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HomeMy WebLinkAboutStaff Comments REVCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 STAFF REPORT P & Z Commission Hearing Hearing Date: 4/20/2006 TO: Planning & Zoning Commission FROM: Toe Guenther, Associate City Planner SUBrECT: Cherry Crossing Drive-Thru CUP-06-010 ,~ ~ ~ zoos ~~~" ~ :. R' IAN '~,. CIT~'~LERK~FICE ~'~,~~~ ,._ ,~ y . ~' .iV~ 7'in~: w.A ,wi,~~~. y:1.3~.~~, . ---- Conditional Use Permit for adrive-thru within 300 feet of a residential district for Robnett Construction 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Robnett Construction, has applied for Conditional Use Pernut approval for adrive-thru within 300 feet of a residential district at Cherry Crossing commercial center. The site is located on the northwest comer of Linder Road and Cherry Lane. The proposed building received staff level Certificate of Zoning Compliance approval on Apri121, 2005 without adrive-thru. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested application below. Staff recox~::umends approval of CUP-06-010 for Cherry Crossing drive thru as presented in the staff report for the hearing date of April 20, 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- 06-010 as presented in the Staff Report for the hearing date of Apri16, 2006, and the site plan labeled SD-1, dated February 15, 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- O10 as 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 Legal Department Staff to prepare an appropriate fmdings document to be considered at the next Planning and Commission hearing on Apri120, 2006. Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-06-010 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: NW Corner of Cherry Lane and Linder Road/ 1760 W. Cherry Lane Section 2, T3N Rl W Cherry Crossing CUP-06-O10 PAGE I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 b. Owners: Robnett Construction 1045 S. Anacona Ave Eagle, ID 83616 c. Applicant: Robnett Construction 1045 S. Anacona Ave Eagle, ID 83616 d. Representative: Mike Robnett, Robnett Construction e. Present Zoning: C-N f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval for adrive-thru within 300 feet of a residential district. 1. Date of CUP Site Plan (attached in Exhibit A): SD-1.0 January 2005 2. Date of Landscape Plan (attached in Exhibit A): L7.01 March 17, 2005 3. Date of Building Elevations (attached in Exhibit A): January 2005 h. Applicant's Justification Statement (from application materials): "The property had a drive thru approval in 2001 and when the site was redesigned in 2004 the applicant assumed the use would be able to continue." 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Planning and Zoning Coxmxiission on this matter. b. Newspaper notifications published on: Apri13 and April 17, 2006 c. Radius notices mailed to properties within 300 feet on: March 24, 2006 d. Applicant posted notice on site by: April 8, 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 1. North: Existing homes, zoned R-4 2. East: Walgreens zoned L-O 3. South: Existing commercial development, zoned C-N 4. West: Existing homes, zoned R-4 Cherry Crossing CUP-06-010 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 d. History of Previous Actions: CZC-OS-046 approved on Apri121, 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: Nane. 2. Vegetation: None. Existing landscaping 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning: C-N 7. Size of Property: 2.09 acres h. Proposed and Required Non-Residential Setbacks: per the C-G zone C-N Standard Front 20 feet Side 0 feet Rear 25 feet Max. Building Height 35 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 Cherry Lane. 7. COMMENTS MEETING On March 31, 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-family 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): Cherry Crossing CUP-06-010 PAGE 3 CITY OF MERIDIAN FLANNING DEPARTMENT STAFF REPORT FOIL THE HEARCNG DATE OF APRIL 20, 2006 • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Gaal III, Objective D, Action item S) The applicant will be required to construct landscaping which complies with the Unified Development Code. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the Gity." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian's sunitary sewer and water systems. • "Plan for a variety of commercial and retail opportunities within the Impact 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-2 lists adrive-thru as a Perxnitted/Conditional use in the C-N 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-N Neighborhood Business District: The purpose of the C-N 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 small scale convince oriented. 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 b'acts Leading to Staff Recommendation CONDITIONAL USE PERMIT S ecial Considerations: Staff is generally supportive of the proposed site design as presented in the CUP site plan labeled as Sheet SD.O1, dated 7anuary, 2005, with the following comments: _Median Landscape Strip_ The site has a unique drive aisle which forces traffic to cross oncoming traffic in the parking lot. Staff has little concern with the design but the Meridian Police Department noted that the median divider should be expanded to accommodate stacked traffic. Drive-thru Desi n: Staff is supportive of the proposed drive-thru configuration, and finds that it meets the requirements set forth in UDC 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: Cherry Crossing CUP-06-010 PAGE 4 CITY QF MERIDIAN PLANNING DEPARTMENT STAFF REPQRT FOR THE HEARING DATE OF APRiL 20, 2006 • Stacking lanes shall have sufficient capacity to prevent obstruction, of the public right-off way by patrons; • The stacking lane shall be a separate lane from 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,plan as submitted complies with the drive-thru standards set forth in UDC 11-4-3.11. b. Staff Recommendation: Staff recommends approval of CUP-06-010 for Cherry Crossing as presented in the staff report for the hearing date of April 20, 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. Cherry Crossing CUP-06-O10 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 11. EXHIBITS A. Drawings 1. CUP Site Plan (dated January 2005) 2. CUP Landscape Plan (dated March 17, 2005) 3. Building Elevations (dated January 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company C. Legal Description D. Required Findings from Zoning Ordinance Cherry Crossing CUP-06-01 O PAGE 6 CITY OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRi,L 20, 2006 A. 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Rl~'!i'~~„~-{gSIR~.YfI!jll A r ~ 1 S a~ Exhibit A 4 CITY QF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENTS 1.1 The Site Plan labeled as SD.O1, prepared by GJZ Architecture, dated January 2005 is approved, with the conditions listed herein. 1.2 The Site and Landscape Plan labeled as L7.01, prepared by The Land Group, dated March 24, 2005 is approved with the following modifications/notes: • 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. A11 standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the Certificate of Zoning Compliance application. l .S To ensure that all of the conditions of approval for CUP-06-010 are complied with, the applicant shall be required to obtain a Final Inspection for the Certificate of Zoning Compliance (CZC) permit, and occupancy, from the Planning Department prior to operation of the drive-thru. 1.6 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. 1.7 No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.8 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. 1.9 Nos eskers stem is a roved with this CUP a lication. A se orate CUP a lication and notification of the nei hbors shall be re wired to install a s eskers stem. 1.10 The a licant shall rovide additional landsca in on both sides of the fence ad'acent to the three southern most ro ernes ad'oinin 1760 W. Cherr Lane to buffer sound from drive- thru traffic. 1.11 The Commission recommended and the a licant a rees to rovide directional si na a and curb an inting for drive-thru traffic. 2. PUBLIC WORKS DEPARTMENT 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 concerns that the drive aisles are not separated enough to allow for adequate traffic movement. The design allows southbound traffic to cross in front of north bound traffic to access the drive aisle. The applicant should consider extending the median to better define the drive aisles. 5. PARKS DEPARTMENT 1. The Parks Department has no concerns related to the application. Exhibit B CITY OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 6. SANITARY SERVICES COMPANY 1. Please contact Sill 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 FIIGHWAY DISTRICT It has been determined that the Right-of--Way and Development Services Department does not have ay site specific requirerz~ents 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 permit. Contact ACHD Planning & Development Services at 3$7-6170 for information regarding impact fees. Exhibit $ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 C. Legal Description ExHtBrr d'n„ PARCEL A AS SHOWN ON REGARD OF SURVEY NO.6742 RECORDED DECEPIBER 30, 2004, AS INSTRUMENT N0, 1Og165054, AND BETF~ A PORTION OF LOT 1, 6LOCK T, DF CHEitRY CROSSING Sllab1V6I0N N0.2, AS SHOWN ON THE PLAT, RECORDED IN BOOk 90 OF PLATS AT PAGES 10476 AND 10477 RECORDS aF: ADA COUNTY, IDAHO, LOCATED W THE SE 114 OF SECTION 2, 'Ii71MN5FHp 3 NORTH, RANGE 1 WEST, BOIL MERIDIAN, C3TY OF MCitIDIAN, ADA OOUNTY, TDAItO AND MORE PARTICULARLY DESCRIBED AS FOLLp1N5: BEIa'~UNG AT A 5/8" IN(7I REBAR MARICiNG THE SW ODRWER DF LDT 1, BLOCK 1 OF CHERRY L'R~NG SUBDIVISION N0, 2; THENCE ALONG THE WEST' LINE OF SAID LOT 1; N00~Z6'19" F A DISTANCE OF 547.29 FEET TO A 5/B Wai REBAR MARKING THE NW I;ORNER of SAID LDT 1; . THENCE LEAV04G SAID WEST LINE ANR ALONG THE NORTH LINE DF SAID LOT 1, ALSO BEING 171E SOUTH RI[TFIT-OF-WAY LINE OF W. EMERALD FALLS bRIVE, SS9o33'46" E A DISTANCE pF 71.52 FEET TO A 5/B INCH REBAR; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, AN ARC LENGTH OF 8.77 FEET, A CENTRAL ANGLE 25407'Z7", AND A CHORD SEARING OF S77a00'p3' E A bISTANCE OF 8.70 FEET TD A 5/e WCH RE9AR; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 93.85 FEET', A CpYT1L4L ANGLE OF 50414'55°, AND A CHORD BEARING OF 5B9°33'g6'E A DISTANCE DF 42.46 FEET TO A 5/8 Tl~l REBAR; THENCE AU7NG A CURVE Tp 7HE RIGHT, HAVING A RADIUS OF 20.00 FEET, AN ARC LENGTH OF 8.77 FEET, A CENTRAL ANGLE Z9~07'2B', AND A CHORD BEARING OF N77n52'30" E A DISTANCE OF 8.70 FEET TO A 5/e INCH REBAR; THENCE 589°33'g6"E A DISTANCE OF 92.13 FEET TU A 1/2 INCH REBAR; THENCE IFAVING SAID NORTH LINE500400"00' W A D6TANCJ= OF 335.64 FEET TU A 1/2 INCH REBAR; THENCE S 8957'51 W A DISTANCE;OF 154..50 FEET TD A 5/8 INCH REBAR; THENCE 500°OQ'00'E A DLSTANCE pF 144.66 FEET TO A 5/8 INCIi REBAR; f~ 521°SO'4S' E, A DISTANCE OF 98.7Y FEE"F Tp A 5/8 INCH REBAR THENCE 50Da0fi'29"W A DISTANCE OF 15.65 FEET TO A 5/8 INCH REBAR ON THE NORTH RIGHT- OFWAY LIRE OF W, CHERRY LANE; THENCE ALONG SAID RIGH'f~WAY-ONE NB9433'46'W A DLSTAN(3.OF 90.97 FEET TO THE POINT DF BEGINNING. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 D. Required Findings from Zoning Ordinance 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. 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. The Commission relies 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. The Commission finds that the designated Comprehensive Designation for this property is Commercial. The proposed use is generally harmonious with the requirements of the UDC (see Sections 8 and 1 ~, above for mare 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. The Commission finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of an business 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. The Commission relies upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. S. 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, anal 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 Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 and ACHD. Based on comments from other agencies and departments, the Connnaission finds that the proposed use will be served adequately by all of the public facilities and services listed above. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. if approved, the applicant will be financing any improvements required for development. The Comtxussion finds there will not be excessive additional requirements at public cost and that the proposed use will nat be detrimental to the conarnunity'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, the Conunission does not believe that the amount generated will be detrimental to the general welfare of the public. The Comzxtission does not anticipate the proposed use will create excessive naise, smoke, fumes, glare, or odors. The Cornrnission 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 he of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with this subdivision that shauld be brought to the Commission's attentiozx. The Commission 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