HomeMy WebLinkAboutDesigning Team CUP 02-020
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DL'IlUS
JULIE KLErN FISCHER
WM. F. OIGRAY, JlI
r. GUY HALLAM'"
D. SAMUEL JOHNSON
LARRY D. MOORE
WrLLlAM A. MORROW
WlLLlAM F. NICHOLS'"
CHRISTOPHER S. NYE
"'Also admitted in OR
*'" Also admitted in WA
PHILIP A. PETERSON
ERIC' A S. PHILLIPS
ERlC S. ROSSMAN
TODD A. ROSSMAN
DAVIOM.SWARTLEY
PAMELAJ. TARLOW
TERRENCE R. WHITE"''''
NICHOLAS L. WOllE""
ATTORNEYS AT LAW
NAMP A OFFICE
5700 E. FRANKLIN RD., STE. 200
NAMPA, IDAHO 83687-8402
TEL. (208) 466-9272
FAX (208 466-4405
830 N. MAIN STREET., SUITE 200
POST OFFICE Boxl150
MERIDIAN, IDAHO 83680-1150
TEl (208)288-2499
FAX (208) 2S8"'250L E.MAIL: DMs@whitepeterson.com
PLEASE REPLY TO
MERIDIAN OFFICE
August 29, 2002
RECEIVED
To:
Staff
Applicant
Affected Property Owner(s)
',.,1'.:'" ...
{,Jo I. 9 20D2
CITY OF MERIDIAN
CITY CLERK OFFICE
Re:
Application Case No.
CUP-02-020
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findings and Recommendations of the Planning and Zoning
Commission shall be presented to the City Council at the public hearing on the above referenced
matter by the Planning and Zoning Administrator. Due to the volume of matters which the City
Council must decide, and to insure your position is understood and clear, it is important to have a
consistent format by which matters are presented at the public hearings before the City Council.
The City Council strongly recommends:
I That you take time to carefully review the Findings and Recommendations of
the Planning and Zoning Commission, and be prepared to state your position
on this application by addressing the Findings and Recommendations ofthe
Planning and Zoning Commission; and
2 That you carefully complete (be sure it is legible) the Position Statement
if you disagree with the Findings and Recommendations ofthe Planning
and Zoning Commission. The Position Statement form for this
application IS available at the City Clerk's office.
It is recommended that you prepare a Position Statement and deliver it to the City
Clerk prior to the hearing, ifpossible. If that is not possible, please present your Position Statement
to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the
Mayor, Council, Planning and Zoning Administrator, PUDlic Works and the City Attorney. If you
are a part of a group, it is strongly recommended that one Position Statement be filled out for the
group, which can be signed by tlie representative for the group.
Very truly your, ~
City Attorneys Office
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST CONDITIONAL USE
PERMIT FOR A PROFESSIONAL
BEAUTY SALON IN AN R-15 ZONE
FOR THE DESIGNING TEAM
SALON, LOCATED AT 1226 EAST 2
1/2 STREET, MERIDIAN, IDAHO
THE DESIGNING TEAM, INC.
Applicant
) Case No. CUP -02-020
)
) RECOMMENDATION TO CITY
) COUNCIL
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1. The property is located at 1226 East 2 y, Street, Meridian.
2. The owners of record ofthe subject property are Calvin and Susan Reed, Meridian.
3. Applicant is The Designing Team, Inc., Meridian.
4. The subject property is currently zoned R-15. The zoning district ofR-15 is defined
within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
5. The Applicant requests the conditional use permit for a professional beauty salon. The
R-15 zoning designation within the City of Meridian Zoning and Development Ordinance
requires a conditional use permit be obtained for most uses including those requested by
the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
6. The Meridian Planning and Zoning Commission recognizes that the proposed application
is in compliance with the Meridian Comprehensive Plan.
7. The use proposed which is the subject ofthis will, in fact, constitute a conditional use as
determined by City ordinance.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends tothe City Council
of the City of Meridian that they approve the requested conditional use permit as requested by
the Applicant for the property described in the application, subject to the following:
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL
USE PERMIT FOR A PROFESSIONAL BEAUTY SALON - THE DESIGNING TEAM, INC - Page 1
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
SITE SPECIFIC REOUIREMENTS
I. A detailed landscape plan shall be submitted when applying for a Certificate of Zoning
Compliance. Landscaping plan shall include mitigation measures for any trees that are
removed.
2. All parking and areas of circulation shall be improved with a hard surface in accordance
with Meridian City Code 11-13-4.D.
3. Hours of operation shall be limited to 8:00am-9:00pm.
4. Parking shall be provided in accordance with Meridian City Code unless variances are
approved by the City Council.
5. Sanitary sewer and water assessments shall be evaluated during the remodel plan
approval process to determine if additional assessments are warranted.
GENERAL COMMENTS
I. Down-shield or otherwise alter all exterior lighting, whether attached to the building or
located within the parking lot, so that the light does not spill over onto adjacent properties
or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-
4C.
2. Provide signage in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance. All signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and will be
removed upon three (3) days notice to the applicant.
3. Building and site improvement construction shall conform to the requirements of the
Americans with Disabilities Act.
4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the
City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment
and disposal shall be designed in accordance with Department of Environmental Quality
1997 publication Catalog of Storm 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.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL
USE PERMIT FOR A PROFESSIONAL BEAUTY SALON - THE DESIGNING TEAM, INC - Page 2
5. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or
sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-
lC. Coordinate location and construction requirements with Sanitary Services, Inc.
6. A Certificate of Zoning Compliance shall be obtained prior to applying for a building
permit.
7. A building permit shall be obtained prior to the start of construction.
8. Certificate of Occupancy: All required improvements shall be complete pnor 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 shall accompany any
request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to
complete the required improvements.
9. This Conditional Use Permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new conditional use permit shall be
obtained prior to the start of development.
Adopt the Recommendations and the Findings of Consideration of the ACHD as follows:
Findings for Consideration
1. Right-oC-Way
District policy 7204.4.1 and Figure 72-FIA requires 54-feet of right-of-way on local
commercial streets. This right-of-way allows for the construction ofa 2-lane roadway
with curb, gutter and 5-foot wide concrete sidewalk.
Modification of Policy for dedication of additional right-of-way: 2 Y, Street is a
local/local commercial roadway. The remainder of the 2 Y, Street is residential in nature.
There are no development applications pending or any rezone applications for the
remainder of 2 Y, Street; therefore staff is recommending a modification of policy for the
additional right-of-way dedication. The site is located approximately mid block. Staff
does not foresee development patterns for 2 y, Street becoming predominately
commercial in the near future.
District policy 7204.4.1 and Figure 72-FIA requires 50-feet of right-of-way on local
streets. This right-of-way allows for the construction of a 2-lane roadway with curb,
gutter and 5-foot wide concrete sidewalk.
2. Sidewalk
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL
USE PERMIT FOR A PROFESSIONAL BEAUTY SALON - THE DESIGNING TEAM, INC -
Page 3
District policy requires 5-foot wide (minimum) concrete sidewalk on all local streets,
except those in rural developments with net densities of one dwelling unit per acre or less
(7204.4.7).
The site plan submitted with the application is not to scale and does not indicate curb,
gutter or sidewalk. District policy requires the applicant to construct curb, gutter and
sidewalk. Improvements shall be constructed to one-half of a 36-foot street section
abutting the site.
3. Commercial Driveways
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over
1,000 vehicles to a maximum width of35-feet. Most commercial driveways will be
constructed as curb-cut type facilities iflocated on local streets. Curb return type
driveways with 15-foot radii will be required for driveways accessing collector and
arterial roadways.
The site plan indicated utilizing the existing driveway (25-feet in width) located
approximately 5-feet south of the northern property boundary line. The applicant is
proposing an additional driveway (l6-feet in width) located approximately 5-feet north of
the southern property boundary line.
The applicant should be required to utilize the existing curb cut driveway and construct
the additional driveway as a curb cut also. The applicant should be required to pave both
driveways to their full width and at least 30-feet into the site beyond the edge of
pavement of2 y, Street. Both driveways should not be more then 35-feet in width.
Graveled driveways abutting public streets create maintenance problems due to gravel
being tracked onto the roadway. In accordance with District policy, 7207.9.1, the
applicant should be required to pave the driveway its full width and at least 30-feet into
the site beyond the edge of pavement of2 y, Street. and install pavement tapers with 15-
foot radii abutting the existing roadway edge.
Site Specific Conditions of Approval
1. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on 2 Yz Street
abutting the parcel. Improvements shall be constructed to one-half of a 36-foot street
section.
2. Utilize the existing curb cut driveway on 2 y, Street located 5-feet south of the north
property line as proposed. The location of the existing driveway meets District policy
and is approved with this application. The applicant shall be required to pave the
driveway to its full-required width of 25-feet and to a point 30-feet beyond the edge of
pavement of 2 Yz Street.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL
USE PERMIT FOR A PROFESSIONAL BEAUTY SALON - THE DESIGNING TEAM, INC - Page 4
3. Construct a 16-foot wide curb cut driveway on 2 Y, Street located 5-feet north of the
south property line as proposed. The location ofthe proposed driveway meets District
policy and is approved with this application. The applicant shall be required to pave the
driveway to its full-required width of 16-feet and to a point 30-feet beyond the edge of
pavement of 2 Y, Street.
4. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least
two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL
USE PERMIT FOR A PROFESSIONAL BEAUTY SALON - THE DESIGNING TEAM, INC - Page 5
10. No change in the terms and conditions ofthis approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
II. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions inforce at the time the
applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless a waiver/variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
Adopt the Recommendations of the Sanitary Sewer as follows:
I. The waste enclosure shall be free of obstruction for access, waste receptacles may have to
be placed at the curb on collection day for service on 2 1/2 Street.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire flow of 1,000 gallons per minute shall be available for duration of 2 hours to
service the entire project. Fire hydrants shall be placed an average of 400' apart.
2. Acceptance of the water supply for fire protection shall be by the Meridian Water
Department.
3. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
4. All radii shall be 28' inside and 48' outside radius for the internal road system.
Adopt the Recommendations of the Central District Health Department as follows:
I. Run-off shall not create a mosquito breeding problem.
2. It is recommended that storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact to ground water and surface water quality.
The engineers and architects involved with the design of this project shall obtain current
best management practices for storm water disposal and design a storm water
management system that is preventing groundwater and surface water degradation.
Manuals that could be used for guidelines are:
State of Idaho Catalog of Storm water Best Management Practices For Idaho Cities and
Counties.
RECOMMENDA nON TO CITY COUNCIL OF APPROVAL OF CONDITIONAL
USE PERMIT FOR A PROFESSIONAL BEAUTY SALON - THE DESIGNING TEAM, INC -
Page 6
Prepared by the Idaho Division of Environment Quality, July 1997.
Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department, May 2000.
Adopt the action of the Planning and Zoning Department from their Thursday, August 1,
2002 meeting as follows:
I. The applicant shall be required to apply for a variance application pertaining to
parking and driveway aisle width.
z:\ W ork\M\Meridian\Meridian t 5360M\Recommendations\CUP02020DesigningTeamSalon.doc
RECOMMENDA nON TO CITY COUNCIL OF APPROVAL OF CONDITIONAL
USE PERMIT FOR A PROFESSIONAL BEAUTY SALON - THE DESIGNING TEAM, INC -
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