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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
STAFF REPORT
P & Z Commission Hearing
Hearing Date: 4/6/2006
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SUBJECT:
Planning & Zoning Commission
Joe Guenther, Associate City Planner
Bridgetower Commercial
CUP-06.009
Conditional Use Pennit for Request for 27486 sq/ft of commercial uses
including a drive-thru for Bridgetower Commercial by Primeland
Development LLC at Lot 2 of Block I Bridgetower Subdivision No 7.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Primeland Development LLC, has applied for Conditional Use Permit approval for the
retail site on Lot. The site is located on the south side of McMillan Avenue, east ofTen Mile Road. The
property is currently zoned C-G (General Commercial.) The proposed buildings are located in
Bridgetower Subdivision, the existing Development Agreement for this site allows, among other uses,
office, retail and restaurant uses in the C-G zone. The Findings of Fact and Conclusions of Law for the
Bridgetower Subdivision Planned development, subjects all development within the commercial lots in
Bridgetower Subdivision No.7 to obtain CUP approval.
2. SUMMARY RECOMMENDATION
The subject application for Conditional Approval was submitted to the Planning Department for review.
Staff has provided a detailed analysis of the requested applications below. Staff recommends approval of
CUP~06.009 for Bridgetower Commercial as presented in the staff report for the hearing date of April 6,
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-
06-009 as presented in the staff report for the hearing date of April 6, 2006, and the site plan
labeled CU-I, dated January 3,2006 with the following modifications to the conditions of
approval: (add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-06-
0O9as presented in the staff report for the hearing date of April 6, 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 April 20, 2006.
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Bridgetower Commercial CUP-O6-009
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
Recommend Continuance
After considering all staff, applicant and public testimony, I move to continue File Number
CUP-O6-009 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 of McMillan Avenue, east ofN. Ten mile Road
Section 35, T4N Rl W
b. Owners:
Primeland Development LLC
3120 Belltower
Meridian Id 83642
c. Applicant:
Primeland Development LLC
3120 Belltower
Meridian Id 83642
d. Representative: Billy Ray Strite, BRS Architects
e. Present Zoning: C-G (General Commercial)
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request: The applicant is requesting Conditional Use Pennit
approval for the office, retail, restaurant and drive-thru uses. The use requests are consistent
with prior approvals for the annexation and planned development applications approved in
2001.
1. Date of CUP site/landscape plan (attached in Exhibit A): January 3,2006
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, Primeland Development LLC,
respectfully requests Conditional Use approval to construct two buildings for 27,486 square
feet of office, retail, restaurant and drive-through uses for Bridgetower Commercial Lots.
The site is approximately 4.19 acres, is zoned C-G and has all existing previously approved
improvements with the Final Plat. 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 determined by City
Ordinance. By reason of the provisions ofUDC 11-5B-6, a public hearing is required before
the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: March 20 and Apri13, 2006
c. Radius notices mailed to properties within 300 feet on: March 15,2006
Bridgetower Commercial CUP-O6-009
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
d. Applicant posted notice on site by: March 26, 2006
6. LAND USE
a. Existing Land Use(s): Vacant - Required improvements for FP-04-031
b. Description of Character of Surrounding Area: The area along this portion of McMillan
Avenue is developing with Bridgetower Subdivision, with some residential uses to the south
and east of the site.
c. Adjacent Land Use and Zoning
1. North: Vacant land, zoned C-G
2. East: Vacant land, zoned R-4 Bridgetower Subdivision.
3. South: Vacant land, zoned R-4 Bridgetower Subdivision
4. West: Future Volterra Subdivision - currently Ada County RUT
d. History of Previous Actions: In 2001 a 371 acre 336 lot subdivision, Bridgetower Subdivision
was approved. A development agreement condition requires all future uses within the
commercial phases of this development to obtain CUP approval.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: There are sewer mains in W. Quintale Drive and N.
Montelino Way, as well as numerous services stubbed to these parcels
Location of water:
There are water mains stubbed to this property.
Issues or concerns: None.
2. Vegetation: Existing landscaping along McMillan Avenue and collector roadways
3. Flood plain: NA
4. Canals/Ditches Irrigation: 50' easement along McMillan Ave for Settlers Canal.
5. Hazards: None.
6. Proposed Zoning: C-G
7. Size of Property: 4.19 acres
h. Proposed and Required Non-Residential Setbacks: per the C-G zone
C-G Standard
Front
Side
0 feet
0 feet
Rear
Max. Building Height
0 feet
50 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 ITom an existing curb cut on McMillan Avenue. There is a proposed cross-
access agreement for the lots in the Brigetower Commercial portion to share the approved
Bridgetower Commercial CUP-O6-009
PAGE 3
CITY OF MERIDIAN PLANNrNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
access points to McMillan Avenue and Quintale Drive. 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 agreements as shown on the site plan.
7. COMMENTS MEETING
On January 17, 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'. In
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.fami1y residential, as well as appropriate public uses such as government offices. Staff
finds that the request generally conforms to this 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 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 I, 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-2 lists retail, restaurant stores as a pennitted
uses and drive thru in the C-G zone.
b. Purpose Statement of Zone: The purpose of the C.G District is to provide for convenient
employment centers of light manufacturing, research and development, warehousing, and
distributing. In accord with the Meridian Comprehensive Plan, the C-G 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 oftms district.
Bridgetower Commercial CUP-O6-009
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRI L 6, 2006
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-I, dated January 3,2006, with the following comments:
Parking Lot Landscaping: The site contains existing landscaping installed with the construction
of the final plat and the applicant has proposed additional landscaping adjacent to the proposed
drive-thru at the south and east end of the building. Staff is generally supportive of the
proposed landscaping.
Drive-thru Design: Staff is generally supportive of the proposed drive-thru configuration, with
the following changes:
I. UDC II-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 1I-3B-
6C2 be placed at the eastern end of the row of parking adjacent to the entrance to
the drive- thru at the northwest corner of the building to include appropriate signage
as to designate the one-way nature of the drive-thru.
Cross Access Agreement: The applicant has proposed to record a cross access agreement
between the subject parcel and the parcel to the west. The applicant shall submit a recorded
copy of said cross access agreement prior to issuance of a Certificate of Zoning Compliance.
b. Staff Recommendation: Staff recommends approval of CUP-06-009 for Bridgetower
Commercial as presented in the staff report for the hearing date of April 6, 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.
Bridgetower Commercial CUP-06-009
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6,2006
11. EXHffiITS
A. Drawings
1. CUP Site and Landscape Plans (dated January 3, 2006)
2. Building Elevations (dated January 3,2006)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. ACHD
C. Legal Description
D. Required Findings from Zoning Ordinance
Bridgetower Commercial CUP-06-009
PAGE 6
CITY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
A. Drawings
1. CUP Site and Landscape Plans (dated January 3,2006)
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6
To ensure that all of the conditions of approval for CUP-06-009 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.
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
pennit 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
1.7
1.8
1.9
2.1
2.2
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6,2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all conditions of approval for Bridgetower Subdivision (AZ-Ol-
003, CUP-01-006 & PP.01.005) as part ofthe subject Conditional Use Permit (CUP~06~009).
The Site Plan labeled as CU. I, prepared by BRS Architects, dated January 3,2006 is approved,
with the conditions listed herein.
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-l, prepared by BRS Architects, dated January 3,
2006 is approved with the following modifications/notes:
. The drive-thru lane shall meet all conditions of approval from the Fire Department.
. The planter island which shall comply with UDC 11 ~3B~6C2 shown at the north west
corner of the building and adjacent to the entrance to the drive- thru shall be
directionally signed for one way traffic.
. 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.
1.2
1.3
Submit a landscape plan, reflecting the changes/notes mentioned above, with the
Certificate of Zoning Compliance application.
1.6
Sanitary sewer service to this development is being proposed via existing sewer services to the
property. If any new mains are required then the applicant shall install any mains necessary to
provide service; applicant shall coordinate main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub. grade is
less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
Water service to this site is being proposed via extension of stubs that were installed with
2.7
2.8
2.9
2.10
2.11
2.12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6,2006
2.3
Bridgetower #7. The applicant shall be responsible to install all water mains necessary to serve
this development, coordinate main size and routing with Public Works.
The applicant shall coordinate fIre hydrant placement with the Public Works Department during
plan review.
During plan review a looped system may be required to achieve adequate fIre flows.
The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10.1-91) for all off-street parking areas. Stonn water
treatment and disposal shall be designed in accordance with Department of Environmental
Quality 1997 publication Catalog ofStonn Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into a surface water
is prohibited unless the jurisdiction which has authority over the receiving stream provides
written authorization prior to development plan approval. The applicant is responsible for filing
all necessary applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.4
2.5
2.6
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the [mal plat
per Resolution 02-374.
It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Army Co1þs of Engineers.
Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
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 Y:z" 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 comers when spacing pennits.
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 lFC 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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
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 firewflow 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' &om 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) &om 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).
4. ADA COUNTY HIGHWAY DISTRICT
1. It has been determined that the Rightwof-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 information regarding
impact fees.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
C. Legal Description
FE.S 15-æø6 11:00 Fr"'f!¡;("
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A Pion"", ('""""or
PIONEER TITLE COMPANY
Of' MIA ('OIINTY
US! ",-Rill~"'""A"e.fHlli"(;.Jd"h" H-1704
amI) 317.1700
ADA COUNTY RecoRDER~, DAVID NAVAIIIIO
8OIIf IllAIIG l18li31114 10:24 AM
DEPUTY JOlllno H.....
"&CORDED-REQUEST OF
Pi...o,
AMIUNT 8,110
2
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11214193985
W AHIV\NTy DEED
Fur Value Rced..,,¡
E, L O¡:;W$I\NU $IIIRLEY U, !3ëWS, HUSBAND ANn WilT
h.reinall., r.tèrrtd to as Uranlor. doe~ hereby ilallr, bargain- sell, W",mnt nud coMe)' \llIlo
I'RIMëLAND DëVEI.<>PMF.NT COMPANY, Lt- p.
110'('.;n"11.r ro/crrod 10 a~ Gr~nlcc. whose cu""nl address is 660 E, franklin, SUllo 110, Mer;diUII, I¡J RJli42
tll. foll""""1; d~..-ib..d pr.,niS<i1, to-wit:
SEE EXHIBIT A IIrrM.'HED HERI;TO AND MADF. ^ PART HF.RF.O!'
To IIA vt:; AND TO 'IOLD the said premls.s, wlrh ¡hdr "ppun.03nc(s UOIO rhe said Gra,,'ee, III, heirs
"lid ."i¡¡lI:; fi,,~,,~r. Alld Iho said Grw,lo, doc, ""feby ':""01li1l11 I" ulld ",ill, 1110 ...ill O'onlee, thaI Gralllor
Is the owner in fee simple af said !,rem;'es; that said !,remf,es 3~ ftee Irom "II el1CUn'hr4nce" excerr 0111 'CIII
y~rs raxes, levies, am:! "ues,menrs, and except U S l'..e"1 re~ervarlons, restrictions, easements af reel]rd,
alll1 easemenlS visible UpOIl the premi,.s. and char Gral1lar will wa,.,lIm and d"[<rld 1IIe sl.lm~ (rum 1111 claim.'
wbafso."<,'-
Dsr.<I' AlIgliSI 12. ]0(14
--?/!£--~! Row,
..J.r:.~,~.t'" 11~ .6L....-
Shirley 0- Dews
STilT!' OF Id- ('trimly of Ada, s.,-
On r ¡i, Illh day of Augu,l', in Ihe year 0'2004, befare "" Ihe undersi¡¡ned, nol4ry public personally
HPI"'.red R. ,-- Rews and Shirley 11. He"" krlllwn '" idolllifìod [0 ITlO In he Ihe p.rsonlpersans wbose
1\."'0 i~ar" 5uhscI'il1cd [0 rhe withill illslrun'cnl, and .cknowledged 10 mc tho, hcf,I",lthoy .'ceuI." 11,<
53111..
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 6, 2006
Ft:E,! 1,,-2006 11:00 Ft"""J
EXHIBIT A
f'ItOf'O.'\EÐ RRmr;F:TOWE/I CROSSING !>lJIml\!rSION$ 5,~ 7
A pored (,rr"ud ¡u"~I~d i" Ihe We>II",lf u[ ¡he Nunb"',"1 'Iua('ior of So~tion 35. Towoshi¡¡ 4
Nonh, Ru ~c I W~,t. Húi~c Mcli~ion, Adu CUWI!r. «.!all", JIll"" !""licLllarly ,k<crihctl ",' rOIIQwS'
';"onln""cing nllllc ~OUtllwc_" ~"Il1.r of the N.-."hwGsr q"~'1C' {W<,>I ""drler """I<,r) ..,1',.;<.1
SOCtlon 35, ITOl\1 which the cumer common ro S.c!ion~ 2G, 27, 34 and tll.. said S~ctil " ),' bc""
Nonh DU. 53 'I \I" l'ast, 26nU5 teel;
'hence along ÙI( :;outh boUlldnry ot',¡ald NoI1!¡wesl yudHcr ~ULlI" H9" 10'54" E~~I, 25.00 f~er:
Thcnçc North 00" 53' 19" Ea$r. /J7.Uo f~r II! rhe R£AL POINT OF' 8liT/iNNING
rh~n'o CCm(i"u¡~g and along Ih~ but rillhr or W3Y 01')\1. T~n Mik Rl)ud North on" .iI' 19" F:~'I,
11.10.46 feel to" pt.Iinl un 111<, SIIUlb flllhl IIrWa} of ""<$' MCMillan Kaad;
Then"e alun¡,; ",¡ù Suulh right or ......y S""'lh 88" 58'1</" East. I Z7ú.51 fe~l;
"I he,ncr SOl [h 00" .1(; 'eu" W<St. 1:27,37 k~t;
Ihenç~ NO,," Hr¡- U6'~I" W<SI, IUI.;':, f~erlO tl1e ttr:;AL 1'0lN'I" OF OE<aNNIN(;-
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRJL 6, 2006
D. Required Findings from Zoning Ordinance
1. 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 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, 56 stalls are required. There are 167
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.
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 this 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 this property is Commercial. The
property is currently zoned C-G, with a requirement for CUP approval of each building/use. The
proposed use is generally harmonious 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 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,
Staff 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. 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 OF APRIL 6,2006
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.
Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation 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 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.
If approved, the applicant will be fmancing any improvements required for development. Staff
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.
Staff 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 of the public. Staff does not anticipate the proposed use will create excessive
noise, smoke, fumes, glare, or odors. Staff fmds 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 historic
feature of major importance.
Exhibit D