HomeMy WebLinkAboutJamaca Me Tan Retail Building CUP-07-001
RE (jIJJ IVEl)
APR 2 6 2007 / ,
City Of Meridian .~
CITY OF MERIDIAN City Clerk Offi(:)(..G;;:k;;IlI~ '\
FINDINGS OF FACT, CONCLUSIONS OF \ H>AHO V
LAW AND DECISION & ORDER ,), . l
11'1
In the Matter of Conditional Use Permit for an 11,000 square-foot, multi-tenant retail
building in the C-G District, for Jamaca Me Tan, by Darren Blaser
Case No(s): CUP-07-001
For the Planning & Zoning Commission Hearing Date of: April 19, 2007 (continued from
February 15, March 1, and March 15, 2007, with fmdings for approval on the May 3,2007,
Commission agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 19, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 19, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April
19, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 19, 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 (I.C. g67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g
11-5A.
CITY OF MERIDIAN FINDiNGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). CUP-07-001
PAGE 1 of4
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the 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 April 19, 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 g 11-5A and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The Applicant's Site / Landscape Plan as evidenced by having submitted the Site /
Landscape Plan, labeled sheet A-1.0 and updated April 17, 2007, is hereby conditionally
approved;
2. The Applicant's Elevations as evidenced by having submitted the Elevations, labeled
sheet A-4.0 and updated April 17, 2007, is hereby conditionally approved; and,
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April 19, 2007, incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City. During
this time, the applicant shall commence the use as permitted in accord with the conditions
of approval, satisfy the requirements set forth in the conditions of approval, and acquire
building permits and commence construction of permanent footings or structures on or in
the ground. For conditional use permits that also require platting, the final plat must be
recorded within this eighteen (18) month period. For projects with multiple phases, the
eighteen (18) month deadline shall apply to the first phase. In the event that the
development is made in successive contiguous segments or multiple phases, such phases
shall be constructed within successive intervals of one (1) year from the original date of
CITY OF MERIDiAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). CUP-07-001
PAGE 2 of4
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 April 19, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). CUP-07-00l
PAGE 301'4
By action of the Pl2g & Zoning Commission at its regular meeting held on the
,,-d_ day of -1Jf1 ~ ' 2007.
COMMISSIONER STEVE SIDDOW A Y
VOTED~
VOTED~
VOTED~
VOTED~CA-
VOTED izJL-~
COMMISSIONER MICHAEL ROHM
(CHAIR)
COMMISSIONER DAVID MOE
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER ~lH BURUP 0 I 8riC-V\
"t
C
Attest:
ara Green, Deputy C~y C ~ 4~? 2
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Copy served upon Applicant, 1'we'IPlanrung Department, Public Works Department and City
Attorney.
By: 3tlW\ fYl &v~ ~"--)
City Clerk
Dated: 05 ~ ol-or
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). CUP-07-001
PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
STAFF REPORT
Hearing Date: 4/19/2007
Continued From: 3/15/2007,3/112007 & 2/15/2007
TO:
FROM:
SUBJECT:
Planning & Zoning Commission
Amanda Hess, Associate Planner
Jamaca Me Tan
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I0o/I.tJrid1:n"t \
. (1)."HO
. CUP-07-001
Conditional Use Permit 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 Permit (CUP) approval to construct an
11,000 square foot, mu1ti~tenant retail building. Jamaca 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,
ofthe Mallane Subdivision (PP-00-021, FP-03-001).
The subject property is generally located on the north side of Fairview Avenue approximately Y2 a mile
west of Eagle Road and is currently zoned C-G (General Retail and Service Commercial). A Conditional
Use Permit would typically not be required for this project, as retail uses are principally permitted in the
C-G district. However, per the conditions of final plat approval, all development within Mallane must
obtain Conditional Use Permit (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 Jamaca Me Tan, as presented in the Staff Report for the hearing date
of April 19, 2007, subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning
Commission heard this item on February 15. March L March 15. and April 19. 2007. At the April 19.
2007. public hearing they approved the subiect CUP request.
a. SummarY of Commission Public Hearine:
1. In favor: Curtis Moffatt; Delane Blaser
11. In opposition: None
111. Commenting: Sherry Ewing
IV. Staff presenting application: Amanda Hess
v. Other Staff commenting on application: Caleb Hood
b. Key Issues of Discussion bv Commission:
i. That the Applicant reach an agreement with the neighboring propertv owner for off-site
access
11. That the Ap\Jlicant provide elevations for the east facade ofthe proposed building.
111. That the east facade be modulated and incorporate stone and brick to look similar to the
west elevation.
c. Kev Commission Chan2es to Staff Recommendation:
i. Include the updated plans and elevations in the staff reoort.
3. PROPOSED MOTIONS
Jamaca Me Tan Retajl Building - CUP-07-001
PAGEl
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
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 Planning and
Zoning Commission hearing on May 3,2007.
Denial
After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-07-00l,
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
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 (Exhibit A): Nevemeer 7, 2006 REVISED April 17. 2007
2. Building Elevations (Exhibit A): Nevemeef 7,20015 REVISED April 17. 2007
5. PROCESS FACTS
a. The subject application will, in fact, constitute a conditional use per the fmal 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.
Jamaca Me Tan Retail Building - CUP-07-001
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
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 Use(s): Vacant.
b. Description of Character of Surrounding Area: This area is rapidly transltloning into a
conunercial area. There are various other conunercial uses that exist or are being proposed by
others to the north and east ofthe subject site.
c. Adjacent Land Use and Zoning
1. North: Offices, zoned L-O
2. East: Conunercial / Retail, zoned C-G
3. South: Conunercial, 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 of the subdivision from L-O to
C-G. The conunerciallots 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 conunercial 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
Jamaca Me Tan Retail Building - CUP-07-001
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
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 subj ect 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.
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, a joint 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.
Staffhas 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 se~iced 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.
Jamaca Me Tan Retail Building - CUP-07-001
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
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 1l.2B-2 lists the permitted, accessory, and
conditional uses in the C.G zoning district. Retail stores are a principally permitted 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.
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 I and dated November 7,
2006, and the landscaping as proposed, with the following comments:
Final Plat Requirements: Per Note 4 of the final plat (FP-03-001) for Mallane Subdivision, all
future uses within the development are subject to Conditional Use Permit 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 Fairview 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 Fairview at that time. "
Jamaca Me Tan Retail Building - CUP-07-001
PAGE 5
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 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. Othetwise,
all development is required to provide wheel stops to prevent cars from overhanging beyond the
stall dimensions.
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 I, 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 ll-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 (DDC 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
Jamaca Me Tan Retail Building - CUP-07-001
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
Planning Department prior to building construction. All improvements must be installed prior to
occupancy.
b. Staff Reconunendation: Staff recommends approval of CUP-07-001 for Jamaca 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. The Meridian Planning and Zoning Commission
heard this item on February 15. March 1. March 15. and April 19. 2007. At the April 19. 2007.
public hearing the Commission approved the subiect CUP request.
11. EXHffiITS
A. Drawings
1. Vicinity Map
2. Site / Landscape Plan (Dated N0vember 7, 2006 REVISED April 17. 2007)
3. Building Elevations (Dated N0vember 7, 2006 REVISED April17. 2007)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
C. Required Findings from Unified Development Code
Jamaca 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
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Exhibit A
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
2. Site / Landscape Plan (Dated NovemBer 7,2006 REVISED April17. 2007)
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Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
3. Building Elevations (Dated November 7,20013 REVISED April 17. 2007)
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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-03-00l). The Site Plan labeled Sheet
1, prepared by Everett Street, me., and dated NOYeaWer 7, 2006 REVISED April 17. 2007, is
approved subj ect to the conditions listed below.
1.2 Direct lot access to Fairview Road is prohibited.
1.3 Al190-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 additiona12-feet in length.
1.5 Provide a minimum I-bicycle 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
Sll05346715) 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 Permit 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, me., 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. m 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) permit from the PI arming
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
permit in compliance with the sign ordinance.
1.13 The Applicant shall have a maximum of 18 months to connnence 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
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 flre 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 10-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
flnal 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 Permitting that
may be required by the Environmental Protection Agency.
2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting
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 flll material.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for flre 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 ofthe fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 12" 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 of28' 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 fue-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 fue 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).
3.12 There shall be a fire hydrant within 100' of all Fire Department cOIUlections.
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 ofIdaho 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 of the 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 confmnation 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 plalUled 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 DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
C. Required Conditional Use Permit 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. The Commission finds that the project should
have ample parking.
The Commission also finds that the subject property is large enough to accommodate the required
yards (setbacks), parking, landscaping and other features required by the ordinance. Staff
recommends the Commission rely on Staffs analysis and any oral or written public testimony
provided when determining ifthis 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.
The Commission 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 hannonious 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.
The Commission 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.
The Commission finds that, if the Applicant complies with the conditions outlined in this report,
the proposed uses will not adversely affect other property in the area. Staff recommends the
Commission rely upon any public testimony provided to determine 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.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. The Commission should 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
Exhibit C
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19,2007
Commission fmds that the proposed use will be served adequately by all of the public facilities
and services listed above.
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. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
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 and the Commission recognize that traffic and noise will increase with the approval of retail
uses in this location; however, Staff and the Commission do not believe that the amount
generated will be detrimental to the general welfare of the public. Staff and the Commission do
not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors.
Therefore, the Commission finds that the proposed uses will not be detrimental to people,
property, or the general welfare of the 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.
The Commission fmds that there should not be any health, safety or environmental problems
associated with this subdivision that should be brought to the Commission's attention. The
Commission finds that the proposed use will not result in the destruction, loss or damage of any
natural, scenic, or historic feature of major importance.
Exhibit C
Page 2