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STAFF REPORT
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF ~ 3,2007
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Planning & Zoning Commission
Amanda Hess, Associate City Planner
(208) 884-5533
Hearing Date: May 3, 2007
TO:
FROM:
SUBJECT:
Cherry Wood Village
. RZ-07-008
Rezoning of 4.05 acres from C-N (Neighborhood Business) to C-C
(Community Business), by Richard Brown and Roy Brown
.~...'
. CUP-07-007
Conditional Use Permit to allow retail sale and servicing of motor scooters I
recreational vehicles within the proposed C-C district for Lot 3, Block 1,
Comer at Vineyards Subdivision
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicants, Richard Brown and Roy Brown, have requested rezoning (RZ) approval of 4.05 acres
from C.N (Neighborhood Business) to C-C (Community Business). Approval of the subject RZ
application would allow the Applicants and the other property owners on the subject five lots to
potentially use the site for more intense commercial purposes.
Concurrent with the zoning application, is a request for Conditional Use Permit to allow for the retail sale,
storage, and servicing of motor scooters I recreational vehicles on Lot 3, Block 1. According to City
Code, vehicle rental, sales, and servicing are conditionally allowed in the proposed C-C zone, but are
prohibited within the C-N zone (UDC Table 11-2B-2).
The subject property is located on the southwest comer of Cherry Lane and Linder Road in Section 11,
Township 3 North, Range 1 West, B.M., and is currently referenced as Lots 1-5, Block 1, Comer at
Vineyards Subdivision. The subject property lies within Meridian City limits and the Urban Service
Planning Area.
2. SUMMARY RECOMMENDATION
The subject Rezone and CUP applications were submitted to the Planning Department for concurrent
review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the Council
on zoning applications. Any comments related to the Conditional Use application (CUP-07-004) will also
be included in the Commission's recommendation to the Council. Staff is recommending approval of
the subject applications (RZ-07-008 & CUP-07-007).
3. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to recommend approval to the
City Council of File Numbers RZ-07-008 & CUP-07-007 as presented in the staff report for the
hearing date of May 3, 2007, with the following modifications to the proposed development
agreement: (add any proposed modifications)
Denial
Cherry Wood Village- RZ-07-008 & CUP-07-007
Page 1
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007
After considering all Staff, Applicant, and public testimony, I move to recommend denial to the City
Council of File Numbers RZ-07.008 & CUP.07-007 as presented during the public hearing on May 3,
2007, for the following reasons: (you should state specific reasons for denial of the annexation
request)
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Numbers RZ-07-
008 & CUP-07-007 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:
SWC of Cherry Lane and Linder Road
1605, 1663, 1701, 1739, 1785, & 1835 West Cherry Lane
Lots 1-5, Block 1, Comer at Vineyards Subdivision
Section 11, Township 3 North, Range 1 West
b. Applicants:
Richard Brown
#24 South 600 East, Ste. 7
Salt Lake City, UT 84102
Roy Brown
P.O. Box 464
Nampa, ill 83653
d. Representative: Same as Applicants
e. Present Zoning: C-N (Neighborhood Business)
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request: Rezoning of 4.05 acres from C-N to C-C. CUP for the retail
sale and servicing of motor scooters / recreational vehicles within the proposed C-C district.
h. Applicant's Statement / Justification: This application requests rezoning of approximately 4 acres
from C-N to C-C. Currently, the retail sale, storage, and servicing of motor vehicles within the
proposed C-C district is not allowed within the C-N district and is conditionally permitted within
the C-C district. The retail items to be sold include scooters, ATVs, dirt bikes, mopeds, children's
kick- and electric scooters, children's ATVs, and all accessories and parts for the aforementioned
items.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11 Chapter S, a public hearing is
required before the City Council on this matter.
b. The subject application will, in fact, constitute a conditional use as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public
hearing is required before the City Council on this matter.
c. Newspaper notifications published on: April 16, 2007; April 30, 2007
d. Radius notices mailed to properties within 300 feet on: AprilS, 2007
e. Applicant posted notice on site by: April 23, 2007
6. LAND USE
a. Existing Land Use(s): Cherry Wood Center, a retail complex, houses Domino's Pizza; the Movie
Cherry Wood Village - RZ-07-008 & CUP.07-007
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3,2007
Gallery; Great Clips, a hair salon; the Sprint Store; H3 Pet Foods, a pet supply store; the Jackson~
Hewitt Tax Service, and Renewed Expressions, a consignment store. The Maverick store, a
convenience and fuel sales store, is also located on site.
b. Description of Character of Surrounding Area: Primarily commercial development at the
intersection of Cherry / Linder.
c. Adjacent Land Use and Zoning:
North: Commercial/ Retail, zoned C-N
South: Residential (Vineyard No.2 Subdivision), zoned R-4; Church, zoned L-O
East: Commercial/ Retail, zoned C- N & C-C
West: Residential (Vineyard NO.2 Subdivision), zoned R-4
d. History of Previous Actions: Planning Staff was unable to locate the details regarding the
annexation / zoning and preliminary platting of the property. However, per the Ada County
Assessor's office, recordation of the final plat for The Comer at Vineyards Subdivision occurred
on May 8, 1992.
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: These buildings are currently serviced.
Location of water: These buildings are currently serviced.
Issues or concerns: None. These buildings are currently serviced by both water and
sewer; Public Works has no concerns with this application.
2. Vegetation: N/ A
3. Floodplain: N/ A
4. CanalslDitches/Irrigation: N/ A
5. Hazards: N/A
6. Proposed Zoning: C-C
7. Size of Property: 4.05 acres
f. Summary of Proposed Streets and/or Access: Two existing full accesses to Cherry Lane and two
full accesses to Linder Road to the subject subdivision, The Comer at Vineyards, were previously
approved through ACHD. The accesses on Cherry Lane are located 150 feet and 510 feet from
the Cherry / Under intersection. The accesses on Linder Road are located 150 feet and 260 feet
from the Cherry Liner intersection. No additional access points are proposed to the subject site,
nor approved at this time.
No development is proposed at this time which would warrant a staff report from ACHD.
However, District policy does requires that all new driveways which are located on arterials near
a signalized intersection be located a minimum of 440 feet from the signalized intersection for a
full access. All new driveways which are located on arterials near a signalized intersection must
be located a minimum of 220 feet from the signalized intersection for a right.in / right -out only.
g. Landscaping:
1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 25-foot wide landscape
street buffer is required adj acent to Overland Road and Locust Grove Road, both arterial
roadways. Staff recognizes that all landscaping on-site is existing. As such, only 19-foot
wide buffers are provided along Cherry Lane and Linder Road. Staff would like to see
Cherry Wood Village - RZ-07 -008 & CUP-07 -007
Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF MAY 3,2007
additional trees installed within the landscaping buffers to present the appearance of
wider buffers.
2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B.3) a 20-foot
wide landscape buffer is required between C-C zoned properties and residential
useslzones. There is residential development to the west and south. Currently, between 11
feet and 20 feet of landscaping is provided between the commercial and residential
properties. Staff would like to see additional trees installed within the landscape buffer to
present the appearance of wider buffers.
7. COMMENTS MEETING
On April 13, 2007, Planning Staff held an agency comments meeting. The agencies and departments
present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions in the attached Exhibit B.
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. However, staff has some concerns with allowing a more intense
commercial district for property abutting residential uses.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics):
· Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors
and arterial streets."
On the submitted site plan, the Applicant shows two existing driveway accesses to Cherry Lane
and two existing driveways to Linder Road. ACHD has previously approved said accesses to the
site. No additional accesses are proposed nor approved at this time.
. Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along
transportation corridors (setback, vegetation, low walls, berms, etc.)."
Cherry Lane and Linder Road are designated arterial streets. By City Ordinance, 25-foot wide
landscape buffers are required adjacent to Cherry Lane and Linder Road. Staff recognizes that
all landscaping on-site is existing. As such, only 19-foot wide b"4.ffers are provided along Cherry
Lane and Linder Road. Staff would like to see additional trees installed within the landscaping
buffers to present the appearance of wider buffers.
. Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and
maintain landscaping."
The Applicant is not proposing to install any landscaping with the subject rezoning and CUP
applications. Prior to commencement of retail sale of the scooters / recreational vehicles, the
Applicant must obtain a Certificate(s) of Zoning Compliance. At that time, Staff will ensure that
additional landscaping is installed within the street buffers and buffers to residential uses, and
within any landscape planter islands in the parking lot, as warranted.
. Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where
urban services can be reasonably provided at the time of final approval and development is
contiguous to the City."
Sanitary sewer and water is currently provided to the subject property through the City.
Cherry Wood Village - RZ-07-008 & CUP-07-007
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF MAY 3,2007
. Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities
within the Impact Area."
Staff believes that the proposed scooter / recreational vehicle store provides a service to the City
that is not readily available to the area.
Staff finds that the proposed zoning to C-C is harmonious with and in accordance with the
Comprehensive Plan. However, Staff does have some concerns with allowing a more intense zoning
district for property abutting existing residential uses (south). Staff recommends that the Commission and
Council rely on Staff's analysis, other agency/department comments, and any other comments received
regarding the appropriateness of rezoning the entire site for more intense commercial uses.
9. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and
conditional uses in the C-C zoning district. Retail stores are a principally permitted use in the C-C
zone.
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.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
RZ Application: Approval of the subject RZ application would allow the Applicants and the
other property owners to utilize the site for more intense commercial purposes.
According to City Code, the uses, as outlined in the table below, while conditionally allowed in
the C-N zone, would be principally permitted in the C-C zone. Additionally, all uses that are not
allowed within the C-N district will require procurement of a CUP within the C-C district prior to
commencement of said use. If the Commission or Council believe some uses are not
appropriate for the site, Staff recommends that these uses be restricted through a
development agreement.
Use C-N C-C
Outdoor arts, entertainment, or recreation C P
facility
Building material, garden equipment, and C P
supplies
Fuel sales facility C P
Mortuary C P
Nursery / urban farm C p
Vehicle washing facility C P
NOTE: P = Principally Permitted; C = Conditionally Permitted
Therefore, based on the policies and goals contained in the Comprehensive Plan and the general
compliance of the existing site with the Ordinance for C-C zoning, Staff believes that the zoning
of this site to C-C is in the best interest of the City. Please see Exhibit C for detailed analysis of
facts and findings.
Cherry Wood Village - RZ-07.008 & CUP-07-007
Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF MAY 3, 2007
The rezone legal description submitted with the application (prepared on March 9, 2007, by
Darren R. Leavitt, PLS) shows the property within the existing corporate boundary of the City of
Meridian.
Development Agreement: UDC 11-5B-3D2 and Idaho Code ~ 65-6711A provides the City the
authority to require a property owner to enter into a Development Agreement (DA) with the City
that may require some written commitment for all future uses. As all uses pertaining to the
scooter / recreational vehicle store can be addressed through the Planning Department Conditions
of Approval and no change of use is proposed anywhere else on the subject property at this time,
Staff believes that a DA is not required.
However, if the Commission or Council believes that a Development Agreement is necessary
to ensure that the use of the property is consistent with the Comprehensive Plan and does
not negatively impact nearby properties, specifically the residential to the south, Staff
recommends a clear outline of the commitments being required.
CUP Site Plan: The Applicant has submitted a site plan depicting the development which
includes the existing structures, parking areas, and some landscaping. Staff is generally
supportive of the existing site plan for this property. However, some of the dimensions shown on
the plan do not appear to comply with the UDC. At a minimum, all parking stalls and drive aisles
for this development should comply with the applicable provisions set forth in the Unified
Development Code. Staff will ensure that all parking stalls and drive aisle widths for the Cherry
Wood Center building meet current standards, and that the additional landscaping will be
installed prior to commencement of the proposed scooter use via the CZC process.
Access: Two existing full accesses to Cherry Lane and two full accesses to Linder Road to the
subject subdivision, The Comer at Vineyards, were previously approved through ACHD. The
accesses on Cherry Lane are located 150 feet and 510 feet from the Cherry / Linder intersection.
The accesses on Linder Road are located 150 feet and 260 feet from the Cherry Liner
intersection. No additional access points are proposed to the subject site, nor approved at this
time.
No development is proposed at this time which would warrant a new staff report from ACHD.
However, District policy requires driveways located on arterials near a signalized intersection to
be located a minimum of 440 feet from the signalized intersection for a full access and a
minimum of 220 feet from the signalized intersection for a right-in / right-out only.
Staff has concerns about traffic safety at the Cherry / Linder intersection. It is at the
Commission's and Council's discretion to restrict access to the site which may foster safer
roadways for the City. Therefore, the Commission and Council may choose to add this
requirement as part of a Development Agreement, if so desired.
Uses: Currently, all uses within the Cherry Wood Center building are principally permitted
within the existing C-N and proposed C~C zones. The Maverick convenience store / fueling
station is a conditionally permitted use within the existing C.N zone, and principally permitted
within the proposed C-C zone.
Retail, restaurants, and professional offices are some of the most common principally permitted
uses within the commercial zones. The proposed scooter / recreational vehicle store is not an
allowed use within the existing C-N zone, and is conditionally permitted within the C-C zone.
Staff believes that a scooter / recreational vehicle store may be appropriate for the site. However,
Staff has received several calls from concerned neighbors regarding the noise that may be
generated from operations of the proposed scooter store. Therefore, Staff recommends that the
City limit the hours of operation for the scooter store from 7 am to 6 pm. This recommendation is
intended to protect the neighbors from the potential increase in noise and traffic that could take
place on this property (see below).
Cherry Wood Village - RZ-07-008 & CUP-07-007
Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007
Hours of Operation: The Applicant does not address the hours of operation for the proposed
scooter / recreational vehicle sales store. Therefore, Staff is recommending that the hours of
operation for the proposed scooter / recreational vehicle sales store be limited from 7 am to 6 pm.
Landscaping: Cherry Lane and Linder Road are classified as arterial roadways. Twenty-five feet
of landscape buffer is currently required adjacent to arterial roadways (UDC Table 11-2B.3). As
the site is improved to the City's previous standards, and the parking lot already paved, Staff
recognizes the impracticality of requiring the Applicant to retrofit the site to meet the current
standards. Therefore, as part of approval of the subject applications, Staff is requiring the
Applicant to install additional trees within the landscaping buffers along Cherry Lane.
Per City Code (UDC Table 11-2B-3) a 20-foot wide landscape buffer is required between C-C
zoned properties and residential useslzones. There is a residential development to the west and
south of the subject site. Currently, between 11 feet and 20 feet of landscaping is provided
between the commercial and residential properties. Therefore, as part of the approval, Staff is
requiring that additional trees be installed within the landscape buffer between the subject
property and the residential uses to the south.
Staff will ensure that the aforementioned landscaping improvements will occur prior to Staff's
approval for the proposed scooter / recreational vehicle sales store via the CZC process.
Parking: For all retail uses, parking stalls are currently required at the rate of one space per 500
square feet of gross floor area (UDC 11-3C-6B). Per this requirement, 36 stalls are required.
There are 80+ existing parking stalls on this site, with designated handicap accessible stalls. This
exceeds the City's minimum parking stall ratio. Staff believes that the site currently has ample
parking. However, Staff has safety concerns with the 4 "floating" parking stalls that are
located immediately behind the Domino's Pizza restaurant. These stalls should be
eliminated.
Currently the site does not have available bicycle parking. Per UDC 11-3C-6G, one bicycle
parking space shall be provided for every 25 vehicle parking spaces. The Applicant should
provide a minimum 3-park bicycle rack on this site.
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-IA). To ensure that all of Staff's requirements for
development, as listed in Exhibit B, are complied with, the Applicant will be required to obtain
CZC approval from the Planning Department prior to commencement of sales / servicing of
scooters / recreational vehicles. All improvements must be installed prior to occupancy.
b. Staff Recommendation: Staff recommends approval ofthe subject applications RZ-07-008 &
CUP-07-007, with the Development Agreement provisions listed in the in Exhibit B of the
Staff Report for the hearing date of May 3,2007.
11. EXHffiITS
A. Vicinity / Zoning Map, Site Plan, and Photos
B. Agency and Department Comments
C. Legal Description
D. Required Findings from Unified Development Code
Cherry Wood Village - RZ-07-008 & CUP-07-007
Page 7
CITY OF MERlDlAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007
A. Vicinity! Zoning Map, Site Plan, and Photos
Exhibit A
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007
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Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3,2007
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CITY OF MERIDIAN PLANNiNG DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007
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Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3,2007
B. Agency and Department Comments
1. PLANNING DEPARTMENT
The proposed scooter store use is approved on Lot 3, Block 1, The Comer at Vineyards
Subdivision, as requested. Allowed retail goods shall include scooters, ATVs, dirt bikes, mopeds,
children's kick- and electric scooters, children's ATVs, and all accessories and parts for the
aforementioned items.
The hours of operation for the proposed scooter / recreational vehicle sales store shall be limited
from 7 a.m. to 6 p.m.
The site plan, prepared by Butler and Associates, REVISED March 22, 2007, is approved with
the following modifications/changes:
· The four "floating" (4) parking stalls, as shown on the submitted site plan, immediately to the
rear of Domino's Pizza (parallel with the building) be eliminated.
· Install two (2) additional trees within the landscape buffer along Cherry Lane.
· Install seven (7) additional Class I trees within the landscape buffer between the subject
property and The Comer at Vineyards Subdivision No.2.
· Provide a 3-park bicycle rack to be located in front of the Great Clips / Sprint retail stores.
No additional vehicular accesses to this site shall be allowed to Cherry Lane.
The Applicant shall provide easements for any required sewer and water mains that are not
located within the right-of-way.
If not already existing, the Applicant shall be required to install a pressurized irrigation system for
this development. The system shall utilize surface water for its primary source.
The Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, if necessary.
There shall be no test driving / riding of the scooters / recreational vehicles within The Comer at
Vineyards Subdivision parking lot.
To ensure that all of the conditions of approval for CUP-07-007 are complied with, the Applicant
shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning
Department and receive occupancy from the Building Department prior to operation of the
scooter / recreational vehicle store.
The Applicant shall comply with all other Agency comments in the associated staff report.
The Applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use permit must be obtained prior to operation.
2. PUBLIC WORKS DEPARTMENT
1.1
1.1.1
1.1.2
1.2
1.2.1
1.2.2
1.2.3
1.2.4
1.2.5
1.2.6
1.2.7
1.2.8
1.2.9
1.2.10
1.2.11
REZONE APPLICATION - RZ-07 -008
The rezone legal description submitted with the application (prepared on March 9, 2007, by
Darren R. Leavitt, PLS) shows the property within the existing corporate boundary of the City of
Meridian. The Public Works Department has confirmed that the submitted legal description meets
the requirements of the City of Meridian and the Idaho State Tax Commission.
All future construction / uses on this site should comply with the provisions of the Unified
Development Code in effect at the time of submittal.
CONDITIONAL USE PERMIT APPLICATION - CUP-07-007
2.1 The Applicant shall comply with all City of Meridian Public Works standards and procedures for
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF MAY 3, 2007
development on this property.
3. MERIDIAN FIRE DEPARTMENT
3.1 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.2 Chemicals and/or combustible liquids shall be stored in compliance with the International Fire Code.
Contact Joe Silva with the Meridian Fire Department (888-1234) to address this issue prior to
the public hearing.
4. MERIDIAN POLICE DEPARTMENT
4.1 The Meridian Police Department anticipates noise complaints due to the proposed scooter /
recreational vehicle retail store.
4.2 There shall be no test driving / riding of the scooters / recreational vehicles within The
Corner at Vineyards parking lot.
5. SANITARY SERVICES COMPANY
5.1 SSC has no comments related to this application.
6. MERIDIAN PARKS DEPARTMENT
6.1 The Parks Department has no concerns with the site design as submitted with the application.
7. CENTRAL DISTRICT HEALTH DEPARTMENT
7.1 The CDHD has no objections to the proposal as long as the property is served by central water
and sewer.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF MAY 3, 2007
C. Legal Description
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Exhibit C
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007
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Page 2
CITY OF MERIDIAN PLANNiNG DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007
D. Required Findings from Unified Development Code
1. Rezone Findings
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property to C-C. Staff fmds that the
proposed zoning map amendment complies with the applicable provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report for more information.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that the existing uses on-site are either permitted or conditionally allowed uses
within the requested C-C district. Vehicle rental, sales, and servicing are conditionally
permitted uses within the requested C-C zone; fuel stations and retail are principally
permitted uses. Staff finds that all future use and / or development of this property should
comply with the established regulations and purpose statement ofthe C-C district.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. Staff recommends that the Commission and Council rely on any oral or
written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Staff fmds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
2. 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 existing building and uses on this site accommodates and generally meets all dimensional
and development regulations of this district. However, the existing landscaping does not
explicitly comply with the UDC. Conditions to mitigate the existing landscaping situation are
included in the staff report. 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, 36 stalls
are required. There are 80+ existing parking stalls on this site, with designated handicap
accessible stalls. This exceeds the City's minimum parking stall ratio. Staff fmds that the
project should have ample parking.
Staff recommends the Commission rely on Staffs analysis and any oral or written public
testimony provided when determining if this site is large enough to accommodate the
proposed use.
Exhibit D
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title;
Staff finds that the designated Comprehensive Designation for this property is Commercial.
The property is currently zoned C-N. The Applicant is requesting a rezone from C-N to C-C
concurrently with the subject CUP application. The proposed use scooter / recreational
vehicle sales and service use is generally harmonious with the requirements of the requested
C-C zone and UDC. (See Sections 8 and 10 above for more information regarding the
requirements for this use.)
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area;
Staff finds that, if the Applicant complies with the conditions outlined in this report, the
general operation, and maintenance of the retail building 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 aU conditions of the approval imposed, will
not adversely affect other property in the vicinity;
Staff finds that, if the Applicant complies with the conditions outlined in this report, the
proposed uses will not adversely affect other property in the area. The Commission should
rely upon any public testimony provided to determine if the development will adversely
affect the other property in the vicinity.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer;
Staff 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, Staff finds that the
proposed use already adequately served by all of the public facilities and services listed
above.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community;
If approved, the Applicant will be financing any improvements required for development.
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.
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; and
Staff recognizes that traffic and noise may increase with the approval of the proposed scooter
/ recreational vehicle sales store at 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
of the area, if the applicant enters into a DA and complies with the conditions of the subject
CUP.
Exhibit D
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF MAY 3, 2007
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic, or historic feature considered to be of major importance.
Staff finds that there should not be any health, safety or environmental problems associated
with this 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 D
Page 3