HomeMy WebLinkAboutJ & K Investments Retail CUP-07-014
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND DECISION & ORDER
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In the Matter of a Conditional Use Permit for an 7,750 square-foot, multi-tenant retail
building with a drive-through window in the C-G District for J & K Investments, by
Architecture Northwest
Case No(s): CUP~07-014
Planning & Zoning Commission Hearing Date: July 19, 2007 (Continued from July 5, 2007)
Findings for the Planning & Zoning Regular Meeting of: August 2, 2007
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 19, 2007, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 19, 2007, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 19,
2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 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 S
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). CUP-07-014
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 July 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
S ll-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 Plan, as evidenced by having submitted the Site Plan, labeled sheet
A-1.0 and updated June 2007, is hereby conditionally approved;
2. The Applicant's Landscape Plan, as evidenced by having submitted the Site I Landscape
Plan, labeled sheet A-l.l and dated May 2007, is hereby conditionally approved
3. The Applicant's Elevations, as evidenced by having submitted the Elevations, labeled
sheet A-6.0 and updated June 2007, is hereby conditionally approved; and,
4. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 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
CITY OF MERIDIAN fINDINGS OF FACT, CONCLUSIONS Of LAW, AND DECISION & ORDER
CASE NO(S). CUP-07-014
PAGE 2 of 4
eighteen (18) month deadline shall apply to the first phase. In the event that the
development is made in successive contiguous segments or multiple phases, such phases
shall be constructed within successive intervals of one (1) year from the original date of
approval. If the successive phases are not submitted within the one (1) year interval, the
conditional approval of the future phases shall be null and void. Upon written request and
filed by the applicant prior to the termination ofthe period in accord with 11-5B-6.G.I, 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
I. The Applicant is hereby notified that pursuant to Idaho Code S 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
Rcvicw may bc 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 July 19,2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S)_ CUP-07-014
PAGE 3 of4
By action of the Planni::J & Zoning Commission at its regular meeting held on the
d day of A.u CZf ' ,,~ ,2007.
COMMISSIONER MICHAEL ROHM
(CHAIR)
VOTED ~
COMMISSIONER DAVID MOE
VOTEDAbset'lb-
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED l ~l ~.
COMMISSIONER TOM O'BRIEN
VOTED l ~ a.
COMMISSIONER STEVE SIDDOW A Y
CHAIRMAN MICHAEL ROHM
Attest:
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Copy served upon Applicant, The"PlaFm1n-g\\Department, Puhlic Works Department, and City
Attorney.
By: ~k d~
City Clerk
Dated:
8~J-O I
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). CUP-07-014
PAGE 4 of 4
CITY OF MERlDlAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARiNG DATE OF illL Y 5, 2007
STAFF REPORT
Hearing Date: 7/512007
SUBJECT:
Planning & Zoning Commission
Amanda Hess, Associate City Planner
(208) 884-5533
J & K Investments
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FROM:
. CUP-07-014
Conditional Use Permit for a 7,750 square-foot building with a drive-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 for a 7,750
square-foot multi-tenant retail building with one drive-through window. The subject site is locat~u
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 CoG (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 (UDC) requires all drive-through establishments to obtain Conditional Use
Permit (CUP) approval where a drive-through facility is to he 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 for 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. The Meridian Planning and Zoning
Commission heard this item on July 5.2007. and July 19. 2007. At the July 19.2007. public hearing they
approved the subiect CUP request.
a. Summary of Commission Public Hearine::
1. In favor: Jason Slawson (Applicant's Representative)
11. In opposition: None
111. Commenting: Dan Woodall
lV. Staif presenting application: Amanda Hess
v. Other Staff commentin!! on application: Caleb Hood
b. Kev Issues of Discussion bv Commission:
i. That the Applicant reach an al!feement with the Idaho Athletic Club for cross-access;
11. The need for an emer!!encv turnaround within the front parkin!! lot if said cross-access
can not be realized (or some other alternative to mitil!ate this issue. such as a new parkinll
lot layout. the installation of bollards iust short of terminus of the parking lot to restrict
traffic to 150 feet. etc.);
iii. Concern over the short stackin!! lane for the proposed drive-through: and
lV. That the east facade incorporate a window and / or awninl! and possibly additional
materials such as stone.
c. Key Commission Chane:es to Staff Recommendation:
1. hlclude the updated plans and elevations in the staff report.
J & K Investments - CUP-07-014
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number
CUP-07-0I4 as presented during the hearing on July 5,2007, 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 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 Department Staff to prepare
an appropriate findings document to be considered at the next Planning and Commission hearing
on July 19, 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 I Location:
Lot 2, Block 2, Doris Subdivision
1330 E. Fairview Ave.
Meridian, ill 83642
Section 6, T3N RIE
b. Owner I Applicant:
J & K Investments, LLC
8716 Quail Ridge Drive
Nampa, ill 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 for a 7,750 square-foot multi-tenant building with a drive-through window.
1. Date of Site Plan (See Exhibit A): .May 2007 REVISED June 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 11-5B-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
cL Applicant po~ted notice on Slite hy: June 25, 2007
J & K Investments - CUP-07-014
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
6. LAND USE
a. Existing Land U se( 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-8
3. South: Danbury Fair Commercial Subdivision, zoned C-G
4. East: Commercial/Retail, zoned C-G
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: There is a sewer main located in Fairvicw 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 a drive-
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 lO-foot landscape buffer along the east property boundary.
3. Percentage oflandscaped 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 n:quin;:u wht:rt: a iliive-tlrrough 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):
J & K Investments - CUP-07-014
Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
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. Otf-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 (ACHD). With a former application, ACHD
indicated approval of shared access at this location. Said application came before the
Commission in September of 2006 and included a request for a small coffee house with a
drive.through, and an oil/lube facility. A Certificate of Zoning Compliance was granted from
the Planning Department for construction of the oil/lube building (and other associated
improvements) and 'lj of the driveway access to the site. The developer of the subject property
will complete the other 'lj 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. Staffhas included comments, conditions, and recommended
adiuus in Exhibit B bduw.
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 tor 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 following
manner:
. Sanitmy 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 Department (MPD).
. The roadways adjacent to 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.
J & K Investments - CUP-07-014
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5,2007
· "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action 5)
Staff is conditioning approval of the subject CUP upon the Applicant installing and
maintaining landscaping on this site. Refer to the CUP Analysis, Section 10, for more
information on landscaping at this site.
· "Require appropriate landscape and buffers along transportation corridors (setback, vegetation,
low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4)
A 25-.(oullundscape buffer is mandaTOry for developing properties along arterial streets. The
Applicant is proposing a 25-foot buffer along Fairview Avenue.
· "Plan for a variety of commercial and retail opportunities within the hnpact Area." (Chapter
VII, Goal I, Objective B)
Staff believes that the proposal will contribute to the variety of uses in this area.
Staff believes that the proposed multi-tenant retail shell and drive-through for tbis 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 I
Conditional Uses in the C-G zone. The Applicant is required to obtain CUP approval, as the
drive-through is tu bt: lucated within 300 feet of a residential district (UDe 11-4-3 .II-A).
b. Purpose Statement of Zone: The purpose of the purpose of the C-G district is to provide for
commercial ust:s 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 (ACHD) has approved one access point to the
subject property, a shared, full-access driveway from I 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. R1901000045. A perpetual vehicular cross-access easement should be dedicated to all
other adjacent commercial parcels within the Doris Subdivision, Assessor's Parcel Nos.
J & K Investments - CUP-07-014
Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5,2007
R1901000084 and R1901000104, 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 Recorder.
Parking: The Applicant is proposing to construct 28 parking stalls. Only 16 parking stalls are
required by Ordinance. UDC Table 11-3C-l requires 90-degree parking stalls to be 19-feet
long by 9 feet wide, adjacent to 25-foot wide drive aisles. UDC 11-3C-5B-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 sitc 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 ob:strul,;tiun uf the public
right -of-way by patrons;
· The stacking lane shall be a separate lane from the circulation lanes needed for acceflfl
and parking;
· The stacking lane shall not be located within ten feet (l 0 ') of any residential district
or existing residence;
· Any stacking lane greater than one hundred feet (l00') 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 supp0l1ive of the proposed n011h- and south-fal,;ing 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 minimnm, either one
window on or awning along the east fa~ade of the bnilding. 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 areafl 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 11-2B-3A, a
25-foot buffer is required between residential and commercial districts. The Applicant has
provided in excess of 25 feet of landscaping for said buffer. This butler 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, a single-point connection to the culinary water system shall be required. If a
J & K Investments ~ CUP-07-014
Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
single-point connection is used, the developer will be responsible for the payment of
assessments for the common areas prior to signature on 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 Code.
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-1A). To ensure that all of the conditions of approval
listed in Exhibit B are complied with, the Applicant will bt: rt:quired 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 ofCUP-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. The Meridian Planning and
Zoning Commission heard this item on July 5.2007. and July 19. 2007. At the July 19. 2007.
public hearinlZ the Commission approved the subiect CUP request.
11. EXHmITS
A. Drawings
1. Vicinity / Zoning Map
2. Site Plan (dated May 2007 REVISED June 2007)
3. Landscape Plan (dated May 2007)
4. Building Elevations (dated May 2007 REVISED June 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
J & K Investments - CUP-07-014
Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5,2007
A. Drawings
1. Vicinity / Zoning Map
N CARbI ~T l
R6
R~8
R-15
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5,2007
2. J & K Investments Site Plan (dated Ma-y 2007 REVISED June 2007)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5,2007
3. J & K Investments Landscape Plan (dated May 2007)
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FAIRVIEJJ AVE
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
4. Building Elevations (dated May 2007 REVISED June 2007)
Exhibit A
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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, laheled .T & K Investments Meridian, prepared by Architecture Northwest and
dated May 2007 REVISED June 2007, is approved subject to the conditions listed herein.
1.2 Per unc 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 connnercial properties. Prior to submittal for a
Certificate of Zoning Compliance permit, provide Statf with a copy of a recorded cross-access
easement in favor of said properties, Assessor's Parcel Nos. R1901000045, RI90I000084, and
R1901000104_
1.5 All sidewalks I 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 eatea Ma-y 2007 REVISED June 2007, are approved with the following condition.
The .^~pplieant shall iaGtall, at mimmuffi, either a Wffia0W or awning OR the east faeiFlg huildiHg
~.
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 II-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 conunon to thc subject property and the Idaho AtWetic 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 Ln:t:s Lu Luuch at maturity,
shrubs, lawn, and I 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-8C 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 -II.
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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
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
surety to the City in the fonn 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.
1.16 Staff's failure to cite specific ordinance provisions and/or applicable tenns 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 us cd in conformance of City of Meridian Public W Ol-ks Departments
Standard Specifications.
2.2 The Applicant shall stub scwcr and water mains to the parcels on the uurth and east of this
development which are indicated on the site plan as Parcel Nos. R190l000l00, and
R19801000090.
2.3 The Applicant shall coordinate fire hydrant placement with the Public Works Department during
plan review.
2.4 During plan review, a looped system may be required to achieve adequate fire flows.
2.5 Thcrc 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 easemeut fur 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
EXHIDIT A) and an 8112" x 11" map with bearings and distances (marked EXHmIT 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 may be bonded for prior to obtaining certificates of occupancy.
2.8 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as 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
may be required by the Environmental Protection Agency.
2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.12 Compaction test results shall be submitted to the Meridian Building Department for all building
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
pads receiving engineered backfill, where footing would sit atop fill material.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 ~" outlet tace 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 he provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
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 Thc parking lot abutting Fairvicw 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 flIe hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.5 Commercial and office occupancies will require a flIe-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 on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
3.9 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. 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. ADA COUNTY HIGHW A V DISTRICT
5.1 SITE SPECIFIC CONDITIONS OF APPROVAL (SUBJECT APPLICATION)
5.1.1 Conditions and requirements for CUP-06-028 shall also apply to CUP-OJ -014.
5.2 SITE SPECIFIC CONDITIONS OF AFPROV AL (CUP-06-028)
Exhibit B
5.2.1
5.2.2
5.2.3
5.2.4
5.3
5.3.1
5.3.2
5.3.3
5.3.4
5.3.5
5.3.6
5.3.7
5.3.8
5.3.9
5.3.10
5.3.11
5.3.12
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5,2007
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
additional right-of-way dedication. Construct a five-foot concrete sidewalk a minimum of 53 feet
from the centerline of Fairview Avenue.
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.
Other than the access points that have specifically been approved with this application, direct lot
access to Overland Road and Eagle Road is prohibited.
Comply with all Standard Conditions of Approval.
STANDARD CONDITIONS OF ApPROY AL
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 relation costs associates 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 fllt::
number) for details.
Utility street cuts in pavement less than five years old are not allowed unless appruvt:u in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
The Applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incOIporates 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 is required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
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 at 387-6190 in the event any ACHD conduitF; (F;pare or filled) are compromised during
any phase of construction.
No change in the terms and conditions of thiF; 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.
Any change by the applicant in the planned use of the property which is the subject of this
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5,2007
application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the Applicant or its successors in
interest advises the Highway District of its intent to change the planned use of the subject
property unless a waiver I 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 Pennit Findings:
The Commission shall hase 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 sitc can accommodate and meet all
dimensional and development regulations of this District. The Commission fmds that the
subject property is large enough to accommodate the required setbacks, parking, landscaping,
and other features required by Ordinance. The Commission should rely on Staff s analysis,
and any oral or written public testimony provided when detennining 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;
The Commission finds that the designated Comprehensive Plan designation for this property
is "Commercia1." 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;
Thc Commission finds that, if thc Applicant complies with the conditions outlined in this
report, the general design, construction, operation, and maintenance of a multi-tenant retail!
restaurant building with a drive-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;
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. The
Commission should rely upon any public testimony provided to detennine if the development
will adversely affect the other property in the vicinity.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer;
The Commission finds that sanitary sewer and domestic water are currently available to the
subject property. Please refer to any comments prepared by the Meridian Fire Department,
Police Department, and ACHD. Based on comments from other agencies and departments,
the Commission fmds 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 DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
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.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property, or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or
odors;
The Commission recognizes that traffic and noise will increase with the approval of a multi-
tenant retail/restaurant building with a drive-through use in this location; however, the
Commission does not believe that the amount generated will be detrimental to the general
welfare of the publil:. Tht: Commission does not anticipate the proposed use will create
excessive noise, smoke, fumes, glare, or odors. The Commission finds that the proposed uses
will not be detrimental to people, property, or the general welfare of the area_
h. That the proposed use will not result in the destruction, loss, or damage of a natural,
scenic, or historic feature considered to be of major importance;
The Commission [mds that there should not be any health, safety, or environmental problems
associated with this use 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