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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY S, 2007 RECEI~I~ STAFF REPORT ~uN z 5 zoos Hearing Date: 7/5/2007 City Qf Meridian City Clerk ffi ~.~~,,~ ~,,: . TO: Planning & Zoning Conunission `°~~ U~~! L~t~~i .:~ ~v FROM: Amanda Hess, Associate City Flanner ,~,~BHra (208) 884-5533 ~~ SUBJECT: J & K Investments '~ ~. Y • CUP-07-014 Conditional Use Permit fora 7,750 square-foot building with adrive-through window, by J & K Investments, LLC 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, J & K Investments, LLC, has applied for Conditional Use Permit approval fora 7,750 square-foot multi-tenant retail building with one drive-through window. The subject site is located approximately 1,000 feet west of the Locust Grove Road / Fairview Avenue intersection at 1330 East Fairview Avenue in Section 6, Township 3 North, Range 1 East, B.M. The property is currently zoned C-G (General Retail and Service Commercial District). Restaurants, retail stores, and drive-through windows are principally permitted uses within the C-G zone. However, the Unified Development Code ([TDC) requires all drive-through establishments to obtain Conditional Use Permit (CUP) approval where adrive-through facility is to be located within three hundred feet of a residential district 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-07-014 far J & K Investments, as presented in the Staff Report for the hearing date of July 5, 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-07-014 as presented during the hearing on July 5, 2007, with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on July 19, 2007. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP- 07-014 as presented during the hearing on July 5, 2007, for the following reasons: (you must state specific reason(s) for the denial of the conditional use permit, and what the applicant could do to gain your approval in the future). I further move to direct Legal Departmezxt Staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on July 19, 2007. J & K Investments -CUP-07-014 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]U'LY 5, 2007 Continuance After considering all Staff, Applicant and public testimony, I move to continue File Number CUP-07-014 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: Lot 2, Slack 2, Doris Subdivision 1330 E. Fairview Ave. Meridian, ID $3G42 Section 6, T3N RlE b. Owner /Applicant: J & K Investments, LLC $71d Quail Ridge Drive Nampa, ID 83686 c. Representative: Jason Slawson, Architecture Northwest d. Present Zoning: C-G e. Comprehensive Plan Land Use Designation: Commercial f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit approval fora 7,750 square-foot multi-tenant building with adrive-through window. 1. Date of Site Plan (See Exhibit A): May 2007 2. Date of Landscape Plan (See Exhibit A): May 2007 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: June 18, 2007; July 2, 2007 c. Radius notices mailed to properties within 300 feet on: June 8, 2007 d. Applicant posted notice on site by: June 25, 2007 6. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: Developed largely as commercial /service oriented retail, including a gym, car-wash, and hardware store, with existing residential subdivisions to the north and northwest. c. Adjacent Land Use and Zoning: 1. North: Residential, Doris Subdivision, zoned R6 (Ada County) 2. West: Settlers Village Resubdivision, zoned C-G and R-$ 3. South: Danbury Fair Commercial Subdivision, zoned C-G 4. East: Commercial /Retail, zoned C-G d. History of Previous Actions: N/A 7 & K Investments -CUP-07-014 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is a sewer rrlain located in Fairview Avenue. Location of water: There is a water main located in Fairview Avenue. Issues or concerns: Routing of sewer and water mains 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals /Ditches /Irrigation: N/A 5. Hazards: N/A 6. Size of Property: 46,140 square feet (1.06 acres) 7. Description of Use: Proposed 7,750 square-foot multi-tenant structure with adrive- through. f. Landscaping: 1. Width of street buffer(s): 25 feet on Fairview Avenue, an arterial street. 2. Width of buffers between land uses: N/A. However the Applicant has provided, at least, a 10-foot landscape buffer along the east property boundary. 3. Percentage of landscaped area: 32% (14,775 sq. ft.) 4. Other landscaping standards: UDC 11-3B-8 requires landscaping within and around parking lots. The landscaping standards for parking lots will be applied prior to issuance of a Certificate of Zoning Compliance permit (see Exhibit B, Conditions of Approval). g. Conditional Use Information: Procurement of a CUP is required where adrive-through facility is located within 300 feet of another drive-through, residential district, or an existing residence. The subject site abuts a residential zone to the northeast that is currently zoned R6 in Ada County. h. Off-Street Parking (Non-Residential Uses): 1. Parking spaces required: UDC 11-3C-6B establishes minimum parking standard for nonresidential uses. Within commercial districts, spaces shall be provided at one per 500 square feet of gross floor area. 2. Parking spaces proposed: 38 3. Parking spaces required: 16 4. Off-site parking proposed: N/A 5. Percentage of interior parking as landscaping: Prior to issuance of a Certificate of Zoning Compliance, Staff will ensure that the proposed parking lot is improved with landscaping according to UDC requirements (see Exhibit B, Conditions of Approval). f. Summary of Proposed Streets and / or Access: A full access is proposed from the site to Fairview Avenue. Fairview Avenue is under the jurisdiction of the Ada County Highway District (ACRD). With a former application, ACRD indicated approval of shared access at this location. Said application came before the J & K Investments -CUP-07-014 Page 3 CITY OF MERLDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 Commission in September of 2006 and included a request for a small coffee house with a drive-through, and an oil /Tube facility. The oil / lobe facility has received Certificate of Zoning Compliance approval from the Planning Department far construction of the oil /Tube building (and other associated improvements) and % of the driveway access to the site. The developer of the subject property will complete the other %z of the drive access. 7. AGENCY COMMENTS On June 15, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, and the Meridian Public Works Department. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. 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. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (Staff analysis in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) The City of Meridian plans to provide municipal services to the property in the .fallowing manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian City Fire Department. • The subject lands will be serviced by the Meridian Police Deportment (MPD). • The roadways adjacent tv the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. Municipal, fee-supported, services will be provided to this site by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) Staff is conditioning approval of the subject CUP upon the Applicant installing and maintaining landscaping on this site. Refer to the CUP Analysis, Section 10, for more information on landscaping at this site. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (chapter VII, Goal N, Objective D, Action 4) A 25 foot landscape buffer is mandatory for developing properties along arterial streets. The Applicant is proposing a 2S foot buffer along Fairview Avenue. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposal will contribute to the variety of uses in this area. J & K Investments -CUP-07-014 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FQR THE HEARING DATE OF JULY 5, 2007 Staff believes that the proposed multi-tenant retail shell and drive-through for this site is consistent with the Comprehensive Plan. 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. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists drive-through windows as Permitted / Conditional Uses in the C-G zone. The Applicant is required to obtain CUP approval, as the drive-through is to be located within 300 feet of a residential district (iJDC 11-4-3.11-A). b. Purpose Statement of Zone: The purpose of the purpose of the C-G district is to provide for commercial uses which are customarily operated or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services, as well as retail sales for the transient and permanent motoring public. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Staff is generally supportive of the proposed site and landscape design, labeled J & K Investments Meridian, LLC, and dated May 2007, with the following comments: Access: The Ada County Highway District (ACRD) has approved one access point to the subject property, a shared, full-access driveway from / to Fairview Avenue, located approximately 250-feet east of Jericho Road. This driveway currently exists and is partially constructed on the property to the west. Currently, the parking for the Idaho Athletic Club, the property to the east, is located up to the property line shared with the subject site. Despite this, Staff is requiring a stub connection at the terminus of the parking lot to said site to encourage future connectivity. Staff and the Meridian Fire Department have urged the Applicant to work with the neighbor to realize this access now; otherwise, the Fire Department will require an approved turnaround within the front parking lot for emergency vehicles. The Applicant should provide cross-access with the Idaho Athletic Club, Assessor's Parcel No. 81901000045. A perpetual vehicular cross-access easement should be dedicated to all other adjacent commercial parcels within the Doris Subdivision, Assessor's Parcel Nos. 81901000084 and 81901000104, as well. Prior to submittal for a Certificate of Zoning Compliance for the subject multi-tenant building, dedication of cross-access should be recorded with the Ada County Retarder. Parking: The Applicant is proposing to construct 2$ parking stalls. Only 16 parking stalls are required by Ordinance. UDC Table 11-3C-1 requires 90-degree parking stalls to be 19-feet long by 9 feet wide, adjacent to 25-foot wide drive aisles. UDC 11-3C-SB-4 allows parking stall dimensions to be reduced by 2 feet in length if 2 feet is added to the width of the adjacent sidewalk or landscape area. All parking should comply with the standards of the UDC. Drive-Through Design: Staff is generally supportive of the proposed drive-through configuration. UDC 11-4-3-11 states that "a site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties." At a minimum, the site plan shall demonstrate compliance with the following standards: Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of--way by patrons; J & K Investinents -- CUP-07-014 Page 5 CITY pF MERIDIAN PLANNING DEPARTMENT STAFF REPpRT FOR THE HEARING DATE OP JULY 5, 2007 The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. Staff finds that the site plan, as submitted, complies with the drive-thru standards set forth in UDC 11-4-3.11. Elevations: The Applicant has submitted elevations for the proposed structure (see Exhibit A). Staff is generally supportive of the proposed north- and south-facing elevations, prepared by Architecture Northwest, dated May 2007. However, the east- and west-facing portion of the structure will also be highly visible from Fairview Avenue. As proposed, said elevations are generally blank walls. Staff believes the Applicant should provide, at minimum, either one window on or awning along the east facade of the building. Staff encourages the Commission to consider the elevations and determine whether they are acceptable as is, or whether changes to the design and materials are warranted. Landscaping: The Applicant has proposed approximately 14,775 square feet of landscaping including, but not limited to, landscape buffers to adjacent properties, and landscaped stacking barriers. The UDC requires a 25-foot landscape buffer is along Fairview Avenue. The Applicant has also provided planter islands within the parking areas which generally meet the requirements of the UDC. Additionally, the subject application proposes at least ten feet of landscaping along the east boundary that is located adjacent to the Idaho Athletic Club property. The north portion of the east boundary also abuts a residential district. Per UDC 11-2S-3A, a 25-foot buffer is required between residential and commercial districts. The Applicant has provided in excess of 25 feet of landscaping far said buffer. This buffer should include a mix of evergreen and deciduous trees, which will form a barrier that allows trees to touch at maturity, shrubs, lawn, and / or other vegetative groundcover. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connectian to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature an the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Cade. 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-SB-lA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the applicant will be required to obtain a CZC from the Planning Department prior to applying for building permit, and all conditions must be met prior to issuance of occupancy. b. Staff Recommendation: Staff recommends approval of CUP-07-014 for J & K Investments, as presented during the hearing of July 5, 2007, based on the Findings of Fact listed in Exhibit C, and subject to the conditions of approval listed in Exhibit B. J & K Investments -CUP-07-014 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 11. EXHIBITS A. Drawings 1. Vicinity /Zoning Map 2. Site Plan (dated May 2007) 3. Landscape Plan (dated May 2007) 4. Building Elevations (May 2007) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Ada County Highway District C. Required Findings of Fact 7 & K Investments -CUP-07-014 Page 7 CITY OF MERiDiAN PLANN"iNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7ULY 5, 2007 A. Drawings 1. Vicinity /Zoning Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 2. J & K Investments Site Plan (dated May 2007) . ~... , w ~~ t ~ ~ ~~ ~ ~ ~ ~ ^ ~~ra.^^ 1 i ~-..~ _ :y~.~..- - -- I I I ..~ -- ~ F ~ ~~ ~ ~ ~ ~ t~ ~ 1.iR. ~a~ ~ ~,: ~~ ~ ~~~~i~~xi ~~ c7' @ ~ ~~7d~fpC3045~~c~Q~A ,~ ~ ~~ ~ -. ~ ~~ ~~~~i~.,~ ~1~ ~ir~~C~r ~ :~ :~ t ~: • ~~ v, i ~ ` ~ ~~ ~.. ~~ ~ ~ ~~ . ~ -~, Exhibit A ~~~ rn~i~~~~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 3..T & K Investments Landscape Plan (dated May 2007) v- i i i ,~ . r , t ~a~~. ',~. r .. R •~r Y+^~~`~~npj "~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7ULY 5, 2007 4. Building Elevations (dated May 2007) e.epww.nwr~ ` ~~ tri. 11~ r~~ ` '~ ~r~~ ~~'"~ rw~a7~ww tit~~i!^ r.yM M ~ ~' ~ - o- o- ~- o- c~- r o- ~' .I r i1 w~ !~ - o-- o- ~- o-. ~~. ~~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENTS 1.1 The Site Plan, labeled J & K Investments Meridian, prepared by Architecture Northwest and dated May 2007, is approved subject to the conditions listed herein. 1.2 Per UDC 11-3C-SB, provide a 27-foot wide landscape buffer, not 25 feet, along Fairview Avenue if adjacent parking is reduced to seventeen (17) feet in length, as currently depicted on the plan. Otherwise the adjacent parking stall length shall be increased to 19 feet and wheel stops provided for each parking stall. 1.3 Two-way traffic shall be limited to the parking areas. A "Do Not Enter" sign shall be installed to face south in the landscape buffer located just west of the drive through. 1.4 Cross-access shall be provided to all adjacent commercial properties. Prior to submittal for a Certificate of Zoning Compliance permit, provide Staff with a copy of a recorded cross-access easement in favor of said properties, Assessor's Parcel Nos. 81901000045, 81901000084, and 81901000104. 1.5 All sidewalks /walkways proposed adjacent to the proposed structure shall be a minimum of 5 feet wide according to UDC 11-3A-17. 1.6 The building elevations, labeled J & K Investments Meridian, prepared by Architecture Northwest and dated May 2007, are approved with the following condition. The Applicant shall install, at minimum, either a window or awning on the east-facing building facade. 1.7 The Landscape Plan, labeled J & K Investments Meridian, prepared by Architecture Northwest and dated May 2007, is approved subject to the conditions listed herein. A revised landscape plan shall be submitted with the Certificate of Zoning Compliance application for the subject retail use and accompanying drive-through. 1.8 UDC 11-3B-7C requires landscape buffers adjacent to streets to be planted with one tree per thirty-five lineal feet. Provide one more tree in the landscape buffer on Fairview Avenue. 1.9 UDC 11-3B-9 requires that all perimeter landscape buffers to adjoining uses be planted with, at minimum, one tree per thirty-five lineal feet. Provide two additional trees within the landscape buffer common to the subject property and the Idaho Athletic Club. 1.10 UDC 11-3B-9 requires that all landscape buffers adjoining residential uses include a mix of evergreen and deciduous trees, which will form a barrier that allows trees to touch at maturity, shrubs, lawn, and / or other vegetative groundcover. The landscape plan submitted with the Certificate of Zoning Compliance application for the subject building shall depict landscaping at the northeast property line which meets these UDC standards. 1.11 UDC 11-3B-$C requires that all interior parking lot planters at the ends of parking rows be landscaped with one tree and low shrubs, lawn, or other vegetative groundcover. Currently, three landscape planters do not depict trees. Provide at least one tree for each interior landscape planter on site. 1.12 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11 1.13 To ensure that the conditions of approval for CUP-07-014 are complied with, the Applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to construction of the building shell. 1.14 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 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. 1.15 No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.15 Staff's failure to cite specific ordinance provisions and/or applicable terms of the Doris Subdivision does not relieve the applicant of responsibility for compliance. 1.17 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. 2. PUBLIC WORKS DEPARTMENT 2.1 The Applicant shall install sewer and water mains to and through this development; 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 stub sewer and water mains to the parcels on the north and east of this development which are indicated on the site plan as Parcel Nos. 81901000100, and 819801000090. 2.3 The Applicant shall coordinate fire hydrant placement with the Public Works Department during plan review. 2.4 During plan review, a looped system maybe required to achieve adequate fire flows. 2.5 There shall be a 10-foot separation between all water mains and the high water mark of any drainage swale. 2.6 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. 2.7 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements such as fencing, micropaths, and landscaping maybe bonded for prior to obtaining certificates of occupancy. 2.8 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 2.9 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.10 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.12 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 3. FIRE DEPARTMENT Exhibit B CITX OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF .IDLY 5, 2007 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" 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 corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be place 1$" above fuush grade. g. Fire hydrants shall be provided to meet the requirements pf the IFC Section 509.5. h. Show all proposed or existing hydrants far all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 The parking lot abutting Fairview Avenue is greater than 150 feet. All roadways /driveways / parking lots exceeding 150 feet in length that are not provided with an outlet shall be required to have an approved turn around. 3.4 Operational fire hydrants, temporary ar permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.8 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 an a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. Far 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). 3.9 Work out an agreement with the Idaho Athletic Club to obtain cross-access for the front parking lot. Otherwise, the Fire Department will require an approved fire apparatus turn- around on-site. 4. POIGICE 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. ADA COUNTY HIGHWAY DISTRICT 5.1 SITE SPECIFIC CONDITIONS OF APPROVAL (SUBJECT APPLICATION) 5.1.1 Conditions and requirements far CUP-06-028 shall also apply to CUP-07-014. 5.2 SITE SPECTFIC CONDITIONS OF APPROVAL (CUP-06-028) 5.2.1 Dedicate an additional ten feet of right-of way abutting the site to total 60 feet of right-of=way from the centerline of Fairview Avenue. The Applicant will be compensated at Fair Market Value for the Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPQRT FOR THE HEARING DATE OF JULY 5, 2007 additional right-of--way dedication. Construct afive-foot concrete sidewalk a minimum of 53 feet from the centerline of Fairview Avenue. 5.2.2 Construct one driveway to align centerline-to-centerline with Stonehenge Way south of Fairview Avenue. Construct the driveway at a width of 30 feet, as proposed. Pave the driveway its full width 30 feet into the site. 5.2.3 Other than the access points that have specifically been approved with this application, direct lot access to Overland Road and Eagle Road is prohibited. 5.2.4 Comply with all Standard Conditions of Approval. 5.3 STANDARD CONDITIONS OF APPROVAL 5.3.1 Any existing irrigation facilities shall be relocated outside of the right-of way. 5.3.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 5.3.3 All utility relation costs associates with improving street frontages abutting the site shall be borne by the developer. 5.3.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5.3.5 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 numbers) for details. 5.3.6 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. 5.3.7 The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5.3.8 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. 5.3.9 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 5.3.10 It is the responsibility of the Applicant to verify all existing utilities within the right-of--way. The Applicant at no cast 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 at 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 5.3.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 5.3.12 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver /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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 C. Required Findings from Zoning Ordinance 1. Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located; The proposed building and drive-through window on this site can accommodate and meet all dimensional and development regulations of this District. Staff fmds that the subject property is large enough to accommodate the required setbacks, parking, landscaping, and other features required by Ordinance. The Commission should rely an Staff s analysis, and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title; Staff finds that the designated Comprehensive Plan designation far this property is "Commercial." The proposed use is generally harmonious with the requirements of the UDC (see Section 8 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 fmds that, if the Applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of amulti-tenant retail / restaurant building with adrive-through should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; 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 and domestic water are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, and ACRD. 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. 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; Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 If approved, the Applicant will be financing any improvements required for development. Staff fords 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; Staff recognizes that traffic and noise will increase with the approval of amulti-tenant retail /restaurant building with adrive-through use 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 finds that the proposed uses will not be detrimental to people, property, or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance; Staff fords that there should not be any health, safety, or environmental problems associated with this use that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, ar historic feature of major importance. Exhibit C