HomeMy WebLinkAboutGrandview Marketplace Retail No. 1 CUP-06-023
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FINDINGS OF FACT, CONCLUSIONS OF IlHl-IO ~
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DECISION & ORDER "-tl\'..1~.l:'~,_~,,:!!,Y~'~~' ':f;l
In the matter of a Conditional Use Permit Request for a 14,315 square foot retail building
with a drive-through window in the C-G Zone, by W.H. Moore, Co.
Case No. CUP-06-023
For the Planning & Zoning Commission Hearing Date of: August 17, 2006 (Findings
approved on 8-31-06)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 17, 2006,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 17, 2006,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
17,2006, incorporated by reference)
4. Required Findings per the Vnified Development Code (see attached Staff Report for the
hearing date of August 17,2006, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land V se
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67-6503).
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 g
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO, CUP-06-02l- PAGE I of 4
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
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 August 17, 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 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 CUP Site Plan and Landscape Plan, dated June 8, 2006, and Elevations,
also dated June 8, 2006, are hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of August 17, 2006, incorporated by reference.
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
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. CUP-06-02l- PAGE 2 of 4
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 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 of the City of
Meridian, pursuant to Idaho Code S 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.
F. Attached: Staff Report for the hearing date of August 17,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. CUP-06-02l ~ PAGE 3 of 4
By action of the Planning & Zoning Commission at its regular meeting held on the 3\9-'
day of fJd 'ys- ,2006.
COMMISSIONER MICHAEL ROHM
(Chair)
VOTED A'v:n'Jd--
COMMISSIONER DAVID MOE
VOTED~ fl...
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTEDJfA--
COMMISSIONER KEITH BORUP
VOTED\1Q~
COMMISSIONER DAVID ZAREMBA
Cl~>
VOTED ~enJ
OQv\d Hoe -V( te C-h.(l\v--
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Attest: ,'\'\~~\ Of M~:'>"/,.
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Tara Green, Deputy City Cle;1<: ,';~.f;dL~
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Copy served upon Applicant, Tiie~~ e~~eht, Public Works Department and City
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Attorney.
By: S'0a) 6l1SvU-ftl
City Clerk
Dated: {P( - {J 5' -Otp
CITY OF MERIDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. CUP-06-02l- PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
STAFF REPORT
TO:
FROM:
SUBJECT:
Hearing Date: 8/17/2006
Planning & Zoning Commission
Amanda Hess, Associate Planner
Grandview Marketplace (Retail Building No.1)
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. CUP-06-023
Conditional Use Permit for a 14,315 square foot retail building and drive-
through window, by W. H. Moore Co.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, W. H. Moore Co., has applied for Conditional Use Permit approval for a retail building and
drive-through window. The proposed building will be located approximately 600 feet northwest of the
Eagle Road / Overland Road intersection on portions of Lots 4 & 5, 7-9, and 14-16, Block 1, of the
Dorado Subdivision, Section 17, Township 3 North, Range I East, B.M.
The subject property is currently zoned C-G (General Retail and Service Commercial District).
Restaurants, retail stores, and drive-through windows are principally permitted uses within the C-G zone.
However, the Development Agreement in effect for the Dorado Subdivision requires all future building
on Lots 1, 2, 3, 15, and 16 to obtain Conditional Use Permit (CUP) approval prior to submittal of a
Certificate of Zoning Compliance application.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the ~equested CUP application below. Staff recommends
approval of CUP-06-023 for Grandview Marketplace Retail Buildin!! No. 1 as presented in the Staff
Report for the hearin!! date of Au!!ust 17. 2006. sublect to the conditions listed in Exhibit B.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-
06-023 as presented during the hearing of August 17, 2006, with the following modifications to
the conditions of approval: (add any proposed modifications). I further move to direct staff to
prepare an appropriate findings document to be considered at the next Planning and Zoning
Commission hearing on August 31, 2006.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-06-
023 as presented during the hearing of August 17, 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 [mdings document to be considered at the next
Planning and Commission hearing on August 31, 2006.
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number CUP-
06-023 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:
Grandview Marketplace Retail Building No.1 (CUP-06-023) - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
Portion of Lots 4 & 5, 7-9, and 14-16, Block 1, Dorado Subdivision
Section 17, T3N RlE
b. Owner / Applicant:
W. H. Moore
1940 S. Bonito Way, Suite 160
Meridian, ill 83642
c. Representative: Jonathan Seel, Larson Architects
d. Present Zoning: C-G
e. Comprehensive Plan Land Use Designation: Commercial
f. Description of Applicant's Request: The applicant is requesting Conditional Use Permit
approval for a 14,315 square foot retail building with a drive~through.
1. Date of Site Plan (See Exhibit A): June 8, 2006
2. Date of Landscape Plan (See Exhibit A): June 8, 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 ll-5B-6, a
public hearing is required before the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: July 31 S\ 2006; August 14th, 2006
c. Radius notices mailed to properties within 300 feet on: July 21 S\ 2006
d. Applicant posted notice on site by: August 7th, 2006
6. LAND USE
a. Existing Land Use(s): Vacant
b. Description of Character of Surrounding Area: Single family residential; highway-oriented
services including a hotel and chain restaurants
c. Adjacent Land Use and Zoning:
1. North: Marriott Courtyard, Dorado Subdivision, zoned C-G
2. West: Overland Way Subdivision, zoned R-I (Ada County)
3. South: Bonito Subdivision / El Dorado Business Campus, zoned C-C
4. East: Future Taco Bell Restaurant, Dorado Subdivision, zoned C-G
d. History of Previous Actions: In 2005, the City of Meridian approved the annexation and
zoning of 10.9 acres to C-G (General Retail and Service Commercial for the Dorado
Subdivision (AZ-05-019). Preliminary Plat (PP-05-024) and Conditional Use (CUP-05~03I)
approval for a Planned Development was granted in 2005. The PP and CU application
proposed 16 commercial lots. The Final Plat (FP-05-057) was also approved in 2005. The
subject site, part of Lots 4-5, 7-9, and 14-16, is therefore subject to the conditions of fmal plat
approval and the development agreement for the Dorado Subdivision.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: Services installed with Dorado Subdivision.
Grandview Marketplace Retail Building No.1 (CUP-06-023) - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
Location of water: Services installed with Dorado Subdivision.
Issues or concerns: None
2. Vegetation: N/A
3. Floodplain: Lots 10-15, Block 1, Dorado Subdivision - 100-year floodplain
4. Canals/Ditches Irrigation: N/ A
5. Hazards: N/A
6. Size of Property: 84,315 sq. ft. (1.94 acres)
7. Description of Use: Proposed 14,820 square foot retail building with a drive-through
f. Landscaping:
1. Width of street buffer( s): N/ A
2. Width of buffers between land uses: The Dorado Subdivision is a Planned
Development. The subj ect application proposes at least 5' of landscaping along the
western property boundary, in addition to the 5' approved via the Final Plat process
(FP-05-057) for the Dorado Subdivision.
3. Percentage oflandscaped area: 15% (12,751 sq. ft.)
4. Other landscaping standards: MCC 12-13.11 requires landscaping within and around
parking lots. The landscaping standards for parking lots will be applied prior to
issuance of a Certificate of Zoning Compliance pennit (see Exhibit B, Conditions of
Approval).
g. Conditional Use Information:
The Development Agreement in effect for the Dorado Subdivision requires all future building
on Lots 1,2,3, 15, and 16 to obtain Conditional UsePennit (CUP) approval prior to submittal
of a Certificate of Zoning Compliance application.
Procurement of a CUP is also required where a drive.through facility is located within 300' of
another drive-through, residential district, or an existing residence. The subject site abuts
several residential properties to the west that are currently zoned R-I, Ada County.
Additionally, a Taco Bell was recently issued a Certificate of Zoning Compliance for
construction of a restaurant and drive-through on Lot 7, Block 1, Dorado Subdivision, located
not 100 feet from the proposed building.
h. Off-Street Parking (Non-residential Uses):
1. Parking spaces required: UDC 1I-3C-6B establishes minimum parking standard for
nonresidential uses. Within commercial districts, spaces shall be provided at one per
500 square feet of gross floor area.
2. Parking spaces proposed: 110
3. Compact spaces proposed: 0
4. Off-site parking proposed: N/ A
5. Percentage of interior parking as landscaping: Prior to issuance of a Certificate of
Zoning Compliance, staff will ensure that the proposed parking lot is improved with
landscaping according to UDC requirements (see Exhibit B, Conditions of Approval).
f. Summary of Proposed Streets and / or Access:
Grandview Marketplace Retail Building No. 1 (CUP-06-023) - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
Access to the site will be from a right-in, right-out only access from I to Overland Road. In
addition, a right-in only access from Eagle Road has also been approved. Eagle Road, south of
Iw84, and Overland Road are under the jurisdiction of the Ada County Highway District
(ACHD). ACHD has indicated approval of accesses at these locations. Additionally, a note on
the Final Plat (Book 95, Page 11647) establishes a perpetual vehicular cross access easement
that is dedicated to all lots within the Dorado Subdivision.
7. AGENCY COMMENTS
On July 28, 2006, a joint 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 "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 fmds 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)
Grandview Marketplace Retail Building No. I (CUP-06-023) - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
Staff is conditioning approval of the subject CUP upon the applicant installing and
maintaining landscaping on this site. Refer to the CUP Analysis, Section 10, for more
information on landscaping at this site.
. "Require appropriate landscape and buffers along transportation corridors (setback, vegetation,
low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4)
A 25-foot wide landscape buffer is typically required between C-G zoned properties and
residentially zoned properties. However, the Dorado Subdivision, a planned development, was
approved/or 5' of landscaping along the western property boundary. The applicant proposes
5' of landscape buffer in addition to that approved via the Final Plat process (FP-05-057).
. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal I, Objective B)
Staff believes that the proposal will contribute to the variety of uses in this area.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC 11-2B-2 lists drive-through windows as Pennitted /
Conditional Uses in the C-G zone. However, the applicant is required to obtain CUP approval,
as the recorded Development Agreement for this subdivision requires it.
b. Purpose Statement of Zone: The purpose of the purpose of the C-G district is to provide for
commercial uses which are customarily operated 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.
10. ANALYSIS
a. Analvsis of Facts Leadinl! to Staff Recommendation: Staff is generally supportive of the
proposed site design as presented in the CUP site plan, labeled as Sheet SP-l and dated June 8,
2006, and the landscaping as proposed, with the following comments:
Existinl! Development Al!feement: The Development Agreement (DA) in effect for this
property, Recorder's Instrument #105127512, requires future uses on Lots 1,2,3, 15, and 16
to be approved through the Conditional Use Pennit process. In accordance with the DA, the
applicant has submitted a CUP for the proposed construction to also include a drive-through
window.
Access: There are three access points to Dorado Subdivision, all approved by ACHD. The
first is a right-in, right-out driveway from / to Overland Road, located approximately 260~feet
west of Eagle Road. The second is a full access driveway to Overland Road at the west
property line. The third, a right-in only access from Eagle Road. North bound turning is not
allowed from the development onto Eagle Road. A perpetual vehicular cross access easement
is dedicated to all lots within the Dorado Subdivision.
Landscapinl!: The applicant has proposed approximately 12,751 square feet of landscaped
open space including, but not limited to the landscape buffer between the residential and
commercial districts. The subject application proposes at least 5' of landscaping along the
western property boundary, in addition to the 5' approved via the Final Plat process (FP-05-
057) for the Dorado Subdivision. The applicant has provided landscape planter islands within
Grandview Marketplace Retail Building No. I (CUP-06-023) - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
the parking lot which meet the requirements of the Unified Development Code. An amenity in
the form of an outdoor seating area, with covered gazebo will be provided in the northwest
comer of the subject site.
Parkin!!: The applicant is proposing to construct 98 parking stalls. Only 29 parking stalls are
required by Ordinance. UDC Table 11-3C-l requires 90-degree parking stalls to be 19-feet
long, adjacent to 25-foot wide drive aisles. UDC 11-3C-5B-4 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. Additionally, one bicycle parking space shall be provided for every 25 vehicle
parking spaces (UDC lI-3C-6G). Provide a minimum of a 3-park bicycle rack on site to be
located near the main entrance.
Drive- Throul!h Desil!ll: Staff is generally supportive of the proposed drive-through
configuration. UDC 11 A- 3 -11 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 (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.
The Meridian Fire and Police Departments have concerns regarding the flow of the traffic to
the north of the proposed drive-through. The proximity of the stacking lane barrier with the
nearest trash enclosure inhibits safe, two-way vehicular circulation. Staff is recommending
that the drive aisle to the east of the trash enclosure be restricted to one-way only, traffic flow
be directed to the west, and signed appropriately as such. Staff will work with the applicant to
arrive at a suitable design.
Certificate of Zonin!! 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 ofthe conditions of approval
listed in Exhibit B are complied with, the applicant will be required to obtain a CZC from the
PlaIUling Department prior to receiving occupancy.
b. Staff Recommendation: Staff recommends approval of CUP-06-023 for the Grandview
Retail Building No.1 as presented during the hearing of August 17, 2006, based on the
Findings of Fact listed in Exhibit C, and subject to the conditions of approval listed in
Exhibit B.
Grandview Marketplace Retail Building No. I (CUP-06-023) - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
11. EXHffiITS
A. Drawings
1. Vicinity Map
2. Dorado Subdivision Retail Use Plan
3. Dorado Subdivision Landscape Plan (Dated August 17,2005)
4. Grandview Retail No.1 Site Plan (Dated June 8, 2006)
5. Grandview Retail No.1 Landscape Plan (Dated June 8, 2006)
6. Building Elevations (Dated June 8, 2006)
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. Ada County Highway District
C. Required Findings of Fact
Grandview Marketplace Retail Building No, I (CUP-06-023) - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF AUGUST 17,2006
A. Drawings
1. Vicinity Map
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
2. Dorado Subdivision Approved Landscape Plan
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3. Dorado Subdivision Retail Use Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
4. Grandview Retail No. 1 Site Plan (Dated June 8, 2006)
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
5. Grandview Retail No.1 Landscape Plan (Dated June 8, 2006)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
6. Building Elevations (Dated June 8, 2006)
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Exhibit A
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENTS
1.1 The Site Plan, labeled Sheet SP-l, prepared by Larson Architects, Inc., and dated J\Ule 8, 2006, is
approved subject to the conditions listed herein. A revised site plan shall be submitted with the
Certificate of Zoning Compliance application for the subject retail use and accompanying drive-
through. The applicant shall comply with all previous requirements of this site associated with
AZ.05-0l9, PP-05-024, CUP-05-03l, and FP-05-057, as well as the Development Agreement in
effect for the Dorado Subdivision.
1.2 The Landscape Plan, labeled Sheet Ll.O, prepared by The Land Group, Inc., and dated J\Ule 8,
2006, is approved as submitted. 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 ll-3B-14.
1.3 Two-way traffic shall be limited to the parking area only. "Do Not Enter" signs shall be installed
to face west at the rear of the dumpster enclosure as well as the landscape planter. The drive aisle
to the east of the trash enclosure shall be restricted to one-way only and also signed appropriately
as such.
1.4 Provide a minimum of a 3-bicycle parking rack on site to be located near the main entrance.
1.5 Although not subject to Design Review, the south and east facing elevations, labeled Sheet A-2,
prepared by Larson Architects and dated June 8, 2006, generally comply with the Architectural
Character Standards as outlined in UDC Il.3A-19.
1.6 Sidewalks/walkways shall be installed around the perimeter of the proposed structure according
to UDC 11-3A-17.
1.7 The applicant shall comply with the outdoor lighting standards shown in UDC 11- 3A-ll.
1.8 To ensure that the conditions of approval for CUP-06-023 and the terms of the existing
Development Agreement in effect for the Dorado Subdivision are complied with, the applicant
shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning
Department prior to construction of the building shell.
1.9 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 ofthe
required improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
1.10 No signs are approved with this CUP application. All business signs require a separate sign
pennit in compliance with the sign ordinance
1.11 Staff's failure to cite specific ordinance provisions or terms of Dorado's approved final plat /
Conditional Use does not relieve the applicant of responsibility for compliance.
1.12 The applicant shall have a maximum of 18 months to commence the use as pennitted in accord
with the conditions of approval listed above.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer and water service to this development is being proposed via existing stubs to the
property. The applicant shall install any mains necessary to provide service; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
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 The applicant shall coordinate fire hydrant placement with the Public Works Department during
plan review.
2.3 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). Submit an executed easement (supplied by
Public Works), a legal description, which must include the area of the easement (marked
EXHffiIT A) and an 8112" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
2.4 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive
final approval prior to occupancy. Other required development improvements such as fencing,
micro-paths, and landscaping may be bonded for prior to obtaining certificates of occupancy.
2.5 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process.
2.6 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.
2.7 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.8 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Anny Corps of Engineers.
2.9 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.
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 IFe Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet ofthe proj ect.
3.3 All internal roads and alleys shall have a turning radius of28' inside and 48' outside radius.
3.4 All driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall
have a clear driving surface which is 24' wide.
3.5 For all Fire Lanes, provide signage "No Parking Fire Lane."
3.6 Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
3.7 Operational ftre hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site
3.8 Commercial and offtce 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.
3.9 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.
3.10 Provide a Knox box entry system for the complex prior to occupancy.
3.11 The applicant shall work with the Planning Department staff to provide address identifters at a
minimum of two entrance locations to the Dorado Subdivision. The applicant shall also construct
signs which meet the requirements of the City of Meridian sign ordinance.
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 of the 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 a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site ftre hydrants
and mains shall be provided where required by the code offtciaL For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
3.15 There shall be a ftre hydrant within 100' of all Fire Department connections.
4. POLICE DEPARTMENT
4.1 The trash enclosure located near the drive-through stacking lane creates a traffic hazard. Prior to
the next public hearing, the applicant shall meet with the Police Chief to discuss methods of
increasing visibility to the facility in an around said location.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns with the site design as submitted with the application.
6. SANITARY SERVICES
6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) trash enclosure plans along with your certificate of zoning compliance
application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Utilize an existing 35-foot wide curb return type driveway that functions as a full access driveway
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
and intersects Overland Road approximately 365 feet east of Bonito Way, as proposed.
7.1.2 Construct a 24-foot wide curb return-type driveway that functions as a right-in / right-out driveway
ONLY and intersects Overland Road approximately 235 feet west of Eagle Road.
7.1.3 Construct a five-foot wide detached concrete sidewalk on Eagle Road abutting the portion of the site
that was not improved as a part of the intersection project (approximately 320 feet). Construct the
sidewalk a minimum of 50 feet from the centerline of Eagle Road.
7.1.4 Construct a 20-foot wide right-in ONLY driveway that intersects Eagle Road approximately 230 feet
north of the curb line for Overland Road and construct a 15-foot wide (390 feet long) deceleration
lane on Eagle Road to accommodate the right-in driveway ONLY. Coordinate the details with
District staff in regard to the design and construction of the driveway and deceleration lane on Eagle
Road. Construct a 6-inch raided median in Eagle Road to restrict the driveway to provide a right-in
movement ONLY.
7.1.5 Other than the access points that have specifically been approved with this application, direct lot
access to Overland Road and Eagle Road is prohibited. Place a note on the final plat that states this
access restriction.
7.1.6 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDlTIONS OF APPROVAL
7.2.1 Any existing irrigation facilities shall be relocated outside of the right.of-way.
7.2.2 All utility relation costs associates with improving street frontages abutting the site shall be borne by
the developer.
7.2.3 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.4 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.5 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.6 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.7 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.8 Payment of applicable road impact fees is required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.2.9 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.10 No change in the terms and conditions of this approval shall be valid unless they are in writing
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.11 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
C. Required Findings from Zoning Ordinance
1. Conditional Use Permit Findings:
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
a. 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 drive-through window on this site can accommodate and meet all
dimensional and development regulations of this District. The Commission should rely on Staff s
analysis, and any oral or written public testimony provided when determining if this site is large
enough to accommodate the proposed use. The Commission finds that the subject property is large
enough to accommodate the required setbacks, parking, landscaping, and other features required by
Ordinance.
b. 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 this property is
"Commercial" and 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.)
c. 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 retail/restaurant with a drive-through
should be compatible with other uses in the general neighborhood and with the existing and
intended character of the area.
d. 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 should rely upon any public testimony provided to determine if the development
will adversely affect the 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.
e. 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, ITD 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.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
f. 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.
g. 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 retail !
restaurant with a drive-through use in this location; however, staff 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 ofthe area.
h. 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 use 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 C