HomeMy WebLinkAboutGrandview Marketplace Retail B CUP 06-029
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
I<fi,
oU;e'r.1Tnl' ii' {W,lCL' ~l.,''"^,/''' t ,_: '\,<
.:. " ~:~~~
V
i IDAI-II) ~
\~~:j~;:::::tj!ut"":'1J~"--"f:L~f:ij,,"!:f/fr'<~
, WQ.;
In the matter of a Conditional Use Permit Request for a 5,200 square foot retail building
with a drive-through window in the C-G Zone, by W.H. Moore, Co.
Case No. CUP-06-029
For the Planning & Zoning Commission Hearing Date of: October 19,2006 (Findings
approved on 10-19-06)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 19, 2006,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 19, 2006,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October
19,2006, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of October 19,2006, 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 Cbde (LC. 967-6503).
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 9
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER '
CASE NO. CUP-06-029 - PAGE 1 of 4
7. That this approval is subject to the Site Plan, and the Conditions of Approval all in the
attachcd Staff Rcport for thc hcaring date of October 19.2006, 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.
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.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code 9 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, dated September 29, 2006, and Landscape Plan, dated
October 4, 2006, and Elevations. also dated August 9, 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 October 19, 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. CUP-06-029 - PAGE 2 of 4
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 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 9 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 October 19. 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. CUP-06-029 - PAGE 3 of 4
By action ofthe Planning & Zoning Commission at its regular meeting held on the jq t'h
day of ()Q}O be..t- , 2006.
COMMISSIONER MICHAEL ROHM
( Chair)
VOTED I ~' n
COMMISSIONER DAVID MOE
VOTED~
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED ~JCL
COMMISSIONER KEITH BORUP
VOTED \ ~1 0.. _
COMMISSIONER DAVID ZAREMBA
VOTED ~!J--
C
Attest:
Attorney.
By: ~h()j) n'''\ 1~'L~ 4--u
City Clerk
Dated:
I 0,- 2.if --c0
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. CUP-06-029 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006
SUBJECT:
Hearing Date: 10/19/2006
Planning & Zoning Commission
Amanda Hess, Associate Planner
208-884-5533
Grandview Marketplace (Retail Building B)
""U /,r~~ fi.iB.
Vo/ldridi:n""f; \
\ - "11>,910 -, . ,-, - " ,". -,
~ ','
.: - '.!
STAFF REPORT
TO:
FROM:
L~~J~~S
. CUP~06--0Z9
~:~~,;: ;~,i :L;',~r=>#~:;
Conditional Use Permit for a 5,200 square foot retail building with a drive-
through window, byW. H. Moore Co.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, W. H. Moore Co., has applied for Conditional Use Pennit approval for a retail building and
drive-through window. The proposed building will be located on the north side of Overland Road,
approximately 400 feet west of the Eagle Road / Overland Road intersection on Lot 4, Block 1, of the
Dorado Subdivision, Section 17, Township 3 North. Range 1 East, B.M.
The subject property is currently zoned C.G (General Retail and Service Counnercial District).
Restaurants, retail stores, and drive-through windows are principally permitted uses within the C-G zone.
However, procurement of a CUP is required where a drive-through facility is located within 300' of
another drive-through, residential district, or an existing residence.
Several residential properties to the west, that are currently zoned R.I, Ada County, are located with 300'
of the subject site. Additionally, the Sterling Savings Bank, Lot 6, Block 1, and Taco Bell, Lot 7, Block 1,
of the Dorado have been issued Certificates of Zoning Compliance for construction of drive-through
windows, which are also located within 300 feet from the proposed building and drive-through window.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP application below. Staff recommends
aooroval of CUP-06~029 for Grandview Marketolace Retail Buildinl! B. as oresented in the Staff
RepOrt for the hearin!!: date of October 19. 2006. subiect 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-
06.029 as presented during the hearing of October 19, 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
Conunission hearing on November 2, 2006.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-06-
029 as presented during the hearing of October 19, 2006, for the following reasons: (you must
state specific reason(s) for the denial of the conditional use pennit.) I further move to direct Legal
Department Staff to prepare an appropriate fmdings document to be considered at the next
Planning and Commission hearing on November 2, 2006.
Continuanee
Grandview Marketplace Retail Building B (CUP-06-029) - Page 1
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006
After considering all staff, applicant and public testimony, I move to continue File Number CUP-
06-029 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:
Lot 4, Block 1, Dorado Subdivision
Section 17, T3NRIE
b. Owner / Applicant:
W. H. Moore, Co.
1940 S. Bonito Way, Suite 160
Meridian, ID 83642
c. Representative: Jonathan Sed, W.H. Moore
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 5,200 square foot retail building with a drive-through.
1. Date of Revised Site Plan (See Exhibit A): September 29,2006
2. Date of Revised Landscape Plan (See Exhibit A): October 4,2006
S. 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: October 2, 2006; October 16, 2006
c. Radius notices mailed to properties within 300 feet on: September 22, 2006
d. Applicant posted notice on site by: October 9, 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: Grandview Marketplace Retail Building 1 (Dorado Subdivision), zoned C-G
2. West: Commercial (Dorado Subdivision), zoned C-G
3. South: Bonito Subdivision / EI Dorado Business Campus, zoned C-C
4. Bast: Farmers & Merchants Bank (Dorado Subdivision), zoned C-G
d. History of Previous Actions: In 2005, the City of Meridian approved the annexation and zoning
(AZ-05-019) of 10.9 acres to C-G (General Retail and Service Commercial) for this site.
Preliminary Plat (PP-OS-024) and Conditional Use Permit (CUP-OS-031) approval for a Planned
Development for Dorado Subdivision was also granted in 2005. The PP and CUP application
proposed 16 conunerciallots. The Final Plat (FP-05-057) for Dorado was approved by the City
Orandvicw Marketplace Retail Building B (CUP-06-029) - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19,2006
Council in 2005. The subject site, Lot 4, is therefore subject to the conditions of final 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.
Location of water: Services installed with Dorado Subdivision.
Issues or concerns: None
2. Vegetation: N/ A
3. Floodplain: N/ A
4. CanalslDitches hrigation: N/ A
5. Hazards: N/A
6. Size of Property: 39,268 sq. ft. (0.90 acres)
7. Description of Use: Proposed 5,200 square foot retail building with a drive-through
f. Landscaping:
1. Width of street buffer(s): Thirty-five feet (35') oflandscape buffer required on Overland
Road. Forty-one plus feet (41 '+) of buffer provided by the applicant.
2. Width of buffers between land uses: N/A
3. Percentage oflandscaped area: 27.5% (10,799 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:
Procurement of a CUP is required where a drive-through facility is located within 300' of
another drive-through, residential district, or an existing residence (tIDC 11-4-3.llA). Several
residential properties to the west, that are currently zoned R-l, Ada County, are located with
300' of the subject site. Additionally, the Sterling Savings Bank, Lot 6, Block 1, and Taco
Bell, Lot 7, Block I, of the Dorado have been issued Certificates of Zoning Compliance for
construction of drive-through windows also located approximately 300 feet from the proposed
building.
h. Off-Street Parking (Non-residential Uses):
1. Parking spaces required: UDC 11-3C.6B establishes minimum parking standard for non-
residential uses. Within commercial districts, spaces shall be provided at one per 500
square feet of gross floor area.
2. Parking spaces proposed: 21
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).
Grandview Marketplace Retail Building B (CUP-06.029) - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006
f. Summary of Proposed Streets and / or Access:
Access to the site will be from a right-in, right-out only access from / to Overland Road. In
addition, a right-in only access from Eagle Road has also been approved. Eagle Road, south of 1-
84, and Overland Road are under the jurisdiction of the Ada Cowty 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 a1110ts within the Dorado Subdivision.
7. AGENCY COMMENTS
On September 15, 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 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
VD, Goal ill, 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 subjecrlands are currently servi(;j~d by t/ll~ lv/eridiu" 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 ro,
Objective D, Action 5)
Staff is conditioning approval of the subject CUP upon the applicant installing and maintaining
landscaping on this site. Refer to the CUP Analysis, Section J 0, for more information on
landscaping at this site.
Grandvicw Marketplace Retail Building B (CUP-06-029) - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DAlE OF OCTOBER 19, 2006
. "Require appropriate landscape and buffers along transportation corridors (setback, vegetation,
low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4)
A 35-foot wide landscape buffer is typically required/or C-G zoned properties which are located
on an entryway corridor. The Dorado Subdivision, a planned development, has provided a
landscape buffer on the subject site which rangesfrom approximately 36 feet to 42 feet.
. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter vn,
Goal 1, 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 Permitted I
Conditional Uses in the C-G zone. In this instance, however, the applicant is required to obtain
CUP approval because the subj ect drive-through will be located within 300' of a residential zone,
as well as within 300' of other drive-through windows sited in the Dorado Subdivision.
b. Purpose Statement of Zone: The pwpose 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. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the
proposed site design as presented hi the CUP site plan, labeled as Sheet SP-l and dated July 17,
2006, and the landscaping as proposed, with the following comments;
Access: There are three access points to Dorado Subdivision, all approved by AClID. The fust is
a right-in, right-out driveway from I to Overland Road, located approximately 260 feet west of
Eagle Road. The second is a full access driveway from I to Overland Road at the west property
line. The third is a right-in only access from Eagle Road located approximately 300 feet north of
Overland Road. North bound turning is not allowed from the development onto Eagle Road. A
perpetual vehicular crn"" acce"" ~a~ffl1lent ill dedicated to all lots within the Dorado Subdivision.
Landscanintt: The applicant has proposed approximately 4,900 square feet of landscaped area
including, but not limited to the 41-foot landscape buffer on Overland Road. The subject
application proposes five-foot wide planters along the north lot line and a minimum of ten-foot
wide landscape planters on the east and west lot lines. The applicant has also provided planter
islands within the parking lot which meet the requirements of the Unified Development Code.
parkine:: The applicant is proposing to construct 21 parking stalls. Only 11 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.
Drive-lbroulZh Desi211: Per the request of Planning Staff, the applicant submitted a revised
site plan to modify the drive through design. Staff felt that extension of the landscape
planters at the entrance and exit points better funnel traffic into and out of the drive
though. Staff is supportive of the revised drive-through configuration. UDC 11-4-3-11 states that
"a site plan shall be submitted that demonstrates safe pedestrian and vehicular access and
Grandview Marketplace Retail Building B (CUP..Q6-029) - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006
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.
Desilm. Review Standards lUDC 11-3A-19): Stafffmds that the subject site generally complies
with the standards for uses alODg entryway corridors. Please see Exhibit B for detailed
Conditions of Approval.
1. Architectural Character:
a. Facades: Facades visible from a public street shall incorporate modulations in the
fa9ade, roof line recesses and projections along a minimum of twenty percent (20%)
of the length of the facade.
b. Primarv Dublic 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 or more roof planes; d) varying parapet
heights; and e) cornices.
d. Pattern variations: At least two changes in one or a combination of the following
shall be incorporated into the building design: color, texture, and / or materials.
e. Mechanical ecuioment: 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 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:
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.
Grandview Marketplace Retail Building B (CUP-06-029) - Page 6
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006
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 of all customer entrances.
The building elevations prepared by Larson Architects, Sheet Number A-I and dated August 9,
2006, are approved by staff, as they comply with the Design Review standards outlined in UDC
11- 3A -19 listed above.
Certificate of Zeninll Comoliance: 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 oftbe conditions of approval listed in
Exhibit B are complied with, the applicant will be required to obtain CZC approval from the
Planning Department prior to building construction, and all improvements must be installed prior
to occupancy.
b. Staff Recommendation: Staff recommends aDDroval of CUP-06--029 for the Grandview
Retail Buildine B as Dresented durinl! the hearinl! of October 19. 2006. based on the
Findines of Fact listed in Exhibit C. and subiect to the conditions of approval listed in
Exhibit B.
GTandview Marketplace Retail Building B (CUP-06-029) - Page 7
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006
11. EXHIBITS
A. Drawings
1. Vicinity Map
2. Dorado Subdivision Retail Use Plan
3. Dorado Subdivision Landscape Plan (Dated August 17,2005)
4. Grandview Retail B Site Plan (Stamped "Revised" on September 29, 2006)
5. Grandview Retail B Landscape Plan (Dated October 4,2006)
6. Building Elevations (Dated August 9, 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 from Unified Development Code
Grandview Marketplace Retail Building B (CUP-06-029) - Page 8
CITY OF MERIDIAN PLANNlNG DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006
, I
~ k-
~~
A. Drawings
1. Vicinity Map
FlU'l : loti fGJlE co
~
~
S
:;J
F~ NJ. : aae-32J-75Z3
1
I
-
e ",'.
I I -
-
I . I I
~\.
j --- >--
- ~i
i--
~6 ......... L.....-i
?/
I
I
I
K _/~~ r{J T:-
! '\ ~ ,\ ""\ lift! J I
>- ~ ~ ::. ~~-[1If
~ ~ ;). ~.._ ~ f'!a..
1e: ~ ~\- j/.,~" -
I ~~;' \ I( -
~, .
.... \
-
:----l
\
j
-,
-r
:5'"
llJl
c::l~
~I-' I I I
~= ~~
~/' "'" -J- 2:
rr :!' \ ~ t--
;:.... D ~~
::1= ,.. ~
_ .. ..If, -
~
"t
"\..
[
~I~
-.
Exhibit A
Ma", 1iI1 2liIIlI6 05'~ f'5
~)
~
I - ~
,
f- ~---
-~
l'
I
'1
~
1
T
g:,;o
A
/fH--d
\ ~~
-
-
~
i-
-
~ ....
1~
"" ----< A
cIo ~
~
,A/~
.... r 1"~ ,-.I
J .....
/ 5
1-.,.1
.....
-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR mE HEARING DATE OF OCTOBER 19,2006
2. Dorado Subdivision Approved Landscape Plan
OJ J ..,p;=r.e !..L.':~~I~ - II , I~
__-;;",.: ..llilil~
--I-Jjlg.e.~~---------r---I-------i-I
0V0lI :l'lI)W3 S i I
I
I
I
.
11~~p_t
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 11IE HEARING DATE OF OCTOBER 19, 2006
3. Dorado Subdivision Retail Use Plan
a.o. ~ .
----
-~ "---------..........
~
- -------_._--------_.._~~
"->l
q
11
/
./1' -..-..~--_.--.........,,--~--~.-~~~-..-.
,/ I;~-'- =:..........--- '-
~J : II I JT1l ---
&:- . n
e- '~l-~ 'Q}'L [ : ' ! 1
1-- ~. -.- ~
r-~J.. i ~ ~q
! I '
- :':. r 011' I i 1-t#tfutlHJ' ': I . ... J
,.-=L....- ,'.j I':'
uTl!IU 1111 I ,1,1
.-' nlllllllllrrlt~lll rf~iJ" CTiTII'f~~
, I L, .Htil "ttti11 "'1"1 : -:ll l I II -1
I -' i I . 'v . i: ,J i I -"""i
: (~lUJ~llllll:: I I; I t:J
('
i ..
i II ~u
\_-"~
___!:i
<i9C'l
iil~
-.r I i
\ ; j .~~
'I '
,
j, ~
"-I
lUJ J IlJ_J..Lll.WJLW I i I i J-'
~
~=-
'""'I~
CQ:U
~!
fl.Jj
i
i I -t ~ :=;
I -;~I--b
I !;::::
I ~
I ....-.--.., ~
.-- ," F--= <:i
I c ~
I! h ~ :'
: l ]~ j i! i!~: .
L..__._.._..._..~, -,J
;! I
i! .
- .J
.iIi!i!l,j,tl aIiIOO"1
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19,2006
4. Grandview Retail B Site Plan (Dated July 17, 2006)
...
v
o
c
Ii
i
;
!
2:
w
I
-_---.-- ----------
--------,8
I
l-[]
r
i
I
Exhibit A
CITY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19,2006
5. Grandview Retail B Landscape Plan (Dated October 4,2006)
I,. .
\a.
0
..c(
I ~.
C
.Z
j' ~ i
~
!
i
!
i W
,:,: . ,
,
I
.~:-:
Exhibit A
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE Oll OCTOBER 19, 2006
6. Building Elevations (Dated August 9,2006)
,
-s OMI ......
'tllr ... . QIIOlI 4MV'1SAO - . I ~
----- IIllIlYJ.8.wMC1M1El L . I
'r'd 'SJ~ppt' UOS4I1 A ...... 'lVSII t I
-
___----------- ___0-
Exhibit A
@- .-.-
<
~
CtJ
!
-
'Ii
--'-.-'-'-.111I
~ Ln_
~
.-~.--i~~---
i~
._.~-----~-:. ~
~ ,----
I
~
!
~
i
1
@
-
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19,2006
B. Conditions of Approval
1. PLANNING DEPARTMENTS
1.1 The Landscape Plan, labeled Sheet Ll.O, prepared by The Land Group, me., and dated October 4,
2006, is approved. A written certificate of completion shall be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape pIan and submitted
prior to occupancy of the building. The landscape plan is not to be altered without approval of the
Planning and Zoning Department. No field changes to the landscape plan are permitted. All
standards of installation shall apply as listed in UDC 11-3B-14.
1.2 The Site Plan, labeled Sheet SP-l, prepared by Larson Architects, Inc., stamped "Revised" on
September 29, 2006, is approved subject to the conditions listed herein. A site plan shall be
submitted with the Certificate of Zoning Compliance application for the subj ect retail use and
accompanying drive~through.
1.3 The applicant shall comply with all previous requirements of this site associated with AZ-05-019,
PP-05-024, CUP-05-031, and FP-05-057, as well as the Development Agreement in effect for the
Dorado Subdivision.
1.4 Two-way traffic shall be limited to the parking area only.
1.5 A "Do Not Enter" sign shall be installed at the drive-through exit to face north within the
landscape planter located at the east property line, as depicted on the revised site plan.
1.6 A "Yield" sign shall be installed within the landscape planter island immediately north of the
drive~through, as depicted on the revised site plan. Said sign shall face south to indicate to drive-
through users that parking lot traffic has the right of way.
1.7 Sidewalks/walkways shall be installed around the perimeter of the proposed structure according
to UDC 11-3A-17.
1.8 The aoolicant shall pay the associated costs with re-noticilll:! the public hearing:.
1.9 The applicant shall comply with the outdoor lil!htinl! standards shown in UDC 11-3A-ll.
1.1 0 To ensure that the conditions of aouroval for CUP-06-D29 and the terms of the existinlZ
Develooment AllI'eement in effect for the Dorado Subdivision are complied with. the applicant
shall be reqUired to obtain a Ceniflcate of Zoning Comolianct: (CZC) pcrnri.t .Ii-mIl thc= Plallllill~
Department prior to construction of the building shell.
1.11 All reQuired imurovements must be comolete prior to obtaining a Certificate of Occupancy for the
oroposed development. A temoorary Certificate of Occupancv may be obtained by providinv
suretY to the Citv in the form of a letter of credit or cash in the amount of 110% of the cost of the
required imorovements (e.e:.. landscaping. and irrilmtion). A bid from a licensed contractor must
accompanv any recuest for temporary occupancy.
1.12 No signs are aporoved with this CUP application. All business signs recuire a separate sie:n
pemtit in compliance with the shm ordinance.
1.13 Staff's failure to cite specific ordinance provisions or tenns of Dorado's approved Final Plat /
Conditional Use does not relieve the aoolicant ofresponsibilitv for comoliance.
1.14 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
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR lHE HEARING DATE OF OCTOBER 19, 2006
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 fonus
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
EXHIBIT 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.
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 detennined 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 Pennitting 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 DqJ<mment and
water quality by the Meridian Water Department for bacteria.
3.2 Final Approval of the 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 pennits.
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 ofthe lFe 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 The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet be required to have an approved turn around.
3.4 All internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius.
3.5 All roads are considered Fire Lanes. Provide signage, ''No Parking - Fire Lane," and post at all
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER] 9,2006
entrances.
3.6 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.
3.7 Building setbacks shall be per the International Building Code for one- and two-story
construction.
3.8 Connnercial and office occupancies will require a fife-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.9 Maintain a separation of 5' from the building to the dumpster enclosure.
3.10 Provide a Knox box entry system for the complex prior to occupancy.
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 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.
3.13 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.14 There shall be a fire hydrant within 100' of all Fire Department colUlections. Additional hydrants
shall be installed to meet this requirement, if necessary.
3.15 Buildings over 30' in height are required to have access roads in accordance with Appendix D,
Section DI05.
3.16 Emergency response routes and fire lanes shall not be allowed to have speed bwnps.
4. POLICE DEPARTMENT
4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed three feet in height.
S. PARKSDEPARTMENT
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 retwn type driveway that functions as a full access driveway
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.
7.104 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 I5-foot wide (390 feet long) deceleration
lane on Eagle Road to accommodate the right-in driveway ONLY. Coordinate the details with
Exhibit B
CITY OF MERJDlAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE Of OCTOBER 19, 2006
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 tbis application, direct lot
access to Overland Road and Eagle Road is probibited. Place a note on the final plat that states this
access restriction.
7.1.6 Prior to final approval, submit plans to the ACHD Development Review Department.
7.1.7 A traffic impact fee will be assessed by ACID and will be due prior to the issuance of a building
pennit. Contact ACHD Planning & Development Services at 387-6170 for infonnation regarding
impact fees.
7.1.8 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROY AL
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 bome by
the developer.
7.2.3 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction ofthe 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 flie 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 certtfY 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 Cuusuuction, USI;; and pIUpI;;11y ul;;vduPilll;;ut shall bl;; ill cunfuIIllam,;t: willI all applicablt:
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 AClID 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 AClID conduits (spare or filled) are compromised during
any phase of construction.
7.2.10 No change in the tenns and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
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
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006
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 subj ect 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 DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006
C. Required Findings Unified Development Code
1. Conditional Use Permit Findings:
The Commission shaD 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. Staff finds that the subj ect property is
large enough to accommodate the required setbacks, parking, landscaping, and other features
required by 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.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
Staff finds that the designated Comprehensive Plan designation for this property is "Commercial."
The proposed use is generally hannonious with the requirements of the UDC and the
Comprehensive Plan (see Section 8, 9 and 10 above for more information regarding the
Comprehensive Plan policies and UDC standards.)
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.
Staff finds that if the applicant complies with the conditions outlined in tbis 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 wmplies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
Staff 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.
e. That the proposed use will be served adequately by essential public: facilities and services such
as highways, streets, schools, parks, police and fll'e protection, drainage structures, refuse
disposal, water, and sewer.
Staff finds that sanitazy 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 conunents from other agencies and departments, staff finds that the proposed use
will be served adequately by all of the public facilities and services listed above.
Exhibit C
CI'IY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR mE HEARING DAlE OF OCTOBER 19, 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. Staff fmds
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.
Staff 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. Staff does not anticipate the proposed use will
create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed uses will not be
detrimental to people, property or the general welfare of the 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.
Staff 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. Stafffmds 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