Loading...
HomeMy WebLinkAboutCherry Crossing CUP-01-016BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08-21-01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR CHERRY ) CROSSING IN THE C-N ZONE ) A SAV-ON DRUG STORE WITH ) A DRIVE-THRU PHARMACY ) AND FUEL PUMPS AND TWO ) OTHER PADS (OFFICE/RETAIL ) & FAST FOOD) AND FOR THE ' ) R-4 ZONE RESIDENTIAL ) DWELLINGS, LOCATED AT ) THE NORTHWEST CORNER ) OF CHERRY LANE AND ) LINDER ROAD, MERIDIAN, ) IDAHO ) ) ) ) ) ALBERTSON'S, INC./CSHQA, APPLICANT Case No. CUP-01-016 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on August 21, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was: Sarah Schaefer and Craig Slocum, and the City Council having duly considered the evidence and the record in this matter and the Recommendations FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weelcs prior to the said public hearing scheduled for August 21,2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property: under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the August 21, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an C-N and R-4 zones and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the northwest corner of Cherry Lane and Linder Road, Meridian, Idaho. 5. The owner of record of the subject property is IDG PROPERTIES, L.L.C. of 1939 South 300 West, Salt Lake City, Utah. 6. Applicant is Albertson's, Inc. of 250 S. 5~ Street, Boise, Idaho. 7. The subject property is currently zoned C-N and R-4. The zoning districts of C-N and R-4 are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for the C-N zone a Sav-On Drug store with a drive-thru pharmacy and fuel pumps and two other pads (office/retail and fast food). The C-N and R-4 zoning designations within the City of Meridian Zoning and Development Ordinance require a conditional use permit be obtained for most uses including those requested by the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: Adopt the Planning and Zoning Administrator and Engineering Technician III Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 Landscaping shall be installed as submitted and in accordance to the Landscape Ordinance. A six (6) foot-tall masonry fence shall be located along the property line separating the commercial and residential properties located on the western side of the subdivision. The applicant shall apply for a Planned Sign Program in accordance with the Sign Ordinance. The type, location and number of signs requested shall be amended to comply with the Sign Ordinance. Sanitary sewer service to this site is being proposed via extensions from an existing main in the Kastle Fails Development. The depth of the existing stub into N. Gold Falls Place shall not provide service within the City of Meridian's design standards for minimum cover and pipe slopes. Design modifications shall be necessary to meet standards. Additional manholes shall be required on the main traversing the site in order to provide points where segregated sampling could be talcen. Water service to this site shall be via extensions from existing mains adjacent to the proposed site. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. Parking shall be only for short-term parldng for patrons of the commercial establishment, and not for overnight use. The hours of business operation shall be Monday through Saturday, between 8:00 a.m. to 10:00 p.m., and Sunday between 9:00 a.m. to 9:00 p.m., with gasoline service open 24 hours a day-everyday. Applicant shall be required to install volume limiting devices or alternative speaker systems (e.g., telephone systems) for the drive- through facilities in lieu of typical noise-generating systems. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 10. 11. 12. 13. 14. The applicant shall provide additional landscaping north of the proposed drive-in restaurant. The additional landscaping shall help retain any garbage generated by the restaurant and to eliminate the intrusion of the headlights of cars exiting the restaurant. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance as provided on the submitted site plan. Paving and striping shall be in accordance with the standards set forth in Sections I 1-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a Stare of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord. 557, I0-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-z}.C. All construction shall conform to the requirements of the 2Mnericans with Disabilities Act. 15. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 16. Applicant's (or successor's) failure to comply with any Of the terms of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt the Recommendations and Special Recommendation Of the Ada County Highway District as follows: 17. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be paid the fair market value of the tight-of- way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee admin/strator prior to breaking ground, in accordance with Section ] 5 of ACHD Ordinance # 193. 18. 19. 20. 21. 22. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewalk to match existing improvements. Replace any damaged curb, gutter and/or sidewalk on Cherry Lane and Linder Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. Construct a right-in/fight-out driveway on Cherry Lane located approximately 220-feet west of Linder Road, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan~ .to District staff for review and approval. Construct a full access driveway On Cherry Lane located approximately 470-feet west of Linder Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 23. 24. 25. Construct a right-in/right-out driveway on Linder Road located approximately 285-feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. The Emerald Falls Drive/Linder Road intersection located 485-feet north of Cherry Lane is approved with this application. Construct a center turn lane on Linder Road for the Linder Road/Emerald Falls Drive intersection. Construct the turn lane to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. 26. 27. 28. 29. 30. 31. The driveway on Emerald Falls Drive located approximately 150-feet west of Linder Road is approved with this application. Pave the driveways their full width of 30 to 35-feet in ~vidth and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and Linder Road with 15-foot curb radii. The width of the right-in/right-out driveways can be wider to accommodate the on-site median. Provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not a requirement - applicant proposing; and may eliminate.) Extend Emerald Falls Drive into the site at the west property line as proposed. Extend Emerald Falls Court into the site at the north property line and end it in a cul-de-sac as proposed. 32. Construct an ACHD approval turnaround at the end of Emerald Falls FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 Drive. Submit a design of the turnaround for review and approval by District staff. 33. Construct a portion of Emerald Falls Drive as a local/commercial street extending from Linder Road to the west approximately 150-feet. The remainder of the roadway to the west shall taper into a standard local 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk. 34. 35. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right- of-way. Construct the turnarounds to provide a minimum turning radius of 45- feet. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a lO0- square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 36. 37. 38. 39. 40. 41. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. Provide 100-feet of stacldng distance from any drive-thru windmvs to the public roadway system. Any existing irrigation facilities shall be relocated outside of the right-of- way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. In order to reduce trips to and from the development it is recommended that tenants occupying the proposed building be required to provide an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program with the applicant. 42. In order to reduce trips to and from the development, the tenants occupying the proposed building(s) shall be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that indudes this site or is adjacent to this development. 43. Additionally, Applicant shall comply with all of ACHD's Requirements within their June 13, 2001 Development Application Report. Adopt the Recommendations of the Sanitary Sewer Company as follows: 44. Enlarge the enclosure widths to 12-feet. Adopt the Recommendations of the Central District Health Department as follows: 45. Submit written approval from the appropriate entities, and submittal of plans for approval by the Idaho Department of Health & Welfare, Division of Environmental Quality, the Applicant shall be approved for central sewage and central water. 46. Run-off shall not create a mosquito breeding problem. 47. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 47.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 47.2 Storm~vater Best Management Practices Guidebook. Prepared by City of Boise Public WorLs Department, May 2000. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 48. As long as all storm drainage is retained on site and all private laterals and waste ways are protected, the project shall not impact the District. Additionally, the Applicant shall comply with the requirements of the City Council from their August 21, 2001 meeting as follows: 49. The construction, landscaping and maintenance of Lots i and 12 of Block 1, the round traffic calming device at North Ir,.astle Falls Avenue, and Lot 1 of Block 5 shall be the responsibility of the owners of Lots 2,3,4,6,7,8,9,10 and 11 of Block 1, and Lots 2,3,4,5,6 and 7 of Block 5. This maintenance requirement will be deemed met if the Iqastle Falls Subdivision accepts Blocks 1 and 5 into the Homeowner's Association for said subdivision, and, said Association assumes maintenance responsibility. 50. The construction, landscaping and maintenance required for Lot 5 of Block 1, and Lot 1 of Block 5, shall be the responsibility of the owners of Blocks 2,3 and 4 of the subdivision. Said areas are the buffered common areas between the residential lots and West Cherry Lane and North Linder Road. 51. The owners of Blocks 2,3 and 4 are responsible for the construction, landscaping, and maintenance of the interior landscape reqttirements within said blocks. 13. The proposed uses within the subject application will not be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance, however; the Plan is currently under review and this area is being considered for some conunercial designation, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I 1 which then would be harmonious because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Mixed/Planned Use Development". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject apPlication will not involve uses, activities, 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. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" Codified at Chapter 65, Title 67, Idaho Code (I.C. {}67-6503). 2. The Meridian City Council may exercise all the powers required and attthorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Cotmcil can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code {} 11-17- 3) Will, in fact, constitute a conditional use as determined by City policy; Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; uses; Will not be hazardous or disturbing to existing or future neighboring e. Will be served adequately by essential public fadlities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the cmm~nunity; g. Will not involve uses, activities, 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; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the Low Density Residential District (R-4) and Neighborhood Business District (C-N), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and heating procedures provided in Chapter 15 of this Title. Provided, however, that conditional use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: I. That the above named applicant is granted a conditional use permit for the C-N zone a Sav-On Drug store with a drive-thru pharmacy and fuel pumps and two other pads (office/retail and fast food), located at the northwest corner of Cherry Lane and Linder Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Planning and Zoning Administrator and Engineering Technician III Recommendations as follows: 1. Landscaping shall be installed as submitted and in accordance to the Landscape Ordinance. 2. A six (6) foot-tall masonry fence shall be located along the property line separating the commercial and residential properties located on the western side of the subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 The applicant shall apply for a Planned Sign Program in accordance with the Sign Ordinance. The type, location and number of signs requested shall be amended to comply with the Sign Ordinance. Sanitary sewer service to this site is being proposed via extensions from an existing main in the Iqastle Falls Development. The depth of the existing stub into N. Gold Falls Place shall not provide service within the City of Meridian's design standards for minimum cover and pipe slopes. Design modifications shall be necessary to meet standards. Additional manholes shall be required on the main traversing the site in order to provide points where segregated sampling could be tal~en. Water service to this site shall be via extensions from existing mains adjacent to the proposed site. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Provide the Public Works Department with information on anticipated fire flo~v and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. Parking shall be only for short-term parking for patrons of the commercial establishment, and not for overnight use. The hours of business Operation shall be Monday through Saturday, between 8:00 a.m. to 10:00 p.m., and Sunday between 9:00 a.m. to 9:00 p.m., with gasoline service open 24 hours a day-everyday. Applicant shall be required to install volume limiting devices or alternative speaker systems (e.g., telephone systems) for the drive- through facilities in lieu of typical noise-generating systems. The applicant shall provide additional landscaping north of the proposed drive-in restaurant. The additional landscaping shall help retain any garbage generated by the restaurant and to eliminate the intrusion of the headlights of cars exiting the restaurant. 10. Off-street parldng shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance as provided FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 on the submitted site plan. 11. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord. 557, I0-1-91) for all off-street parldng areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdicrion which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 13. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 14. All construction shall conform to the requirements of the Americans with Disabilities Act. 15. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 16. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt the Recommendations and Special Recommendation of the Ada County Highway District as follows: 17. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 18. 19. 20. 21. 22. 23. 24. other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be paid the fair market value of the right-of- way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. Utility street cuts in pavement less than five years old are not allowed tmless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewalk to match existing improvements. Replace any damaged curb, gutter and/or sidewalk on Cherry Lane and Linder Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. Construct a right-in/right-out driveway on Cherry Lane located approximately 220-feet west of Linder Road, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. Construct a full access driveway on Cherry Lane located approximately 470-feet west of Linder Road, as proposed. Construct a right-in/right-out driveway on Linder Road located approximately 285-feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. The Emerald Falls Drive/Linder Road intersection located 485-feet north of Cherry Lane is approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 25. 26. 27. 28. 29. 30. 31. 32. 33. Construct a center turn lane on Linder Road for the Linder Road/Emerald Falls Drive intersection. Construct the turn lane to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. The driveway on Emerald Falls Drive located approximately 150-feet west of Linder Road is approved with this application. Pave the driveways their full width of 30 to 35-feet in width and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and Linder Road with 15-foot curb radii. The width of the right-in/right-out driveways can be wider to accommodate the on-site median. Provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not a requirement - applicant proposing; and may eliminate.) Extend Emerald Falls Drive into the site at the west property line as proposed. Extend Emerald Falls Court into the site at the north property line and end it in a cul-de-sac as proposed. Construct an ACHD approval turnaround at the end of Emerald Falls Drive. Submit a design of the turnaround for review and approval by District staff. Construct a portion of Emerald Falls Drive as a local/commercial street extending from Linder Road to the west approximately 150-feet. The remainder of the roadway to the west shall taper into a standard local 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 34. 35. 36. 37. 38. 39. 40. 41. 42. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right- of-way. Construct the turnarounds to provide a minimum turning radius of 45- feet. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. Provide 100-feet of stacldng distance from any drive-thru windows to the public roadway system. Any existing irrigation facilities shall be relocated outside of the right-of- way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat: In order to reduce trips to and from the development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program with the applicant. In order to reduce trips to and from the development, the tenants occupying the proposed building(s) shall be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 includes this site or is adjacent to this development. 43. Additionally, Applicant shall comply with all of ACHD's Requirements within their lune 13, 2001 Development Application Report. Adopt the Recommendations of the Sanitary Sewer Company as follows: 44. Enlarge the enclosure widths to 12-feet. Adopt the Recormnendations of the Central District Health Department as follows: 45. Submit written approval from the appropriate entities, and submittal of plans for approval by the Idaho Department of Health & Welfare, Division of Environmental Quality, the Applicant shall be approved for central sewage and central water. 46. Run-off shall not create a mosquito breeding problem. 47. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for stom~ water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 47.1 State of Idaho Catalog of Stormv2ater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 47.2 Stormreater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department May 2000. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 48. As long as all storm drainage is retained on site and all private laterals and waste ways are protected, the project shall not impact the District. Additionally, the Applicant shall comply with the requirements of the City Council from their August 21,2001 meeting as follows: 49. The construction, landscaping and maintenance of Lots 1 and 12 of Block 1, the round traffic calming device at North ILastle Falls Avenue, and Lot I of Block 5 shall be the responsibility of the owners of Lots 2,3,4,6,7,8,9,10 and 11 of Block 1, and Lots 2,3,4,5,6 and 7 of Block 5. This maintenance requirement will be deemed met if the Kastle Falls Subdivision accepts Blodcs 1 and 5 into the Homeowner's Association for said subdivision, and, said Association assumes maintenance responsibility. 50. The construction, landscaping and maintenance required for Lot 5 of Block 1, and Lot 1 of Block 5, shall be the responsibility of the owners of Blocks 2,3 and 4 of the subdivision. Said areas are the buffered common areas between the residential lots and West Cherry Lane and North Linder Road. 51. The owners of Blocks 2,3 and 4 are responsible for the construction, landscaping, and maintenance of the interior landscape requirements within said blocks. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 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. By action of the City Council at its regular meeting held on the day of ~l~//pI/tg/w~b~, 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT O. COmE (TIE BREAKER) DATED: ~'~) / VOTED VOTED__~ VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 MOTION: ~---"~ -- APPROVE~ ..... DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Department and the City Attorney. City Clerk o' Dated: Z:\Work~VBNleridianqMeridian 15360~bertson,Inc. PP01-010 CUP01-016~FfCIsCUP01-016.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 25 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/21/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR CHERRY CROSSING IN THE C-N ZONE A SAV-ON DRUG STORE WITH A DRIVE-THRU PHARMACY AND FUEL PUMPS AND TWO OTHER PADS (OFFICE/RETAIL & FAST FOOD) AND FOR THE R-4 ZONE RESIDENTIAL DWELLINGS, LOCATED AT THE NORTHWEST CORNER OFCHERRY LANE AND LINDER ROAD, MERIDIAN, IDAHO ALBERTSON'S INC./CSHQA, APPLICANT Case No. CUP-O1-016 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 21 ST day of August, 2001, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: ORDER CONDITIONAL USE PERMIT - 1 (CUP-01-016) 2. That the above named applicant is granted a conditional use permit for planned unit development for mixed use residentiaVcommercial in an R-40 and C-G zones located at Franldin Road west of Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Planning and Zoning Administrator and Engineering Technician III Recommendations as follows: Landscaping shall be installed as submitted and in accordance to the Landscape Ordinance. A six (6) foot-tall masonry fence shall be located along the property line separating the commercial and residential properties located on the western side of the subdivision. The applicant shall apply for a Planned Sign Program in accordance with the Sign Ordinance. The type, location and number of signs requested shall be amended to comply with the Sign Ordinance. Sanitary sewer service to this site is being proposed via extensions from an existing main in the Kastle Falls Development. The depth of the existing stub into N. Gold Falls Place shall not provide service within the City of Meridian's design standards for minimum cover and pipe slopes. Design modifications shall be necessary to meet standards. Additional manholes shall be required on the main traversing the site in order to provide points where segregated sampling could be tal(en. Water service to this site shah be via extensions from existing mains adjacent to the proposed site. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 6. Parldng shall be only for short-term parking for patrons of the ORDER CONDITIONAL USE PERMIT (CUP-01-016) -2 commercial establishment, and not for overnight use. The hours of business operation shall be Monday through Saturday, between 8:00 a.m. to 10:00 p.m., and Sunday between 9:00 a.m. to 9:00 p.m., with gasoline service open 24 hours a day-everyday. Applicant shall be required to install volume limiting devices or alternative speaker systems (e.g., telephone systems) for the drive- through facilities in lieu of typical noise-generating systems. The applicant shall provide additional landscaping north of the proposed drive-in restaurant. The additional landscaping shall help retain any garbage generated by the restaurant and to eliminate the intrusion of the headlights of cars exiting the restaurant. 10. Off-street parldng shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance as provided on the submitted site plan. 11. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Cmmties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 13. Outside lighting shall be designed and placed in such a maturer as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. ORDER CONDITIONAL USE PERMIT (CUP-O1-016) -3 14. All construction shall conform to the requirements of the Americans with Disabilities Act. 15. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 16. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt the Recommendations and Special Recommendation of the Ada County Highway District as follows: 17. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be paid the fair market value of the right-of- way dedicated which is an addition to existing ACHD right-of-way if the owner submits a Ietter of application to the impact fee administrator prior to brealdng groined, in accordance with Section 15 of ACHD Ordinance # 193. 18. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 19. Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewalk to match existing improvements. ¸20. Replace any damaged curb, gutter and/or sidewalk on Cherry Lane and Linder Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 21. Construct a right-in/right-out driveway on Cherry Lane located approximately 220-feet west of Linder Road, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, ORDER CONDITIONAL USE PERMIT (CUP-O !-0 ! 6) -4 22. 23. 24. 25. to District staff for review and approval. Construct a full access driveway on Cherry Lane located approximately 470~feet west of Linder Road, as proposed. Construct a right-in/right-out driveway on Linder Road located approximately 285-feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. The Emerald Falls Drive/Linder Road intersection located 485-feet north of Cherry Lane is approved with this application. Construct a center turn lane on Linder Road for the Linder Road/Emerald Falls Drive intersection. Construct the turn lane to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. 26. The driveway on Emerald Falls Drive located approximately 150-feet west of Linder Road is approved with this application. 27. Pave the driveways their fuI1 width of 30 to 35-feet in width and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and Linder Road with 15-foot curb radii. The width of the right-in/right-out driveways can be wider to accommodate the on-site median. 28. Provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. 29. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not a requirement - applicant proposing; and may eliminate.) 30. Extend Emerald Falls Drive into the site at the west property line as proposed. 3 I. Extend Emerald Falls Court into the site at the north property line and ORDER CONDITIONAL USE PERMIT - 5 (CUP-O!-O16) 32. end it in a cul-de-sac as proposed. Construct an ACHD approval turnaround at the end of Emerald Falls Drive. Submit a design of the turnaround for review and approval by District staff. 33. Construct a portion of Emerald Falls Drive as a local/commercial street extending from Linder Road to the west approximately 150-feet. The remainder of the roadway to the west shall taper into a standard local 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk. 34. 35. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right- of-way. Construct the turnarounds to provide a minimum turning radius of 45- feet. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 36. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 37. Provide 100-feet of stacldng distance from any drive-thru windows to the public roadway system. 38. Any existing irrigation facilities shall be relocated outside of the right-of- way. 39. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 40. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. 41. In order to reduce trips to and from the development it is recommended ORDER CONDITIONAL USE PERMIT - 6 (CUP-01-0i 6) that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program with the applicant. 42. In order to reduce trips to and from the development, the tenants occupying the proposed building(s) shall be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO)that is formed with a boundary that includes this site or is adjacent to this development. 43. Additionally, Applicant shall comply with all of ACHD's Requirements within their June 13, 2001 Development Application Report. Adopt the Recommendations of the Sanitary Sewer Company as follows: 44. Enlarge the enclosure widths to 12-feet. Adopt the Recommendations of the Central District Health Department as follows: 45. 46. 47. Submit written approval from the appropriate entities, and submittal of plans for approval by the Idaho Department of Health & Welfare, Division of Enviromnental Quality, the Applicant shall be approved for central sewage and central water. Run-off shall not create a mosquito breeding problem. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 47.1 State of Idaho Catalog of Swrmvmter Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. ORDER CONDITIONAL USE PERMIT (CUP-01-016) -7 47.2 Stormreater Best Management Practices Guidebeek. Prepared by City of Boise Public Works Department, May 2000. Adopt the Reconunendations of the Nampa & Meridian Irrigation District as follows: 48.As long as all storm drainage is retained on site and all private laterals and waste ways are protected, the project shall not impact the District. Additionally, the Applicant shall comply with the reqnirements of the City Council from their August 21,2001 meeting as follows: 49.The construction, landscaping and maintenance of Lots I and 12 of Block 1, the round traffic calming device at North I~stle Falls Avenue, and Lot 1 of Block 5 shall be the responsibility of the owners of Lots 2,3,4,6,7,8,9,10 and 11 of Block 1, and Lots 2,3,4,5,6 and 7 of Block 5. The maintenance requirement will be deemed met if the Kastle Falls Subdiv/sion accepts Blocks 1 and 5 into the Homeowner's Association for said subdivision, and, said Association assumes maintenance responsibilty. 50.The construction, landscaping and maintenance required for Lot 5 of Block l, and Lot 1 of Block 5, shall be the responsibility of the owners of Blocks 2,3 and 4 of the subdivision. Said areas are the buffered common areas between the residential lots and West Cherry Lane and North Linder Road. 51 .The owners of Blocks 2,3 and 4 are responsible for the construction, landscaping, and maintenance of the interior landscape requirements within said blocks. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, ORDER CONDITIONAL USE PERMIT (CUP-01-016) -8 a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the day of ~/r~ 7~r~,~- ,2o01. r}ie, ]Mayor City of IXTIeridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: City Clerk Z:\WorkWi~leridian~Meridian 15360IvlkBaItic PlaceAZ01-00~ ORDER CONDITIONAL USE PERMIT (CUP-01-016) -9