HomeMy WebLinkAboutFred Meyer Pharmacy CUP 08-007CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF E IDIAN~--
LAW AND ~ p a~-~ ~
DECISION & ORDER
In the Matter of Conditional Use Permit for a Drive-through Pharmacy in a C-G Zone
Within 300 feet of Another Drive-through Facility per Requirement of UDC 11-4-3-11, by
Fred Meyer Stores, Inc.
Case No(s). CUP-08-007
For the Planning and Zoning Commission Hearing Date of: May 1, 2008 (Findings on May
15th agenda)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of May 1, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 1, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 1,
2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 1, 2008, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-OS-007
Page 1
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of May 1, 2008, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan,
dated 3/19/08, is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of May 1, 2008, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when ganted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-007
Page 2
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. 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.
F. Attached: Staff Report for the hearing date of May 1, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-007
Page 3
~ /
By action of the Planning & Zoning Commission at its regular meeting held on the
day of , 2008.
COMMISSIONER DAVID MOE VOTED_~
(Chair)
COMMISSIONER MICHAEL ROHM VOTED_~L~~
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED~~
COMMISSIONER TOM O'BRIEN VOTED
COMMISSIONER JOE MARSHALL VOTED
~~
_ CHAIRMAN D ID MOE
,
Attest:
Tara Green, Deputy
Copy served upon
Attorney.
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City Clerk's Office
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-007
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY l, 2008
STAFF REPORT Hearing Date: May 1, 2008
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
(208) 884-5533
SUBJECT: Fred Meyer Pharmacy
• CUP-08-007
E IDIAN~--
If~AHO
Conditional Use Pernut for a drive-through pharmacy in a C-G zone within
300 feet of another drive-through facility, per requirement of UDC 11-4-3-11
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Fred Meyer Stores, Inc., is requesting Conditional Use Pernut (CUP) approval for a
drive-through pharmacy for Fred Meyer within 300 feet of two other drive-through facilities, as
required by UDC 11-4-3-11. The property is located on the northeast corner of N. Locust Grove Road
and E. Fairview Avenue. The site is currently zoned C-G and consists of 15.46 acres.
Unified Development Code (UDC) 11-4-3-11 requires CUP approval for drive-through facilities that
are within 300 feet of another drive-through facility. There are two existing drive-through facilities
(Subway and McDonalds) within 300 feet of the proposed drive-through.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP application below. Staff recommends
approval of CUP-08-007 for a drive-through pharmacy for Fred Meyer, 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 subject to the conditions listed in Exhibit B.
The Meridian Planning and Zoning Commission heard this item on May 1, 2008. At the public
hearin~, they moved to approve CUP-08-007.
a. Summary of Commission Public Hearing:
i. In favor: Rob Fa~liano (Applicant), Dan Forest (Real Estate Manager for Fred
Me er
ii. In opposition: None
iii. CommenNng: None
iv. Written testimony: Keith Botkin
v. Staff presenting application: Sonya Watters
vi. Other staff commentin~ on applicaNon: None
b. Kev Issues of Discussion bv Commission:
i. The Police Department recommendation (see Exhibit B, condition #4.2) that all
schedule II or III dru~s be picked up in person, not through the drive through
tube.
ii. Possible relocation of the proposed drive-thru on the east side of the Fred Mever
buildin~.
c. Kev Commission Changes to Staff Recommendation:
iii. Strike the Police Deuartment recommendation, item #4.2 in Exhibit B, for all
schedule II or III drugs to be picked up inside the store, not throu~h the drive-
thru.
Fred Meyer Pharmacy CUP-08-007 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08-
007, 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). I further move to
direct Staff to prepare an appropriate findings document to be considered at the next Planning and
Zoning Commission hearing 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 findings document to be considered at the next
Planning and Zoning Commission hearing on May 15, 2008.
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP-
08-009 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
The site is located on the northeast corner of N. Locust Grove Road and E. Fairview Avenue at
1850 E. Fairview Avenue
Southwest '/ of Section 5, Township 3 North, Range 1 East
b. Owner:
Fred Meyer Stores, Inc.
3800 S. E. 22"d Avenue
Portland, OR 97202
c. Applicant/Contact:
Same as owner
d. Present Zoning District: GG (General Retail and Service Commercial)
e. Present Comprehensive Plan Designation: Commercial
£ Description of Applicant's Request: The Applicant is requesting CUP approval for a drive-
through pharmacy for Fred Meyer within 300 feet of two other drive-through facilities.
g. Description of Applicant's Justification for CUP Approval: Per the applicant's narrative, the
scope of work for the proposed drive-through pharmacy will include, " addition of a pharmacy
drive-through which will cover approximately 1,126 square feet; the canopy roof structure will be
open on all sides, and have structural columns and a new "Pharmacy Drive-Through" exterior
mounted sign; and the site around the PRX drive-through will be reconfigured to accommodate a
new drive-through aisle and a concrete island for the roof columns and pneumatic tube system."
5. PROCESS FACTS
a. The subject application will, in fact, constitute a conditional use as deternuned by City
Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D,
Fred Meyer Pharmacy CUP-08-007 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
a public hearing is required before the Planning and Zoning Corrunission on this matter.
b. Newspaper notifications published on: April 14, and 28, 2008
c. Radius notices mailed to properties within 600 feet on: Apri14, 2008
d. Applicant posted notice on site by: Apri122, 2008
6. LAND USE
a. Existing Land Use(s): Commercial (Fred Meyer retail store)
b. Description of Character of Surrounding Area: The general area surrounding the proposed drive-
through consists of commercial uses.
c. Adjacent Land Use and Zoning
1. North: Starage unit facility, zoned C-G
2. East: Restaurants/commercial uses, zoned C-G
3. South: Commercial uses, zoned C-G
4. West: CommerciaUresidential uses, zoned C-G and R6 (Ada County)
d. History of Previous Actions Pertaining to this Site:
• A Fred Meyer retail store has existed on this site for quite some time.
• A Conditional Use Pernut (CUP-00-041) for a fuel sales facility for Fred Meyer was
denied in 2000.
• A Conditional Use Permit (CUP-O1-005) for a 3,612 square foot fuel sales facility for
Fred Meyer was approved in 2001. A Certificate of Zoning Compliance (CZC-O1-006)
was also approved for the structure and use in 2001.
• A Certificate of Zoning Compliance (CZC-07-259) was approved in 2007 for the addition
of a 1,742 square foot merchandise pick-up area; conversion of a portion of the existing
outdoor sales area consisting of 4,700 square feet that is under the main building roof into
interior sales floor area; and fenced outdoor storage area consisting of 9,992 square feet.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: No new services will need to be installed.
Location of water: No new services will need to be installed.
Issues or concerns: None
2. Vegetation: There is existing landscaping on the site. No landscaping is proposed to be
removed with this application.
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: 15.46 acres
£ Conditional Use Information:
Fred Meyer Pharmacy CUP-08-007 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
1. Non-residential square footage: 1,126 square feet for the proposed drive-through (the overall
square footage of the store is 179,320)
2. Hours of Operation: Monday thru Friday 9 am to 9 pm; Saturday 9 am to 7 pm; and
Sunday 10 am to 6 pm.
g. Off-Street Parking:
1. Parking spaces required: 0
2. Parking spaces provided: 0
3. Compact spaces proposed: 0
Additional parking is not required with the proposed use. The applicant is proposing to remove
14 of the existing 814 parking spaces for Fred Meyers, which leaves 800 spaces. Only 359
parking spaces are required for the Fred Meyer store (based on 179, 320 square feet) per the
UDC.
h. Landscaping
1. Width of street buffer(s): NA
2. Width of buffer(s) between land uses: NA (There are no residential uses that abut this site.)
3. Other landscaping standards: NA
i. Required dimensional standards for the C-G zone, per UDC 11-2B-3:
DIMENSIONAL STANDARDS' C-G
Front setback in feet 0
Rear setback in feet 0
Interior side setback in feet 0
Street landsca e buffer in feet
Local 10
Collector 20
Arterial 25
Entr wa corridor 35
Interstate 50
Landscape buffer to residential uses
in feet "" 25 [see note below]
Maximum buildin hei ht in feet 65
Maximum building size without
design standard approval as set
forth in 11-3A 3 in s uare feet 200,000
Parking requirements See Chapter 3 Article C. off-street parking and loading
requirements
Landscapin requirements See Chapter 3 Article B. landscapin requirements
"All setbacks shall be measured from the ultimate right-of-way for the street classification as shown
on the adopted Transportation Plan.
**minimum setback only allowed with reuse of existing residential structure.
***Where the adjacent property is vacant, the Director shall determine the adjacent property
desi nation based on the Comprehensive Plan desi nation.
The proposed drive-through and canopy comply with the dimensional standards of the GG zone.
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the
Fred Meyer site exists from E. Fairview Avenue and N. Locust Grove Road. No new access
points are proposed or approved with this application.
Fred Meyer Pharmacy CUP-08-007 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY l, 2008
7. COMMENTS MEETING
On April 11, 2008, 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.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as
"Commercial." 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 finds 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
N, Obj ective D, Action item 2)
No new access points are proposed or approved with this application. The proposed
pharmacy will be accessed internally within the site via the existing access points on E.
Fairview Avenue and N. Locust Grove Road.
"Plan for a variety of commercial and retail opportunities within the Impact Area."
(Chapter VII, Goal 1, Objective B)
Staff believes that the proposed drive-through pharmacy will contribute to the variety of
commercial uses in the general vicinity and will be a convenience for residents of the
community.
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. Drive-through establishments require conditional use
approval in the C-G zoning district if proposed within 300 feet of another drive-through facility,
residential district, or existing residence. Additionally, the applicant must comply with the
specific use standards listed in UDC 11-4-3-11 for drive-through establishments.
b. Purpose Statement of Zone: The purpose of the GG 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 maj or highway or arterial streets; to fulfill the need of travel-related services, as well
as retail sales for the transient and permanent motoring public.
Fred Meyer Phannacy CUP-08-007 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
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 Barghausen Consulting Engineers, dated
2/28/08, labeled as Sheet PS 2.0) and site improvement plan (prepared by Barghausen Consulting
Engineers, dated 3/19/08, labeled as Sheet CA1.0) for this site. The plans depict a 1,126 square
drive-through pharmacy. Per UDC Table I 1-2B-2 drive-through establishments require
conditional use approval in the C-G zoning district if proposed within 300 feet of another drive-
through facility, residential district, or existing residence. The proposed drive-through is within
300 feet of two other drive-through establishments (Subway and McDonalds) but is not within
300 feet of a residential district or existing residence. There are also two other drive-thrus within
the Fred Meyer complex, Key Bank and TCBY, that are outside of the 300' radius.
Dimensional Standards: There are no minimum setback requirements in the C-G zoning district.
The maximum building height in the C-G district is 65 feet; the elevations show the top of the
parapet for the proposed canopy is 21'4", which complies with this requirement.
Drive-Through Establishment: Per UDC 11-4-3-11, Specific Use Standards apply to the
proposed drive-through use of the property as follows:
- All establishments providing drive-through service shall identify the stacking lane,
speaker location, and window (pneumatic tube) location on the plans submitted with the
Certificate of Zoning Compliance application. The speaker location and pneumatic tube
location are not shown on the plan; these items shall be shown on the site plan submitted
with the CZC application.
- Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons; Staff believes that if the applicant complies with condition of approval
#1.1 in Exhibit B and provides stacking space for 3 vehicles that the stacking lane will
have sufficient capacity to prevent obstruction of the adjacent drive-aisle. See Access
below for more analysis.
- The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking; There is a separate lane proposed for the drive-through.
- The stacking lane shall not be located within ten feet (10') of any residential district or
existing residence; NA (The proposed stacking lane is not within 10' of a residential
district or residence.)
- Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane; and, NA (The proposed stacking lane is not greater than 100' in length..)
- A letter from the Transportation Authority indicating the site plan is in compliance with
the authority's standards and policies shall be required. The applicant shall comply with
this requirement if covered under the Transportation Authority's (ACHD) jurisdiction.
Building ElevaNons: Building elevations (prepared by Mulvanny G2 Architecture, dated
3/19/08, labeled as Sheet A2.1) that depict the existing Fred Meyer building with the proposed
drive-through pharmacy canopy were submitted with this application and are included as Exhibit
A.4. The columns to support the canopy are proposed to be round concrete columns that will be
painted per the elevations. The fa~ade of the pharmacy drive-through will be an EFIS (Exterior
Insulated Finish System) which will connect to the existing concrete tilt-up panels and painted to
match the adjacent exterior paint scheme. Staff has no objections of the elevations proposed by
the applicant as they complement the existing building and comply with the maximum building
Fred Meyer Pharmacy CUP-08-007 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
height and size requirements of the C-G district. The proposed canopy shall be constructed in
accordance with the elevations shown in Exhibit A.4.
Access: Access to the Fred Meyer site exists from E. Fairview Avenue and N. Locust Grove
Road. The drive-through will be accessed from internal drive aisles. No new access points are
proposed or approved with this application. The two existing drive-throughs for Subway and
McDonald's that lie within 300' of the subject drive-through exist to the southeast and southwest
of the proposed pharmacy drive-through, respectively. Staff does not believe that traffic
movement and stacking for the existing and proposed drive-throughs will interfere with each
other. However, Staff is concerned about the amount of stacking available for the proposed
pharmacy drive-through. Per the applicant, the pneumatic tube is proposed to be located
approximately 6 feet west of the center support pole for the canopy, which leaves enough
staclcing room for approa~imately 1 additional car. The applicant states that historically,
Fred Meyers has had an average of 4-6 customers per hour that use the drive-through
pharmacy facilities. Based on that number, the proposed amount of stacking is probably
sufficient. However, to ensure that the adjacent drive aisle is not blocked during especially
busy times, Staff recommends that the tube be relocated further to the west to allow room
for a total of 3 cars to stack (including the one at the tube), or approximately 60 feet,
without hanging out into the drive-aisle and blocking traffic. The canopy should also be
extended accordingly to cover at least the car at the tube. Additionally, Staff is concerned
about the ability of drivers exiting the drive-through and merging into the through lane to
be flexible enough to look behind them to the east to check for oncoming traffic. Because of
the angle of the exit lane in relation to the adjacent drive aisle, it will be difficult for most
motorists to safely check for on-coming cars. Staff recommends that the earit of the drive-
through be re-designed to be close to a 90-degree intersection with the adjacent drive aisle.
Parking: No new parking is proposed or required with this application. There are a total of 814
existing parking spaces on the site; 14 spaces are proposed to be removed where the drive-
through is proposed. Per UDC 11-3C-6B, 1 parking space is required per 500 square feet of gross
floor area in commercial districts. The overall building square footage of Fred Meyers is 179,320,
which requires 359 parking spaces. The site still meets and exceeds the minimum parking
standards required by the UDC.
Site Plan: Staff has reviewed the site improvement plan (prepared by Barghausen Consulting
Engineers, dated 3/19/08, labeled as Sheet CA1.0), included as E~ibit A.3, submitted with this
application. The following items should to be shown on a revised site plan submitted with the
Certificate of Zoning Compliance application:
- Depict the stacking lane, speaker location, and pneumatic tube location.
- Relocate the pneumatic tube location further to the west to allow room for a total of 3
cars to stack (including the one at the tube) without hanging out into the adjacent drive-
aisle and blocking traffic. There shall be a minimum of 60 feet from the tube to the end of
the drive-through lane.
- Re-design the exit of the drive-through lane to be more perpendicular to the adj acent
drive-aisle. Said exit shall intersect with the drive aisle at approximately a 90 degree
angle.
- Extend the overhead canopy to cover the car park area at the pneumatic tube. (The
canopy is not required to cover all of the stacking area.)
Landscaping: No landscaping is proposed or required with this application.
Fred Meyer Pharmacy CUP-08-007 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY l, 2008
Hours of Operation: The proposed hours of operation for the drive-through pharmacy are
Monday thru Friday 9 am to 9 pm; Saturday 9 am to 7 pm; and Sunday 10 am to 6 pm. Staff has
no objections to the proposed hours of operation as there are no nearby residences.
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior
to issuance of building permits, for the proposed drive-through pharmacy use. The site 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-08-007 for a drive-through
pharmacy for Fred Meyer, 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 subject to the conditious of
approval listed in Exhibit B. The Meridian Plannin$ and Zoning Commission heard this
item on Mav 1, 2008. At the public hearing, thev moved to approve CUP-08-007.
11. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan (prepared by Barghausen Consulting Engineers, dated 2/28/08, labeled as Sheet PS
2.0)
3. Site Improvement Plan (prepared by Barghausen Consulting Engineers, dated 3/19/08, abeled
as Sheet CA1.0)
4. Building Elevations (prepared by Mulvanny G2 Architecture, labeled as Sheet A2.1)
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
C. Required Findings from the Unified Development Code
Fred Meyer Pharmacy CUP-08-007 Page 8
CITY OF MERID[AN PLANNWG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY l, 2008
A. Drawings
1. Vicinity/Zoning Map
Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
2. Site Plan (prepared by Barghausen Consulting Engineers, dated 2/28/08, labeled as Sheet PS 2.0)
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Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
3. Site Improvement Plan (prepared by Barghausen Consulting Engineers, dated 3/19/08, labeled as Sheet
CA1.0)
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Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
4. Building Elevations (prepared by Mulvanny G2 Architecture, labeled as Sheet A2.1)
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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
1. PLANNING DEPARTMENT
1.1 The site improvement plan, prepared by Barghausen Consulting Engineers, dated 3/19/08, labeled
as Sheet CA1.0, is approved, with the conditions listed herein. The Applicant shall comply with
all applicable conditions of approval associated with this site. The applicant shall revise the site
plan as follows:
a. Depict the stacking lane, speaker location, and pneumatic tube location.
b. Relocate the pneumatic tube further to the west to allow room for a total of 3 cars to stack
(including the one at the tube), or approximately 60 feet, without hanging out into the
adjacent drive-aisle and blocking traffic.
c. Re-design the exit of the drive-through lane to be more perpendicular to the adjacent drive
aisle. Said exit shall intersect with the drive aisle at approximately a 90 degree angle.
d. Extend the overhead canopy to cover the car park area at the pneumatic tube. (The canopy is
not required to cover all of the stacking area.)
1.2 The applicant shall comply with the applicable Specific Use standards listed in UDC 11-4-3-11
for drive-through establishments as follows:
a. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way/driveway by patrons (see changes above);
b. The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking;
c. A letter from the Transportation Authority indicating the site plan is in compliance with the
authority's standards and policies shall be required.
1.3 Building elevations for the proposed pharmacy canopy shall comply with the elevations shown in
Exhibit A.4 and with the conditions noted in this report.
1.4 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 pernuts.
1.5 No new access points to Fairview Avenue or Locust Grove Road are approved with this
application.
1.6 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the
required improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
L'7 No new signs are approved with this CUP application. All business signs require a separate sign
pernut in compliance with the sign ordinance (UDC 11-3D).
1.8 The Applicant shall have a maximum of 18 months to commence the use as pernutted 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 Public Works has no concerns with this application.
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY l, 2008
3. FIRE DEPARTMENT
3.1 The proposed project has no fire department concerns.
4. POLICE DEPARTMENT
4.1 A high quality digital video recording system set up to monitor and identify all drive up
pharmacy customers is required for the proposed use.
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5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns with the site design as submitted with the application.
6. SANITARY SERVICES COMPANY
6.1 SSC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
ACHD did not submit comments on this application.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
C. Required Conditional Use Pernut 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.
The Commission 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 if the
applicant complies with the conditions of approval in Exhibit B. The Commission finds that even
with removal of 14 parking spaces where the drive-through is proposed, the site still meets and
exceeds the minimum parking standards listed in UDC 11-3C-6B.
Staff recommends the Commission rely on Staff's analysis and any oral or written public
testimony provided when deternuning if this site is large enough 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.
The Commission finds that the Comprehensive Plan Future Land Use Map designation for this
property is 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 be compatible with other
uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely c6ange the essential character of the same area.
The Commission finds that, if the Applicant complies with the conditions outlined in this report,
the operation of the proposed use should be compatible with other uses in the general
neighborhood and with the existing and intended character of the area. Further, the Commission
believes that the proposed use will not adversely change the essential character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Commission finds that, if the Applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other property in the area.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
The Commission finds that 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.
If approved, the Applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
Exhibit C Page 2
CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008
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.
The Commission recognizes that traffic and noise is a concern; however, the Commission 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 as there are no nearby residents. The
Commission 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.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. The Commission finds that the proposed use will not result in
the destruction, loss or damage of any natural, scenic, or historic feature of major importance.
Exhibit C Page 3