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HomeMy WebLinkAboutMeridian Gateway Walgreen's Pharmacy CUP-06-015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER .~RE C I"lED JUL i 4 2006 Cit Of M, ~;l" In the Matter of Conditional Use Permit for a 14,820 square foot drive-through pharmacy, by White-Leasure Development Company. Case No(s).: CUP-06-015 For the Planning & Zoning Commission Hearing Date of: June 1, June 15, and July 6,2006 (findings approved on July 20, 2006 Commission agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 6, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 6, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 6, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 6,2006 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 (LC. ~67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-15 - PAGE I of4 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 in the attached Staff Report for the hearing date of July 6, 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 Plalllling & Zoning Commission's authority as provided in Meridian City Code S II-SA 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 March 15, 2006, labeled S 1.0; and, 2. The following modifications to site specific conditions were made at the Planning & Zoning Commission hearing: Condition 1.2 was modified to allow the applicant to request alternative compliance for the width of the landscape buffer along Meridian Road, where the deceleration lane will be constructed; Condition 1.2 was modified to defer the construction of the land use buffer to the south, until another building is constructed on this site; and, Condition 3.9 was modified to allow the trash compactor to not be separated from the building by 5 feet (a Fire Department requirement). 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 6,2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-15 -PAGE2of4 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 tennination ofthe period in accord with 11-5B-6.G.1, 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 11. E. Notice afFinal 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 of the City of Meridian, pursuant to Idaho Code g 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 pemlit 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. F. Attached: Staff Report for the hearing date of July 6, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-15 - PAGE 3 of4 By action of the Planning & Zoning Commission at its regular meeting held on the Zo-J-t---. day of /1A) ~A t ' 2006. COMMISSIONER MICHAEL ROHM (CHAIR) VOTED~ COMMISSIONER DAVID MOE VOTED L({c:c, p VOTED~L COMMISSIONER WENDY NEWTON-HUCKABAY COMMISSIONER KEITH BORUP VOTED .H~'Gt CHAI AN MICHAEL ROHM . \ \ \ \ I \ Illrl} ii' \\, .1 i; \\\ ,-r- - Iii ", -{ ......1 1// ...,.... ,..::::. '.....---~--~,.. '-:, ~ 'f~rf7{)i?'1 ""'''. .~;.. ::: .,f.r 'i ; <;,,> \. u-:, 2 ~ <.) \ - \ ' ::: 1 :: Sr:~;~1L 1 = j ~ ~ ~~/ ara Green, Deputy City Cleil> ""'7 ~:;v ,. "." ,/ ~ t(J ~~t',~Jr 1~r\ :,,/,,,/ ........../ . +-1 ~........ ""+.-'---~,..---'-- '/'/ C:f)) f<7\ ~'"C'....,( " 111/ '- v", , ' ,..,'\ Copy served upon Applicant, The Pliffiting Department, Public Works Department and City VOTED~ COMMISSIONER DAVID ZAREMBA Attest: Attorney. By: $hCUt m~~{/;l City Clerk Dated: ro1- 2J -O(p CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-15 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 IDAHO STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 7/6/2006 Planning & Zoning Commission Caleb Hood, Current Planning Manager Meridian Gateway Walgreen's CUP~06-0 15 Conditional Use Permit for a 14,820 square foot drive-through pharmacy, by White-Leasure Development Company. ~~ ftIlV'" J.:.~ '-/VLtJridia:n 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, White-Leasure Development Company, has applied for Conditional Use Permit approval for a drive-through pharmacy. The subject property is currently zoned C"G (General Retail and Service Commercial District.) Although drive-throughs and pharmacies are principally permitted uses in the C"G zone, the Development Agreement in effect for this site requires all uses on this site to obtain Conditional Use Permit approval. The subject site is located on the southwest corner of Meridian Road and Overland Road. Concurrent to the CUP application, the applicant is requesting design review approval, as this property is located on Meridian Road, an Entryway Corridor. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP and Design Review (DR) applications below. NOTE: Design Review applications only require administrative review. Staff has included the DR analysis within the suq,iect staff report. However, the Commission does not have to make a formal action on the applicant's DR request. Staff recommends approval of CUP-06-0 15 for Meridian Gateway Walgreen's as presented in the Staff Report for the hearing date of July 6,2006, subiect to the conditions listed in Exhibit B. On Julv 6. 2006 the Meridian PlanniD!! & Zonine Commission voted to approve the subiect application with the modified conditions in Exhibit B. a. Summary of Public Hearings: i. In favor: Jeff Huber (Applicant) ii. [n opposition: None Ill. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Expected traffic and access to this site and to the west; ii. Landscape buffers along Meridian Road and to the south. c. Key Commission Changes to Staff Recommendation: i. Allowed applicant to submit alternative compliance for the landscape buffer width on Meridian Road, adiacent to the deceleration lane: II. Allowed the land use buffer to the south to be constructed with the next commercial business on this site. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP- 06-015 as presented in the Staff Report for the hearing date of July 6, 2006, with the following modifications to the conditions of approval: (add any proposed modifications). I further move to Meridian Gateway Walgreen's (CUP-06-015) - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 direct staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on July 20,2006. Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-06- 015 as presented during the hearing of July 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 findings document to be considered at the next Planning and Commission hearing on July 20, 2006. Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-06-015 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: 1601 S. Meridian Road; southwest comer of Meridian Road and Overland Road; Section 24, T3N Rl W b. Owners: William & Mary Howell 497 White Cloud Drive Boise, ill 83709 c. Applicant: White-Leasure Development Company 416 S. 8th Street, Ste. 200 Boise, ill 83702 d. Representative: Jeff Huber, White-Leasure Development Company e. Present Zoning: C-G f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval for a 14,820 square foot pharmacy with a drive-through. 1. Date of CUP Site Plan (attached in Exhibit A): March 15,2006 2. Date of Landscape Plan (attached in Exhibit A): March 15, 2006 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by the Development Agreement in effect for this site. 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: May 19th and May 29th, 2006 c. Radius notices mailed to properties within 300 feet on: May 2006 d. Applicant posted notice on site by: June 26t\ 2006 6. LAND USE Meridian Gateway Walgreen's (CUP-06-0 15) - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 a. Existing Land Use(s): Convenience store and some temporary uses b. Description of Character of Surrounding Area: Single family residential, highway- oriented services, rapidly urbanizing c. Adjacent Land Use and Zoning: 1. North: Mr. Sandman Subdivision #2 and Interstate Center Subdivision, zoned C-G with an existing convenience station 2. West: Unplatted/vacant, zoned C-G 3. South: Elk Run Subdivision, single-family residential, zoned R-8 4. East: Southern Springs Subdivision #2, future commercial, zoned C-G d. HistOlY of Previous Actions: File AZ-04-031, Annexation and Zoning for Meridian Gateway. The subject property was annexed and zoned to General Retail and Commercial (C- G) with a Development Agreement on August 2S, 2005. On June 6, 2006 the Meridian City Council approved V AR-05-027 by allowing one right-in/right-out only driveway to Meridian Road for this property. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Extension of mains in Overland Road Location of water: Extension of mains in Overland Road Issues or concerns: None 2. Vegetation: N/ A 3. Flood plain: N/A 4. Canal sID itches Irrigation: N/A S. Hazards: There is/was a clean up in process at this site for gasoline contaminated soils. 6. Size of Property: 9.08 acres 7. Description of Use: Proposed 14,820 square foot retail pharmacy with a drive- through f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one new access point to Meridian Road/SH69 at approximately SOO-feet south of Overland Road. The applicant is proposing two driveways to Overland Road located approximately 260-feet west of Meridian Road, and at the west property line. ACHD has approved the driveway locations to Overland Road; ITD's approval of the access point to Meridian Road is still pending. However, the City Council has granted the applicant a variance to allow one right-in/right-out access to Meridian Road located approximately SOO-feet south of Overland Road. 7. AGENCY COMMENTS On April 28, 2006, ajomt agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Meridian Gateway Walgreen's (CUP-06-015) - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 "Commercial" on the Comprehensive Plan Future Land Use Map. 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. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): · Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: · Sanitary sewer and water service will be extended to the project at the developer's expense. · The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. · The subject lands will be serviced by the Meridian Police Department (MPD). · The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD) and lTD. This service will not change. · The subject lands are currently serviced by the Meridian School District #2. This service will not change. · The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss. Municipal, fee-supported, services will be provided to this site by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. · "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) Staff is conditioning approval of the subject CUP upon the applicant installing and maintaining landscaping on this site. Please see the CUP Analysis in Section 10 below for more information on landscaping this site. · "Require appropriate landscape and buffers along transportation cOlTidors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action 4) Please see bullet above and Section 10 below for information regarding landscaping on this site. A 35-foot wide landscape buffer is required ac(jacent to Meridian Road; a 25-foot wide landscape buffer is required adjacent to Overland Road; and, a 25-foot wide landscape buffer is required between C-G zoned properties and residentially zoned properties. · "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed use does contribute to the variety of uses in this area. Meridian Gateway Walgreen's (CUP-06-015) ~ Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: · "The capacity of arteriaL. .roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimize access points on arteriaL. .roadways as development applications are reviewed." (Chapter VI, page 72) · "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). · "Restrict curb cuts and access points on . . .arterial streets." (Chapter VII, Goal IV, Obj. D, #S, page 107) 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC ll-2B-2 lists a drive-through as a Permitted/Conditional use in the C-G zone. However, the applicant is required to obtain CUP approval because the recorded Development Agreement for this site requires it. 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-G General Retail And Service Commercial District: The purpose of the C-G 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 auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. 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: Staff is generally supportive of the proposed site design as presented in the CUP site plan labeled as Sheet S1.0, dated March IS, 2006, and the landscaping proposed, with the following comments: Existing Development Agreement: There is a Development Agreement (DA) in effect for this property. Section 5B5 of the recorded DA, recorded with instrument #105134293, requires all future uses on this site to be approved through the Conditional Use Permit process. In accordance with the DA, the applicant has submitted a CUP for the proposed drive-through pharmacy. Section 5B6 of the recorded DA for this site states that prior to the issuance of any building permit on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the Conditions of ACHD and lTD. Currently, there are several uses on this site. Staff has carried this DA provision over as a condition of the subject CUP. Development along Federal and State Highways: Unified Development Code (UDC) 11-3H- 1, Purpose. One ofthe three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community Meridian Gateway Walgreen's (CUP-06-0I5) -Page 5 CITY OF MERlOIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6,2006 and for the traveling public." See Access below for analysis. UDC 11-3H-4B3 states: "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road." The property to the south has already been developed for residential use. Staff believes that this requirement does not apply to the subject site. The submitted site plan shows a 5-foot wide detached sidewalk adjacent to Meridian Road/SH-69. UDC 11-3H-3C4 requires a lO-foot wide multi-use pathway with a public use easement along Highway 69. The applicant should be required to construct a lO-foot wide multi-use pathway with a public use easement along the frontage of Meridian Road/SH-69. Access: The original submitted site plan shows two access points to Meridian Road, a state highway. The applicant has since submitted a revised plan with a driveway shown at SOo- feet south of Overland Road. The UDC limits access points to state highways to the mid- mile. However, on June 6, 2006 the Meridian City Council voted to approve a variance request on this site, granting one right-in/right-out driveway to the subject property, located no closer than 500-feet south of the centerline of Overland Road. A City Council provision of approving this access to Meridian Road was that it directly stub to the property to the west, so that property could also use the access. This access, if permitted by ITD, shall be the only access to Meridian Road for this property. The submitted site plan depicts two access points to Overland Road, a principal arterial street. The ACHD has approved one right-in/right-out driveway to Overland Road, located approximately 260-feet west of Meridian Road. The ACHD has approved a second, full access, driveway to Overland Road at the west property line. City Staff is supportive of the two driveways. However, because the western most driveway is being required/allowed at the west property line, staff recommends that the subject applicant grant a cross-access, ingress-egress to the undeveloped property to the west. Except for the accesses approved by ACHD, no additional access to Overland Road should be approved for this site. The UOC and the Comprehensive Plan have policies and goals that limit access points to arterial streets (see Section 8 above) and staff believes that this is a situation where shared accesses to Overland Road and Meridian Road are consistent with the City's and ACHD's goals and policies. When the property to the west develops, City Staff should condition that that property owner reciprocate the cross-access easement for the subject property to use any drive aisles and access points they may receive approval to construct on their property. Landscaping: The landscape plan prepared by The Land Group, Inc., dated March 15, 2006, labeled Sheet Ll.O and Ll.! is not approved. The following modifications/notes shall be made to the submitted landscape plan and submitted with the CZC application: · UDC Table 11-2B-3 requires a 35-foot wide landscape street buffer along entryway corridors. Meridian Road is designated as an Entryway Corridor. Some of the landscape buffer adjacent to Meridian Road on the submitted landscape plan is 35-feet wide, some of it is less than 3S-feet wide. Staff realizes that ITD may require a deceleration and/or acceleration along Meridian Road, where the right-in/right-out driveway is proposed. However, if the applicant does not believe that they are able to Meridian Gateway Walgreen's (CUP-06-015) - Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6,2006 construct a full 35-foot wide street buffer, located entirely outside of the right-of-way, along the entire length of Meridian Road, then an Alternative Compliance application should be submitted and approved by the Meridian Planning Department. Said application should be submitted concurrent to the CZC application, or before. Installation of the landscaping adjacent to Meridian Road should comply with UDC 11- 3B-7. . UDC Table 11-2B-3 requires a 25-foot wide landscape street buffer, located entirely outside of the right-of-way, along arterial streets. Overland Road is an arterial street. The submitted landscape plan shows a wider-than-required landscape buffer adjacent to Overland Road. Installation of the landscaping adjacent to Overland Road should comply with UDC 11-3B-7. · UDC Table 11-2B-3 requires a 25-foot wide land use buffer between C-G zoned property and residentially zoned property. There are single-family homes directly south of the subject site. In accordance with UDC Table 11-2B-3, a 25-foot wide land use buffer shall be constructed along the southern boundary of this property. NOTE: Staff has discussed this requirement with the applicant. There is a pretty significant elevation change at the south property line of this site - the homes are elevated. Alternative Compliance is an option for the applicant. However, staff recommends that the Commission consider any testimony that may be presented during the subject public hearing on this issue. · UDC 11-3B-8C2 requires a landscape planter to be constructed to break up long rows of parking stalls. A maximum of 12 parking stalls shall be allowed in a row, until a landscape planter is constructed. Landscape planters are also required on the ends of rows to prevent cross-space driving. Said landscape planters shall contain a minimum of 50 square feet of are and be at least 5-feet wide, measured inside curbs. At least one tree and vegetative groundcover should be placed with said landscape planters. Several landscape planters should be added to and modified within the proposed internal parking lot, spaced and landscaped in accordance with UDC 11-3B-8C2. · ApproximateIy two-thirds of the subject site is not proposed for development at this time. Therefore, the area shown for future site development should be maintained free of combustible vegetation (weeds). NOTE: On a similar project, the Commission has required the applicant only developing a portion of the site to install grass on the remaining portion. Staff recommends that the Commission determine if planting the future site development area is appropriate in this instance or not. · A written certificate of completion should 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. Submit a revised landscape plan, with the Certificate ofZornng Compliance application. Parking: The applicant is proposing to construct 116 parking stalls for this use; 30 parking stalls are required by Ordinance. UDC Table 11-3C-1 requires 90-degree parking stalls to be 19-feet long, adjacent to 25-foot wide drive aisles. UDC 11-3C-5B4 allows parking stall dimensions to be reduced by 2 feet in length if 2 feet is added to the width of the sidewalk or landscape area. Compact stalls may be reduced in depth by an additional two feet. UDC 11-3A-17A requires sidewalks to be at least 5-feet wide. All parking should comply with the standards of the UDC. Meridian Gateway Walgreen's (CUP-06-0I5) - Page 7 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 One bicycle parking space shall be provided for every 25 vehicle parking spaces (UDC 11- 3C-6G). Provide a minimum of 5 park bicycle rack on this site. Drive-through Design: Staff is supportive of the proposed drive-through 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: · 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 (l 0 ') 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 submitted with this application complies with the drive-through standards set forth in UDC 11-4-3.11. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-5B-IA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the applicant should be required to obtain a CZC permit and occupancy from the Planning Department. Design Review Standards (UDC 11-3A-19): This project is adjacent to Meridian Road, and Entryway Corridor. UDC 11-3A-19 requires Design Review approval for useslbuildings along Entryway Corridors. The applicant has submitted a Design Review application concUlTently with the CUP application. Staff finds that the subject site should comply with the standards for uses along entryway corridors as follows: 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the fac;ade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) conuces. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. Meridian Gateway Walgreen's (CUP-06-015) ~ Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front far;ade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8 ') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (ISO) parking spaces or two hundred feet (200') away from the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. The building elevations prepared by BRS Architects (Drawing El.O) are approved, as they comply with the Design Review standards contained in UDC 11-3A-l9. Further, BRS Architects has submitted a memo to the Meridian Planning Department, dated April 14, 2006, stating that the proposal meets the Design Review Standards listed above. Staff believes that the subject DR application generally complies with the DR standards and is hereby approved, except for the 8-foot wide pedestrian walkway requirement from the perimeter sidewalk. A continuous internal pedestrian walkway that is a minimum of eight feet in width should be provided from the perimeter sidewalk to the main building entrance (S-feet currently shown). The internal pedestrian walkway should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. b. Staff Recommendation: Staff recommends approval of CUP-06-01S for Meridian Gatewav Walgreen's as presented in the Staff Report for the hearing date of July 6. 2006 based on the Findings of Fact as listed in Exhibit C and subiect to the conditions of approval as listed in Exhibit B. On Julv 6. 2006. the Meridian Planninl! & Zoninl! Commission voted to approve the subiect application. with the conditions in Exhibit B. Meridian Gateway Walgreen's (CUP-06-015) - Page 9 CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 11. EXHIDITS A Drawings 1. CUP Site Plans (Original Site Plan (dated March 15, 2006) and Alternative Site Plan with revised access location) 2. CUP Landscape Plan (dated March 15,2006) 3. Building Elevations (Sheet El.O) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Idaho Transportation Department 8. Central District Health 9. Ada County Highway District C. Required Findings from Zoning Ordinance Meridian Gateway Walgreen's (CUP-06-015) - Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 A. Drawings 1. CUP Site Plan (dated March 15, 2006) ___"01"___....___10...'._. ........ F"."'" . :-,.-'~~-:= _~__J .-- --. -.-.' -!.::'., -"or _. .__....~~ c, +. ~ . ~ " (; i . - '"' 1; ~- !- ,.l/:g;;:: . ~~;.. "~"'.'~I "'''.~'' i '?~~iS~ ~ ilj;p. '<" ~g"'~ ~ ~,,~~ ~ !~ ~~; i ll~~ ~ ~ ~ ~ I ~ jl f ~ ;~ ~.. b ~ . Ilur!~ 1lkl,d J.-\Illll." IfM ,11,jOllir(l.'J ~..,- ""-. j , Exhibit A - Page 1 f"'-.'. ii ~t' ~T-1 ~~ i'I ~l;; ~.. ~i ~~ ~~ ~\:: ~!l-t':L_ P I ': I~II Iii, , I~I i I II J. II . . I j , I : ~ f . ! ~ i . I [ I, I, ; I ': a i I ~ n ~ I III! uiI ~ !! !I Ii !i i~Pf~flli i~ ~~ U ..~ H. ~ .n. r f r m jUj fniu1 [ i j;f 2U! Ili!Jl ! .J Mi{ ~s t ~ .1 Meridian Gateway Center Conditional Use Permit-Site Plan Meridian. Idaho , !II, ~.f lllf 01 I' ZP O~~ . -<\J! ,J ,<-,/ _y ___ Di--:.:h\'0 : ....'(' ~[,\Y' \f"CL~J''c\~.' , \i)itX::~ lLJ ,'~ -1b ~E l.O( f\"\'fD NO LLCSt;lL 1 H,'\'I'.,j 5T C feET 6D\riH c F Q\/f;lt i\NO .On .',,^{'" 'I._V" .), ('(;i.~~ (C~.\';) 1\ t:\....1.>., 1)..., 10.6-,,(" CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 Ji!11 fr1t 10,342 CPO (2004) Overland Rd. 11": "I ( ) L ~ 1a.781 CPD (2004l --=:.::::..::::::::<'-""'-~-~~,....:::::-' - ,'~,.._- ....-,';./ " .-=-F~~~ RII;Q----~ ~::=::: -rl I ' 'i~ ..J .;,~ "0. ;--f" ~ I" ',I .~~ ! 1'11'$ ~ I ~ , - ~ --'\ .~! ~ ~ i I 11 l ! ..~:;~;~;~ I 1].11'.1 ~!I= ~:. IJ I : I U i \' I~: ~ I .!I!l I~,~xn~ , .J .'i-~1lte~\ 11 II ~RI/R 'II ~ ~.TTi, : 1'1... ,:Il?rnate j ~~ I. jl . 1.' Meridian Road ~ ., 'i~ Access i..1 , ~ :i r G\;NtW.' -\V I ei ~{v'\& S~"--~" \ \> ~'0\'~:\'r . ~\'D ~s\ . , , 0.. " "'. '~l , i I r I \ ' l~ ( I I 1 r I ~wp..,.~Ml'~~Q' 1~~oNt, I~L~~ ~~~~'i'W'-'ttDl\:ll:l,irldr-Mt ..~'d""""",,h.""""In"'''' ~Tl'M~~..l\'K fr.~~":;'::::~~ bwWlr:f~,.U't;JIIII+.M.....,.a,.~ Vihlte-L"o~u(e Development Co. 416 South 8th street, Sulte 200 Boise. 10 83701 PhOlle: (208) 345-1842 Meridian I 10 Meridian & Overland Road Exhibit A - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 2. Landscape Plan (dated March 15, 2006) '" .. ... "'... .. o".'''D lll,i Wi ;! I! ""I "Il~ II III 1111(1 ,lll'l~ !I j Hit . ;i; ij'lh !I i 111 i Pi Hf': I '. I' f *~ '! I iii~ j I,~ . ':I III~ .. :l'J~ .,. . J :U.. .P". ~+ ~ s;: Il1Ilfl!lljlll,'1!1H1'iW"I'r'l . l!l,liH1IU ~ Ill/hi I '1m I' , fll III II ~ I 'I,I'lij I filii In I~ I} ~ Ilplll, '; 111,1 11,1 I I 'II II',:;; ! r 11,11' 111)111 I II! II,I i~!1 fi!~IIIIIII)~ I i 11 I I Ii II I llf !!llf 11111 1!li!. 1111 III ! i .f ... ,,~ "~ &ffi1' n ~ I!:lf 'j:1 ~ I ~ ~ l~ . ~ g I _ ,r- ;! ',.=1 i l :m i g 16 ! '" r;s Exhibit A - Page 3 ~ ., ~ ; ;; ill '1l,1 "LA', .,fjtr~ ~ -'l1~~, 't\.~",*. i6r~ 1'1!~W illll'f I: '!:~ I li , ! Ii i; =It i; Ii '~e ~;;: ~~ :Ill 1, ! i !t MERIDIAN GATEWAY CENTER Conditional Use Landscape Plan Merfdlan, Idaho ~!Ifq~sl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR[NG DATE OF JULY 6, 2006 - ~,.,.:-\~..,A".. ,:7:;/ II 1 i I fl" ;"'1'" /1.;,c './~_.= . ":-=-,' '~. i Ii I I." ="'. ;0, I I !: 'I I 1 i ~I. i ~, ./. .... j }~ 'I~; ~" . ':i ~~ : ~! I. I. j' ; } nt~&~'!i:.=.,.,,-1 I I I r-.,;II"_~; ~....... : ~ I. ~ .....---, Ijr~li]! MERIDIAN GATEWAY CENTER Condltlonal Use Landscape Plan Moridlan, Idaho . :.. Exhibit A - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 3. Building Elevations (prepared by BRS Architects, Drawing El.O) il:~~ ii' , I~ I i! !i~" ; :~ f~ lP! Ii; ': ~!~l< il! ~ 1i , Exhibit A - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 B. Conditions of Approval 1. PLANNINCDEPARTMENTS 1.1 The Site Plan labeled as S1.0, prepared by The Land Group, Inc., dated March lS, 2006 is not approved. A revised Site Plan, depicting the conditions listed herein, shall be submitted with the Certificate of Zoning Compliance application for the subj ect retail pharmacy. Comply with all previous requirements of this site associated with AZ-04-031, Development Agreement Instrument #1 OS134293, and V AR-OS-027. All future uses on this site shall be approved through the Conditional Use Permit process. 1.2 The Landscape Plan labeled Ll.O and Ll.l, prepared by The Land Group, Inc., dated March 15, 2006 is not approved as submitted. The following modifications/notes shall be made to the submitted landscape plan and submitted with the CZC application: · UDC Table 11-2B-3 requires a 35-foot wide landscape street buffer along entryway corridors. Unless otherwise approved by the City, construct a full 3S-foot wide street buffer, located entirely outside of the right-of-way, along the entire length of Meridian Road. Installation of the landscaping adjacent to Meridian Road shall comply with UDC 11- 3B-7. The applicant shall be allowed to submit an alternative compliance application to the Planning Department. requesting that the landscape buffer area be reduced adiacent to the deceleration lane on Meridian Road. . UDC Table 11-2B-3 requires a 2S-foot wide landscape street buffer, located entirely outside of the right-of-way along arterial streets. Construct a minimum 2S-foot wide street buffer, located entirely outside of the right-of-way, along the entire length of Overland Road. Installation of the landscaping adjacent to Overland Road shall comply with UDC 11-3B-7. . UDC Table 11-2B-3 requires a 25-foot wide land use buffer between C-G zoned property and residentially zoned property. In accordance with UDC Table 11-2B-3, and unless otherwise approved by the City, construct a 2S-foot wide land use buffer along the southern boundary of this property. The subiect land use buffer shall be constructed when the next CUP/building is constructed on this site. · In accordance with UDC 11-3B-8C2, construct landscape planters to break up rows of parking in excess of 12 in a row. Landscape planters shall also be constructed on the ends of rows to prevent cross-space driving. Said landscape planters shall contain a minimum of 50 square feet and be at least 5-feet wide, measured inside curbs. At least one tree and vegetative groundcover shall be placed with said landscape planters. Landscaping within said planters shall be installed in accordance with UDC 11-3B-8C2. · Approximately two-thirds of the subject site is not proposed for development at this time. The area shown for future site development shall be maintained free of combustible vegetation (weeds) and other nuisances (signs, junk cars, etc.). · 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. Submit a revised landscape plan, with the Certificate of Zoning Compliance application. 1.3 Provide a minimum of a S-bike rack on this site. 104 Construct a 10-foot wide multi-use pathway along Highway 69, located outside of the right-of- way, with a public use easement. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 1.S Construct one right-in/right-out only driveway to Meridian Road/SH-69, if permitted by lTD. Said driveway shall be located no closer than SOO-feet south of the centerline of Overland Road, and shall directly continue/stub to the undeveloped parcel to the west. Construct two driveways to Overland Road, as approved by ACHD. Provide a copy of a recorded cross-access, ingress/egress easement for the property to the west to use the westernmost driveway to Overland Road for access. Construct all driveways int%ut of this site as allowed by ACHD, ITD and V AR-05-027. 1.6 The subject drive-through design is approved as proposed, as it complies with the standards set forth in UDC 11-4-3.11. Submit a letter from the Transportation Authority (ACHD) indicating the site plan is in compliance with the authority's standards and policies. 1.7 To ensure that all of the conditions of approval for CUP-06-015 and the existing Development Agreement in effect for this site 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 of the pharmacy. All existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the Conditions of ACHD and lTD. 1.8 The building elevations prepared by BRS Architects (Sheet El.O) are approved, as they generally comply with the Design Review standards contained in UDC 11-3A-19. 1.9 A continuous internal pedestrian walkway that is a minimum of eight feet in width should be provided from the perimeter sidewalk to the main building entrance (S-feet currently shown). The internal pedestrian walkway should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. 1.10 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. 1.11 No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.12 The applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via service lines from existing mains next to this property. If the need arises to install sewer mains, the applicant shall be responsible to 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. 2.2 Water service to this site is being proposed via extension of mains W. Overland Road. The applicant shall be responsible to install aU water mains necessary to serve this development, coordinate main size and routing with Public Works. 2.3 The applicant shall coordinate fire hydrant placement with the Public Works Department during plan review. 2.4 During plan review a looped system may be required to achieve adequate fire flows. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 2.5 The applicant has indicated that City Water will be the main source for the irrigation system in this development. Prior to plan approval the applicant shall submit evidence that they have no existing water rights from an irrigation district. If they do have existing ilTigation rights the applicant shall be required to install a pressure irrigation system using the available surface water. If they do not have existing water rights and City Water is used as the main source the applicant shall be responsible for the payment of Well Development Fees prior to occupancy. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDe ll-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 There shall be a lO-foot separation between all water mains and the high water mark of any drainage swale. 2.8 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 2.9 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. 2.10 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 final plat. 2.11 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. 2.12 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. 2.14 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 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' 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 permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 radius. 304 All driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.5 For all Fire Lanes, provide signage <<No Parking Fire Lane". 3.6 Building setbacks shall be per the International Building Code for one and two story construction. 3.7 Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure if the compactor is not used. 3.10 Provide a Knox box entry system for the complex prior to occupancy. 3.11 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.12 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.13 All portions ofthe buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.14 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.15 There shall be a fire hydrant within 100' of all Fire Department connections. 4. POLICE DEPARTMENT 4.1 The south fayade shall be modified to include windows that look onto the loading areas. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to the application. 6. SANITARY SERVICES COMPANY 6.1 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. IDAHO TRANSPORTATION DEPARTMENT 7.1 An access application (Permit Number 3-06-083) has been submitted to ITD for the subject development. The permit application has not been approved at this time. ITD is currently waiting for information from the City of Meridian regarding this development. 8. NAMPA & MERIDIAN IRRIGATION DISTRICT 8.1 If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District an no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 for review, prior to final platting. Please contact DOlUla Moore at 466-7861 for further information. 8.2 All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 8.3 The developer must comply with Idaho Code 31-3805. 8.4 It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 9. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS 1. Dedicate 65-feet of right-of-way (tapering to 63.5-feet of right-of-way at the west property line, see intersection design plans) from the centerline of Overland Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs ftrst. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested materiaL The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (culTently Ordinance #200), iffunds are available. This right-of-way dedication should facilitate the necessary improvements noted in the Five Year Work Program and Capital hnprovements Plan; however, the applicant should consult with District Staff regarding the construction, design, and timeframes of the aforementioned projects. 2. Construct a 5-foot detached concrete sidewalk abutting the site on Overland Road OR provide the District with a road trust for the approximate cost of the sidewalk $9,000 ($20 a lineal foot, 450- feet). Ifthe applicant chooses to construct the detached concrete sidewalk, they shall coordinate with District Development Review and Design staff on the location of the sidewalk. 3. Locate the first proposed driveway on Overland Road located approximately 260-feet west of the intersection with SH 69. This driveway shall be constructed as a maximum 36-foot wide curb return driveway with I5-foot radii. This driveway is restricted to right-in/right-out movements only. The applicant should locate the island for this approach outside ofthe public right-of-way, in compliance with Meridian City and Meridian Fire Dept. requirements. Appropriate signage will be required indicating the right-inlright-out restriction for this access. 4. Locate the second proposed driveway on Overland Road at the west property line. This access should be constructed as a maximum 36-foot wide curb return driveway with I5-foot radii. This driveway may be utilized for full access; however it may be restricted to right-inlright-out only in the future. 5. Consult with District Staff regarding construction timelines and right-of-way purchase due to the fact that the site's development will likely occur during or near the time of improvement for Overland and Meridian Roads. 6. Comply with requirements ofITD for State Highway 44 frontage and access. Submit to the District a letter from rrD regarding said requirements prior to District approval of the final plat or Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 7. Comply with all Standard Conditions of ApprovaL Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 C. 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 use 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 should rely on Staffs 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 Plan designation for tins property is "Commercial." The proposed use is generally harmonious with the requirements of the UDC (see Section 8 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. The Commission finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of a pharmacy with a drive-through 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 should rely 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 iITigation 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, ITD and ACHD. Based on comments from other agencies and departments, the Commission Exhibit C ClTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 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 a pharmacy with a drive-through use 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 envirorunental problems associated with this use. 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 C