HomeMy WebLinkAboutCentre Pointe Retail #1 CUP-06-025
l:.lE"';; 'I~"i 'f\ :,- ,.'
.,l t .~.~j ~:"..... ~ .1. ".: .,~ ~./ ~ .i,,(, {, _.;.i
AUG 2 5 2006
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
-~:"'--- _ LAW AND
'~"-_________~~N & ORDER
------~""""""-. ---~~~-
In the Matter of a Conditional Use PermifRequest for a 23,335 square foot retail building
in the C.G Zone, by W.H. Moore, Co. '-
Case-N{)~- CUP.06.025
~;:~ the Planning & Zoning Commission Hearing Date of: August 17, 2006 (Findings
_____ approved on 8.3i.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 Unified 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 Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02~382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. CUP-06-025 - PAGE 1 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
an.)caffected 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 ~ 11 ~5A and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's CUP Site Plan dated July 10, 2006, Landscape Plan, dated June 5,
2006, and Elevations, dated July 2006, is/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-06-025 - 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 ~ 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-06-025 - PAGE 3 of 4
By actiop of the Planning & Zoning Commission at its regular meeting held on the ~ \ '&
day of I\u ~lJ.S-\- , 2006.
COMMISSIONER MICHAEL ROHM
( Chair)
VOTED l\'os'!.v\--t-
COMMISSIONER DA VID MOE
VOTED ~
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED~
COMMISSIONER KEITH BORUP
VOTED ~~
VOTED ~bSV'\.l.-
,'QC rh0.-.lr
\ \\ \ \ \ \ \ II j I j i j I ii, I I
Attest: ,,\\\'--( (ji- ME~/<,/
//or~~;J~\~
Tara Green, Depnty City cll -. AL 1
% ~ ,rf'1_f
~/.,,~ ,~,. 15:;_.._/ .jJ",~
Copy served upon Applicant, Tll6'-P;}f~,J1ep~~nt, Public Works Department and City
111;,.",. ",\,,\.'1'
Attorney.
By:
City Clerk
Sh OJ( nl g..1k~
Dated:
q-05-o~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. CUP-06-025 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
. -~ ~_..---:-------~
Hearing Date: 8/17/2006
Planning & Zoning Commission
Justin Lucas
Associate City Planner
208-884-5533
,i
~;;di~ "\
J()AHO
STAFF REPORT
TO:
FROM:
SUBJECT:
.. '_~ Pointe Reta~~ #1
. CUP--=06-=025-- ~- _
Conditional Use Pennit for a 23;3-35_sqJ.!ar~ foot retail building with a drive-
through on 1.76 Acres in the C-G District, by W.H. Moore Company.
---'~
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, W.H. Moore Company, is requesting Conditional Use Permit (CUP) approval to construct
~~"'_ a..-~~1_ts9!:!are foot retail building with one drive-through. The proposed retail building is located on
~----- 1.76 acres within--the-Centre Pointe Subdivision (pP-06-020, FP-06-035). The site is located on the north-
west corner of the intersection of Ustick and Eagle Roads. The property is currently zoned C-G (General
Retail and Service Commercial). In general, a Conditional Use Pennit would not be required for this
project due to the fact that retail uses are principally permitted in the C-G district. That being said the
development agreement adopted at the time this property was annexed (Blue Marlin Annexation - AZ-03-
025) specifically states that a site specific Conditional Use Permit must be applied for and received before
any part of the property is developed.
2. SUMMARY RECOMMENDATION
Below, staff has provided detailed analysis and recommended conditions of approval for the requested
Conditional Use Permit application. Staff recommends approval of the subiect application, CUP-06-025,
with the conditions contained in Exhibit B.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-
06-025 as presented in the staff report for the hearing date of August 17, 2006, and the site plan
labeled SP-l, dated July 10,2006 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 Commission hearing on August 31, 2006.
Denial
After considering all staff, applicant and public testimony, I move deny File Number CUP-06-
025 as presented in the staff report for the hearing date of August 17, 2006, for the following
reasons: (you must state specific reasons for denial.) I further move to direct staff to prepare an
appropriate findings 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-
06-025 to the hearing date of (insert continued hearing date here) for the following reason(s):
(you should state specific reason(s) for continuance.)
Centre Pointe Retail #1 CUP-06-025
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3445 N. Eagle Road/north west corner of the intersection of Eagle Road and U stick Road.
Section 32, T4N RIB
b. Owner:
WH Moore Company
1940 Bonito #160
Meridian, ill 83642
c. Applicant:
Same as Owner
d. Representative: Jonathan Seal
e. Present Zoning: C-G
f. Present Comprehensive Plan Designation: Mixed Use Regional
g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit
(CUP) approval to construct a 23,335 square foot commercial building with a drive-through
facility. The proposed building is located on Lot 1, Block 2, Centre Pointe Subdivision. The
applicant is proposing to provide 71 parking spaces on this site.
I. Date of CUP site plan (attached in Exhibit A): July 10, 2006
2. Date of Landscape plan (attached in Exhibit A): June 5, 2006
3. Date of Building Elevations (attached in Exhibit A): May 31, 2006
h. Applicant's Statement/Justification: The retail building #1 project consists of a 23,335 s.t.
retail building and proposed drive-through window. It will be a single story, brick, painted, and
textured concrete tilt-up and stucco structure with a low sloped single membrane roofing behind
the parapets. The HV AC units will be roof mounted and screened by the roof parapets. We hope
the Planning and Zoning Commission and city staff will approve this project. (Please see
applicant's submittal letter.)
5. PROCESS FACTS
a. The subject application will in fact constitute a conditional use as required by the development
agreement for this site. By reason of the provisions of UDC 11-5B-6, a public hearing is
required before the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: July 31't and August 14th, 2006
c. Radius notices mailed to properties within 300 feet on: July 21 st, 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: This area is rapidly transitioning into a
commercial area. There are various other commercial uses that are being proposed to the east
and west of the subject site.
c. Adjacent Land Use and Zoning
Centre Pointe Retail #1 CUP-06-025
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
1. North: Future Commercial, zoned C-G
2. East: Future Commercial, zoned C-G
3. South: Future Kohl's Department Store, zoned C-G
4. West: Future Commercial, zoned C-G
d. History of Previous Actions: This site was originally annexed into the city in the Blue
Marlin Annexation (AZ-03-025). This annexation included a development agreement that
specifically required all future developments to receive a CUP before any construction. Later
the site received preliminary plat approval in the Centre Pointe Subdivision (PP-06-020). The
Final Plat for this site has been submitted and is currently being processed by staff. The
applicants have made every effort to comply with the development agreement for this site and
all other conditions of approval that were included in the Preliminary Plat.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Sewer mains were installed with the Center Pointe
Subdivision.
Location of water: Water mains were installed with the Center Pointe
Subdivision.
Issues or concerns: None.
2. Vegetation: N/A
3. Flood plain: Nt A
4. CanalslDitches Irrigation: Nt A
5. Hazards: NtA
6. Existing Zoning: C-G
7. Size of Property: 1.76 acres
f. Conditional Use Information:
1. Non-residential square footage: 23,335 square foot building
2. Proposed building height: 23 feet
3. Number of Residential units: 0
g. Off-Street Parking:
1. Parking spaces required: 47
2. Parking spaces proposed: 71
3. Compact spaces proposed: 0
h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to this specific building is mainly from internal drive aisles that connect to previously
approved (Centre Pointe Subdivision) access points to Eagle Road and Ustick Road. Along
with these access points the approved Centre Pointe preliminary plat also includes a new
public street, North Centre Pointe Way, which will run parallel to Eagle Road to the north of
the proposed building. Staff is generally supportive of the access points and parking lot design.
The applicant appears to be in compliance with the conditions set forth in the approved
preliminary plat.
Centre Pointe Retail #1 CUP-06-025
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
7. COMMENTS MEETING
On July 28, 2006 Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use Regional" on the Comprehensive Plan Future Land Use Map.
The "Mixed Use Regional" designation provides for a wide range of retail uses including drive-through
facilities. 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 I)
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 Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the 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). 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 as a result of the subject annexation.
Municipal, fee-supported, services will be provided 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)
The applicant is proposing to install internal landscaping. Please see the CUP Analysis in
Section 10 below for more information on landscaping this site.
. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
Vll, Goal 1, Objective B)
Staff believes that the proposed uses do contribute to the variety of uses in this area.
Centre Pointe Retail #1 CUP-06-025
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
Staff believes that the proposed retail building is consistent with the Comprehensive Plan and the
previously approved applications for this site. Staff recommends that the Commission rely on any verbal
or written testimony that may be provided at the public hearing when detennining if the applicant's
request is appropriate for this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2lists the permitted, accessory,
and conditional uses in the C-G zoning district. Retail stores are a principally pennitted use in
the C-G zone. Drive-through establishments are allowed as an accessory use in the C-G zone.
The existing Development Agreement for this site requires all new development to receive a
CUP.
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. General Standards: No dimensional modifications are being requested for the proposed
development; full compliance with the UDC is required. This site/building is subject to design
review. Analysis of the design standards for buildings located in designated design review
areas are provided in Section 10 below.
d. Conditional Uses: In approving any conditional use, the decision-making body may prescribe
appropriate conditions, bonds and safeguards in conformity with this Title that: minimize
adverse impact of the use on other property, control the sequence and timing of the use,
control the duration of the use, assure that the use and the property in which the use is located
is maintained properly, designate the exact location and nature of the use and the property
development, require the provision for on-site or off.site public facilities or services, required
more restrictive standards than those generally required in this Title, and require mitigation of
adverse impacts of the proposed development upon service delivery by any political
subdivision, including school districts, that provides services within the City (UDC 11-5B-
6D).
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
Drive-Through: After extensive review and revisions staff is generally supportive of the drive-
through design as proposed. To make the design function the landscape island at the exit of the
drive through should be planted with only low shrubs or vegetation that will not block the view of
automobiles exiting the drive-though. A stop sign should also be placed at the exit of the drive-
through to maintain safety and good circulation.
Parking: The applicant is proposing to construct 70 parking stalls for this use; 47 parking stalls
are required by Ordinance. The applicant is proposing to construct all of the parking stalls as 19-
feet long and nine feet wide. These dimensions are consistent with UDC Table 11-3C-l which
describes minimum parking stall dimensions required adjacent to 25-foot wide drive aisles.
One bicycle parking space shall be provided for every 25 vehicle parking spaces (UDC 11-3C-
6G). Provide a minimum 3-bicycle rack on this site. . The bicycle rack should be located on the
sidewalk near the front of the building in a safe place out the main pedestrian corridor. See
Exhibit B.
Centre Pointe Retail #\ CUP-06-025
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
Landscaoing: The landscape plan prepared by The Land Group, Inc., on 6-5-06, labeled Sheet
L 1.0 is approved with the following modifications/notes:
. A written certificate of completion shall be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape plan
and submitted prior to occupancy of the building. All standards of installation
shall apply as listed in UDC 11-3B-14.
Submit a landscape plan, reflecting the changes/notes mentioned above, with the
Certificate of Zoning Compliance application.
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-l A). 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): Staff finds that the subject site complies with the
standards for uses along entryway corridors as follows:
1. Architectural Character:
a. Fa~ades: Fa~ades visible from a public street shall incorporate modulations in the fa~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) cornices.
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.
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. Parkin!:!: Lots: No more than seventy percent (70%) of the off-street parking area for the
structure shall be located between the front fa~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:
Centre Pointe Retail # 1 CUP-06-025
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
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 (150) 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 bv Larson Architects (Sheet A-2.0. dated 7/06) are approved. as
they comply with the Design Review standards contained in UDC 11-3A-19.
b. Staff Recommendation: Staff recommends approval of CUP-06-025 fOf Center Pointe Retail
# 1 as presented in the Staff Report for the hearing date of August 17, 2006 based on the
Findings of Fact as listed in Exhibit C and subject to the conditions of approval as listed in
Exhibit B.
Centre Pointe Retail #1 CUP-06-025
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
11. EXHIBITS
A. Drawings
1. Date of CUP Site Plan: July 10, 2006
2. Date of Landscape plan: June 5, 2006
3. Date of Building Elevations: May 31, 2006
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Ada County Highway District (ACHD)
6. Sanitary Services Company
C. Required Findings from Unified Development Code
Centre Painte Retail #1 CUP-06-025
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
A. Drawings
1. CUP Site Plan (dated: July to, 2006)
\ l I ' l' I
\ r t,r'j
t~~\.~?j~~~~.~-~n- ~-=~~+~~::-~ ~-:~~i~:.?~\_~
, I ~ -=-1=...__ -"- --"--'--'''!-'T--..-=i .----.--.------,,----,L:-S-,--,,-,,---------f----
~,..-n--_--"-_--_,.' 1"-."--- _..,~ . _-.:uo~~--.r---~~~,.~-<-...:L.:...-::--:-~~-:_.,..."""T'", _-_-_....J ~ _ _~ _ 1.1-- i,--.:.-))- _..__....-:_ .." _~ -
l~ . @ , , 1----- ,--------- -----
1-""------- , __u__
I 0, I ' I .... =~_-
~ I!!I '" "> "'[B!, _____ ..________
------- I ~
[=-- [ ~
: r'" ... Jt ~ (~ t :{~ G' \~:1 !_m":~__;
1 v @. tij ~- "i;;;z~'i
. I 00 - --- "~l a: oo:::t . ji~";'~f-f~ ,..-~
, 1~0 : #l' .'" 0 ii :.0)_
! " ~. _~~i ' ----.,
F=~~~ ~: 0. 1 j
1 r'-- r-- "> "> J" [jjJ ,.-.----
F,.F~ ~=1~ ' _=) \-cC''/
1 I, - -- I III ,) J-=-..~.._ --"\trlJlJI:jj]j ~--"
; \ ! ;,1\,'"<. __ . .~,/~~:~~__ ~tlH~_:~ll1lJ "\,"<__ --
.\00 t----~:--1:;;r.. -_\.~-':-~7[-.--
j I ~n i ~i rF"..~ I -=-T--=: ==-
'I 'i r~:-----" j _ '~~I =1 ~~;I'~~ Q ~il =-~X '.~-" ! ~I i
, : ',~:;i ,'I c.) ,I I--.! ~I :;. l~1 !~) I ,- ~ --- L
I ii-- - " "; -----j L_i i:----- "I , .._n....+___n I ,.__;:;:,l------~
('.:.1
_..._-~~~._~--
I -".---- -.....-
~-I "r::"-c;-"'r""~=
""1"-'- ".:.:.'':'';:.~..;~~.::= ....::..:....:.~.:'
// ~-~ r ..-
/
( j"=-'-'-"
.~"u 'J~~
---- --In-
Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
2. Landscape Plan (Dated June 5, 2006)
~TI::'~:'f',4' I
i"'a'.',~'l"i
..- I, ..111
~~~>', ) tr~ rq l ~
~""" ',~~~j.~ .~ If I
",.1111''''- I
- --- -~~ --_.-.~
~#6~~~I!~~~';~~8tJ .-------I~~.)]!li"li'! HH!III.!.M ,,~.'.',
8:Jeldjo>lJeli\llu!Od 8JlUEl;) , 1:,t,ml ~ M'i 11\'\ i !" i!'" .
"---,,, _, ,___,ll., ij
'"
,...
--'
z
"
~
w"
E;s
! ~I-i [~,
V
----.~~..._- -
~ m II
~ m "
!t~ ~~ ..<.I..."tl.
I I II} IJf
II II "JIMIII
III B, ~ IdlihJ!m
~ J
" .' I
1,1 'I 111.111' I
ill ;11; ill,llill!:'l I
mJ
"
\U 1(( tI 1;;'.!i~i..";tl'lIn :'l~~
"-
~
'j II
hin
j.. ,J
I'll
.I! ill
II' 'I'
il ~,I
!",'Ii
I" I.
ill,j!
'i!l,l ~
I,:U!! 0
mil!! 0
b!a~I.! lU
l'II!;'o
~,I: ~~l ~
Ii! -
!I !I i,
i! ;nl
I' In!
Ill! OQ II j,
,I
,.
II
., '!
:t
Exhibit A Page 2
I
II I I
'I' (
,IIi d"I"
1"', ' II.!.
jlll'dY!'PHll
i ~ I III ,. ill IllllI flU: If i II Ii . I itl'
ill i I]Pilllllllllll!11 1111!11,' II"tllli lll,l i Ii !I ~I.I
/1' . 'III"'" III 'I' I II I !I I
I III I III fi!ll@!ll! mil m Illll!! 'II ill i
11'llilllllllill!llliillllllijll lill!! !iilli,I'llli~!111
ijillllll!!jl!J',lit!hlr!,f,11 J.l!i,'i,'!I, 1;"ilh1jjl
Ii .lhH.JlI!l, dUrIn JiH"llllllubhll.ll!lJilhl
"II ..If
: ~ ~ r , ...~-~..-: 7--:- !..:~+._:-L-tl-~i'-.~-:'
~I.,..:
, "
i...
,"
r-
~L-~
iT [~;,
~::l~~j
... !'. i
":'":::i"':' (
,_ c..:-
;~'(fj
~~
I'~ <')
~.~
!~"':IA"1fl
I! , I
I, - - i
II' ill .
I!II qj I
.1 i .
I f I
~#/I-.""""'-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
3. Building Elevations
, I
~ ~ l
~ ~ ~
!l
il !
II i
I,l!
-I\! ~
l'J '
" j
,",' ......~c
@'I,"r~
o
.5>
"'
@_u
411'---
(':'1'1" -
("!)-
(~)., ,
i >::
~'
. Iii
t
G
.~
"'
1,0'-
! ~ ~
f!!.
I~'rUI .
N,~j_,.",._L",l-,.,....
....:c
Exhibit A Page 3
1
9
!l I
I' II I
j 1 1
i I! Ill!
! III lh!
@l'f ~d..
~"
~l :
"
C@
@l-
@)_.
(::Jj>-- ,---.:
@)- --
l ~;~:;:
{! .:".
j
@
!
ill
Ii,
ljj
~
~
~l
~I
~
~l
",
(j}j
@
.(>'f,:~ 'I:~:. "':.,
1
j
~
!I
"
:"!
II
J
@__u___
, ;
, ,
(~-- ---
411'-u_--
/1 ,
'1 t ~ 11 i
;l . L Ill. ~l
'i; ,! 1i'
~!! ! 1 HiHj 1
I ==:;f,:I:' =1:::_1
--.j'"' ~-
~~-\ -.\ '-'J ,,:
I..~-' "
.6-
"'
"- I'
,]j'.-" -
I
(;;;)-
(,">-1 - - '
,,- I
~
~
~~
Of...
~y
(;;j)-;
E)'u
,. i!
lj; l.",-
~I
~:
inl,
~I;
(:l.l
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all conditions of approval for Center Pointe Subdivision, and
Blue Marlin Annexation (PP-06-020& AZ-03-025) as part of the subject Conditional Use Permit
(CUP-06-026), The Site Plan labeled as SP~I, prepared by Larson Architects, dated May 31,2006
is approved, with the conditions listed herein.
1.2 The landscape island at the exit of the drive through shall be planted with only low shrubs or
vegetation that will not block the view of automobiles exiting the drive-though.
1.3 A stop sign shall be placed at the exit of the drive through to maintain safety and good
circulation,
1.4 Provide a minimum 3-bicycle rack on this site. The bicycle rack shall be located on the sidewalk
near the front of the building in a safe place out the main pedestrian corridor
1.5 The landscape plan prepared by The Land Group, Inc., on 6-5-06, labeled Sheet L1.0 is approved
with the following modifications/notes:
· The applicant shall submit a revised landscape plan to that reflects the changes in site
design for the drive~through.
· 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 landscape plan, reflecting the changes/notes mentioned above, with the
Certificate of Zoning Compliance application.
1.6 This project complies with the Design Review requirements of UDC 11 ~3A-19. The building
elevations prepared by Larson Architects (Sheet A-2,0. dated 7/06) are approved.
1.7 To ensure that all of the conditions of approval for CUP-06-025 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.
1.8 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.
1.9 No signs are approved with this CUP application. All business signs require a separate sign
permit in compliance with the sign ordinance.
1.10 The applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use permit must be obtained prior to operation.
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
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
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 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 EXHffiIT 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 Army 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 testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Vz" 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 driveways shall have a turning radius of 28' inside and 48'
outside radius.
3.4 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.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17,2006
3.5 For all Fire Lanes, provide signage "No Parking Fire Lane".
3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall
have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only on one side.
These measurements shall be based on the face of curb dimension. The roadway shall be able to
accommodate an imposed load of 75,000 GVW.
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 Maintain a separation of 5' from the building to the dumpster enclosure.
3.9 Provide a Knox box entry system for the complex prior to occupancy.
3.10 The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s).
3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.12 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.13 Where 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 fire hydrants
and mains shall be provided where required by the code official. 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. I.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
3.14 There shall be a fire hydrant within 100' of all Fire Department connections.
4. POLICE DEPARTMENT
4.1 The west fa<;ade shall be modified to include windows that look onto the parking areas and/or
other public areas.
4.2 The loading areas including the trash enclosure shall be separated from all public parking areas
which includes the main drive isle to the west of the proposed building.
S. ADA COUNTY HIGHWAY DISTRICT
5.1 It has been detennined that the Right-of-Way and Development Services Department does not
have any site specific requirements for you at this time due to the fact that street improvements
were approved under the Centre Pointe Subdivision (PP-06-020, FP-06-035).
Exhibit B Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
5.2 A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building
permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding
impact fees.
6. SANITARY SERVICES COMPANY
6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal prior to the
public hearing. There is a concern that the required modifications may significantly impact your
site design and may require a revised site plan. If the site plan is revised, contact the planner
assigned to the project immediately to discuss the changes and how to proceed with the revised
site plan.
Exhibit B Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
C. Required Findings from Unified Development Code
CUP Findings:
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The proposed building and uses on this site can accommodate and meet all dimensional and
development regulations of this district.
Parking stalls are required at the ratio of one space per 500 square feet of gross floor area in
commercial districts (UDC 11-3C-6). Per this requirement, 47 stalls are required. There are 70
parking stalls proposed on this site, with designated handicap accessible stalls. This provision
exceeds the City's minimum parking stall ratio. Commission finds that the project should have
ample parking.
Commission finds that the subject property is large enough to accommodate the required yards
(setbacks), parking, landscaping and other features required by the ordinance. Staff recommends
the Commission 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.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Commission finds that the designated Comprehensive Designation for this property is Mixed-Use
Regional. The property is currently zoned C-G, with a requirement for CUP approval of each
building/use. The proposed use is generally harmonious with the requirements of the UDC (see
Sections 8 and 10, 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.
Commission finds that if the applicant complies with the conditions outlined in this report, the
general design, construction, operation, and maintenance of a retail building 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.
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.
Exhibit C Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 17, 2006
s. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
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
and ACHD. Based on comments from other agencies and departments, Commission finds that the
proposed use will be served adequately by all of the public facilities and services listed above.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare ofthe community.
If approved, the applicant will be financing any improvements required for development.
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.
Commission recognizes that traffic and noise will increase with the approval of retail uses in this
location; however, Commission does not believe that the amount generated will be detrimental to
the general welfare of the public. Commission does not anticipate the proposed use will create
excessive noise, smoke, fumes, glare, or odors. 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.
Commission finds that there should not be any health, safety or environmental problems
associated with this subdivision that should be brought to the Commission's attention.
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 Page 2