HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY I, 2008
STAFF REPORT Hearing Date: May 1, 2008
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
(208) 884-5533
SUBJECT: Maverik
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CUP-08-009 ~~~ ~ ~ )~F~
Conditional Use Pernut 1'or a convenence store and fuel sal f_I_7^t~~ M~l~ i ~ ! ~ j
zone, per requirement of the Development Agreement ;(~ I TY ~; I F F2 E~ ~ ~ ~ i r"
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Maverik, Inc., is requesting Conditional Use Permit (CUP) approval for a Maverik
convenience store and fuel sales facility. The property is located on the northwest corner of N. Ten
Mile Raad and W. Ustick Road on Lot 4, Block 1, of McNelis Subdivision. The site is currently
zoned C-G and consists of 1.14 acres.
The existing development agreement approved with McNelis Subdivision requires any convenience
stores and gas stations in the C-G zone on the corner of Ten Mile and Ustick Roads to be subject to
the conditional use process. Consistent with the development agreement provisions on this site, the
applicant is requesting C"i]P approval for the proposed use.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP application below. Staff recomwends
approval of CUP-08-009 for Maverik, as presented in the Staff Report for the hearing date of
May 1, 2008, based on the Findings of Fart as listed in Exhibit C and subject to the eonditions
listed in Exhibit B.
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08-
009, as presented in the staff report for the hearing date of May 1, 2008, with the following
modifications to the conditions of approval: (add any proposed modifications). Ifurther move to
direct Staff to prepare an appropriate findings document to be considered at the next Planning and
Zoning Commission meeting on May 15, 2008.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-08-
009, as presented during the hearing on May 1, 2008, for the following reasons: (you must state
specific reasons for denial and what the applicant could do to obtain your approval in the future). I
further move to direct Staff to prepare an appropriate fmdings document to be considered at the next
Planning and Zoning Comrission meeting on May 1 S, 2008.
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP-
08-009 to the hearing date of (uisert continued hearuig date here) for the following reason(s): (you
should state specific reason(s) for continuance)
Mavenk CUY-08-009 Page 1
CITY OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR T'HE HEARING DATE OF MAY ] , 2008
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
The site is located on the northwest corner of N. Ten Mile Road and W. Ustick Road (Lot 4,
Block 1, McNelis Subdivision)
Southeast'/ of Section 34, Township 4 North, Range 1 West
b. Owner:
Edward J. McNelis
621 N. Robinson Road
Nampa, ID 83G87
c. Applicant/Contact:
Maverik, Inc.
880 W. Center Street
North Salt Lake City, Utah 84054
d. Present Zoiuiig District: C-G (General Retail and Service Commercial)
e. Present Comprehensive Plan Designation: Commercial
f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUF)
approval fora 4,200 square foot convenience store and fuel sales facility far Maverik.
g. Description of Applicant's Justification for CUP Approval: "Maverik has proposed to construct a
4,200 square foot convenience store on the northwest corner of Ten Mile Road and Ustick Road.
The stare will also have five fueling islands ,providing ten fueling spots. The store will be oriented
toward Ustick Road with the fueling islands located between the store and Ustick Road."
S. PROCESS FACTS
a. 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 Cozrunission on this matter.
b. Newspaper notifications published on: April 14, and 28, 200$
c_ Radius notices mailed to properties within 600 feet nn: April 4, 2008
d. Applicant posted notice on site by: April 18, 2008
6. LAND USE
a. Existing Land Use(s): Vacant
b. Description of Character of Surrounding Area: The property on the northwest corner of Ten Mile
and Ustick surrounding the site currently consists of rural residential and agrict7ltural laud but has
been zoned C-G and L-O and is in the development process. Single-family residences exist to the
east and south of the site.
c. Adjacent Land Use and Zoning
1. North: Vacant. property in transition to commercial use, McNelis Subdivision, zoned C-G
2. East: Single-family residences in Hartford Subdivision, zoned R-4
Maverik CUP-08-009 Page 2
CITY OF MERIDIAN FLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
3. South: Rural residential property, zoned Rl
4. West: Agricultural property in transition to commercial/afficc usc, ,McNelis Subdivisivi~,
zoned L-O
d. History of Previous Actions Pertaining to this Sitc:
• This property was annexed (AZ-04-004, Ordinance #04-1090) in 2004 with a C-G zone.
At the public hearing, neighbors expressed concern about a convenience store being
located on the subject property and the hours of operation far that type of use. A
Development Agreement (Instrument #104093293) was approved and recorded with the
annexation that included provisions for development of the property. A specific provision
of the DA required CUP approval far a convenience store use on the subject property.
• A Preliminary Plat (PP-04-004) was also approved in 2004 with the annexation for
McNelis Subdivision. The plat consisted of 16 building lots and 5 common lots on 34.07
acres in the L-O, C-G, and I-L zoning districts.
+ A Final Plat (FP-OS-047) was approved in 2005 for 16 building lots and 4 comnnon lots
on 34.6 acres in the L-O, C-G, and I-L zoning districts.
• A Tirne Extension (TE-OS-003) was approved in 2005 that granted a 1 year time
extension to record the final plat.
• A Tirne Extension (TE-07-012) was approved in 2007 that granted a 6 month time
extension to record the final plat. The final plat has since been recorded.
e. Existing Constraints and Opportunities
1. Public Works
Location of scwcr: Main was installed with the plated McNelis Subdivision. Services
will need to be installed to the new building.
Location of water: Main was installed with the plated McNelis Subdivision. Services
will need to be installed to the new building.
Issues or concerns: None
2. Vegetation: There are no existing trees on the site. Several existing trees were previously
rcmovcd from the site and are being nutigated for in compliance with the rcquiremenls listed
in UDC 11-3B-10.
3. Floodplain: NA
4. Canals/Ditches Irrigation: There are no waterways that run through the subject property.
5. Hazards: No hazards are known to exist on the site.
6. Existing Zoning: C-G
7. Lot Size: 1.14 acres
£ Conditional Use Information:
1. Non-residential square footage: 4,200 square feet
2. Hours of Uperation: 24 hours per day, 7 days a week
g. Off-Street Parking:
1. Parking spaces required: 8
Maverik CUP-OS-009 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOIL THE HEARING DATE OF MAY 1, 2008
2. Parking spaces provided: 20 (including 1 handicap stall; not including spaces in fueling area)
3. Compact spaces proposed: 0
Per UDC 11-3C-6B, one parking space is required per 500 square feet of gross floor area in
commercial districts; the proposed parking exceeds this requirement.
h. Landscaping
1. Width of street buffer(s): A minitnum 25-foot wide buffer is required to be constructed along
N. Ten Mile Road and along W. Ustick Road; landscaping within the buffers shall comply
with the current street buffer landscaping standards listed in UDC 11-3B-7.
2. Width of buffer(s) between land uses: NA (There are no residential uses that abut this site.)
3. Other landscaping standards: Parking lot landscaping is required in accordance with the
standards listed in UDC 11-3B-8C.
i. Required dimensional standards for the C-G zone, per UDC 11-2B-3:
r ; ~~ ~ y
Front setback in feet 0
Rear setback in feet 0
_ __
Interior side setback in feet 0
Street landsca a buffer in feet
Local 10
Collector 20
Arterial 25
Entr wa corridor 35
Interstate 50
Landscape buffer to residential uses 25 [see note below]
in feet "*
Maximum buildin hei ht in feet 65
Maximum building size without 200,000
design standard approval as set
forth in 11-3A 3 in s uare feet
Parking requirements See Chapter 3 Article C. off-street parking and loading
re uirements
Landsca in re uirements See Cha ter 3 Article B. landscapin re uirements
f t-of, as shonvn
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Nate: Per UDC 11-4-3-20 (Specific Use Standards for Fuel Sales Facility) requires the total
height of any overhead canopy or weather pratectian device to not exceed 20 feet. The proposed
canopy height is 19'3 "measured from the concrete slab to the tap of the canopy, which complies
with this requirement.
Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this
site is proposed from W. Ustick Road across Lot 5, Block 1, of McNelis Subdivision via an
ingress-egress/cross-access easement recorded on the final plat. An ingress-egress/cross-access
easement is also depicted on the final plat for the benefit of the subject lot across Lots 2 & 3 to
the north for access to Ten Mile Raad. No additional access points are proposed with this
application and none are approved. Staff is supportive of the proposed off-site access points to the
site. Please see Staff s comments below in Section 10, for more information.
Maverik CUP-OS-009 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
7. COMMENTS MEETING
On April 11, 2005, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary
Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B
below.
S. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as
"Gomrnercial." In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to
provide a full range of commercial and retail to serve area residents and visitors. Uses may include .
retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses
such as government offices. Staff finds that the request generally conforms to this stated purpose and
intent of the commercial designation within the Comprehensive Plan.
Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis below policy in italics):
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
1V, Objective D, Action item 2)
The subject property shares an access point to Ustick Road, an arteriul street, with the
adjacent lotto the west (Lot S). No access points are proposed to the site from Ten Mile
Road.
• "Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action item 4)
A 25 foot wide landscape street buffer was required along Ten Mile Road and Ustick Road,
bath arterial streets, with approval of the plat. Said buffer should be landscaped in
accordance with the standards listed in UDC X 1-3B-7C and installed with the improvements
for the subdivision.
"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
N, Goal I, Objective A, Action item b)
This property is currently in the City and is able to be provided with City services.
"Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
The proposed convenience store and fuel sales facility is the only such business in the general
vicinity. It is expected that a variety of commercial/ojj~ce uses will develop on the adjacent
lots in McNelis Subdivision.
• "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Objective D, Action item 5)
Street buffer and parking lot landscaping is proposed with this application and should be
installed and maintained in accordance with the applicable standards listed in UDC I1-3B-7
and 11-3B-8.
Maverik CUY-UtS-UU9 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
Staff' believes that the proposed use is consistent with the Comprehensive Plan and is compatible
with the existing and future surrounding uses. Staff recommends that the Commission rely on any
verbal or written testimony that may be provided at the public hearing when determining if the
applicant's request is appropriate for this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and
conditional uses in the C-G zoning district. Retail uses and fuel sales facilities are permitted uses
the C-G zoning district. However, the existing Development Agreement for McNelis Subdivision
specifically requires CUP approval for the proposed uses. Additionally, there are specific use
standards listed in UDC 11-4-3-20 for fuel sales facilities that the applicant must comply with.
b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses
which are customarily operated or almost entirely within a building; to provide for a review of the
impact of proposed commercial uses which are auto and service oriented and are located in close
proximity to major highway or arterial streets; to fulfill the need oftravel-related services, as well
as retail sales for the transient and permanent motoring public.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP
request as proposed, with the following comments:
CUP: The applicant submitted a site plan, prepared by Dixon ~+ Associates, dated 1/25/08,
labeled as Sheet C-0.1. The site plan depicts a 4,200 square foot convenience store with 5 fueling
islands. Per UDC 11-28-2, retail uses and fuel sales facilities are permitted uses in the C-G
district; however, the existing Development Agreement for McNelis Subdivision specifically
requires CUP approval for convenience stores and gas stations in the GG district on the corner of
Ten Mile and Ustick Roads.
Dimensional Standards: There are no setback requirements in the C-G zoning district. However,
where landscape buffers are required, buildings must be setback at least the width of the required
buffer.
The maximum building height in the C-G district is 65 feet; the highest peak of the proposed
structure is approximately 29 feet, which complies with this requirement. Additionally, per UDC
11-4-3-20, the maximum height for overhead canopies or weather protection devices is 20 feet;
the proposed canopy is 19'3" measured from the concrete slab to the top of the canopy, which
complies with this requirement.
Fuel Sales Facility: Per UDC 11-4-3-20, there are Specific Use Standards that apply to the
proposed fuel sales facility use of the property as follows:
- When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy
more than twenty-five percent (25%) of the subject property. Not appCicablc
- The total height of any overhead canopy or weather protection device shall not exceed
twenty fcct (20'). The proposed canopy is approximately 19'3'; which complies tivith this
requirement.
- Vehicle stacking lanes shall be available on the property but outside the fueling areas.
Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons. Such stacking lanes shall be separate from areas required for access and
parking. The stacking lanes shall not be located within ten feet (10') of any abutting
Maverik CUP-08-009 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RirPORT FOR THE HEARING DATE OF MAY 1, 2008
residential districts. The submitted site plan shows adequate stacking area on the site
outside of the fueling areas.
- If the use is unattended, the standards in accord with Section 11-3A-11 of this Title shall
also apply. Not applicable.
Building Elevations: Building elevations for the proposed convenience store were submitted
with this application and are included as Exhibit A.4. Exterior materials are proposed to be EFIS
(Exterior Insulation and Finish System - i.e. synthetic stucco) with stone veneer accents. The roof
and awning are proposed to be metal. Staff has no objections to the elevations proposed by the
applicant as they comply with the maximum building height and size requirements of the GG
district. The proposed building shall be constructed in accordance with the elevations shown in
Exhibit A.4. Additionally, the applicant has submitted asection/elevation of the proposed fuel
canopy, included as Exhibit A.S. The proposed fuel canopy height of 19'3" corxxplies with the
maximum height limit allowed of 20 feet listed in UDC 11-4-3-20 for overhead canopies and
weather protection devices.
Access: Access to this site is proposed from W. Ustick Road across Lot 5, Block 1, of McNelis
Subdivision via an ingress-egress/cross-access easement recorded an the final plat. An ingress-
egress/cross-access easement is also depicted an the final plat for the benefit of the subject lot
across Lots 2 & 3 to the north for access to Ten Mile Road. No additional access points are
proposed with this application and none are approved. Staff is supportive of the proposed off-site
access points to the site.
Parking: Per UDC 11-3C-6B, in commercial districts, one off-street parking space is required
per S00 square feet of gross floor area. Based on the total square footage of structures on the site
(4,200 s.f.), 8 parking stalls are required; 20 spaces are currently provided including 1 handicap
stall (parking under the fuel canopy is not included). Additionally, per UDC 11-3C-6G, one
bicycle parking space is required to be provided for every 25 vehicle spaces, in compliance
with the standards listed in UDC 11-3C-SC. Per this requirement, a minimum of 1 bicycle
space is required to be provided on the site.
Site Plan: Staff has reviewed the site plan (prepared by Dixon + Associates, dated 1/08, labeled
as Sheet C-0.1, included as Exhibit A.2) submitted with this applicatiozx. The following items
should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance
application: (Note: The scale appears to be off a little; the dimensions depicted on the plan are
correct but they don't scale out correctly.)
• Per UDC 11-3C-6G, provide a minimum of 1 bicycle parking space on the site in
compliance with the standards listed iu UDC 11-3C-SC.
• Per UDC Table 11-3C-5, all parking stalls shall measure a minimum 9 foot in width and
19 feet in length.
+ Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and
shall not be less than 5 feet in any dimension, measure inside curbs. The two planters on
the south side of the building on the east are less than 5 feet in width; revise plan
accordingly to comply v~~ith this requirement.
• Per UDC 11-3C-SB3, the easterly 4 parking stalls on the south side of the building shall
be provided with substantial wheel restraints to prevent cars from encroaching beyond the
stall area onto the sidewalk or the sidewalk may be widened to 7 feet to allow for
overhang in this area.
• A minimum 5-foot wide perimeter landscape buffer shall be provided along the north
side of the trash enclosure adjacent to the north property boundary, per UDC 11-3B-8C.
Maverik CUP-08-009 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF 'REPORT FOR THE HEARING BATE OF MAY 1, 2008
The buffer shall be planted with a minimum of 1 tree per 35 linear feet and shrubs, lawn,
or other vegetative groundcover.
• Per UDC 11-3A-17A, all sidewalks shall be a minimum of 5 feet in width. The sidewalk
on the west and east sides of the building are less than 5 feet in width; revise plan
accordingly to comply with this requirement.
Landscaping: Staff has reviewed the landscape plan (prepared by Gardner Engineering, dated
1/08, labeled as Sheet L-1.0, included as Exhibit A.3) submitted with this application. The
following items should be shown on a revised landscape plan submitted with the Certificate of
Zoning Compliance: (Note: The scale appears to be off a little; the dimensions depicted on the
plan are correct but they don't scale out correctly.)
• Per LTDC 11-2B-3, a minimum 25-foot wide street buffer shall be provided along W.
Ustick Road and N. Ten Mile Road (both arterial streets) in accordance with the
standards listed in LTDC 11-3B-7C.
• A 20-foot wide land use buffer is required along the west property boundary, per
condition of the preliminary plat. The submitted landscape plan shows the buffer located
on the adjacent property as depicted in an easement on the final plat. Said buffer shall be
landscaped in accordance with the standards listed in UDC 11-3B-9C. Said buffer must
be installed prior to occupancy.
• A minimum 5-foot wide perimeter landscape buffer shall be provided along the north
side of the trash enclosure adjacent to the north property boundary, per UDC 11-3B-8C.
The buffer shall be planted with a minimum of 1 tree per 35 linear feet and shrubs, lawn,
or other vegetative groundcover.
• Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and
shall not be less than 5 feet in any diizieiisiuu, nxeasure inside curbs. The twu plunlers uri
the south side of the building on the east are less than S ,feet in width; revise plan
accordingly to comply with this requirement.
• Per UDC 11-3B-8C2d, the landscape ,planter on the south side of the building at the west
end of the parking area shall contain at least one deciduous (class I or Ili tree.
Outdoor Seating: An outdoor seating area is not depicted on the site plan and is not approved
with this application- Staff spoke with the applicant to confirm this and the applicant stated that
outdoor seating is not proposed at this location per the desire of the adjacent residential
neighbors. (See Police Department comments in Exhibit B.4).
Fencing: Chainlink fencing is proposed along the east and south sides of the building to screen
outdoor service and equipment areas. Per UDC 11-3A-12, outdoor service and equipment areas
shall be incorporated into the overall design of buildings and landscaping so that the visual and
acoustic impacts of these functions are fully contained and out of view from adjacent properties
and public streets. Per UDC 11-3B-SM, chainlink fencing with or without slats does not
qualify as a screening material. Staff recommends these areas be screened by landscaping
and/or a wall or fence that meets the aforementioned requirements. The applicant should
present, at the public hearing, an alternative plan for screening the outdoor storage area.
Hours of Operation: The proposed hours of operation for the convenience store and fuel facility
are 24 hours a day, 7 days a week. Staff has had some phone conversations with some
concerned neighbors about hours or operation. This was also a neighborhood concern
during the public hearing for the McNclis development. The Commission should rely upon
any public testimony provided to determine if the proposed hours of operation will be compatible
with neighboring residential uses.
Maverik CUP-08-009 Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATi; OF MAY 1, 2008
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior
to issuance of building permits, for the proposed convenience store and fuel facility. The
site/landscape plan submitted with the CZC shall be revised to comply with the conditions of
approval listed in Exhibit B of this report and shall be submitted prior to establishment of the new
use. All improvements must be installed prior to occupancy.
b. Staff Recommendation: Staff recommends approval of CUP-08-009 for a convenience store
and fuel sales facility, as presented in the Staff Report for the hearing date of May 1, 2008,
based on the Findings of Fact as listed in Exhibit C and sabject to the conditions of
approval listed in Exhibit B.
11. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site/Landscape Plan (prepared by Dixon + Associates, dated 1 /08,1abeled as Sheet C-
n.l )
3. Landscape Plan (prepared by Gardner Engineering, dated 1/08, labeled as Sheet L-1.0)
4. Building Elevations
5. Fuel Canopy Section/Elevation
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. ldaho Transportation Department
C. Required Findings from the Unified Development Code
Maverik CUP-08-009 Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 200$
A. Drawings
1. Vicinity Map
ExliiUil A Pagc 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR T'HE HEARING DATE OF MAY 1, 2008
2. Site Plan (prepared by Dixon + Associates, dated 1/25/08, labeled as Sheet C-0.1)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY I, 2008
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Exhibit A Yage 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY I, 2008
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Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE I-TEARING DATE OF MAY 1, 2008
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Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING .DATE OF MAY 1, 2008
B. Conditions of Approval
X. PT~ANNING DEPARTMENT
1.1 The site plan, prepared by Dixon ~- Associates, dated 1/25/08, is approved, with the conditions
listed herein. The Applicant shall comply with all applicable conditions of approval associated
with this site (AZ-04-004 and Development Agreement Instrument No. 104093293, PP-04-004.
TE-OS-003, and TE-07-012). The applicant shall revise the site plan as follows:
a. Per UDC 11-3C-6G, provide a minimum of 1 bicycle parking space on the site in compliance
with the standards listcd in UDC l l -3C-SC.
b. Per UDC Table 11-3C-5, all parking stalls shall measure a minimum 9 foot in width and 19
fcct in length.
c. Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and
shall not be less than 5 feet in any dimeusiuti, measure inside curbs. The two planters on the
south side of the building on the east are less than S feet in width; revise plan accordingly to
comply with this requirement.
d. Per UDC 11-3C-SB3, the easterly 4 parking stalls on the south side of the building shall be
provided with substantial wheel restraints to prevent cars from encroaching beyond the stall.
area onto the sidewalk or the sidewalk maybe widened to 7 feet to allow for overhang in this
area.
e. A minimum 5-foot wide perimeter landscape buffer shall be provided along the north side of
the trash enclosure adjacent to the north property boundary, per UDC 11-3B-8C. The buffer
shall be planted with a minimum of 1 tree per 35 linear feet and shrubs, lawn, or other
vegetative groundcover.
f. Per UDC 11-3A-17A, all sidewalks shall be a minimum of 5 feet in width. The sidewalk on
the west and east sides of the building are less than S feet in width; revise plan accordingly to
comply with this req~rirement.
l.2 The landscape plan, prepared by Gardner Engineering, dated 1/0$, labeled as Sheet L-1.0, shall
he revised as follows:
a. Per UDC Table 11-2B-3, a minimum 25-foot wide street buffer shall be provided along W.
LTstick Road and N_ Ten Mile Road (both arterial streets) in accordance with the standards
listed in UDC 11-3B-7C.
b. A 20-foot wide land use buffer is required along the west property boundary, per condition of
the preliminary plat. The submitted landscape plan shows the buffer located on the adjacent
property as depicted in an easement on the final plat. Said buffer shall be landscaped in
accordance with the standards listed in UDC l 1-3B-9C. Said buffer anust be installed prior to
occupancy.
c. A minimum 5-foot wide perimeter landscape buffer shall be provided along the north side of
the trash enclosure adjacent to the north property boundary, per UDC 11-3B-8C. The buffer
shall be planted with a minimum of 1 tree per 35 linear feet and shrubs, lawn, or other
vegetative groundcover.
d. Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and
shall not be less than 5 feet in any dimension, measure inside curbs. The two planters on the
south side of the building on the east are less than 5 feet in width; revise plan accordingly to
comply with this requirement.
Exhibit B Yage "2
CI'T'Y UE MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY I, 2008
e. Per UDC 11-3B-8C2d, the landscape planter on the south side of the building at the west end
of the parking area shall contain at least one deciduous (class I or lI) tree.
1.6 The applicant shall comply with the applicable Specific Use standards listed in UDC 11-4-3-20
for fuel sales facilities as follows:
a. The total height of any overhead canopy or weather protection device shall not exceed 20 feet
(proposed at 19'3").
b. Vehicle stacking lanes shall be available on the property but outside the fueling azeas, as
proposed. Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right-of--way by patrons (as determined by ACHD). Such stacking lanes shall be separate
from areas required for access and parking.
1.7 Building elevations for the convenience store and fuel canopy shall comply with the elevations
shown in Exhibit A.4 and A.S.
1.8 The chainlink fencing proposed an the east and south sides of the building as a screening material
for the outdoor storage shall be replaced with landscaping and/or a wall or fence that is
incorporated into the overall design of building and landscaping so that the visual and acoustic
impacts of these functions are fully contained and out of view from adjacent properties and public
streets, per 11-3A-12. The applicant shall present, at the public hearing, an alternative
landscaping/fencing plan to screen the outdoor storage area.
1.9 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that
comply with the conditions of approval listed herein, prior to issuance of building permits.
1.10 Direct lot access to Ten Mile Road and Ustick Road is prohibited.
1.11 Unless modified by the Commission, business hours or operation are not limited for this use on
this site.
1.12 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 roust
accompany any request for temporary occupancy.
1.13 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).
1.14 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 Sanitary sewer Main was installed with the plated Mcnelis Subdivision. Services will need to be
installed to the new building at the developer's expense.
2.2 Water Main was installed with the plated Mcnelis Subdivision. Services will need to be installed
to the new building at the developer's expense.
2.3 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 far 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,
Exhibit $ Page 3
C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
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.
2.4 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(20$)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.5 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-$. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
2.6 A letter of credit or cash surety itx the amount of 110°r6 will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to the
issuance of a certification of occupancy for any structures within the project.
2.7 All developtent improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prig to obtaining
certificates of occupancy.
2.8 Applicant shall be required to pay Public Works development. plan review, and construction
inspection fees, as determined during the plan review process. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
2.9 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.10 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.11 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or the
ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
3. FIRE DEPARTMENT
3.1 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 4$' outside
radius.
3.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
3.3 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.4 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.
3.5 Provide a Knox box entry system for the complex prior to occupancy.
3.6 Where a portion of the facility or building hereafter constructed or moved into ur within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route aroluid the exterior of the facility or building, on-site fire
hydrants and mains shall be provided where required by the code official. For buildings
Exhibit B Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF Ri;PORT FOR THE HEARING DATE qF MAY 1, 2008
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).
4. POLICE DEPARTMENT
4.1 An outdoor seating area is not depicted on the site plan; however, if one is proposed in the future,
windows would be required on the building elevation facing the seating area to provide visibility
to this area.
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 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site
plan from SSC.
6.2 Waste enclosure access: The applicant shall provide drive-on capability for 6 and S cubic
yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. The site
plan needs to be revised to meet this requirement.
6.3 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal prior to the
public hearing. "There is a concern that the required modifications may significantly impact your
site design and may require a revised site plan. if the site plan is revised, contact the planner
assigned to the project immediately to discuss the changes and how to proceed with the revised
site plan.
7. ADA COUNTY HIGHWAY DISTRICT
ACHD.ISSUED A LETTER STATING THAT THE APPLICANT SHALL COMPLY WITH
ALL CONDITIONS AND REQUIREMENTS FOR MCNELIS SUBDIVISION, AS
FOLLOWS:
7.1 Site Specific Conditions of Approval
7.1.1 The applicant shall do one of the following:
a. Dedicate by donation a total of 48-feet ofright-of--way along Ustick Road, and construct a
minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet
from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide cancrete
sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-
of-way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide cancrete
sidewalk along Ustick Road, located at the back edge of the existing right-of--way.
Accomplish all necessary adjustments to properly acconuiiodate existing draiixagc a~~d
utilities.
Exhibit B Yage 5
CITY OF Mi~RIpIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF MAY 1, 2008
7.1.2 The applicant shall do one of the following:
a. Dedicate by donation a total of 48-feet ofright-of--way along Tcn Milc Road, and construct a
minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet
from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewalk along Ten Mile Road, located a minimum of 41-feet from the centerline of the right-
of-way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewalk along Ten Mile Road, located at the back edge of the existing right-of way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
7.1.3 Construct a commercial roadway that intersects Ustick Road approximately 690-feet west of Ten
Mile Road, as proposed.
7.1.4 Construct a commercial roadway that intersects Ten Mile Road approximately 830-feet north of
Ustick Road, as proposed.
7.1.5 Construct the internal spine roadway as a 40-foot street section with vertical curb, gutter and a 5-
foat attached concrete sidewalk on both sides of the roadway, as proposed.
7.1.6 Construct a 30-foot wide full access driveway that intersects Ustick Road approximately 350-feet
west of Ten Mile Road, as proposed. This driveway is proposed to align witkt Niemann Street on
the south side of Ustick Road. Pave the driveway its full width and at least 30-feet into the site
beyond the edge of pavement. of the roadway and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
7.1.7 Cnnstruct. a 30-foot wide right-in/right-out driveway ONLY that intersects Ten Mile Road
approximately 220-feet north of Ustick Road, as proposed. Pave the driveway its full width and
at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement
tapers with 15-foot radii abutting the existing roadway edge. Coordinate with District staff to
determine how the driveway will be restricted.
7.1.8 Construct a 30-foot wide full access driveway that intersects Ten Mile Road approximately 440-
feet north of Ustick Road, as proposed. Pave the driveway its full width and at least 30.-feet into
the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot
radii abutting the existing roadway edge.
7.1.9 Locate the driveways on the internal roadways to be located a minimum of 50-feet (measured
near edge to near edge) from any roadway intersection.
7.1.10 Construct a special radius on Ten Mile Road for southbound traffic at the Ten Mile
Rvad/McNellis Drive intersection, as recommended by the submitted traffic impact study.
Coordinate the design of the special radius with District staff.
7.1.11 Construct aright-turn lane on Ustick Raad for west bound traffic at the Ustick Road/Burley
Avenue intersection, as recommended by the submitted traffic impact study. Coordinate the
design of the turn lane with District staff.
7.1.12 Construct two 10-foot wide islands/medians that are proposed to be located within North Burley
Avenue and West McNellis Drive, as proposed. Construct the islands to be a minimum of 4-feet
wide to total a minimum of a 100-square foot and provide a minimum of a 21-foot street section
on either side of any proposed centcr islau~d. The islands shall be owned and uiaiutained by a
homeowners association.
Exhibit B Yage 6
(;1'1'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE IIEARING DATE OF MAY 1, 2008
7.1.13 Other than the access points that are specifically approved with this application, direct lot access
to Ten Mile Road and Ustick Road is prohibited. A note of the access restrictions shall be place
on the fmal plat.
7.1.14 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.2 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.3 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.4 Utility street cuts in pavement less than five years old are not allowed unless appruved in writing
by the District. Contact the District's Utility Coordinator at 3$7-6258 (with file numbers) for
details.
7.2.5 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.6 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.7 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.8 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance.
7.2.9 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE at least two full business days prior to breaking
ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations in the
event any ACHl7 conduits (spare or filled) are compromised during any phase of construction.
7.2.10 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and azx authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.11 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the Alarmed use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B Page 7
C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
C. Required Conditional Use Permit Findings from UDC
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
Staff finds that the existing site is large enough to accommodate the proposed use and comply
with the dimensional and development regulations of the C-G zoning district. However, the
applicant is proposing to construct a required 20-foot wide landscape buffer off site, on the
adjacent property. If the adjacent property owner does not consent, the site plan will need to be
modified.
Staff recommends the Commission rely on Staff's analysis and any oral or written public
testimony provided when determining if this site is large enou;~h to accommodate the proposed
use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
Staff finds that the Comprehensive Plan Future Land Use Map designation far this property i5
Commercial. The property is currently zoned C-G, which complies with this designation. 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).
3. That the design, construction, operation and maintenance will he 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 dais report, the operation
of the proposed use should be compatible with other uses in the general neighborhood and with
the existing and intended character of the area. 1~urther, Staff believes that the proposed use will
not adversely change the essential character of the area. The Commission should rely upon any
public testimony provided to determine if the development will be compatible with other uses in
the vicinity.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
Staff fmds 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 should rely upon any
public testimony provided to determine if the development will adversely affect the other
property in the vicinity.
5. That the proposed nse 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 the site will be adequately served by the previously mentioned public facilities
and services.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
Exhibit C Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OP MAY 1, 2008
If approved, the Applicant will be financing any improvements required for development. 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.
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
Staff recognizes that traffic and noise is a concern; however, Staff does not believe that the
amount generated by the proposed new use of the property will be detrimental to any persons,
property, or the general welfare of the public. Staff does not anticipate the proposed use will
create excessive noise, smoke, fumes, glare, or odors.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic,
or historic feature considered to be of major importance.
Staff fords 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 fords that the
proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic
feature of major importance.
Exhibit C Page 3