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HomeMy WebLinkAboutStaff Comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007 TO: FROM: SUBJECT: Planning & Zoning Commission Amanda Hess, Associate Planner -R): -::i': (-" '1"-1'J""-." TIi' ]"-, -, ,J,."q" ,j, ._J, _",n,'.i. "L-. APR 1 i 2007 l CicyOfMcrich8.L "~'" tjjty Clerk Office 1tl c:::::JvGriditl11 - ,~.\~\ \ ILMHO STAFF REPORT Hearing Date: 4/19/2007 Continued From: 3/112007 & 2/15/2007 Jamaica Me Tan . CUP-07-001 Conditional Use Penmt for an 11,000 square foot, multi-tenant commercial retail building, by Darren Blaser. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Darren Blaser, is requesting Conditional Use Penmt (CUP) approval to construct an 11,000 square foot, multi-tenant retail building. Jamaica Me Tan is proposed to be one of eight (8) businesses housed within the subject building. The site totals 0.75 acres and is located on Lot 3, Block 1, of the Mallane Subdivision (PP.00-021, FP-03-001). The subject property is generally located on the north side of Fairview Avenue approximately Yz a mile west of Eagle Road and is currently zoned C-G (General Retail and Service Commercial). A Conditional Use Penmt would typically not be required for this project, as retail uses are principally pennitted in the C-G district. However, per the conditions of final plat approval, all development within Mallane must obtain Conditional Use Penmt (CUP) approval prior to submittal of a Certificate of Zoning Compliance application. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-07-001 for Jamaica Me Tan, as presented in the Staff Report for the hearing date of April 19, 2007, subject 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-07- 001, as presented in the staff report for the hearing date of April 19, 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 PlalUling and Zoning Commission hearing on May 3,2007. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-07-001, as presented during the hearing on April 19, 2007, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on May 3, 2007. Continuance Jamaica Me Tan Retail Building - CUP.07-001 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007 After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 07-001 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: North ofE. Fairview Avenue / West of Hickory Way Lot 3, Block 1, Mallane Subdivision Section 5, T3N, RIE b. Owner: M & L Limited Partnership 483 W Oakhampton Drive Meridian, ill 83646 c. Applicant / Contact: Darren Blaser 1955 N. Prestwick Way Eagle, ill 83616 d. Present Zoning: C-G e. Present Comprehensive Plan Designation: Commercial f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to construct an 11,000 square foot commercial retail building. The proposed building is located on Lot 3, Block 1, Mallane Subdivision. 1. Date of Site & Landscape Plan / Building Elevations (Exhibit A): November 7,2006 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use per the [mal plat conditions of approval for this site. By reason of the provisions of UDC 11-5B-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: January 29,2007; February 12, 2007 c. Radius notices mailed to properties within 300 feet on: January 19, 2007 d. Applicant posted notice on site by: February 5,2007 6. LAND USE a. Existing Land U se( s) : Vacant. b. Description of Character of Surrounding Area: This area is rapidly transltlOning into a commercial area. There are various other commercial uses that exist or are being proposed by others to the north and east of the subject site. c. Adjacent Land Use and Zoning 1. North: Offices, zoned L-O 2. East: Commercial/ Retail, zoned C-G Jamaica Me Tan Retail Building - CUP-07-001 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007 3. South: Commercial, zoned C-G; Industrial, zoned I-L 4. West: Vacant, zoned RUT in Ada County d. History of Previous Actions: Mallane Subdivision is a re-subdivision of the Angel Park development. In 2001, City Council granted preliminary plat approval five (5) buildable lots within the L.O zoning designation. The final plat for Mallane was approved in February 2003. Also in 2003, Council approved rezoning of approximately 7 acres ofthe subdivision from L-O to C-G. The commercial lots include Lots 1-3 & 5, Block 1, Mallane Subdivision. The zoning for Lot 4 remained L-O to provide buffering between adjoining residential properties to the northwest and the commercial development. Louie's restaurant is sited on Lot 2. On Lot 5 sits a 5,400 square foot, multi-tenant professional office and retail structure. The subject application proposes development on Lot 3, Block 1. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extended to this lot with Mallane Subdivision. Location of water: Extended to this lot with Mallane Subdivision. Issues or concerns: None. 2. Vegetation: N/ A 3. Floodplain: N/ A 4. Canals/Ditches Irrigation: N/ A 5. Hazards: N/A 6. Existing Zoning: C-G 7. Lot Size: 0.75 acres f. Conditional Use Information: 1. Non-residential square footage: 11,000 square feet 2. Proposed maximum building height: 27 feet (see Exhibit A - Building Elevations) 3. Number of residential units: 0 4. Proposed Hours of Operation: 9:00 a.m. to 9:00 p.m. g. Off-Street Parking: 1. Parking spaces required: 22 2. Parking spaces proposed: 24 3. Compact spaces proposed: 0 h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the subject site will be from the extension of internal drive aisles that connect to previously approved access points to Fairview Avenue and Hickory Way to the north and east. The Applicant appears to be in compliance with the conditions set forth in the approved [mal plat for Mallane Subdivision. The Applicant is also proposing to construct a new driveway to Fairview Avenue located near the west property line. A majority of this proposed shared driveway is on the County-zoned parcel. Jamaica Me Tan Retail Building - CUP-07-00l PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007 Staff is generally supportive of the access points and parking lot design, provided ACHD approves the location of the shared driveway to Fairview Avenue and that a cross-access agreement is recorded that allows both this property and the property to the west access to the proposed driveway. 7. COMMENTS MEETING On January 26,2007, ajoint agency and departments meeting was held with service providers in this area. The agencies and departments present included: 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 The 2002 Comprehensive Plan Future Land Use Map designates the subject property as 'Commercial'. 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. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff finds that the request generally conforms to this stated purpose and intent of the commercial designation within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): · "Pennit 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 of Meridian's sanitary sewer and water systems. · "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. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1 , Objective B) Once fully occupied, Staff believes that the proposed multi-tenant retail building will contribute to the variety of uses in this area. Staff believes that the proposed multi-tenant retail shell is consistent with the Comprehensive Plan and the previously approved applications for this site. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11.2B-2 lists the pennitted, accessory, and conditional uses in the C-G zoning district. Retail stores are a principally pennitted use in the C- G zone. Per Mallane Subdivision, all uses on this site require CUP approval. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Jamaica Me Tan Retail Building - CUP-07-001 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007 c. General Standards: No dimensional modifications are being requested for the proposed development; full compliance with the UDC is required. 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 plan, labeled Sheet 1 and dated November 7, 2006, and the landscaping as proposed, with the following comments: Final Plat Requirements: Per Note 4 of the [mal plat (FP-03-001) for Mallane Subdivision, all future uses within the development are subject to Conditional Use Pennit approval. In accordance with the conditions of approval for final plat, the Applicant has submitted a CUP for the proposed building and use. Access: Primary access to the subject site will be from internal drive aisles that connect to previously approved (Mallane Subdivision) access points to Fairview Road and Hickory Way. The subject site currently has a plat restriction which prohibits direct lot access to Fairview Avenue. The Applicant is also proposing to construct a new driveway to Fairview Avenue located near the west property line. A majority of this proposed shared driveway is on the County-zoned parcel. Per ACHD's Staff Report, the location of the off-site driveway has not previously been approved by the Ada County Highway District. Specifically, ACHD's comments are as follows: "The location of the proposed driveway offsets an approved driveway on the south side of Fairview Avenue (MCZC-06-144) by approximately 120-feet. That driveway has been restricted to right-in/out only by a center median located on the south side of the center turn lane on Fainliew Avenue. The proposed driveway location is [located] approximately 40-feet west (near edge to near edge) of the terminus of a new center concrete median on the south side of the turn lane. This location does not provide sufficient distance for left-turn movements out of the site, and creates a safety hazard. If the proposed driveway location were to remain, the Applicant would be required to extend the median and restrict the driveway to right- in/right-out. If the driveway were shifted approximately 60-feet west (1 OO-feet from the terminus of the concrete median), the driveway could be full-access. The location of this driveway is specific to the use of this application; if the adjacent parcel to the west develops, the District will review the access to F ainliew at that time. " Staff is generally supportive of the access points and parking lot design, provided ACHD approves the location of the shared driveway to Fairview Avenue and that a cross-access agreement is recorded that allows both the subject property and the property to the west access to the proposed driveway. The Applicant appears to be in compliance with the conditions set forth in the approved final plat. Parking: The Applicant is proposing to construct 24 parking stalls for this use; 22 parking stalls are required by Ordinance. The Applicant proposes 19 900 parking stalls at 20 feet deep by 9 feet wide, and 5 parallel parking stalls at 9' deep by 24 feet wide, with 24-foot drive aisles. UDC 11- 3C-5A describes minimum parking stall dimensions by parking angle. UDC 11-3C-5B provides for a decreased parking stall length when a bumper will overhang onto a sidewalk or landscaped area. If sidewalks adjacent to parking areas are increased in width from the 5-foot minimum to 7 feet, then the parking stall depth may be reduced by 2 feet. Otherwise, all development is required to provide wheel stops to prevent cars from overhanging beyond the stall dimensions. Jamaica Me Tan Retail Building - CUP-07-00 I PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007 The Applicant's proposed parking plan is generally consistent with the aforementioned UDC parking requirements. Additionally, UDC 11-3C-6G requires that one bicycle parking space be provided for every 25 vehicle parking spaces. Provide a minimum I-park bicycle rack on this site. (See Exhibit B) Landscaping: UDC 11-3B-8C2 requires landscape planters to be constructed to break.up long rows of parking stalls. A maximum of 12 parking stalls shall be allowed in a row without a planter. Landscape planters are also required on the ends of rows to prevent cross-space driving. All landscape planters shall contain a minimum of 50 square feet of are and be at least 5-feet wide, as measured inside curbs. At least one tree and vegetative groundcover should be placed with each landscape planter. The Applicant has proposed approximately 15.6% of the subject site in landscaping including the existing 35-foot landscape buffer on Fairview Avenue. The Applicant has provided planter islands within the parking lot. A 5-foot wide landscaping buffer is proposed at the west property line, which abuts the Louie's parking lot. The site /landscape plan prepared by Everett Street, Inc., on November 7, 2006, and labeled Sheet 1, generally complies with the UDC landscaping requirements. A written certificate of completion must be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 11-3B-14. The Applicant should submit a revised landscape plan at the time of submittal of a Certificate of Zoning Compliance application. Building Elevations: The Applicant has submitted west and south-facing elevations for the proposed structure. (See Exhibit A) Staff is generally supportive of the proposed west and south- facing elevations, prepared by Everett Street, Inc., dated November 7, 2006. However, the east- facing portion of the structure will also be highly visible from Fairview Avenue. The Applicant should provide Staff with the east elevation prior to the public hearing. Staff will provide this elevation to the Planning and Zoning Commission, once received from the Applicant. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-5B-l A). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to building construction. All improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of CUP-07-001 for Jamaica Me Tan multi-tenant retail building, as presented in the Staff Report for the hearing date of February 15, 2007, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. 11. EXHmITS A. Drawings 1. Vicinity Map 2. CUP Site / Landscape Plan & Building Elevations (Dated November 7, 2006) B. Conditions of Approval 1. Planning Department Jamaica Me Tan Retail Building - CUP.07-001 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNGDATE OF APRIL 19,2007 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Required Findings from Unified Development Code Jamaica Me Tan Retail Building - CUP-07-001 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 A. Drawings 1. Vicinity Map /';wt ,1. ' E ~i r-,'" " ..,,~~Bi "'i'-- ~ " I~" ;J:~ftn a.-r I I -'i ..I jl '~O!!- I n ,1. \ rtIT - "' II -- ".. _~_~ f--m L~.. _ : J...... [, ... -e;' , i ' '~'1\)Zm [[' <'i= ! I ' ~~~ -~~. ,.,"':":' ".r ~ ~~ ~ ;',-:! h'- .. d ....., "I , ~".. I4i rr:- c- " 1'''- :--'-' '., , " , n 'W~~~: + 0. ,~ li- e--_)-- I J ,;' . rli '=lIIF:J./t::::llL jW[l X'.a I..{. ~ r I' 1,1:: \--= . ~y ",,_:_ c 'V!~if~,~'~~5J!~~ ~i)F ,,,- If "1m . v I (//I,j I 1 ~ ,"~~~ w ~."~-~J~!t:t ," 1'1' T'~~' TI_;'~}mI'/I?ld~,,,-g f- '- ""'"" IU ~"':'"""~~" ""~.. ,,<:,,, ''A} "l ' ,,', -' ~Ji _I Mallane I f--. ' ..-> =] "m ~ ,,~i" 'll'fffnJ "'- . I 1- Jid~ -- 1f--- ~ '~_. _, ,___"_,, _.-' Subdivision lmltl':::~a ~1~mI1fTL ~ ~ 'I I' ~-~gl ,- 'I T-,J- LJ .ri! ~je~ I r~ -- _L-"~,, .! ...', , J ISite ~ ____ " ,FAIR\IIEW~- ,._--/ ',_. I .--'- b9 TIJlTTWy rl;j- . - j Lr I~' r. - ~4- '( " ~_~ ~TI- 110 ,:..-, Y;~€1f.~ .."B III. - -I, 'i ~!8 jr:-~~ ~~~~~ "ElL" 'I'''~ / I----~ --- _: :--1. ~~" -.-J., t___,l,t:,ff ' J~de~o!k" ~:-'~~~:- -'"''"'~' f'-' T=T~ I 1 1= lit i~~ !i1~~J~~i -I ' - >-~ l~=a! I, .~.1=-' ~~'-l. .- Ii ~a. "--------c! l , ---.:.... , . .srAtEl: F- '_----(I ~~ ~_:~_~ ~-~,.--_~I--,>(/;{'-"I"..".-~"" -i[[---"--I; - I ~-'" '.,'''''T~i I I'----T.-.."--"~~ 'r~~lL ~ Un ~~;:-'17~~i , 7'..... I.! - _c~ i,~-~ Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 2. CUP Site / Landscape Plan & Building Elevations (Dated November 7, 2006) fO- . "'~'F ~N~=r- -Ifill f.t~~I"I; t.,,~_mlSil3a3A3 :WHIN!'rm_:w"l3llMilNY 1;1= ?}@ ::Sllfll:::IIlV l\l\::rU'lar".:I' " -,' ~.' -' ,-..-. --- "'." . ~, '~ ~, .~. l.U ..... !JJ': ~ ~ Ci)i ~, ~ .~~ ll.i :~ ~ 0; IE ! , .~ ',~ ~., ~ ~ t Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The Applicant shall comply with all conditions of approval for Annexation & Zoning, Rezoning (RZ-00-007), and the Mallane Subdivision (PP.00-021, FP-03-001). The Site Plan labeled Sheet 1, prepared by Everett Street, Inc., and dated November 7, 2006, is approved subject to the conditions listed below. 1.2 Direct lot access to Fairview Road is prohibited. 1.3 All90-degree parking stalls shall be, at minimum, 19 feet deep by 9 feet wide, adjacent to 25-foot wide drive aisles. All parallel parking stalls shall be 9 feet deep by 23 feet wide, adjacent to 25- foot wide drive aisles. 1.4 17-foot long stalls may be constructed adjacent to 7-foot wide sidewalks and/or 7.foot wide landscape strips. Compact stalls may be reduced an additional2-feet in length. 1.5 Provide a minimum l.bicyc1e parking rack to be located in front of the southernmost tenant space. 1.6 Obtain a recorded cross-access agreement from the property to the west (Assessor's Parcel S1105346715) which allows the subject property access to the proposed off-site driveway. Construct the portion of driveway to be located on-site at the southwest property line as proposed, provided ACHD approves the location of said shared driveway to Fairview Avenue. 1.7 Provide Staff with a new Site Plan with corresponding calculations table (for parking, landscaping, etc.), as required on the Conditional Use Pennit Application Checklist. 1.8 Provide Staff with the building elevation for the east-facing portion of the proposed structure prior to the public hearing scheduled for February 15, 2007. 1.9 The landscape plan prepared by Everett Street, Inc., on November 7, 2006, labeled Sheet 1, is approved with the following modifications/notes: · Provide 15.6% of the site for landscaping; · Per UDC 11-3B-8, all landscape planters shall contain a minimum of 50 square feet of are and be at least 5-feet wide, as measured inside curbs. In addition, one tree and vegetative groundcover must be placed with each landscape planter. Provide one tree within the northernmost landscape planter that is located directly in front of the proposed structure; · A 5-foot wide landscaping buffer is proposed at the west property line. Per UDC 11-3B- 8C, the buffer shall be planted with one tree per 35 lineal feet. Provide a minimum of 5 trees within the landscape buffer. · A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 11- 3B-14. Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed such plan, the landscaping shall be consistent said plan with modifications as proposed by Staff. All standards of installation shall apply as listed in UDC 11-3B-14. The preceding modifications and notes should be shown on a revised landscape plan submitted with Certificate of Zoning Compliance application. Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007 1.10 To ensure that all of the conditions of approval for CUP-07 -001 are complied with, the Applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) pennit from the Planning Department prior to construction. 1.11 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.12 No signs are approved with this CUP application. All business signs require a separate sign pennit in compliance with the sign ordinance. 1.13 The Applicant shall have a maximum of 18 months to commence the use as pennitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use pennit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 The Applicant shall install any water and sewer 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 The Applicant shall coordinate fire hydrant placement with the Public Works Department during plan review. 2.3 During plan review a looped system may be required to achieve adequate fire flows. 2.4 There shall be a lO-foot separation between all water mains and the high water mark of any drainage swale. 2.5 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 2.6 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy. 2.7 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 2.8 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. 2.9 Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 2.10 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 2.11 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007 3.2 Final Approval of the fIre hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" 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 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 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. 3.6 Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 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). Suites shall be addressed on both the east and west sides of the proposed multi- tenant structure. 3.8 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.9 All portions of the buildings located on the project must be within 150' of a paved surface as measured around the perimeter of the building. 3.10 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.11 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 officia1. 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). 3.12 There shall be a fIre hydrant within 100' of all Fire Department connections. 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007 6. SANITARY SERVICES COMPANY 6.1 Waste enclosure access: The Applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 6.2 Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required. 98% 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. 6.3 Waste enclosure aprons: The Applicant shall provide an 8 ft. concrete apron in front of all waste enclosures greater than 6 and/or 8 cubic yards. 6.4 Waste enclosure gate locks: The Applicant shall provide gate locks for both open and closed positions. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 7.1.1 7.1.2 7.1.3 7.2 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 7.2.6 7.2.7 7.2.8 7.2.9 7.2.10 Exhibit B SITE SPECIFIC COMMENTS Construct a 5-foot wide concrete sidewalk on Fairview Avenue at the southwest property line to match the existing sidewalk abutting the subject site. Direct lot access to Fairview Avenue is prohibited. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL Any existing irrigation facilities shall be relocated outside of the right-of~way. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. Comply with the District's Tree Planter Width Interim Policy. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file number) for details. 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. The applicant shall submit revised plans for staff approval, prior to issuance of a building pennit (or other required pennits), which incorporates any required design changes. Construction, use, and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as the Ada County Highway District Road Impact Fee Ordinance. Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 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 confrrmation of any change from the Ada County Highway District. 7.2.13 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. NORTH CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 The NCDHD had no objections to the proposal as long as the development is served by central sewer and water. Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007 C. Required Conditional Use Pennit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The proposed building and uses on this site can accommodate and meet all dimensional and development regulations of this district. Parking stalls are required at the ratio of one space per 500 square feet of gross floor area in commercial districts (UDC 11-3C-6). Per this requirement, 22 stalls are required. There are 24 parking stalls proposed on this site, with designated handicap accessible stalls. This provision exceeds the City's minimum parking stall ratio. Staff finds that the project should have ample parking. Staff also finds that the subject property is large enough to accommodate the required yards (setbacks), parking, landscaping and other features required by the ordinance. Staffrecommends the Commission rely on Staff s analysis and any oral or written public testimony provided when detennining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the designated Comprehensive Designation for this property is Commercial. The property is currently zoned C-G, with a requirement for CUP approval of each building/use. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds that, if the Applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of a retail building should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff fmds 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 detennine if the development will adversely affect the other property in the vicinity. 5. 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. Staff fmds 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, Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. Staff recognizes that traffic and noise will increase with the approval of retail uses 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 fmds that the proposed uses will not be detrimental to people, property, or the general welfare ofthe area. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Commission's attention. Staff fmds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C Page 2