated October 26, 2005 is approved, with the conditions listed herein.
The proposed seven parkin!! spaces at the east end of the buildin!! shall be reserved for employees
only and shall have a sim which reads "Employees Only" placed in each stall.
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.
The Site and Landscape Plan labeled as CU-I, prepared by BRS Architects, 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 11-3B-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 11-3B~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 within all landscape areas, including Fairview Avenue, consistent
with UDC 11-3B.
. UDC 11-3B-8C2 requires that all 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 this requirement.
. 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.
. 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.
1.5
1.6
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006
1.2
1.3
1.4
Submit a landscape plan, reflecting the changes/notes mentioned above, with the
Certificate of Zoning Compliance application.
This 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) pennit, 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.
CITY 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 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 iITigation). 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.
1.8
1.9
2. PUBLIC WORKS DEPARTMENT
All Public Works concerns have already been addressed in the civil plan review for the building
plans on this 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 Yz" 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 specifications.
d. Fire Hydrants shall be placed on corners 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 of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet ofthe 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 with Appendix D Section D1O3.6 Signs.
4. Fire lanes and streets shall have a vertical clearance of 13 '6". This 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' from 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) from a hydrant on a fIfe 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).
2.1
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 16,2006
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 detennined that the Right-of-Way and Development Services Department does not
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
pennit. 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
A_C-
PIONEER. TITLE COMPANY
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....... PbIIip C, Road: IIIId SheoyII. Road:, bII"" or idoaIificd to be IIocb 01111:
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Exhibit C
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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.
Parking stalls are required at the ratio of one space per 500 square feet of gross floor area in
commercial districts (UDC 11- 3C-6). Per this requirement, 40 stalls are required. There are 83
parking stalls proposed on this site, with designated handicap accessible stalls. This provision
exceeds the City's minimum parking stall ratio. Staff finds that the project should have ample
parking.
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
Commercial. The property is currently zoned 1- L, with a requirement for CUP approval of each
building/use. 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 ifthe 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 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 finds 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.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
The Commission fmds that sanitary sewer, domestic water, refuse disposal, and inigation are
currently available to the subject property. Please refer to any comments prepared by the
Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation
and AClID. Based on comments from other agencies and departments, staff fmds 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. 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 restaurant
and retail uses in this location; however, staff does not believe that the amount generated will be
detrimental to the general welfare ofthe 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 are 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