HomeMy WebLinkAboutFairview Lake Shopping Center, Phase II CUP-06-032
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
JAN 2 5 2007
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In the Matter of a Conditional Use Permit Request to Modify a Previously Approved
Conceptual Planned Development for Fairview Lakes / Devon Park Subdivisions, by
Fairview Lakes, LLC
Case No. CUP.06-032
For the Planning & Zoning Commission Hearing Date of: January 18, 2007 (Continued
from November 16, 2006)(Findings approved on February 1, 2007)
A. Findings of Fact
1. Hearing Facts (See attached Staff Report for the hearing date of January 18, 2007,
incorporated by reference)
2. Process Facts (See attached Staff Report for the hearing date of January 18, 2007,
incorporated by reference)
3. Application and Property Facts (See attached Staff Report for the hearing date of January
18, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (See attached Staff Report for the
hearing date ofJanuary 18, 2007, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. g67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. CUP-06-032
PAGE] of4
4. Due consideration has been given to the cornrnent(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Commission Chair and City Clerk and then a copy served by the
Clerk upon the applicant, the Planning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Site Plan and the Conditions of Approval in the
attached Staff Report for the hearing date of January 18,2007, incorporated by reference.
The conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code S II-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's CUP Site and Landscaping Plans, dated September 13, 2006, and
Elevations, also dated September 13, 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 January 18, 2007, incorporated by reference; and
3. The proposed plaza amenity shall function as a gathering place for people and shall
include a rock waterfall and pond coupled with seating, in lieu of a 17. by lO-foot
freestanding shelter; and
4. The applicant shall be required to provide Staff with detailed plans for the proposed
plaza amenity depicting a waterfall and pond, and the locations of seating and
landscaping planters. The Commission shall also review and approve said plans prior to
signature of the Findings of Fact and Conclusions of Law at the February 1, 2007,
Planning & Zoning Commission meeting.
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
CITY OF MERIDIAN fINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. CUP-06-032
PAGE 2 of4
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
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of January 18, 2007
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. CUP-06-032
PAGE 3 of4
By action of the Planning & Zoning Commission at its regular meeting held on the ! 1+
day of t(0rl1 aIr-, 2007.
COMMISSIONER STEVE SIDDOW A Y
~.....--
VOTED~
VOTED~
VOTED~
VOTED~
VOTED~
Q.1,,-----
COMMISSIONER MICHAEL ROHM
(Chair)
COMMISSIONER DAVID MOE
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER KEITH BORUP
Attest:
CHA
~ _ SEAL -
ara Green, Deputy City C4.er~ ~ ,,f f
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.................. ~JNT'f . i:> """....
Copy served upon Applicant, l'ffa,;r,\m.nin~fDepartment, Public Works Department and City
Attorney.
By:
City Clerk
ShaA~u '#~
Dated: D2--oo--t.) 7
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. CUP-06-032
PAGE 4 of 4
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 18, 2007
TO:
FROM:
SUBJECT:
RE(~EIVED !
1/18/2007 JAN 2 5 2007 &~' "
11/16/2006 City OfMeric!i~U ,/'UfVOF~' '~,
City Clerk O~Lcriditl11. - \~
PI . & Z' Il)AHO ,~
anmng oning Comnussion . , . .
STAFF REPORT
Hearing Date:
Continued From:
Amanda Hess, Associate Planner
Fairview Lakes Shopping Center, Phase II
. CUP-06-032
Conditional Use Pennit to modify a previously approved conceptual planned
development for Fairview Lakes / Devon Park Subdivisions, by Fairview
Lakes, LLC
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,II
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Pairview Lakes, LLC, has applied for a conditional use permit (CUP) approval to
modify the conceptual planned development (PD) for Pairview Lakes / Devon Park Subdivisions. The
proposed changes to the PD affect the portion of Fairview Lakes located northeast of the North Lakes
Place / Fairview Avenue intersection on Lot 3 & 4, Block 3, of the Devon Park Subdivision No.1 in
Section 6, Township 3 North, Range 1 East, B.M.
The subject application proposes a new development plan for all of Lot 4, Block 3, Devon Park
Subdivision No.1. The applicant has submitted two concept/development plans for Lot 3, Block 3. The
first depicts a 2,275 square-foot structure with a drive-through window. The second shows a 4,320
square-foot structure where no drive-through is proposed. The applicant seeks approval for both plans, as
the future use of Lot 3, Block 3, is unknown at this time.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP application below. Staff recommends
approval of CUP-06-032 for Fairview Lakes Shopping Center, Phase II, as presented in the Staff
Report for the hearing date of January 18, 2007, subject to the conditions listed in Exhibit B. This
item was on the November 16.2006 and January 18. 2007 Plannine & Zonine Commission aeendas.
On January 18. 2007. the Meridian Plannine & Zonine Commission voted to approve the subiect
application.
a. Summary of Public Hearines:
i. In favor: Doug Tamura (Applicant's Reoresentative)
ii. In opposition: None
111. Commenting: None
lV. Staff presentinl! application: Amanda Hess
v. Other staff commentinl;!: on application: Michael Cole
b. Key Issues of Discussion by Commission:
i. The proposed on-site amenity
c. Key Commission Chanl!es to Staff Recommendation:
i. The plaza area shall include a waterfall and pond in lieu of a freestandinl! shelter
NOTE: The Commission voted to review and approve the plans for the plaza area
prior to sienature of the Findines of Fact and Conclusions of Law at the February 1.
2007. Plannine & Zonine Commission meetioe.
Fairview Lakes Shopping Center, Phase II (CUP-06-032) - Page]
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY] 8,2007
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-06-
032 as presented in the staff report for the hearing of January 18, 2007, 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 Cormnission hearing on February 1, 2007.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-06-032
as presented during the hearing of January 18, 2007, 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
findings document to be considered at the next Planning and Cormnission hearing on February 1,
2007.
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number CUP.06-
032 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:
920 -1020 E. Fairview Avenue
Meridian, ID 83642
Section 6, T3N R1E
b. Owner / Applicant:
Fairview Lakes, LLC
1124 Santa Maria
Boise, ID 83712
c. Representative: Doug Tamura
d. Present Zoning: C-G
e. Present Comprehensive Plan Designation: Mixed Use - Community
f. Description of Applicant's Request:
1. Date of CUP Site Plans (See Exhibit A): September 13, 2006
2. Date of CUP Landscape Plan (See Exhibit A): September 13, 2006
3. Date of Building Elevations (See Exhibit A): September 13,2006
5. PROCESS FACTS
a. The subject application will in fact constitute a conditional use as determined by City Ordinance.
By reason of the provisions of UDC 11-5B-6, a public hearing is required before the City Council
on this matter.
b. Newspaper notifications published on: October 30, 2006, and November 13, 2006
Fairview Lakes Shopping Center, Phase 11 (CUP-06-032) - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY ]8,2007
c. Radius notices mailed to properties within 300 feet on: October 20, 2006
d. Applicant posted notice on site by: December 26, 2005
6. LAND USE
a. Existing Land U see s): Vacant
b. Description of Character of Surrounding Area: Single family residences to the northeast and
commercial properties to the northwest, west, and south.
c. Adjacent Land Use and Zoning
1. North: Commercial, zoned C-N, & Residential, zoned R-8
2. South: Commercial, zoned C-G & R-8
3. East: Commercial, zoned C-G, & Residential, zoned R-8
4. West: Commercial, zoned C-G
d. History of Previous Actions:
The original Fairview Lakes PD (CUP-02-014) included the conceptual approval of 114,500
square feet of commercial and 15,000 square feet of office space, and detailed approval for 192
apartment units. In 2003, the fIrst modifIcation to the conceptual PD (CUP-03-014) included the
approval of 122,000 square feet of commercial and 52,250 square feet of offIce space, and detailed
approval for 96 apartment units. Also in 2003, a second modifIcation to the conceptual PD (CUP-
03-054) increased the office component by approximately 35,000 square feet and reduced the
commercial/retail component by approximately 18,000 square feet.
In 2004, CUP-04-049, a detailed CUP, granted approval for the construction of four commercial
buildings, totaling approximately 25,600 square feet of retail space, on two platted lots, Lot 1 and
a portion of Lot 4, Block 3, Devon Park Subdivision No.1. Banner Bank has already been
constructed on said Lot 1.
In 2005, CUP-05-035, a detailed CUP, granted approval for the construction of a restaurant,
totaling approximately 4,200 square feet, on Lot 2, Block 3, Devon Park Subdivision. Said Lot 2
now hosts Smoky Mountain Pizza.
The subject application, also a detailed CUP, proposes a new concept for all of Lot 4, Block 3,
Devon Park Subdivision No.1. This new plan for Lot 4, Block 3, will replace that portion
previously approved through CUP-04-049.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: There are existing mains in E. Carol Street, and in the interior of this
project that were installed with previous development on this site.
Location of water: There are existing mains in E. Carol Street, and in the interior of this
project that were installed with previous development on this site.
Issues or concems: None
2. Vegetation: N/A
3. Floodplain: N/A
4. Canals I Ditches I Irrigation: Flume Canal. It has been tiled.
5. Hazards: N/A
Fairview Lakes Shopping Center, Phase II (CUP-06-032) - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 18,2007
6. Existing Zoning: C-G
7. Size of Property: 6.8 acres
f. Landscaping:
1. Width of street buffer(s): Twenty-five feet (25') of landscape buffer required on Fairview
Avenue, an arterial road. The applicant proposed 30 feet along Fairview during the detailed
CUP processes for Lots I & 2, Block 3. The applicant has already installed the 30 feet of
landscaping along Fairview Avenue for Lot 3, Block 3.
2. Width of buffers between land uses: Twenty-five feet (25') of landscape buffer required
between the subject property, zoned C-G, and the residential subdivision to the north and
east, Settlers Village Re-subdivision, zoned R-8. The applicant has proposed to install 20
feet of landscaping to buffer the commercial district from the residential. See Analysis
below for more information.
3. Percentage oflandscaped area: -15% (45,000 sq. ft.)
4. Other landscaping standards: UDC ll-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 pennit (see Exhibit B, Conditions of Approval).
g. Conditional Use Information
1. Non-residential square footage: Maximum of 53,780 square feet
2. Building Height: Ranges between 14 feet and 27 feet
3. Description of Uses: Commercial Retail & Restaurant
4. Because the applicant has submitted detailed plans for the subject development, procurement
of Certificates of Zoning Compliance will only be required prior to submittal for building
pennits.
h. Off-Street Parking (Non-Residential Uses):
1. Parking spaces required: UDC ll-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: 224 Standard Stalls + 20 Handicapped Stalls
3. Compact spaces proposed: 0
4. Off~site parking proposed: N/ A
5. 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.): There are three
proposed driveway accesses to the subject development. One located on Fairview Avenue, exactly
500 feet from the North Lakes / Fairview intersection. The other two driveways, from North Lakes
Avenue, are located approximately 200 feet and 340 feet north from said intersection.
7. COMMENTS MEETING
On October 27, 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
Fairview Lakes Shopping Center, Phase II (CUP-06-032) - Page 4
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 18, 2007
Company. Staff has included comments, conditions and recommended actions in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use - Community" on the Comprehensive Plan Future Land Use
Map. In Chapter VII of the Comprehensive Plan, "Mixed Use" areas are anticipated to provide a
combination of land uses under a master of conceptual plan including, but not limited to, retail, office
professional, and/or residential uses. Staff fmds the following Comprehensive Plan policies to be
applicable to this property and apply to the proposed development (staff analysis in italics):
. Require that development projects have planned for the provision of all public services. (Chapter
VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the subject
property. The City of Meridian plans to provide municipal services to the lands in the following
manner:
. Sanitary sewer and water service will be extended to the project at the developer's expense.
. The subject lands currently lie within the jurisdiction of the Meridian City Fire Department,
who currently shares resource and personnel with the Meridian Rural Fire Department.
. The subject lands will be serviced by the Meridian Police Department (MPD).
. The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD) and lTD. This service will not change.
. The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
. The subject lands are currently serviced by the Meridian Library District. This service will
not change and the Meridian Library District should suffer no revenue loss.
Municipal, fee-supported, services will be provided to this site by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water Department, the
Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action 5)
Staff is conditioning approval of the subject CUP upon the applicant installing and maintaining
landscaping on this site. Refer to the CUP Analysis, Section 10, for more information on
landscaping at this site.
. "Require appropriate landscape and buffers along transportation corridors (setback, vegetation,
low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4)
A 25-foot wide landscape buffer is typically required for C-G zoned properties which are located
on arterial streets. The applicant has proposed a 30-foot landscape buffer on the subject site,
which exceeds said requirement.
. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII,
Goal 1 , Objective B)
Staff believes that the proposal will contribute to the variety of uses in this area.
9. ZONING ORDINANCE
Fairview Lakes Shopping Center, Phase II (CUP-06-032) - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 18, 2007
a. Zoning Schedule of Use Control: UDC ll-2B-2 lists retail shops and restaurants as Permitted /
Uses in the C-G zone. UDC ll-SB-l requires that Certificates of Zoning Compliance be obtained
prior to commencement of said types of uses in order to ensure compliance with all applicable
provisions of the UDC.
b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses
which are customarily operated or almost entirely within a building; to provide for a review of the
impact of proposed commercial uses which are auto and service oriented and are located in close
proximity to major highway or arterial streets; to fulfill the need of travel-related services, as well
as retail sales for the transient and permanent motoring public.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed
site design as presented in the CUP site plans, labeled as sheets A1.0A & Al.OB, and dated
September 13, 2006; the proposed landscape plan, labeled as sheet L1.0, and dated September 13,
2006; and the proposed building elevations depicted on sheet A5.0, and dated September 13, 2006,
with the following comments:
Access: There are three proposed access points to the proposed Fairview Lakes Shopping Center.
The first is a full access driveway from / to Fairview Avenue, located approximately 500 feet east
of the North Lakes / Fairview intersection. The applicant has also provided two accesses from
North Lakes Avenue located approximately 200 and 340 feet north from said intersection. Staff is
supportive of the proposed cross access with the property to the east, Dirty Harry's Car Wash.
Landscaping: The applicant has proposed approximately 45,000 square feet of landscaped area
including, but not limited to, the 30-foot landscape buffer on Fairview Avenue. Although, this
amount includes that already approved and installed on Lots 1 & 2, Block 3. Said lots are not part
ofthe subject application.
The applicant has provided planter islands within the parking lot. Ten-foot wide parkway planters
are proposed along the western boundary of Lot 4, Block 3. Twenty-foot wide landscaping buffers
are proposed at the northeast boundary of Lot 4, which abuts a residential district. However, UDC
11-2B-3 requires a minimum of 25-feet of landscaping buffer between residential and commercial
uses. Therefore, the applicant should be required to construct a 25-foot wide landscape buffer
along portions of the east and north property lines. Landscaping within the land use buffers should
be installed in accordance with UDC 11-3B-9C.
Amenities: As per the conditions of approval for the Fairview Lakes Planned Development
(CUP-02-0l4), the Applicant was required to supply two (2) amenities on site. The first, a lO-foot
wide pedestrian pathway which runs throughout the entire Fairview Lakes project, has already
been constructed with the previous phases of development. The second amenity is proposed on the
subject site, a public gathering area / plaza to be located in front of Retail Building 3. (See Exhibit
A-2)
A plaza is typically defined as an open area which is usually located near urban buildings and
often featuring walkways, trees and shrubs, and places to sit. The plaza is usually roofed; however,
open on the sides. The applicant's site and landscaping plans do not depict this. Staff has included
a condition that requires the plaza area to be improved with a 17- by lO-foot [minimum]
freestanding shelter, a minimum of two outdoor benches, and additional landscaping planters.
Staff recommends that the applicant provide details on the proposed plaza area at the public
hearing.
Parking: The applicant is proposing to construct 244 parking stalls. Only 108 parking stalls are
required by Ordinance. UDC Table 11-3C-l requires 90-degree parking stalls to be 19-feet long,
Fairview Lakes Shopping Center, Phase II (CUP-06-032) - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 18,2007
adjacent to 25-foot wide drive aisles. 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. When a bumper overhangs
onto a sidewalk or landscape area, parking stall dimensions may be reduced two feet (2') in
length if two feet (2') is added to the width of the sidewalk or landscaped area (DDC 11-3C-
5B4). Several parking stalls within the proposed development do not meet this requirement.
Drive-Through Design: UDC llA-3.l1 states that "a site plan shall be submitted that
demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent
properties." At a minimum, the site plan shall demonstrate compliance with the following
standards:
. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons;
. The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking;
. The stacking lane shall not be located within ten feet (10') of any residential district or
existing residence; and
. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape
lane.
Staff is generally supportive of the drive-through configurations, but believes the following
modifications are warranted: 1) The drive-through stacking lane on Lot 4 requires an escape lane,
as the lane totals over 175 feet in length; 2) The landscape planter on Lot 3, Block 3, should
extend into the stacking lane at the exit point of the drive-though to better funnel traffic out of the
drive-through; and 3) Directional signs should be installed at all drive-though exit points.
Building Elevations: The building elevations prepared by Doug Tamura, Architect, Sheet
Number A5.0 and dated September 13, 2006, are approved by staff, as they comply with the
Design Review standards outlined in UDC 11-3A-19.
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (Czq
permit is to ensure that all construction, alterations and/or the establislnnent of a new use complies
with all of the provisions of the UDC before any work on the structure is started and/or the use is
established (UDC 11-5B-IA). To ensure that all of the conditions of approval listed in Exhibit B
are complied with, the applicant 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 approval of CUP-06-032 for the Fairview Lakes
Shopping Center, Phase II, as presented during the hearing of January 18, 2007. based on
the Findings of Fact listed in Exhibit C, and subject to the conditions of approval listed in
Exhibit B. On January 18. 2007. the Meridian Planmn!! & Zonin!! Commission voted to
approve the subject application.
11. EXHmITS
A Drawings
1. Vicinity Map
2. CUP Site Plan A (Dated September 13, 2006)
3. CUP Site Plan B (Dated September 13, 2006)
4. Landscape Plan (Dated September 13, 2006)
5. Building Elevations (Dated September 13, 2006)
B. Conditions of Approval
Fairview Lakes Shopping Center, Phase II (CUP-06-032) - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 18,2007
1. Plarming Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Services Company
7. Ada County Highway District
8. Central District Health Department
9. Idaho Power
C. Required Findings from Unified Development Code
Fairview Lakes Shopping Center, Phase II (CUP-06-032) - Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY] 8,2007
A. Drawings
1. Vicinity Map
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFf REPORT FOR THE HEARING DATE OF JANUARY] 8, 2007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 18,2007
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY] 8, 2007
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all previous and applicable requirements of the site associated
with approval for Annexation / Rezone (AZ-02-011), Conditional Use (CUP-05-035, CUP-04-
049, CUP-03~055, CUP-03-054, CUP-03-014, & CUP-02-014), Preliminary Plats (PP-02-034),
Final Plats (FP-03-033), and Miscellaneous (MI-02-008, MI-03-003, & MI-03-007) for the
Devon Park Subdivision
1.2 The Site Plans, labeled Sheets A1.0A & AI.OB, prepared by Doug Tamura, Architect, and dated
September 13, 2006, are approved subject to the conditions listed herein. Detailed site plans shall
be submitted with each Certificate of Zoning Compliance application for each building within the
subj ect development.
1.3 The Landscape Plan, labeled Sheet Ll.O, prepared by Doug Tamura, Architect, and dated
September 13, 2006, is approved subject to the conditions listed herein. Detailed landscape plans
shall be submitted with each Certificate of Zoning Compliance application for each building
within the subject development.
1.4 The applicant shall provide a plaza / public gathering area to be located in front of Retail Building
3. The proposed plaza amenitv shall function as a 2:athering place for people and shall include a
rock waterfall and pond (to be roughly twice the size of the waterfall adiacent to Smokv
Mountain Pizza) with associated seating.
1.5 The applicant shall be required to provide Staff with detailed plans for the proposed plaza
amenity depicting the 17 by 10 f-oot eovered seating area rock waterfall and pond, and location
of seating and landscaping planters. The Commission shall review and approve said plans prior to
signature of the Findings of Fact and Conclusions of Law at the February L 2007. Planning &
Zoning Commission meeting. The plaza amenity shall be constructed prior to occupancy of the
first building in this phase.
1.6 UDC 11-3C-5 requires all 90 parking stalls to be, at minimum, nine feet (9') wide by nineteen
feet (19') deep. When a bumper overhangs onto a sidewalk or landscape area, said parking stall
dimensions may be reduced two feet (2') in length if two feet (2') is added to the width of the
sidewalk or landscaped area. Several parking stalls within the proposed development do not meet
this requirement; revise plan accordingly.
1.7 Construct an escape lane for the drive-through located on Lot 4, Block 3.
1.8 Increase the width of the landscaping buffer to the east of the drive-through exit on Lot 3, Block
3. The applicant shall work with Staff to arrive at a suitable design.
1.9 On Lot 4, Block 3, install a "Do Not Enter" sign within the landscape planter at the west property
boundary. Said sign shall face south to prevent traffic from entering the drive through from the
wrong direction.
1.10 On Lot 4, Block 3, install a "Yield" sign within the landscape buffer immediately west of the
drive-through. Said sign shall face north to indicate to drive-through users that parking lot traffic
has the right of way.
1.11 On Lot 3, Block 3, install a "Do Not Enter" sign within the landscape planter at the east property
boundary. Said sign shall face north to better prevent traffic from entering the drive through from
the wrong direction.
1.12 Per UDC 11-3B-8C-2a, all parking lot landscape planters shall not be less than five feet (5') in
any dimension, measured inside curbs.
Exhibit B
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY] 8, 2007
1.13 Construct a minimum 25-foot wide land use buffers along the northeast property boundary, where
they abut a residential zoning district. Construct said buffers in accordance with UDC ll-3B-9C.
The land use buffers shall function as barriers where trees canopies will touch at the time of
maturity. Provide landscape materials along said westem boundary that will meet this
requirement.
1.14 Sidewalks/walkways shall be installed within the development as proposed, and in accordance
with UDC 11-3A-17.
1.15 The applicant shall comply with the outdoor lighting standards shown in UDC ll-3A-11.
1.16 The elevations, labeled Sheet A5.0, prepared by Doug Tamura, Architect, and dated September
13, 2006, are approved. Detailed elevations shall be submitted with each Certificate of Zoning
Compliance application for individual retail uses within the subject development.
1.17 To ensure that the conditions of approval for CUP-06-032 are complied with, the applicant shall
be required to obtain Certificates of Zoning Compliance (CZCs) from the Planning Department
prior to construction of building shells.
1.18 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.
1.19 No signs are approved with this CUP application. All business signs require a separate sign
pennit in compliance with the sign ordinance.
1.20 Staffs failure to cite specific ordinance provisions or terms of Devon Park's approved Final Plat /
Conditional Use does not relieve the applicant of responsibility for compliance.
1.21 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 service to this development is being proposed via existing sewer stubs to the
property. The applicant shall install any mains necessary to provide service; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub~grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of existing mains and services. The
applicant shall be responsible to install all water mains necessary to serve this development,
coordinate main size and routing with Public Works.
2.3 The applicant shall coordinate fire hydrant placement with the Public Works Department during
plan review.
2.4 During plan review a looped system may be required to achieve adequate fire flows.
2.5 There shall be a 10-foot separation between all water mains and the high water mark of any
drainage swale.
2.6 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).
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 18,2007
2.7 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.
2.8 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process.
2.9 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.
2.10 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.11 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Army Corps of Engineers.
2.12 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria.
3.2 Final Approval 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 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 shall have a turning radius of28' 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.
3.5 Commercial 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.
3.6 The commercial lots will have an unknown transient population and will have an unknown impact on
Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612
responses in the year 2004. According to a report completed by Fire & Emergency Services
Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by
the year 2010.
3.7 Maintain a separation of 5' from the building to the dumpster enclosure.
3.8 Provide a Knox box entry system for the complex prior to occupancy.
3.9 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).
3.1 0 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the Intemational Fire Code.
Exhibit B
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARlNG DATE OF JANUARY] 8, 2007
3.11 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.12 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 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
3.13 There shall be a fire hydrant within 100' of all Fire Department connections. Additional hydrants
shall be installed to meet this requirement, if necessary.
3.14 Addressing signs for the proposed development shall he provided at the driveway access located
approximately 500 feet east of the North Lakes I Fairview Avenue intersection and the driveway
access located approximately 200 feet north of the North Lakes I Fairview Avenue intersection.
4. POLICE DEPARTMENT
4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed three feet in height.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concems with the site design as submitted with the application.
6. SANITARY SERVICES
6.1 Prior to issuance of Certificates of Zoning Compliance, the applicant shall submit an approved
site plan from SSC.
6.2 Waste Enclosure Access: The applicant shall provide drive-on capability for 6- and 8-cubic yard
containers. Allow a minimum of 6O-foot frontal clearance for such containers.
6.3 Waste Enclosure Locations: There is a concem that the enclosures are not located to minimize
service vehicle backing-up requirements. Large waste vehicles have blind spots when backing up
is required. Ninety-eight percent of waste vehicle accidents occur when backing-up. Please
contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing.
6.4 Enclosure Numbers and I or Capacity: There is a concern that you have not provided enough
enclosures to meet waste generation points and volumes that may be generated by the proposed
development. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to
issuance of the Certificates of Zoning Compliance.
6.5 Waste Enclosure Aprons: The applicant shall provide an 8 ft. concrete apron in front of all waste
enclosures greater than 6 and I or 8 cubic yards.
6.6 Waste Enclosure Gate Locks: The applicant shall provide gate locks for both open and closed
positions.
6.7 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 irrunediately to discuss the changes and how to proceed with the revised
site plan.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY ]8,2007
6.8 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
applications.
7. ADA COUNTY BIGHWAYDISTRICT
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL (F AlRVIEW LAKES SHOPPING CENTER)
7.1.1 Prior to final approval, you will need to submit plans to the ACHD Development Review
Department.
7.1.2 A traffic impact fee will 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 infonnation regarding
impact fees.
7.2 SITE SPECIFIC CONDITIONS OF APPROVAL (DEVON PARK SUBDIVISION)
7.2.1 The applicant shall do one of the following:
a. Dedicate, by donation, an additional 5-feet of right-of-way along Fairview Avenue, and
construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a
minimum of 53 feet from the centerline ofthe right-of-way;
b. Do not dedicate additional right-of-way, bur construct a minimum 5-foot wide concrete
sidewalk along Fairview Avenue, located a minimum of 53 feet from the centerline of the
right-of-way, in an easement provided to the District.; or
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way.
Accomplish all necessary adjustment to properly accommodate existing drainage and
utilities.
7.2.2 Construct and install the signal and any related roadway improvements that are necessary for the
proposed signal at the intersection of Faitview Avenue and the commercial/industrial roadway that
extends north into the site.
7.2.3 Construct a commercial / industrial roadway that intersects with Fairview Avenue 310 feet east of the
west property line, as proposed.
7.2.4 Construct the internal roadways as 40~foot street sections with curb, gutter, and 5-foot concrete
sidewalk within 54 feet of right-of-way, as proposed. The portion of the commercial/industrial
roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage.
7.2.5 Construct a 30-foot wide driveway to intersect Fairview Avenue approximately 205 feet west of the
east property line, as proposed.
7.2.6 Construct a 25-foot wide driveway to intersect the commercial/industrial roadway approximately 54
feet north of Fairview Avenue, as proposed.
7.2.7 Construct two, 17-foot wide driveways to intersect eh commercial/industrial roadway
approximately 175 feet north ofPairview Avenue, as proposed.
7.2.8 Construct a 21-foot wide driveway to intersect the commercial/industrial roadway approximately
235 feet north ofPairview Avenue, as proposed.
7.2.9 Construct a 22-foot wide driveway to intersect the commercial/industrial roadway that extends
north approximately 580 feet north ofFairview Avenue, as proposed.
7.2.10 Construct a driveway with a maximum width of 35 feet to extend directly north of the commercial /
industrial roadway and proposed to intersect the northern portion of the cul-de-sac.
7.2.11 Construct a 27-foot wide driveway to intersect the commercial/industrial roadway that runs east and
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 18,2007
west and is proposed to be located approximately 50 feet east of the commercial/industrial roadway
that extends from Fairview Avenue to the north, as proposed.
7.2.12 Construct a 20-foot wide driveway to intersect the commercial/industrial roadway that runs east
and west and is proposed to be located approximately 255 east of the commercial/industrial
roadway that extends from Fairview Avenue to the north, as proposed.
7.2.13 Construct a 25-foot side driveway to intersect the commercial/industrial roadway that runs east
and west and is proposed to be located approximately 430 feet east of the commercial/industrial
roadway that extends from Fairview Avenue to the north, as proposed.
7.2.14 Construct a 30-foot wide
7.2.15 Construct a 30-foot driveway located on the west side of the commercial/industrial roadway just
north of the proposed roundabout, as proposed.
7.2.16 Construct a 30-foot driveway located on the east side of the commercial/industrial roadway
approximately 160 feet north of the proposed roundabout, as proposed.
7.2.17 Construct a 30-foot driveway located on the west side of the commercial/industrial roadway
approximately 160 feet north of the proposed roundabout, as proposed.
7.2.18 Pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement
of the roadway and install pavement tapers with l5-foot radii abutting the existing roadway edge.
7.2.19 Extend Teare Avenue as a 40-foot street section with curb, gutter, and 5-foot concrete sidewalk
within 54 feet of right-of-way, as proposed.
7.2.20 Terminate Clarene Street at its current location and construct bollards for emergency access only,
as proposed.
7.2.21 Enter into license agreement for the maintenance of the hammerhead turnaround on Clarene
Street due to the fact that the District with be unable to access the turnaround.
7.2.22 Provide a permanent "hammerhead" easement to the District at the terminus of the commercial /
industrial roadway and provide documentation to the District showing that this configuration has
been reviewed and approved by the Meridian Fire Department.
7.2.23 Construct a roundabout within the commercial / indust4rial roadway approximately 530 feet north
of Fairview Avenue. Design the roundabout with a minimum of 21-foot street sections on either
side of the center island. Dedicate sufficient right-of-way on either side of the island. Coordinate
the size and design of the roundabout with traffic services staff.
7.2.24 Comply with all Standard Conditions of Approval.
7 .3 STANDARD CONDITIONS OF APPROVAL (DEVON PARK SUBDIVISION)
7.3.2 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.3.3 All utility relation costs associates with improving street frontages abutting the site shall be borne by
the developer.
7.3.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.3.5 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
Exhibit B
"'i
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 18,2007
7.3.6 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.
7.3.7 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.3.8 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 hnpact Fee Ordinance.
7.3.9 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.3.10 No change in the terms 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.
7.3.11 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the 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.
8. CENTRAL DISTRICT HEALTH DEPARTMENT
8.1 The applicant shall be required to submit for plan review for any of the following uses:
a. Food establislunents;
b. Beverage establislunents; and
c. Grocery stores.
9. IDAHO POWER
9.1 Idaho Power may possible need to upgrade existing infrastructure in order to provide electrical
services to this development. The applicant should contact the local Idaho Power Company
Operations Center with a formal request for service.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 18,2007
C. Required Findings from Unified Development Code
1. Conditional Use Permit Findings:
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
a. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The proposed buildings and drive~through windows on this site can accommodate and meet all
dimensional and development regulations of this District. The Commission fmds that the subject
property is large enough to accommodate the required setbacks, parking, landscaping, and other
features required by Ordinance. The Commission should rely on Staff's analysis, and any oral or
written public testimony provided when determining if this site is large enough to accommodate the
proposed uses.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission finds that the designated Comprehensive Plan designation for this property is
"Mixed Use Community." The proposed uses are generally harmonious with the requirements of
the UDC and the Comprehensive Plan. (See Sections 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.
The Commission finds that, if the applicant complies with the conditions outlined in the Staff
Report, the general design, construction, operation, and maintenance of retail/restaurant structures
and drive-through windows 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 fmds that, if the applicant complies with the conditions outlined in the Staff
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 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, The Commission finds that the proposed
uses will be served adequately by all ofthe public facilities and services listed above.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 18,2007
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 ofthe community.
If approved, the applicant will be fmancing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed uses will not be detrimental to the community's economic welfare.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission recognizes that traffic and noise will increase with the approval of a commercial
development in this location; however, staff does not believe that the amount generated will be
detrimental to the general welfare of the public. The Commission does not anticipate the proposed
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 finds that there should not be any health, safety or envirorunental problems associated with the
proposed uses that should be brought to the Commission's attention. Therefore, The Commission
finds that the proposed uses will not result in the destruction, loss or damage of any natural, scenic
or historic feature of major importance.
Exhibit C