HomeMy WebLinkAboutCherry Crossing Drive-Thru CUP-06-010
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
In the Matter of a Conditional Use Permit Request for a Drive-Through Within 300 feet of
a Residential District in the C-N Zone, by Robnett Construction.
Case No(s). CUP-06-010
For the Planning & Zoning Commission Hearing Date of: April 20, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 20, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 20, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April
20, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 20, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
II-SA.
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-O6-010 - PAGE 1 of5
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 Site Plan, and the Conditions of Approval all in the
attached Staff Report for the hearing date of April 20, 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 Site Plan as evidenced by having submitted the Site Plan dated January
2005 is hereby conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April 20, 2006 incorporated by reference; and,
3. At the April 20, 2006 hearing the Planning & Zoning Commission voted to add the
following conditions to the staff report:
No speaker svstem is approved with this CUP applicatfon. A separate CUP
application and notification of the neil!hbors shall be reQuire4 to instaq a speaker
system:
The applicant shall provide additional landscapinl! on both si4es of the fence
adiacent to the three southern most properties adioininl! 1769 W. Cþerrv Lane to
buffer sound from drive-thru traffic: and.
The Commission recommended. and the applicant al!rees to provide directional
sie:nae:e and curb paintine: for drive-thru traffic.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
CiTY OF MERiDIAN FINDINGS OF FACT, CONCLUSiONS OF LAW AND DECiSiON & ORDER
CASE NO(S). CUP-O6-010 - PAGE 2 of 5
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.l, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title II.
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 April 20, 2006
F.
CiTY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O6-010 - PAGE 3 of5
By action of the Planning & Zoning Commission at its regular meeting held on the ~~~
day of mOJ.y- , 2006.
COMMISSIONER MICHAEL ROHM
(Chair)
VOTED-7}'L-
COMMISSIONER DA VID MOE
VOTED~
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED~
COMMISSIONER KEITH BORUP
VOTED---1fA-
Attest:
-
Tara Green, Deputy City Clerk
Attorney.
By:
ß hDJ't ó)~ ~~~
Dated:
tE - 2. .ß.t:-ìCp
CITY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECiSION & ORDER
CASE NO(S). CUP-O6-010 - PAGE 4 of5
City Clerk
CiTY OF MERiDiAN FINDiNGS OF FACT, CONCLUSIONS OF LAW AND DECiSiON & ORDER
CASE NO(S). CUP-O6.010 - PAGE 5 of5
CITY 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:
FROM:
SUBJECT:
Planning & Zoning Commission
Joe Guenther, Associate City Plallller
Cherry Crossing Drive-Thru
CUP-06-010
Conditional Use Pennit for a drive-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 Pennit approval for a drive-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 April 21, 2005 without a drive-thru.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested application below. Staff recommends approval of
CUP-06-01O 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 April 6, 2006, and the site plan
labeled SD-l, 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-
010 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 pennit.) 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 April 20, 2006.
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number
CUP-06~O 10 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 Comer of Cherry Lane and Linder Road! 1760 W. Cherry Lane
Section 2, T3N Rl W
Cherry Crossing CUP-06-010
PAGE 1
CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF APRiL 20, 2006
b. Owners:
Robnett Construction
1045 S. Anacona Ave
Eagle, ill 83616
c. Applicant:
Robnett Construction
1045 S. Anacona Ave
Eagle, ill 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 Pennit
approval for a drive-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): L7.0l 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 200 I 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 detennined by City
Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before
the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: April 3 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 SulTounding 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
ChefI)' 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-O5-046 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: None.
2. Vegetation: None. Existing landscaping
3. Flood plain: NA
4. CanalslDitches 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
CoN 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 Cheny 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'. 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 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):
Cheny Crossing CUP-06-010
PAGE 3
CiTY OF MERiDiAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARiNG DATE OF APRIL 20,2006
.
"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 o.lMeridian 's sanitary 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.
Stafffinds that the proposal is harmonious with and in accordance with the Comprehensive Plan.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2B~2 lists a drive-thro as a PennittedlConditional
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 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 SD.Ol, dated January, 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 Design: 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:
Cheny Crossing CUP-06-01 0
PAGE 4
......."
CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF APRiL 20, 2006
.
Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons;
The stacking lane shall be a separate lane 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 Dlan as submitted comDlies with the drive-thru standards set forth in UDC
11.4-3.11.
b. Staff Recommendation: Staff recommends approval of CUP-06-010 for Cheny 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-06-010
PAGE 5
CiTY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006
11. EXHmITS
A. Drawings
I. 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-06-0 1 0
PAGE 6
CITY OF MERiDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006
A. Drawings
1. CUP Site Plan (dated January 2005)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006
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CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF APRiL 20, 2006
3. Building Elevations (dated January 2005)
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CITY OF 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.OI, 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. All standards of installation shall apply as listed
in UDC 1 I-3B-14.
1.5
Submit a landscape plan, reflecting the changes/notes mentioned above, with the
Certificate of Zoning Compliance application.
To ensure that all of the conditions of approval for CUP-06-010 are complied with, the applicant
shall be required to obtain a Final fuspection for the Certificate of Zoning Compliance (CZC)
permit, and occupancy, from the Planning Department prior to operation of the drive-thru.
All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the
required improvements (including paving, striping, landscaping, and ilTigation). 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.
1.6
No soeaker svstem is aooroved with this CUP aoolication. A seoarate CUP aoolication and
notification of the neie:hbors shall be required to install a soeaker svstem.
The aooIicant shall orovide additionallandscaoine: on both sides ofthe fence adiacent to the
three southern most orooerties adioinine: 1760 W. Cherry Lane to buffer sound from drive-
thru traffic.
1.11 The Commission recommended. and the aooIicant ae:rees to orovide directional sÎl:!ßae:e and
curb oaintine: for drive-thru traffic.
2. PUBLIC WORKS DEPARTMENT
1.9
1.10
All Public Works concerns have already been addressed in the civil plan review for the building
plans on this lot.
3. FIRE DEPARTMENT
2.1
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
derIDe the drive aisles.
5. PARKS DEPARTMENT
1. The Parks Department has no concerns related to the application.
Exhibit B
CiTY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRiL 20,2006
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
I. 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 APRiL 20, 2006
C. Legal Description
EXHIBIT .. A"
PARCEl A AS SHOWN ON REroRD OF SURVEY NO. 6742 RECORDED DEŒM8ER. JO, 200<1, AS
INSTRUMENT NO. 104165054, AND 8ElNG II PORTION OF LOT 1, BlCXX 1, OF CHERRY CROSSING
SL8OMStON NO.2, AS SIÐWN ON TIiE PlAT, RECORDID IN BOOK 90 Of 1'lA1S AT PPßE5 10476
AND 10477 RECORDS Œ' ADA C9UNTY, IDAHO, LOCAiED IN THE SE 1/4 OF SECTION 2-
towr&IP 3 NORTH, RANGE 1 \'/EST, ooISE MERIDIAN, CITY OF MEfUDlNi, AM rotMY, IDAHO
AND MOllE PARTIQJLAA.t Y DEsauaeD AS FOllOWS:
8EGI1f,I1NG liT II 5/8" INCH REBAR MARKING THE SW CORNER OF LOT 1, Bl.OCX 1 OF CHERRY
CROSslM> SU80MSlON NO.2; ,
THEt.Œ AlONG WE WEST lINE OF SMD LOT 1, N!JO<rl6'14' E A DISTANŒ OF 547.29 Æ~T TO A
5/BlNOf REBAR MAAKING THE tNI OORNER Of SAID lOT 1;
mENΠlEAVING SAID WEST UNE AND ALONG THE NORm UNf OF SAID LOT 1, ALSO BEING
THE SOUTH RIGHT-OF-WAY UHE OF W. EMERAlD FAIlS DRIVE, 589<'J3'46" E A DISTANCE OF
71.52 FEET TO A 5/8 INCH REBAR;
THEta AlONG A CURVE TO" }iE RIGHT, HAVING II RADlUS Of 20.00 ÆfT, AN ARC lENGm OF
8.77 fftT, A CENTRAL ANGLE 25007'27', AM) A ŒfORD BEARING OF S7JVQO'O3" E A DISTANCE OF
8.70 FEET TO II 5i8 INQi REBAR;
THENcE AlONG A QJRVE 10 WE lfFf, HAVING A,RADIUS OF 50.00 FEET, AN AAC lENGTH OF'
43.85 FEET, A CENTIW. ANaE OF 5O"11'SS', AND II CHORD BEARING OF SS9<'J]'46'E A
DISTANCE OF 42.46 ÆET TO A 5/8 INai REBAR;
THENCE AlONG A CURVE TO THE RIGHT, HAVim A RADIDS OF 20.00 ÆET, AN AAC lENGTH OF
8.71 FŒT, A ŒNnw. ANGlE 25"07'28", AND A OORD lIEARlNG OF N7JO52'30" E A DISrANCE OF
8.70 FEET TO A SIB INat REBAR;
11iENc:E S89<>3J'4I.î'EA DISTANCE Œ' 92.11 ÆETlO A 1/2 INŒf REBAR;
THan lEAVING SAID NORW UN€ SOIJ<IOO'O( " W A DISTANCE OF J35.1>4 FEET TO II 1/2 INCH
REfWI; .
mENCE 5 89<>57'S1OW A DISTANCE,OF 151.,90 FEET TO A 5/B INQi REBAR;
THENCE 9)OCIOO'00"E A DISTANCE OF 149.66 FEET TO A 5/81NOI REBAR; ,
1}fE~ SlIØSó'4S" E, A DISTANCE OF 48.72 FEET TO A 5/8 INOi REBAR
THENCE SOO"Os'29"W A Ol5TANΠOF 15.65 FEET TO A 5/8 INCH REBAR. ON mE NORTIi 1UGIfT-
Of--WAY UNE Cf' W. CHERRY lNIE;
TMENœ ALONG SAID RJG1íT-DF-WAY -UNE N89OJJ'46'W A DISTANCE OF 90.47 FEET TO THE
POINT OF BEGINNING. ,
Exhibit C
CITY OF MERiDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF APRIL 20, 2006
D. Required Findings from Zoning Ordinance
1. Conditional Use Pennit Findings:
CUP Findings:
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The proposed building and uses on this site can accommodate and meet all dimensional and
development regulations of this district. The Commission finds that the subject property is large
enough to accommodate the required yards (setbacks), parking, landscaping and other features
required by the ordinance. 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 hannonious with the requirements of the UDC (see
Sections 8 and 10, above for more infonnation regarding the requirements for this use.)
3. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Commission finds that if the applicant complies with the conditions outlined in this report,
the general design, construction, operation, and maintenance of an 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.
5. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and 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 Commission 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
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission recognizes that traffic and noise will increase with the approval of office and
retail uses in this location; however, the Commission does not believe that the amount generated
will be detrimental to the general welfare of the public. The Commission does not anticipate the
proposed use will create excessive noise, smoke, fumes, glare, or odors. The Commission finds
that the proposed uses will not be detrimental to people, property or the general welfare of the
area.
8. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with this subdivision 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 major importance.
Exhibit D