HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
STAFF REPORT
Hearing Date: December 20, 2007
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
(208)884-5533
SUBJECT: Rockin' KB Saloon
E~ ~ IDIAN
DEC 1 ~ 2007
R~07-019 CI`I•~ Or= l~l~RlDIAN
Rezone of 2.20 acres from the I-L to the C-G zoning dist~i ct~ C L E ~: ~~ O ~ F I C E
• CUP-07-019
Conditional Use Permit for the operation of a drinking establishment in a
proposed C-G zoning district
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Patrick McKeegan, is requesting a Rezone (RZ) of 2.20 acres from the I-L to the C-G
zoning district. A Conditional Use Permit (CUP) is also requested for the operation of an 8,042
square foot drinking establishment in the proposed C-G zoning district. Per UDC 11-2D-2, drinking
establishments require CUP approval in the C-G zoning district.
The site is located at 3163 E. Lanark Street, on the southwest corner of N. Eagle Road and Lanark
Street.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested RZ & CUP applications below. Staff
recommends approval of R~07-019 & CUP-07-019 for the Rockin' KB Saloon, based on the
Findings listed in Exhibit D and conditions of approval listed in Exhibit B of the staff report.
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to recommend approval of File
Numbers RZ-07-019 & CUP-07-019, as presented in the staff report for the hearing date of December
20, 2007, with the following modifications to the conditions of approval: (add any proposed
modifications).
Denial
After considering all Staff, Applicant, and public testimony, I move to recommend denial of File
Numbers RZ-07-019 & CUP-07-019, as presented during the hearing on December 20, 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).
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Numbers RZ-07-
019 & CUP-07-019 to the hearing date of (insert continued hearing date here) for the following
reason(s): (you should state specific reason(s) for continuance)
Rockin' KB Saloon RZ-07-OI9 & CUP-07-019 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3163 E. Lanark Street
Located in the southeast '/< of Section 8, Township 3 North, Range 1 East
b. Owner:
3163 Lanark, LLC
4696 Overland Road, Ste. 152
Boise, ID 83706
c. Applicant /Contact:
Patrick McKeegan, McKeegan Architects
280 N. Latah, Ste. 100
Boise, ID 83706
d. Present Zoning: I-L (Light Industrial)
e. Present Comprehensive Plan Designation: Industrial
f. Description of Applicant's Request: The Applicant is requesting a Rezone of 2.20 acres from the
I-L to the C-G zoning district and a Conditional Use Permit for the operation of an 8,042 square
foot drinking establishment in a proposed C-G zoning district.
g. Applicant's Statement/Justification (reference submittal material): The applicant believes that
because the saloon's primary business hours will be from 5 p.m. to 2 a.m., the proposed use
would be a good fit with the existing tenants who are open during the day and close at 5 or shortly
thereafter. Additionally, this building is not located near any residential zones or uses so noise
levels are not an issue. See applicant's narrative submitted with the application for more
information.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By
reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public
hearing is required before the Planning and Zoning Commission and City Council on this matter.
b. The subject application will, in fact, constitute a conditional use as determined by City
Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D,
a public hearing is required before the Planning and Zoning Commission and City Council on this
matter.
c. Newspaper notifications published on: December 3, 2007 and December 17, 2007
d. Radius notices mailed to properties within 300 feet on: November 21, 2007
e. Appl-icant posted notice on site by: December 10, 2007
6. LAND USE
a. Existing Land Use(s): There is currently a new, vacant 6,500 square foot building on the
southern portion of this site that the applicant proposes to use for a bar (drinking establishment)
along with a portion (1,800 square feet) of an adjacent existing multi-tenant building to the north.
The adjacent multi-tenant building to the north is vacant except for one warehouse/retail business.
Rockin' KB Saloon RZ-07-019 & CUP-07-019 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
b. Description of Character of Surrounding Area: The surrounding area consists of retail &
industrial uses and commercial & industrial zoned vacant land.
c. Adjacent Land Use and Zoning
1. North: Vacant land, zoned C-G
2. East: Eagle Road and retail (R.C. Willey's), zoned C-G
3. South: Vacant land, zoned I-L
4. West: Industrial uses, zoned I-L
d. History of Previous Actions:
• This property was previously platted as Lots 1 & 2, Block 2, of Olson & Bush Industrial Park
subdivision.
• A Record of Survey (#7190) was recorded in 2005 as Instrument Number 105198226 that
changed the configuration of Lots 1 and 2, Block 2.
• A Certificate of Zoning Compliance (CZC-OS-099) was approved in 2005 fora 6,000 square
foot office/warehouse building on the southern portion of this site. This is the building in
which the main area of the drinking establishment is proposed to be located Note: If the
subject RZ and CUP request is approved, a CZC will be required jor a change in use of the
site from an office/warehouse to a drinking establishment.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Existing building already serviced.
Location of water: Existing building already serviced.
Issues or concerns: None
2. Vegetation: There is some existing landscape within the parking lot area on this site (the
street buffer along Eagle Road does not contain landscaping).
3. Floodplain: N/A
4. Canals/Ditches Irrigation: N/A
5. Hazards: N/A
6. Existing Zoning: I-L (Light Industrial)
7. Property Size: 2.20 acres (annexation area)
f. Conditional Use Information:
1. Non-residential square footage: 8,042 square feet
2. Hours of Operation: 5:00 p.m. to 2:00 a.m. Monday thru Saturday
3. Seating Capacity: 243
g. Landscaping: (see Analysis below for more details):
1. Width of street buffer(s): 35 feet along Eagle Road and 10 feet along Lanark Street
2. Width of buffer(s) between land uses: N/A (There are no residential uses that abut this site.)
3. Percentage of site as open space: N/A
Rockin' KB Saloon RZ-07-019 & CUP-07-019 Page 3
CITY OF M-ERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
4. Other landscaping standards: Landscaping within and around the parking lot is required in
compliance with the standards listed in UDC 11-3B-8 and UDC 11-3B-12 (see Section 10,
analysis below for more information).
h. Off-Street Parking:
1. Parking spaces required: 16 (in the proposed C-G zoning district)
2. Parking spaces provided: 69 (includes shared parking with adjacent site on which the office,
storage, and restrooms associated with the saloon are located)
3. Compact spaces provided: 3
Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this
site is provided from N. Eagle Road via Lanark Street. No new access points or streets are
proposed or approved with this application.
7. COMMENTS MEETING
On November 30, 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, Police Department, and the Sanitary Services
Company. Staff has included comments, conditions, and recommended actions in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map designates the subject property as "Industrial." The
land use categories and locations depicted on the map are conceptual. For this reason, the Planning
Director has determined that the proposed C-G zoning district is generally consistent with the
Comprehensive Plan because of the adjacent commercial uses and zoning to the north and east of the
subject property and because of the property's location on Eagle Road. Further, Planning Staff
believes that commercial uses are more appropriate than industrial uses adjacent to transportation
corridors such as Eagle Road for aesthetic reasons. For this reason, an amendment to the future land
use map is not requested nor is it considered necessary by the Planning Director for the rezone request
to the C-G zoning district. However, the Commission and Council should also determine if the
applicant's request is appropriate and in the best interest of the City.
Staff finds that the request generally conforms to the stated purpose and intent of the Comprehensive
Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and
apply to the proposed use (staff analysis in italics):
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action item 2)
Although the subject property is located adjacent to Eagle Road, an arterial street, no access
points are proposed or approved to Eagle Road with this application. Access to the site is
proposed from Lanark Street.
• "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Objective D, Action item 5)
The applicant will be responsible for installing and maintaining parking lot landscaping
prior to issuance of Certificate of Occupancy for the proposed use on this site.
Rockin' KB Saloon RZ-07-019 & CUP-07-019 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
• "Permit new ...commercial development only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City." (Chapter
IV, Goal I, Obj. A, #6)
This property is already within the City and sanitary sewer and water have already been
provided to this site.
• "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
Staff is not aware of any other drinking establishments, except for those contained in a
restaurant, in this area. For this reason, the proposed use will contribute to the variety of
uses in this part of the City.
• Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII,
Goal IV)
The area surrounding this property consists of industrial and commercial uses. Because there
are no residential properties in the immediate area, Staff believes that the proposed use
should be compatible with existing and future uses in the area.
Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible
with the surrounding uses. Staff recommends that the Commission and Council rely on any verbal
or written testimony that may be provided at the public hearing when determining if the applicant's
request is appropriate for this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and
conditional uses in the C-G zoning district. Drinking establishments require conditional use
permit approval in the C-G zone with Specific Use Standards as stated in UDC 11-4-3-10 (see
Section 10, Analysis, for specific use standards).
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 (C-N, C-C, C-G, and L-O) are designated which differ in the size and scale of
commercial structures accommodated in the district, the scale and mix of allowed commercial
uses, and the location of the district in proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the
proposed RZ & CUP request as presented in the staff report, with the following comments:
1. .Rezone (RZ): The applicant is requesting to rezone 2.20 acres from the I-L to the C-G
zoning district in order to use a portion of the site for a drinking establishment. Drinking
establishments are not permitted in the existing I-L zoning district. However, a drinking
establishment is allowed with approval of a conditional use permit in the proposed C-G
zoning district.
The subject property consists of two lots (Lots 1 & 2, Block 2) in Olson & Bush Industrial
Park. A Record of Survey (ROS) (#7190) was recorded in 2005 that changed the
configuration of the lot lines to its current configuration. The ROS depicts the northwest
property as Parcel A and the southeast property as Parcel B.
Rockin' KB Saloon RZ-07-019 & CUP-07-019 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
The legal description for the proposed rezone submitted with the application (prepared on
October 4, 2007, by Timothy J. Fox, PLS) shows the property within the existing corporate
boundary of the City of Meridian (see Exhibit C).
Development Agreement: UDC 11-SB-302 provides the Planning & Zoning Commission
and City Council the authority to require a property owner to enter into a Development
Agreement with the City of Meridian that may require some written commitment for all
future uses. In this instance, staff believes that a Development Agreement is not
necessary because there are no residences nearby that would be impacted by the
proposed use and because conditions of approval can be and are included with the
concurrent CUP application. If the Commission or Council feels that a development
agreement is necessary, staff recommends a clear outline of the commitments of the
developer being required.
Note: The property boundaries of the proposed RZ and CUP applications are not the same.
See map in Exhibit A.1 for boundaries of RZ and CUP applications.
2. Conditional Use Permit (CUP): Per UDC 11-2D-2, a "drinking establishment" requires
CUP approval in the C-G zoning district. Because operations associated with the proposed
drinking establishment will be contained within two properties, both properties are
required to comply with current development standards in the UDC (see analysis below
and conditions of approval in Exhibit B).
The applicant is proposing an 8,300+/- square foot bar/saloon/drinking establishment
consisting of approximately 6,500+/- square feet in the main building with an additional
1,800+/- square feet in the adjacent building. The main building is proposed to house the bar,
seating, mechanical bull riding area, dance floor and an area for special events such as live
music and other entertainment. The secondary area is proposed to be used for the restrooms,
storage and offices associated with the bar. (See Floor Plan in Exhibit A.3 of this report.) The
area between the two buildings is proposed to be partially covered with a canopy. An area in
the front of the building is proposed to be separated from the parking lot by a stucco fence to
provide outside seating during fair weather.
The applicant submitted asite/landscape plan, floor plan, and building elevations with this
application that are included in Exhibit A of this report.
Per UDC Table 11-2B-2, drinking establishments are subject to Specific Use Standards as
follows:
Specific Use Standards for Drinking Establishments per UDC 11-4-3-10:
A. The facility shall comply with all Idaho Code regulations regarding the sale,
manufacturing, or distribution of alcoholic beverages. The applicant should comply
with this standard.
B. The drinking establishment shall not be located within three hundred feet (300') of a
property used for a church or education service. Nor shall the drinking establishment
be located within one thousand feet (1,000') of an adult entertainment establishment.
Staff is unaware of any church or education service within 300' of this property, or
adult entertainment establishment within 1,000' of this property.
C. For properties abutting a residential district, no outside activity or event shall be
allowed on the site, except in accord with Chapter 3 Article E TEMPORARY USE
REQUIREMENTS of this Title. This property does not abut a residential district.
Rockin' KB Saloon RZ-07-019 & CUP-07-019 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
Access: Access to the site is provided from Eagle Road via Lanark Street. No new access
points to this site are requested or approved with this application. Direct access to Eagle Road
is prohibited.
Parking: In commercial districts, the UDC (11-3C-6) requires one vehicle space to be
provided for every 500 square feet of gross floor area. The drinking establishment is proposed
to consist of 8,042 square feet. Therefore 16 parking spaces are required per UDC
requirements. The applicant is proposing 69 parking spaces (including 3 compact spaces) that
will be shared with the adjacent tenants. The adjacent building consists of 10,488 square feet,
excluding the portion proposed for restrooms, storage, and an office as part of this
application; therefore, 21 spaces would be required for the multi-tenant building. Overall, the
site would require 36 parking spaces; 69 are provided. The adjacent tenants are open during
the day and close at 5 or shortly thereafter; the proposed bar's hours will be from 5 p.m. to 2
a.m. Staff is supportive of the proposed parking as it far exceeds that required by the UDC.
Outdoor Seating: The applicant is proposing an outdoor seating area in front of the main
building at the southwest corner of the parking lot. This area is proposed to be separated from
the parking lot by a stucco fence to provide outside seating during fair weather. Staff does not
object to the proposed outdoor seating and it is approved with the subject CUP.
Trash Enclosure: There is an existing trash enclosure on the site that is enclosed by a chain
link fence with slats for screening. The UDC does not allow slats as a screening material or
chain link fencing in commercial districts. A trash enclosure should be constructed around
the dumpster that complements the overall design of the buildings on the site so that the
visual impact of the dumpster is fully contained and out of view.
Sidewalks: Currently, there is not a sidewalk adjacent to Lanark Street. The iJDC (11-3A-
17) requires a minimum 5-foot wide sidewalk to be constructed on the south side of Lanark
along the northern boundary of this site. The applicant should construct a sidewalk
adjacent to Lanark Street in accordance with the aforementioned standards.
Multi-Use Pathway: All developments adjacent to State Highway 55 (Eagle Road) are
required to construct a 10-foot wide multi-use pathway adjacent to the state highway in
compliance with UDC 11-3H-4C3. The applicant shall comply with this requirement by
constructing an attached 10-foot wide pathway on the west side of Eagle Road along the
full length of the east boundary of the subject property. Said pathway shall be
constructed within the right-of--way or a public use easement and street lights shall be
installed consistent with the Eagle Road Corridor Study. Coordinate the exact location
of the pathway with ITD staff.
Landscaping: The existing landscaping on the site is depicted on the site/landscape plan
submitted with this application (Sheet SD-1.0, dated 10/2/03). Staff has reviewed the
submitted plan and found several areas that are not in compliance with current UDC
standards. The following items should be noted and modifications to the plan should be made
accordingly:
• Typically, a 35-foot wide landscaped street buffer would be required along Eagle
Road, an entryway corridor. However, the applicant submitted a letter from the Idaho
Transportation Department (dated September 20, 2007) stating that ITD does not
encourage landscaping within the right-of--way because landscaping may need to be
removed because of highway improvements and/or maintenance (see Exhibit A.5).
They (ITD) do not replace or repair the landscaping in these instances. Further,
landscaping within the right-of--way requires maintenance and this would need to be
done by someone other then ITD personnel and they prefer not to have non-ITD
Rockin' KB Saloon RZ-07-0'19 & CUP-07-019 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT'FOR THE HEARING DATE OF DECEMBER 20, 2007
personnel working in the right-of--way. Landscaping within the right-of--way requires
approval of a permit to do so; however, ITD discourages this if possible. For this
reason, staff is not requiring the applicant to install landscaping within the buffer
adjacent to Eagle Road. The entire buffer width is still required for setback
purposes, but landscaping is not required.
• Per UDC Table 11-2B-3, a 10-foot wide street buffer is required along Lanark Street
in compliance with the standards listed in UDC 11-3B-7 and 11-3B-5. A buffer
currently exists on the site; however, additional landscaping (trees and vegetative
groundcover) is required in compliance with the aforementioned sections of the
UDC.
Parking lot landscaping is required in accordance with the standards listed in UDC
11-3B-7. Staff has reviewed the site/landscape plan and several additional trees are
required to be installed within the planter islands and perimeter landscape buffer
along with vegetative groundcover to meet current UDC standards. Required
landscape areas are required to be at least 70% covered with vegetation at
maturity; the existing gravel within the landscape areas does not conform. Remove
and replace some/all of the gravel with vegetative groundcover in accordance with
the aforementioned requirement. Additionally, all planter islands shall be a
minimum of S feet in width, measure inside curbs and planter islands shall be
placed at the ends of rows of parking; one planter island, located at the southeast
corner of the multi-tenant building, is below the required width; and, a planter
island is required at the south end of the row of parking that is adjacent to the
proposed outdoor seating area.
• A new trash enclosure should be constructed around the dumpster that
complements the overall design of the buildings on the site and shields it from
view as discussed above (chain link fencing with slats is prohibited).
A revised site/landscape plan that meets current UDC standards as discussed, should
be submitted with the Certificate of Zoning Compliance application for the change is
use of this site.
Hours of Operation: The hours of operation for the proposed use as stated in the application
are from 5 p.m. to 2 a.m. Monday thru Saturday.
Elevations: Elevations of the existing building were submitted with this application and are
included as Exhibit A.4 in this report. Staff approves of the elevations of the existing building
as shown with no changes.
Design Standards: Because this site is located adjacent to an entryway corridor, it is subject
to the design standards listed in UDC 11-3A-19. Staff has reviewed the required standards
and found the site generally complies with all of the them except the following: 1) an 8-foot
wide pedestrian walkway is required from the sidewalk along Eagle Road to the main
building entrance; and 2) no more than 70% of the off street parking area for the structure
shall be located between the front facade of the structure and abutting streets, unless the
principal building or parking is screened from view by other structures, landscaping and/or
berms. The building and parking area on this site has already been constructed. Because of
the topography of this site (there is a substantial grade difference between Eagle Road and
the site -Eagle Road is quite a bit higher and the land slopes quite severely down toward the
site) it would not be feasible to construct a pathway to the site from Eagle Road. Further,
although all of the parking is located between the building and Eagle Road, the parking area
is screened by the slope of the land in this area. Compliance with the design standards listed
Rockin' KB Saloon RZ-07-019 & CUP-07-0I9 Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
in UDC 11-3A-19C will be required with the Certificate of Zoning Compliance for the
change in use of this site. However, because of the topography of the site, the applicant may
request approval of Alternative Compliance (UDC 11-SB-5) pertaining to the requirement for
a pathway from Eagle Road to the main building entrance.
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 (iTDC 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
CZC approval from the Planning Department prior to establishment of the new use. All
improvements must be installed prior to occupancy. Because this site is located adjacent
to an entryway corridor, compliance with the design standards listed in UDC 11-3A-
19C is required. Design Review approval should be requested concurrently with the
CZC application.
b. Staff Recommendation: Staff recommends approval of RZ-07-019 & CUP-07-019 for the
Rockin' KB Saloon, based on the Findings listed in Exhibit D and conditions of approval
listed in Exhibit B of the staff report.
11. EXHIBITS
A. Drawings/Other Documents
1. Zoning/Vicinity Map
2. Site/Landscape Plan
3. Floor Plana
4. Building Elevations
5. Letter from the Idaho Transportation Department Regarding Street Buffer Landscaping along
Eagle Road
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. Idaho Transportation Department
C. Legal Description & Exhibit Map
D. Required Findings from the Unified Development Code
Rockin' KB Saloon RZ-07-019 & CUP-07-019 Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
A. Drawings
Rezone Boundary
Conditional Use Permit
Boundary
Exhibit A Page 1
1. Zoning/Vicinity Map
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
2. Site/Landscape Plan (dated: 10/2/03, Sheet SD-1.0)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
4. Building Elevations
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
5. Letter from the Idaho Transportation Department Regarding Street Buffer Landscaping along Eagle
Road
i}qt_ I]: 2041 10`::2;3AM' PATR'I_CK MCKEECAN ARCH-I•TE'CT ~150;.10:~3 ~. 2
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Patrick' Mc Eeegan
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Bois®, (deho,83705
Re:. 3134!3163 Lanark: Street Landscaping
[5ear`Mr. tutcKeegan;
We received'your letter sonceming, landscaping wlfhln the SH 55 (Eagle Rd:.}~ rghk of way. It you'were to
have a desire-to lartdseape vutthin the right of way you wouid`be required to apply #or a permit. to do so.
I TD: does not encouiage this, as fa. ndscapfrlg may need to be removed because of highway
improvements' and/or maintenance: We would not replace or repair'the landscaping; Landscaping within the
right of'requires maintenance,and thi9'wauid need do be-d'one by someone other than ITD•petsonnel. We
would prefer not to have non ITD personnet:working In the right of way: Landscaping-permits have been
issued in the past'but we try to discourage ftiis if possibte: '
tE,you. have any guesflons concerning tYie accsss please call me at 339=89U1;
Sincerely , -- ~ _
~~>(~Yr
ate
Senior!'tanner
~an,Arotiit~ .
.. - t
o~T
RECEIVED
Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
B. Comments/Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Rezone -Comments
1.1.1 The legal description for the proposed rezone submitted with the application (prepared on
October 4, 2007, by Timothy J. Fox, PLS) shows the property within the existing corporate
boundary of the City of Meridian (see Exhibit C).
1.2 Conditional Use Permit -Site Specific Conditions of Approval
1.2.1 The Site/Landscape Plan submitted with this application, included as Exhibit A.2, shall be revised
as follows:
a. Additional landscaping (trees and vegetative groundcover) is required within the 10-foot wide
street buffer along Lanark Street in compliance with the standards listed in UDC 11-3B-5 and
11-3B-7.
b. Additional parking lot landscaping (trees and vegetative groundcover) is required to be
installed within the planter islands and perimeter landscape buffer in compliance with the
standards listed in UDC 11-3B-7. The existing gravel within the landscape areas shall be
removed and replaced with vegetative groundcover.
c. ATl planter islands are required to be a minimum of 5 feet in width, measure inside curbs, per
UDC 11-3B-8C. The planter island at the southeast corner of the multi-tenant building
measures 4 feet in width; reconstruct according to the aforementioned UDC requirement.
d. A planter island is required to be constructed at the south end of the row of parking adjacent
to the proposed outdoor seating area in accordance with the standards listed in UDC 11-3B-
8C.
1.2.2 The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or
distribution of alcoholic beverages.
1.2.3 To ensure that all of the conditions of approval for CUP-07-019 are complied with, the Applicant
shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning
Department prior to commencement of the new use. (A Design Review application is required to
be submitted with the CZC application. Alternative Compliance may be requested for the
requirement of an 8 foot wide pedestrian pathway from Eagle Road to the main building
entrance.)
1.2.4 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.
1.2.5 No new signs are approved with this CUP application. All business signs require a separate sign
permit in compliance with the sign ordinance (UDC 11-3D-10).
1.2.6 Direct access to Eagle Road is prohibited.
1.2.7 Landscaping is not required within the 35-foot wide street buffer adjacent to Eagle Road, per
request of the Idaho Transportation Department (see letter in Exhibit A.5). This area shall be
maintained in an attractive manner, free of combustibles and weeds.
1.2.8 Outdoor seating is approved as depicted on the site/landscape plan submitted with this
application.
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
1.2.9 The hours of operation of the proposed use shall be limited to the hours between 5 p.m and 2 a.m.
1.2.10 Anew trash enclosure shall be constructed around the dumpster at the southeast corner of the site
that complements the overall design of the buildings on the site so that the visual impact of the
dumpster is fully contained and out of view (chain link fencing with slats is prohibited).
1.2.11 The applicant shall construct a minimum 5-foot wide sidewalk along the south side of Lanark
Street along the northern boundary of the subject property in compliance with UDC 11-3A-17.
1.2.12 The applicant shall construct an attached 10-foot wide multi-use pathway along the west side of
Eagle Road along the full length of the east boundary of this site in compliance with UDC 11-3H-
4C3. Said pathway shall be constructed within a public use easement (or ITD right-of--way, if
allowed) and street lights shall be installed consistent with the Eagle Road Corridor Study.
1.2.13 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use permit must be obtained prior to operation.
2. PUBLIC WORKS DEPARTMENT
2.1 All utilities have been installed with the 2005 CUP for Pacific NW Electric.
2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
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.
2.3 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
3. FIRE DEPARTMENT
3.1 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.
3.2 Provide a Knox box entry system for the complex prior to occupancy.
3.3 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.4 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.5 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 rn) 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).
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
3.6 Provide street name below numbering on address sign.
3.7 This occupancy required a five alarm system.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns with the site design as submitted with the application.
6. SANITARY SERVICES COMPANY
6.1 SSC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACRD did not submit comments on this application.
8. IDAHO TRANSPORTATION DEPARTMENT
8.1 No direct access will be permitted to Eagle Road; access will be from E. Lanark.
Exhibit B Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
C. Legal Description & Exhibit Map
SOX .:Land S~rweys, /nc:
astae we ov~,+~a-f~a..gte~l~etaotse.ta~nonessose~os.~ax-x~sriazaa-sax-T,as~ Faz
107 1
OF IANArtIC STREk"7'AtiiD.EAGE: ROAD,;LOCATEp~IN~A t?CR7rON:OF TMk:SQ31TFfEAST
%; o~ Ti+E Sou»~E+nsT %, Sec-aox B,,TowNS-stP 3 Notes, Rn~r3~ t EnsT,
BO1SE`ME'RIDllW, CITY OF MERID1ArJ, AoA C4UN7Y,1DAk0
Gof.1 and 2. Block 2 of ttie Olson and Bush Industrial Parts Subdivisisn and a P..ottion of
Lar~aik Str+eat~and Eagle Road;Located m~a Portion of ttie Southeast ~%. of'tF-e-Southeast
/., Section 8, Township 3 Noitti, F.tange 1 East;. Boise MeridiaA, City- of Meridian, Ada
County., Idaho, more particularly descn'oed as follows;
Beginning at:Use found;Brass cap marking the SouU~east cornet of Section 8, T.3N, R, 4E,
from wtiicFt ttie found t3rass Cap marking fhe~East 1/4~ csrrier of Section. 8 bears North
01°28't)8" East.a'distance of265012 feet;
Thanes along,the Easterty'tiouniiary, line of said $edion 8, North Ot°28'08°'East, a
clistanoe of'49800' feet.to,fhe TtttJE POINT OF" BEGINNING;
thence along tha: South 6ne of_kots 1~&_~, Blook2 otthe Olson: and, Bush Irtdu"stria) Park
Subdviswn and the easterly extension,iliereof,'Nartti"8.8°28'17° Vltest a distance~of 320.07
feet toga tl(sturted'found %~inch rebar,, reptaceri w+ttt a set 518 inch ieba with plastic cap
stamped °PLSI!,PLS 7612° at the Southwest Amer of, sold tot 2;
(hence along; tttie 1/Vest boundary line of said .lot 2 and'. the_nsrttteriy extension thereof,
North. 01 •28'.08' t_.ast a .distance of 299.92 feet; to a poinf on the center tine of Lansik
Stn3ei;
ttiense along-said oenterilne: South 88°28'08" East a d'rstartoe of 320.07 fee€ to a point of
its' irtersecfion with East line of $ec~ign 8;
thence along-'said East-tine ot• Section 8, South 01"28'08_" 1/Vest a distance sf 299:91 feet#s
the.TRITE POINTOF BEGINNING.
Containing 2.203 ectes, more or less.
Subject to existing easements and ~fights.of-way as any may exist, of record' or .not. o
record;
The basis-of.Bearings for this description is between ttie. found Brass cap marking tht
Southeast Section sorrier of Section 8, T:3N, f 2:1 E, and the found Brass Gap. marking t6~
East 114 comeraf Section 8 which beats North 01°28'08" East.
Timothy J. ;Fox;. PCS 7612.
END:OF DESCRfPTiON'
W:IRROJE(TS121X3105000:P1itIPROJE6MPSCRIP730EV$1f04 BOUAIDA[tY UESG:DOC.
REVIE P, YAL
BY
UCT t 6 20Q7
W(jF2KS OEPL'C
Exhibit C Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
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Exhibit C Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from I-L to C-G. Staff finds that
the proposed zoning map amendment complies with the applicable provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
staff report for more information.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that drinking establishments require conditional use permit approval in the
requested C-G zoning district. Staff finds that the use of this property as a drinking
establishment complies with the established regulations and purpose statement of the C-G
zone.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. Staff recommends that the Commission and Council rely on any oral or
written testimony that maybe provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Staff finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation.
2. Conditional Use Permit Findings:
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Staff finds that the site is large enough to accommodate the proposed use and meet all current
regulations of the C-G zoning district. (see Section 10, Analysis, for more information).
Off-street parking is required at the ratio of one space per 500 square feet of gross floor area
in commercial districts (UDC 11-3C-6). Sixteen off-street parking stalls are required for this
site; sixty-nine are provided, which complies with this requirement.
Exhibit D Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
Staff recommends the Commission rely on 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 Comprehensive Plan Future Land Use Map designation for this property is
Industrial. However, because the land use designations on the future land use map are
conceptual in nature, the Planning Director has determined that the requested C-G
(commercial) zoning district is appropriate in this instance because of surrounding uses and
the property's proximity to Eagle Road. The proposed use is generally harmonious with the
requirements of the UDC (See Sections 8 and 10 above for more information regarding the
requirements for this use).
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
Staff finds that, if the Applicant complies with the conditions outlined in this report, the
operation of the proposed use should be compatible with other uses in the general area and
with the existing and intended character of the area. Further, Staff believes that the proposed
use will not adversely change the essential 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 use will not adversely affect other property in the area. The Commission and
Council should rely upon any public testimony provided to determine if the development will
adversely affect the other property in the vicinity.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
Staff finds that sanitary sewer, domestic water, refuse disposal, and imgation are currently
available to the subject property. Because the business is currently served by the above-
mentioned public facilities and services, Staff finds that the proposed use will continue to be
served adequately by those facilities and services previously mentioned.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the Applicant will be financing any improvements required for the proposed use.
Staff finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
Staff does not believe that any of the above-mentioned conditions generated by the proposed
use of the property will be detrimental to any persons, property, or the general welfare of the
Exhibit D Page 2
CITY OF MERIDIAN PLANNING DEPARTM-ENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
public. Staff does not anticipate the proposed use will create excessive traffic, noise, smoke,
fumes, glare, or odors.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic, or historic feature considered to be of major importance.
Staff finds that there should not be any health, safety or environmental problems associated
with the proposed use that should be brought to the Commission's attention. Staff fmds that
the proposed use will not result in the destruction, loss or damage of any natural, scenic, or
historic feature of major importance.
Exhibit D Page 3