Razzberry Crossing Subdivision MCU
RECEIV,ED
"IAN 02 2007;
City Of Meridian ~
CITY OF MERIDIAN City Cler~w / nn'~ 1'J .~':&J; '-"\.
"-7Vlenaltfl1 ' ~
FINDINGS OF FACT, CONCLUSIONS OF \ IDAHO i
LAW AND ~)< /'
DECISION & ORDER
In the Matter of modification of the Conditional Use Permit (CUP) approved for
Razzberry Crossing Subdivision to remove the requirement for detailed CUP approval on
Lot 2, Block 1; Lot 1, Block 2; and Lots 1 & 2, Block 6, by Carl and Bonnie Reiterman.
Case No(s). MCU-06-004
For the Planning & Zoning Commission Hearing Date of: December 7, 2006 (continued to
December 21, 2006, with Findings on the January 4,2007, Commission agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 7, 2006,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 7, 2006,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 7, 2006, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 7, 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. 967-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-06-004
(PAGE 1 of4)
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 Mayor and City Clerk and then a copy served by the Clerk upon
the Applicants, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of December
7, 2006, incorporated by reference. The conditions are concluded to be reasonable and the
Applicants shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code 9 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The Applicants' Site Plan as evidenced by having submitted the Site Plan dated June
15,2006, is hereby conditionally approved; and,
2. The following modifications to site specific conditions were made at the Planning &
Zoning Commission hearing:
a. Planning Department Condition of Approval 1.1 shall read:
Site Specific Condition G-3 of AZ-03-034, requiring each office-zoned lot to obtain CUP
approval, shall be deleted. The applicant shall comply with all other previous conditions
of approval for Razzberry Crossing Subdivision (AZ-03-034, PP-03-039, & FP-04-055)
and all applicable requirements of the original Conditional Use Permit (CUP-03-062) for
this site.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of December 7,2006, 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-06-004
(PAGE20f4)
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.1,
the Director may authorize a single extension of the time to commence the use not to
exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen
(18) months as determined and approved by the Commission may be granted. With all
extensions, the Director or Commission may require the conditional use comply with the
current provisions of Meridian City Code Title 11.
E. Notice 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 December 7, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-06-004
(PAGE 3 of 4)
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By action o,f the Planning & Zoning Commission at its regular meeting held on the ~
day of J C~JUf &:'-1 tV , 2007.
--r ()
COMMISSIONER MICHAEL ROHM
(CHAIR)
VOTED Ifbse1TI-
COMMISSIONER DAVID MOE
VOTED~
COMMISSIONER KEITH BORUP
VOTED~
VOTED~
COMMISSIONER WENDY NEWTON-HUCKABAY
~k lie., S l c:lt'(O~{d.A/
COMMISSIONER D~ lID 'l A R EMili 6
Attest:
Tara Green, Deputy qity ~lk p?
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Copy served upon APpli~a:n%~~~~"f)epartment, Public Works Department and City
111""'1 ","\",
Attorney.
By:
City Clerk
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Dated:
c') [- L-2~o'-1
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-06-004
(PAGE40f4)
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
STAFF REPORT
TO:
FROM:
SUBJECT:
Hearing Date: 12/7/2006
Planning & Zoning Commission
Amanda Hess, Associate City Planner
Razzberry Crossing CUP Modification
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. MCU-06-004
Modification of the Conditional Use Permit (CUP) approved for Razzberry
Crossing Subdivision to remove the requirement for detailed CUP approval on
Lot 2, Block 1; Lot 1, Block 2; and Lots 1 & 2, Block 6.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicants, Carl and Bonnie Reiterman, are requesting modification of the existing Conditional Use
Permit (CUP-03-062) for Razzberry Crossing Subdivision. Currently, said CUP requires detailed
conditional use permit approval for all construction on Lot 2, Block 1, Lot 1, Block 2, and Lots 1 & 2,
Block 6. These lots are conceptually approved for office uses, pending detailed CUP approval. The
Applicants are proposing to remove the requirement for detailed CUP approval on each office lot because
they have provided elevations of what the buildings wi11100k like with the subject submittal.
The site is generally located 350 feet west of Locust Grove Road and 1/3 mile south of McMillan Road in
Section 31, Township 4 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel
Numbers: R7355910020, R7355910030, R7355910380, and R7355910390.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested MCU application below. Staff recommends
approval of MCU-06-004 for Razzberry Crossing as presented in the Staff Report for the hearing
date of December 7, 2006, subject to the conditions listed in Exhibit B. The Meridian Planninl! and
Zoninl! Commission heard the item on December 7. and December 21. 2006. At the public hearinl!
they moved to approve the subject application.
a. Summary of Public Hearinl!:
i. In favor: Carl Reiterman (Applicant)
ii. In opposition: None
lll. Commenting: None
lV. Staffpresentinll application: Amanda Hess
v. Other Staff commenting: on application: None
b. Key Issues of Discussion by Commission:
i. Have Staff modify Condition of Approval 1.1 of this staff report to reflect the
original site specific condition number reauirinll each office-zoned lot to obtain
CUP approval
c. Key Commission Chanl!es to Staff Recommendation:
i. None
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant, and public testimony, I move to approve File Number MCU-06-
004 as presented in the staff report for the hearing date of December 7, 2006, with the following
modifications to the conditions of approval: (Add any proposed modifications.) I further move to
Razzberry Crossing - MCU-06-004
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
direct staff to prepare an appropriate fmdings document to be considered at the next Planning and
Zoning Commission hearing on December 21,2006.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number MCU-06-004
as presented during the hearing of December 7, 2006, for the following reasons: (you must state
specific reason( s) for the denial of the conditional use permit, explain what the applicant could do to
gain your approval.) 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 December 21,
2006.
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number MCU-06-
004 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:
1434, 1463, 1492, & 1565 E. Star Drive
Meridian, ill 83642
Section 31, T4N RIE
b. Owner / Applicant:
Carl and Bonnie Reiterman
770 W. McMillan Road
Meridian, ill 83642
c. Representative: Carl Reiterman
d. Present Zoning: L-O
e. Present Comprehensive Plan Designation:
Mixed Use Neighborhood & Medium Density Residential
f. Description of Applicant's Request:
1. CUP Site Plan, dated June 15, 2006 (See Exhibit A)
2. Building Elevations (See Exhibit A)
g. Applicant's Justification: In order to expedite the building process, we request a modification to
the Conditional Use Permit to allow professional office buildings on the lots zoned L-O without
having to apply for detailed CUPs for each structure.
5. PROCESS FACTS
a. The subject application will in fact constitute a conditional use modification as determined by City
Ordinance. By reason of the provisions of UDC ll-5B-6, a public hearing is required before the
Planning & Zoning Commission on this matter.
b. Newspaper notifications published on: November 20, 2006, and December 4, 2006
c. Radius notices mailed to properties within 300 feet on: November 9,2006
Razzberry Crossing - MCU-06-004
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
d. Applicant posted notice on site by: November 27,2006
6. LAND USE
a. Existing Land U see s): Office building currently under construction on Lot 2, Block 1; otherwise
vacant.
b. Description of Character of Surrounding Area: Single family residences to the north, south, east,
and west.
c. Adjacent Land Use and Zoning
1. North: Single family homes in Havasu Creek Subdivision, zoned R-8; large Ada County
parcel used for residential and commercial uses, zoned RUT
2. South: Single family homes in Alexandria Subdivision, zoned R-8
3. East: Single family homes in Heritage Subdivision, zoned Rl in Ada County
4. West: Single family home sites in Razzberry Crossing Subdivision, zoned R-8
d. History of Previous Actions:
On February 18, 2004, Razzberry Crossing Subdivision was granted annexation and zoning (AZ-
03.034) approval for 8.1 acres from RUT (Ada County) to R-8 (Medium Density Residential) and
3.31 acres from RUT to L-O (Limited Office). At that time, preliminary plat (PP-03-039) approval
was also granted for 34 single family residential lots in the R-8 zone, and four professional office
lots in the L-O zone.
A Conditional Use Permit (CUP-03-062) for a Planned Development (PD) approved reduced
setbacks / dimensional standards within the approved R-8 zone and established the requirement of
securing detailed conditional use permits prior to development ofthe office lots.
City Council granted fmal plat approval for Razzberry Crossing on September 14,2004.
The subject application proposes to eliminate the requirement for all four of the office lots within
the L-O zone to obtain individual detailed conditional use permits prior to submittal for
Certificates of Zoning Compliance.
NOTE: Earlier this year, Staff erred and issued a Certificate of Zoning Compliance (CZC-06-090)
for a 10,000 square foot office building on one of the four office lots in Razzberry, prior to
detailed CUP approval. Staff has informed the Applicant that this office building will need either
detailed CUP approval, or for the subject MCU application to be approved, prior to release of
occupancy.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: All lots are already serviced during construction of Razzberry
Crossing.
Location of water: All lots are already serviced during construction of Razzberry
Crossing.
Issues or concerns: None
2. Vegetation: N/A
3. Floodplain: N/ A
4. Canals / Ditches / Irrigation: N/ A
5. Hazards: N/A
Razzbeny Crossing - MCU-06-004
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
6. Existing Zoning: L-O
7. Size of Property: 3.31 acres
f. Landscaping:
1. Width of street buffer(s): Twenty-five feet of landscape buffer required on Locust Grove
Road, an arterial road. Ten feet of landscape buffer is also required along all lot lines
adjacent to East Star Drive and North Bright Angel Avenue, adjacent to the L-O zoned lots.
2. Width of buffers between land uses: Twenty feet of landscape buffer required between the
subject properties, zoned L-O, and the residentially zoned properties in Havasu Creek to the
north, Alexandria Subdivision to the south, and the R-8 portion of Razzberry Crossing
subdivision to the west.
3. Percentage of landscaped area: 1.42 acres for Razzberry Crossing
4. Other landscaping standards: UDC 11-3B-8 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 permit (see Exhibit B, Conditions of Approval).
g. Conditional Use fuformation
1. Non-residential square footage: Maximum of 53,780 square feet
2. Building Height: L-O district allows a 35-foot maximum
3. Description of Uses: Office
4. Procurement of Certificates of Zoning Compliance will be required prior to submittal for
building permits.
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. Off-site parking proposed: N/ A
3. Percentage of interior parking as landscaping: Prior to issuance of any Certificates 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).
1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): All office lots
will take access from either East Star Drive or North Bright Angel Avenue, both public streets.
7. COMMENTS MEETING
On November 17, 2006, Planning Staffheld an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works
Department, and the Sanitary Services Company. No significant comments were received from any
agencies or departments. Staff has included all comments and recommended actions as Conditions of
Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use -
Neighborhood." fu Chapter VII of the Comprehensive Plan, this designation is defmed, in part, as an area
that is situated in higWy visible or transitioning parts of the City where innovative and flexible design
opportunities are encouraged. The MU-N district has an upper limit on the square footage of non-
Razzberry Crossing - MCU-06-004
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
residential uses and is intended to allow a focused range of uses in close proximity of residential uses
including, but not limited to, medical and dental clinics, churches, professional offices, drug stores,
laundromats, and salons. Staff recommends that the Commission and Council rely on any verbal or
written testimony that may be provided at the public hearing when determining the most appropriate zone
for this property.
The following Comprehensive Plan policies apply to this application (staff analysis in italics below
policy):
. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action item 5)
The applicant will be required to construct landscaping at the time of submittal for Cert!ficates of
Zoning Compliance for the office buildings. The 35-foot wide landscape bu:ffer has already been
installed adjacent to Locust Grove Road.
. "Permit new. . .commercial development only where urban services can be reasonably provided at
the time of final approval and development is contiguous to the City." (Chapter IV, Goal I,
Objective A, Action item 6)
The subject site can be serviced by the City o.f Meridian's sanitary sewer and water systems.
. Locate new community commercial areas on arterials or collectors near residential areas in such a
way as to complement with adjoining residential areas. (Chapter VII, Goal I, Objective B, Action
item 5)
The future office uses on these lots will be accessible internally by the residents of Razzberry
Crossing, Havasu Creek, and Alexandria Subdivision, and indirectly by passerbies from Locust
Grove Road. The structures on these lots will be required to be compatible in appearance with the
surrounding residential properties, as proposed with the elevations provided with the subject
application. .
Staff finds that the proposal is harmonious with and in accordance with the Comprehensive Plan.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC Table 11-2B-2 lists the uses, as permitted within the L~O
zoning district. However, the Applicant is limited to professional office uses, as proposed and
approved via AZ-003-034 / PP-03-039 / CUP-03-062.
b. Purpose Statement of Zone: The purpose ofthe Commercial Districts are 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.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
CONDITIONAL USE PERMIT MODIFICATION ANALYSIS: When Razzberry Crossing
was reviewed and approved by the City in 2004, a standard condition of approval for commercial
property that did not submit elevations, was to require detailed CUP in the future. Staff believes
that the subject CUP modification meets the intent of that requirement, as the applicant has
Razzberry Crossing - MCU-06-004
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
submitted elevations for these properties. Further, Staff is supportive of the subject request as the
City will be able to have some architectural control over what is constructed on the subj ect
properties, but Staff will not have to review and write a public hearing level report for each
individual building. Based on the policies and goals contained in the Comprehensive Plan and the
general compliance of the proposed development with the Unified Development Code, Staff
believes that a modification to the existing conditional use permit to eliminate the requirement for
detailed conditional use permit approval for these lots should be allowed. Please see Exhibit D for
detailed analysis of facts and findings.
Building Elevations/Construction Materials: The applicant has submitted pictures for the
existing office building already constructed on Lot 2, Block 1. Also submitted are sample
elevations for the potential buildings to be sited on Lots 1 & 2, Block 6. (See Exhibit A) No
elevations were submitted for the structure to be sited on Lot 1, Block 2. Any new structures on
this the aforementioned lots should be generally compatible in appearance and bulk with the
surrounding residential properties and the submitted elevations.
Certificate of Zoning Compliance: A Certificate of Zoning Compliance will be required for all
new construction on these lots. This enables Staff a detailed review of the site and ensures that the
development will comply with UDC standards prior to issuance of building permits.
b. Staff Recommendation: Based on the above analysis, staff finds the Conditional Use Permit
Modification (MCU) application substantially conforms to the Comprehensive Plan policies and
UDC standards. Staff recommends approval of MCU-06-004 subject to the conditions listed
in Exhibit B. On December 21. 2006. the Meridian Plannine and Zonin!! Commission voted
to approve the subject application.
11. EXHIBITS
A. Drawings
1. Vicinity Map
2. Plat of Razzberry Crossing Subdivision
3. Proposed Site Plan of Lots 1 & 2, Block 6
4. Elevations of Buildings on Lots 1 & 2, Block 6
5. Pictures of Building on Lot 2, Block 1
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Services Department
6. Parks Department
7. Ada County Highway District
C. Required Findings from Unified Development Code
Razzberry Crossing - MCU-06-004h
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
A. Drawings
1. Vicinity Map
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
2. Plat of Razzberry Crossing Subdivision
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3. Proposed Site Plan of Lots 1 & 2, Block 6
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4. Elevations of Buildings on Lots 1 & 2, Block 6
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5. Pictures of Building on Lot 2, Block I
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Site Specific Condition G-3 of AZ-03-034, requIDng each office~zoned lot to obtain CUP
approval, shall be deleted. The applicant shall comply with all other previous conditions of
approval for Razzberry Crossing Subdivision (AZ-03-034, PP-03-039, & FP-04-055) and all
applicable requirements of the original Conditional Use Permit (CUP-03-062) for this site.
1.2 All future uses on this site shall comply with the provisions of the Unified Development Code in
effect at the time of submittal for building permits.
1.3 The proj ect shall remain in substantial compliance with the conceptual site plans submitted with
CUP-03-062.
1.4 All future buildings on the subject site shall substantially comply with the elevations shown in
Exhibit A of the Staff Report. If it is determined that any of the buildings do not substantially
comply with the approved elevations, they shall be subject to Conditional Use Permit approvaL
1.5 No building or other structure shall be erected, moved, added to or structurally altered, nor shall
any building, structure, or land be established or changed in use without a Certificate of Zoning
Compliance (CZC).
1.6 All required improvements must be complete prior to obtaining Certificates of Occupancy.
Temporary Certificates 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 (e.g.,
landscaping, and irrigation). A bid from a licensed contractor must accompany any request for
temporary occupancy.
1.7 No signs are approved with this CUP application. All business signs require a separate sign
permit in compliance with the sign ordinance.
1.8 Staff's failure to cite specific ordinance provisions or terms of Razzberry Crossing's approved
Final Plat / Conditional Use does not relieve the applicant of responsibility for compliance.
1.9 The applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above.
2. PUBLIC WORKS DEPARTMENT
2.1 Applicant shall comply with all Public Works conditions of approval for Razzberry Crossing
Subdivision (AZ-03-034, PP-03-039, & FP-04-055).
2.2 All lots are currently serviceable and Public Works has no further comments on this application.
3. FIRE DEPARTMENT
3.1 All parking lots greater than 150 feet in length not provided with an outlet shall be required to
have an approved turn around.
3.2 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.
3.3 Commercial and office occupancies will require a fITe-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.4 Maintain a separation of 5' from the building to the dumpster enclosure.
3.5 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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
3.6 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.7 There shall be a fIre hydrant within 100' of all fIre department connections.
4. POLICE DEPARTMENT - No COMMENT
5. SANITARY SERVICES DEPARTMENT
5.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no concerns with the site design as submitted with the application.
7. ADACOUNTYHIGHWAYDISTRlCT
7.1 Forthcoming
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
C. Required Findings from Zoning Ordinance
1. Conditional Use Permit Findings:
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
A. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The future uses on the subj ect property shall meet all dimensional and development
regulations of the designated zoning district.
Parking stalls are required at the ratio of one space per 500 square feet of gross floor area in
conunercial districts (UDC 11 M3C-6).
Staff reconunends the Commission rely on Staffs analysis, and any oral or written public
testimony provided when determining if this site is large enough to acconunodate 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.
The Commission finds that the designation on the Comprehensive Plan for this property is
Mixed Use - Neighborhood. The subject properties are currently zoned L-O. The proposed
elevations and future uses are generally hannonious with the requirements of the UDC (see
Sections 8 and 10, above for more infonnation regarding the requirements for this use.)
C. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Commission finds that, if the applicant complies with the conditions outlined in this
report, the general design, construction, operation, and maintenance of the uses in this
development should be compatible with other uses in the general neighborhood and with the
existing and intended character of the area.
D. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Commission 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 fire protection, drainage
structures, refuse disposal, water, and sewer.
The Commission fmds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. Main line services to this site were previously
reviewed and approved with the Razzberry Crossing Subdivision development. The
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
Commission fmds that the proposed use will be served adequately by all of the public
facilities and services listed above.
F. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
G. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission recognizes that traffic and noise will increase with the approval of future
uses in this location; however, the Planning & Zoning Commission does not believe that the
amount generated will be detrimental to the general welfare of the public. The Commission
does not anticipate the future uses will create excessive noise, smoke, fumes, glare, or odors.
The Commission finds that the proposed uses will not be detrimental to people, property or
the general welfare of the area.
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 fmds that there should not be any health, safety or environmental problems associated
with this use proposal that should be brought to the Commission's attention. The Commission
finds that the proposed use will not result in the destruction, loss or damage of any natural,
scenic or historic feature of major importance.
Exhibit C