HomeMy WebLinkAboutMira Bella Salon CUP-08-013CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF ; E' IDIAN~~'
LAW AND I D A H o
DECISION & ORDER
~,~y ~f} ~~
In the Matter of Conditional Use Permit for a personal service shop in the ,~ -~oni~g~ ~~1 .t~
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district that does not meet all of tbe criteria listed in the Downtown Meridian Des~ ' t ZO~~
Guidelines for Mira Bella Salon, by Jerry Williams.
08 013
CiTY OF ME~j~IAN
Case No(s). CUP- - CITY CLE~iK OF~ICE
For the Planning and Zoning Commission Hearing Date of: July 3, 2008 (Findings on July
17, 2008 agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 3, 2008 incorporated
by reference)
2. Proeess Facts (see attached Staff Report for the hearing date of July 3, 2008 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 3,
2008 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 3, 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 Cornprehensive 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 cornment(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-08-013
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.
b. 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 Departrnent and any affected
party requesting notice.
7. That this approval is subject to the Legal Description; Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of July 3,
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 Comrnission'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:
The applicant's Conditional Use Permit as evidenced by having submitted the
Site/Landscape Plan, attached in the Staff Report as Exhibit A.2, 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 July 3, 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 granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permi:ts and comrnence construction of permanent footings or
structures on or in the ground. For conditional use perrnits 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-013
Page 2
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
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 rnore 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 arid order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of July 3, 2008
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-013
Page 3
/ ~`~"1
By action of the Planning & Zoning Commission at its regular rneeting held on the
day of , 2008.
COMMISSIONER DAVID MOE VOTED
(Chair)
COIVIMISSIONER MICHAEL ROHM VOTED_~
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'BRIEN VOTED Ct~
COMMISSIONER JOE MARSHALL VOTED
~
CHAIRMAN DAVI MOE
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Attest: ~.~`~~~y ~ ~~~~~~'~,
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C~' T~O sL -;
.~~. . - - - - ~~' _ ~~~
Tara Green, Deputy Cty lerk '~~nl' _
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I' ~~> ts~ .r
Copy served upon Appli~c~f, i1~P~epartment, Public Warks Department and City
~~~~~~~~tn n n ~ ~ ~"`~~~``
Attorney. -
By: I'l~~Q pJ~C.Q, ~`^~ Dated: l~~~-'~ ()
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-013
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
STAFF REPORT Hearing Date: July 3, 2008
, (Continued from June 19, 2008)
TO: Planning & Zoning Commission
FROM: Bill Parsons, Associate City Planner
, (208) 884-5533
SUBJECT: Mira Bella Salon
• CUP-08-013
'-. E IDIAN~,-~--
IDAHO
Conditional Use Permit for a personal service shop in the O-T zoning district
fhat does not meet all of the criteria listed in the Downtown Meridian Design
Guidelines
1. SUMMARY DESCRIPTION OF APPLICANT'S REQiTEST
The Applicant, Jerry Williams, is requesting Conditional Use Pernut (CUP) approval for a personal
service shop in the O-T (Old Town) zoning district that is not consistent with the Downtown
Meridian Design Guidelines. The applicant is proposing to renovate the existing home on the site to
operate a personal service shop (Hair Salon). The subject site consists of 034 of an acre and is
located at 1649 W. 1 S` Street, on the southwest corner of Cherry Lane and W. 1 st Street.
Per UDC 11-2D-4D, all new construction and exterior modifications in the Old Town district shall be
subject to administrative design review. The criteria for design review are set forth in the document,
Downtown Meridian Design Guidelines (DMDG). Per UDC 11-2D-4D.3, any applications in Old
Town that do not meet the criteria in the DMDG shall be subject to a Conditional use Permit (CUP).
A CLTP is required for the subject project because the proposed building fa~ade improvements and
site layout does not meet all of the criteria listed in the Downtown Meridian Design Guidelines.
2. SLTMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP application below. Staff recommends
approval of CUP-08-013 for Mira Bella Salon, as presented in the Staff Report for the hearing
date of July 3, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the
conditions listed in Exhibit B. The Meridian PlanninS and Zonin~ Commission heard this item
on Julv 3, 2008. At the public hearing, the Commission moved to auprove CUP-08-013.
a. Summarv of Commission Public Hearing:
i. In favor: Jon Breckon (Applicant's Representative)
ii. In opposition: None
iii. Commentin •~None
iv. Written testimony: None
v. Staff presentin~~nplication: Caleb Hood
vi. Other staff cornmenting on application: None
b. Kev Issues of Discussion bv Commission:
i. None
c. Kev Commission ChanEes to Staff Recommendation:
i. None
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08-
013, as presented in the staff report for the hearing date of July 3, 2008, with the following
Mira Bella Salon CUP-08-013 Page 1
CITY OF MERIDIAN PLANN[NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2U08
modifications to the conditions of approval: (add any proposed modifications). I further move to
direct Staff to prepare an appropriate findings document to be considered at the next Planning and
Zoning Commission hearing on July 17, 2008.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-08-
013, as presented during the hearing on July 3, 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 July 3, 2008.
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP-
08-013 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:
1645 W. 1 S` Street
Lots 3& 4, Block 2, Meridian Wilson Addition Subdivision
Northeast '/ of Section 12, Township 3 North, Range 1 West.
b. Owner:
Jevon Investments Inc.
16582 Mahogany Drive
Nampa, ID 83687
c. Applicant/Contact:
Jerry Williams
1422 Wampum Way
Meridian, ID 83642
d. Present Zoning District: O-T (Old Town)
e. Present Comprehensive Plan Designation: Old Town
£ Description of Applicant's Request: The Applicant is requesting Conditional Use Pernut (CUP)
approval for a personal service shop that does not meet the criteria of the Downtown Meridian
Design Guidelines.
5. 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 Cominission on this matter.
b. Newspaper notifications published on: June 2 and June 16, 2008
c. Radius notices mailed to properties within 600 feet on: May 23, 2008
d. Applicant posted notice on site by: June 23, 2008
Mira Bella Salon CUP-08-013 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JLJLY 3, 2008
6. LAND USE
a. Existing Land Use(s): Existing Single-farnily residence
b. Description of Character of Surrounding Area: Single-farruly residences exist to the south of the
site and future commercial uses abut Cherry Lane adjacent to this site. The parcel to the west has
been approved for medical office.
c. Adjacent Land Use and Zoning
1. North: Rural residential property, zoned RUT in Ada County
2. East: Single Faxnily Residences, zoned R-4
3. South: Single-family residences in Meridian Wilson Addition, zoned R-4
4. West: Approved Meridian Office Building, zoned O-T
d. History of Previous Actions Pertaining to this Site:
• On October 19, 2004, this property (and the adjacent property to the west at 125 W.
Cherry Lane) was rezoned (RZ-04-O10) from R-4 to O-T (Ordinance #04-1111). A
Development Agreernent was required with the rezone of the property and was approved
by City Council on January 8, 2008. Further, a concept plan was approved with the
rezone ordinance (#04-1111) for this site and the adjacent property to the east. On April
1, 2008, the City Council acted on the miscellaneous application to modify the DA for
the site removing the requirement for cross-access and temporary access to Cherry Lane.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: This site is currently served.
Location of water: This site is currently served.
Issues or concerns: None
2. Vegetation: There are existing trees on the site. Mitigation and protection are required, in
compliance with UDC 11-3B-1OC5, for the healthy trees on-site. See Analysis, Section 10 for
more information.
3. Floodplain: NA
4. Canals/Ditches Irrigation: NA
5. Hazards: No hazards are known to exist on the site
6. Existing Zoning: O-T (Old Town)
7. Lot Size: 0.34 of an acre
£ Conditional Use Information:
1. Non-residential square footage: 1,759 square feet
2. Hours of Operation: 9:00 a.m. to 6:00 p.m. Monday through Saturday
g. Off-Street Parking:
1. Parking spaces required: 1
2. Parking spaces provided: 8 total
3. Compact spaces proposed: 4
Mira Bella Salon CUP-08-013 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 3, 2008
h. Landscaping
1. Width of street buffer(s): NA (street buffers are not required in the O-T district)
2. Width of buffer(s) between land uses: NA (buffers between land uses are not required in the
O-T district)
3. Other landscaping standards: See 11-3B-8, Parking Lot Landscaping, for internal parking lot
landscaping requirements.
i. Required dimensional standards for the O-T zone, per UDC 11-2D-4:
- Maximurn building height: 75'
- Minimum number of stories for new construction: 2
- All new construction and exterior modifications shall be subject to administrative design
review in accordance with the criteria set forth in the Downtown Meridian Design Guidelines
(DIVIDG). Applications (such as this one) that do not meet the criteria in the design guidelines
shall be subject to a CUP.
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this
site is proposed on the site plan from W. 1 st Street. Direct access to W. Cherry Lane is prohibited.
7. COMMENTS MEETING
On May 30, 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 Public
Works Department and Meridian Police Department. Staff has included comments, conditions, and
recomrnended actions in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Old Town."
Old Town is defined in the Comprehensive Plan as follows: "This includes the historic downtown and
the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and
service retail for surrounding residents and visitors. A variety of residential uses could include reuse
of existing buildings for residential uses, new construction of multi-family residential over ground
floor retail or office uses. In order to provide and accommodate preservation of the historical
character, specific design requirements may be imposed. Pedestrian amenities would be emphasized.
Public investment to ensure that Old Town becomes a centralized activity center with public, cultural,
and recreational structures would be encouraged. The boundary of the Old Town district
predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street
were incorporated into the boundary to encourage similar~ uses and complimentary design of the
facing houses and buildings." Staff finds that the proposed use of the property as a personal service
(salon) building complies with the applicable provisions of the Comprehensive Plan and fizrthers the
goals and objectives set forth therein.
Staff finds that the request generally conforms to the stated purpose, intent, and standards of the Old
Town land use category within the Comprehensive Plan. Staff finds the following Comprehensive
Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):
Mira Bella Salon CUP-08-013 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
• Chapter VII, Goal I, Objective B, Action 5(page 109) - Locate new community cornmercial
areas on arterials or collectors near residential areas in such a way as to complement with
adjoining residential areas.
This site is located adjacent to W. Cherry Lane, an arterial roadway, and single family
residences to the south of the site. The proposed personal ser~vice shop should complement
the surrounding residential uses while providing a much-needed service in this area.
Chapter V, Goal III, Objective D, Action 3(page 43) - Require all new parking lots to
provide landscaping in internal islands.
The site plan depicts internal parking lot landscaping on the site in compliance with the
standards listed in UDC 11-3B-8.
• Chapter VII, Goal IV, Objective D, Action 2(page 114) - Restrict curb cuts and access points
on collectors and arterial streets.
This site is not proposing and is not approved for direct access to W. Cherry Lane, an
arterial roadway. Access to the site is proposed from W. lst Street.
• Chapter N, Goal I, Objective A, Action 6(page 26) - Pernut new residential, commercial, or
industrial developments only where urban services can be reasonably provided at the tirne of
final approval and development is contiguous to the City.
The subject property lies within the boundaries of the City of Meridian and is provided with
City services.
Staff be[ieves that the proposed use is consistent with the Comprehensive Plan and is compatible
with the surrounding uses. See Section l0 below pertaining to the subject CUP request pertaining
to compliance with the Downtown Meridian Design Guidelines. 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 jor this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2D-2 lists the pernutted, accessory, and
conditional uses in the O-T zoning district. Personal Service Shops are a permitted use in the O-T
zoning district. However, because the applicant cannot comply with all of the criteria of the
DMDG, a CUP is required.
b. Purpose Statement of Zone: Per UDC 11-2D-1, the purpose of the traditional neighborhood
districts is to encourage mixed use, compact development that is sensitive to the environmental
characteristics of the land and facilitates the efficient use of services. Vertically integrated
residential projects are encouraged in all traditional neighborhood districts. A traditional
neighborhood district diversifies and integrates land uses within close proxirnity to each other,
and it provides for the daily recreational and shopping needs of the residents.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP
request as proposed, with the following comments:
HISTORY: The subject parcel was rezoned in 2004 from an R-4 zone to an O-T zone with the
parcel west of the site. A development agreement was required as part of the rezoning of the
property that required cross access and allowed temporary access to Cherry Lane. On April 1,
Mira Bella Salon CUP-08-013 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
2008, the City Council acted on a DA modification to remove the requirement for cross access
and the access to Cherry Lane.
CUP: The applicant is proposing to renovate the existing 1,400 square foot home on the site and
add approximately 300 square feet to operate a personal service shop. Due to the configuration of
the existing building on the site, the applicant cannot comply with all of the standards in the
Downtown Meridian Design Guidelines. Per UDC Table 11-2D-2, personal service shops are a
pernutted use in the O-T zoning district. However, per UDC 11-2D-4D, all new construction and
exterior modifications in the O-T district are subject to administrative design review in
accordance with the standards listed in the Downtown Meridian Design Guidelines (DMDG).
Any applications that do not meet the criteria in the design guidelines are subject to a conditional
use permit. Because the applicant is unable to comply with all of the Downtown Meridian Design
Guidelines (DMDG) as required in the O-T zoning district, a CUP is required.
Dimensional Standards: Currently, the only development standards in the O-T district are as
follows: (Staff's comments are in italics)
- Maximum building height: 75' (The existing building is a single story single family home
and is roughly 14 feet in height which complies with this requirement.)
- Minimum number of stories for new construction: 2(Entire building to remain single
story which does not comply with this requirement.)
- All new construction and exterior modifications shall be subject to administrative design
review in accordance with the criteria set forth in the Downtown Meridian Design
Guidelines (DMDG). Applications (such as this one) that do not rneet the criteria in the
design guidelines shall be subject to a CUP. (The applicant cannot comply with all of the
design guidelines, thus the reason for the CUP request. See below for the specific items
that the applicant cannot comply with.)
Design Guidelines: The Downtown Meridian Design Guidelines were mainly intended for
mixed-use buildings within the City's core. However, as currently written in code, all O-T zoned
property is subject to the standards. Below is a list of the design guidelines applicable to this site:
(Staff's comments in italics)
1. Setbacks: All new buildings must have first floor facades built to the public right-of-way
at the street sides and to interior lot lines (exceptions may be considered at interior lot
lines for pedestrian paths and existing adjacent buildings with windows, and for civic and
community buildings and pubic spaces). The applicant is proposing to renovate the
existing building and add a 300 square foot reception area. The applicant is not
proposing a new building on the site. The existing home sits approximately 25 feet from
back of sidewalk abutting Cherry Lane and 48 feet measured from back of sidewalk along
w. IS` Street. ACHD has also requested ari additional 17 feet of right-of-way along
Cherry Lane for future expansion and the existing home should not be affected with the
ACHD requirement.
2. Building Orientation: All developments in the Downtown District shall be oriented to
the street. The requirernent is met when:
a. Buildings have their primary entrance oriented toward the street. The existing home
does front on W. 1 st Street.
b. Second story uses, not associated with the ground .floor use, must have their primary
entrances on the street side; a secondary entrance/exit may be located on the rear. Not
applicable because the applicant is proposing one use and is only proposing to
renovate the existing single story building.
Mira Bella Salon CUP-08-013 Page 6
CITY OF ME~DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
c. Off--street parking, driveways, and other vehicular circulation shall not be placed
between the building and the street. The off-street parking and driveway for this site
is proposed at the front of the building and is not in compliance with this
requirement.
d. Service areas for new buildings will be located at the rear including loading,
recycling, garbage, meters, mechanical equipment, etc. Service areas will be screened
from view to the height of the equipment with decorative walls compatible with the
building fa~ade if visible from the street. No mechanical equipment is shown on the
submitted site plan and should be screened and located on the south end of the
existing building. Trash will be taken to the curb; a dumpster is not proposed on the
site. The location of the totes is depicted on the south side of the building and should
be screened from the public street.
e. Rooftop mechanical equipment must be screened to the height of the equipment with
allowable exterior rnaterials. No rooftop mechanical equipment is proposed.
2. Building Height and Form: All development in the Downtown District shall meet the
following lirnits of height and form:
a. Height:
i. Minimurn height at street-side fa~ade: 2 stories/40 feet
ii. Maximum height at street-side fa~ade: 3 stories/60 feet
iii. Maximum height at 10 feet behind street-side farade: 4 stories/75 feet
The existing building is approximately 14 feet in height which does not comply with
the minimum height requirement.
b. Form:
i. Street-side facades must include a parapet whether a flat roof or pitched roof is
used. The roof of the proposed structure does not have a parapet; the
building is proposed to have a pitched roof only, which does not comply with
this requirement. Staff is not recommending that the applicant be required to
provide a parapet on the proposed structure because of the property's
location on Cherry Lane (an arteria[ street) and the periphery of the O[d
Town District. Further, the proposed elevations are more compatible with
adjacent structures.
ii. Facades stepped back 10 feet or more may have a shaped roof profile without a
parapet, but must not exceed height limit. Not applicable.
iii. Form may include corner elements at street intersections only, such as towers,
projecting bays, etc. but must not exceed height limit. Not applicable.
iv. Ground level building corners, on corner lots only, rnay be chamfered a
distance of 10 feet maximum from the corner property line for corner entries. A
chamfered corner entry is not proposed.
v. Balconies and bay windows may project beyond the fa~ade up to 6 feet if at
least 15 feet above ground. There are no balconies or bay windows proposed
on the second story.
As mentioned earlier, the applicant is proposing to renovate the existing single family
home and add a 300 square foot reception area. A majority of the above guidelines are
applicable to the core of downtown. The current home is a gutted shell and has been an
Mira Bella Salon CUP-08-013 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
eye sore for the City for quite some time. Staff believes redeveloping the site is in the best
interest of the City and is a needed service in that area of town. Furthermore, the subject
site is on the fringe of the Old Town districts and transitions well with the surrounding
single family residential homes. Furthermore, Staff requested Shaun Wardle with the
Meridian Development Corporation attend the pre-app for project to receive feed back
from the re-development agency. Although staff did not receive formal comments from
Mr. Wardle, he was supportive of the re-development of this property and was in
agreement with staff it was a good reuse of the property. Therefore Staff is supportive of
the applicants CUP request.
3. Fagade Treatment, Entrances, Roofs: All developments in the Downtown District will
meet the following requirements for fa~ade treatments:
a. First floor street facing facades: Facades must contain no less than 50% glass.
Storefronts xnust follow the proportioning system (All first floor street-facing facades
must be constructed such that storefronts can be added to allow flexibility of use over
time.) Glass rnust be clear with no tinting or reflectivity. Window frames must be
recessed from the face of the finished wall a minimum of 4 inches. Non-glass
materials may be one or a combination of the following materials: stone or brick
masonry, tile, or stucco (concrete masonry is prohibited). Paneled painted wood may
be used within the storefront if detailed in a historically compatible manner. Active
doors are recommended approximately every 25 feet or as close as feasible for the
project. Window headers and sills are encouraged. Belt coursing at 12 feet to 20 feet
above the ground is encouraged, especially if matching an adjacent building.) The
elevations facing W. Ist Street and Cherry Lane depict less than SO% glass, which
does not comply with this requirement. Stucco and horizontal hardi board siding is
proposed on the wall surfaces, which comp[ies with this requirement. The building
is proposed to only house one tenant; thus, additional storefronts and doors are not
planned to be added in the future. Because the applicant is proposing attractive
building elevations with ample windows (approximately 29% on W. lst Street and
2l % on Cherry), Staff is not reeommending that the applicant be required to add
additional windows/glass to total SO% of the street facing facades. Staff believes
that this percentage fits into the existing character of the buildings in the area. The
future medical ojfice to the west was approved with 14% glazing along Cherry
Lane and 2l % g[azing along W. 2nd Stree~
b. Street-facing facades above first floor: Street-facing facades above the first floor shall
have no less than 20% glass. Windows shall be vertical in proportion and frames
recessed from the face of the finished wall be a minimum of 4 inches. Acceptable
wall materials include stone or brick masonry, tile, and stucco (concrete masonry is
prohibited). Not applicable, single-story.
c. Screening: On grade screen walls shall be constructed of materials similar to those of
the building fa~ade if visible from the street. Roof-top screening materials shall be
compatible with building fagade materials. The ADA ramp should provide screening
for the totes. No mechanical equipment is shown on the submitted site plan and
should be screened and located on the south end of the existing building.
d. Parapets: Parapets are required and rnust have a shaped cap of no less than 6 inches
vertical, projecting no less than 1 inch horizontal. Decorative elements of parapets
may exceed height limits by 4 feet maximum, and are restricted to 50% of the parapet
length. Parapets are not proposed on the building and Staff is not recommending
that they be provided (see #3.b above).
Mira Bella Salon CUP-08-013 Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
e. Projecting cornices; Projecting cornices, if used, must be consistent or compatible
with historic structures of the turn of the 20~' century. Cornices are not proposed and
are not required.
f. Awnings: Retractable fabric awnings or permanent canopies for sun protection and
the creation of protected sidewalk space are encouraged. Temporary and permanent
awnings of plastic fabric are not allowed. Awnings are not proposed and are not
required.
5. Mid-Block Pedestrian Pathways: All developments in the Downtown District will meet
the following requirernents for mid-block pedestrian pathways, if those pathways are
deemed necessary by the appTicant/owner. A mid-block pedestrian pathway is not
proposed by the applicant. Staff does not believe that one is necessary or feasible in this
area because of the existing residential neighborhood and zoning to the south and the
short block length between 1 s` and 2"d Streets.
6. Streetscape Design: Note: Streetscape Designs in the Downtown District are in the
process of being developed in conjunction with Ada County Highway District. Until
specific new streetscape standards are developed, streets and sidewalks shall be built to
be compatible with streetscape improvement, built in 1991-1993, and as specified by
AC~ID.
7. Landscaping: Until specific new streetscape standards are developed, streets and
sidewalks shall be built to be compatible with streetscape improvement built in 1991-
1993, and as specified by ACHD. Currently there are no adopted plans for detached
sidewalks along the adjacent streets and therefore, there are no street landscaping
requirements in Old Town However, the applicant is required to comply with the parking
lot landscaping requirements of the UDC.
8. Parking: No off-street parking is required. If off-street parking is provided, the applicant
shall provide accessible spaces as per federal accessibility standards and the standards for
parking stall size in UDC Table 11-3G5. Off-street parking is allowed only at the rear of
buildings not visible from streets and in parking structures. Off-street parking in the rear
is not feasible for this site because of the location of the existing structure and there is no
alley way at the rear of the site. However, the applicant is proposing parking in front of
the building and complies with the dimensional standards in UDC 11-3C-S.
Building Elevations: Building elevations for the proposed building were submitted with this
application, prepared by Olson and Associates, dated March 21, 2008, labeled as Sheet A2.0, and
are included as Exhibit A. Exterior materials are proposed to be a combination of stucco and
horizontal hardi board wall finish and asphalt shingle roofing; per the notes on the submitted
building elevations. Because the submitted elevations do not comply with a majority of the
Downtown Meridian Guidelines, the project is subject to CUP approval. Staff believes the
proposed modifications to the existing building should improve the overall appearance of
the property. Therefore, staff is supportive of the elevations proposed with tlris application.
Access: Access to the site is depicted on the site/landscape plan from a driveway connection to
W. 1 st Street, a local public street. This driveway does not stub to the property to the west and is
the only access point proposed to this site. Duect access to Cherry Lane is prohibited.
Parking: In traditional neighborhood districts, one off-street parking space is required per 500
square feet of gross floor area, per UDC 11-3C-6B. Because the applicant is proposing to
renovate the existing home on the site; only the 300 square foot addition is subject to the parking
requirements. Based on the proposed 300 square foot addition, 1 parking stall is required for this
Mica Bella Salon CUP-08-013 Page 9
CITY OF MERIDIAN PLANNING DEPARTNIENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
business. On the subrnitted site/landscape plan, the applicant is proposing a total of eight parking
stal~ls (4 standard stalls and 4 compact stalls) that should provide the parking for employees and
patrons of the establishment. In addition on street parking is also available on W. ls` Street.
A bicycle rack is required to be installed on the site that is capable of holding a minimum of
1 bicycle and should comply with the standards listed in UDC 11-3C-SC.
Site/Landscape Plan: Staff has reviewed the site/landscape plan, prepared by Breckon Land
Design dated 5/19/08, labeled as Sheet L1.1, submitted with this application and found the
following items need to be shown on a revised plan:
• Compact stalis are discouraged but may be used for any parking above the number of
required parking spaces, per UDC 11-3GSA6. Provide a minimum of 8 parking stalls on
this site, as proposed. The compact stalis shall be signed as such.
• Depict mechanical equipxnent location on the south side of the building and screened
from Public Street.
• Provide mitigation for existing healthy trees on-site that are removed. Protect the existing
trees that are to remain.
• Provide a bike rack on the site.
NOTE: THE APPLICANT SHOULD SUBMIT A REVISED SITE/LANDSCAPE PLAN
WITH THE AFOREMENTIONED REVISIONS WITH CZC SUBMITTAL.
Hours of Operation: The hours of operation for the proposed personal service shop (Salon) are
from 9 a.rn. to 6 p.m. Monday through Saturday.
Certificate of Zflning Compliance (CZC): A CZC application is required to be submitted to the
Planning Department for approval prior to issuance of building permits for the proposed building
on this site. The applicant should submit revised plans that comply with the conditions of
approval listed in Exhibit B of this staff report, with the CZC applicaNon. All improvements
must be installed prior to occupancy.
b. Staff Recommendation: Staff recommends approval of CUP-08-013 for Mira Bella Salon, as
presented in the Staff Report for the hearing date of July 3, 2008, based on the Findings of
Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The
Meridian PlanninS and Zonin~ Commission heard this item on Julv 3, 2008. At the nublic
hearing the Commission moved to approve CUP-08-013.
11. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site/Landscape Plan (prepared by Breckon Land Design dated 5/19/08, labeled Sheet L1.1)
3. Building Elevations (prepared by Olson & Associates, dated 3/21/08, labeled Sheet A2.0)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
Mira Bella Salon CUP-08-013 Page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 3, 2008
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from the Unified Development Code
Mira Bella Salon CUP-08-013 Page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
A. Drawings
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiILY 3, 2008
2. Site/Landscape Plan
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Exhibit A Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
3. Building Elevations
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-T orr~s, v~. r r
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 3, 2008
B. Conditions of Approval
1. PLAIVNING DEPARTMENT
1.1 The site/landscape plan, prepared by Breckon Land Design, shal'1 be revised per the conditions
listed below. The Applicant shall comply with all previous conditions of approval associated with
this site (RZ-04-O10 and Development Agreement). The applicant shall revise the site plan as
follows:
• Compact stalls are discouraged but may be used for any parking above the number of required
parking spaces, per UDC 11-3GSA6. Provide a minimum of 8 parking stalls on this site, as
proposed. Compact stalls shall be signed as such.
• Depict mechanical equipment location on the south side of the building and screened from the
public streets.
• Provide mitigation for existing healthy trees on-site that are removed. Protect the existing trees
that are to remain. Contact Elroy Huff (888-3579), Meridian Parks Department to establish a
mitigation/protection plan.
• Provide a bike rack on the site.
1.2 The building elevations, prepared by Olson and Associates, dated 3/21/2008, are approved and
shall comply with the elevations submitted with the CZC application.
1.3 Direct vehicular access to Cherry Lane is prohibited.
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 for the
proposed building.
1.5 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the
required improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
1.6 No new signs are approved with this CUP application. All business signs require a separate sign
perrnit in compliance with the sign ordinance (UDC 11-3D).
1.7 The Applicant shall have a maxirnum 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 pernut must be obtained prior to operation. ~
1.8 Staff's failure to cite specific ordinance provisions or terms of the approved CUP does not relieve
the Applicant of responsibility for compliance.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Worlcs has no opposition to the current application.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a, Fire Hydrants shali have the 4'/z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 3, 2008
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing pernuts.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.4 Operational fire hydrants, ternporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.5 Provide a Knox Box entry system for the complex prior to occupancy.
3.6 Maintain a separation of 5' from the building to the dumpster enclosure.
3.8 Provide exterior egress lighting as required by the International Building & Fire Codes.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SANITARY SERVICES COMPANY
6.1 SSC has no cornments related to this application
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Construct W. 1 st Street abutting the site to one-half of a 36-foot street section with vertical curb,
gutter, and 5-foot concrete sidewalk or enter into a road trust for the improvements to be
constructed on W. ls` Street abutting the subject site in the amount of approximately $6,825.00.
7.1.2 Dedicate 57-feet of right-of-way from the eenterline of W. Cherry Lane abutting the parcel an
additional 17-feet of. The right-of-way purchase and sale agreement and deed must be completed
and signed by the applicant prior to scheduling the final plat for signature by the ACHD
Commission or prior to issuance of a building pernut (or other required pernuts), whichever
occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of
all requested material. The District will purchase the right-of-way which is in addition to existing
right-of-way from available Corridor Preservation Funds.
7.13 Direct lot access to Cherry Lane is prohibited.
7.1.4 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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace ariy existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Interirn Policy.
7.2.6 iltility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the DistricYs Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building pernut
(or other required pernuts), which incorporates any required design changes.
7.2.9 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.
72.10 Payrnent of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the irnpact fee ordinance that is in effect at that time.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACI-ID right-of-way. The applicant shall contact AC~ID Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the terrns 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 an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 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 planned use of the subject property unless
a waiver/variance of said requirernents or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B
CI,TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAWNG DATE OF JULY 3, 2008
C. Required Conditional Use Pernut Findings from LTDC
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 regulaNons in the district in which the use is located.
The existing site is large enough to accommodate the proposed use, including the additional right-
of-way needed for the future expansion of Cherry Lane. However, the site and proposed structure
do not cornply with all of the development regulations of the O-T zoning district noted in the
Downtown Meridian Design Guidelines (DMDG). For this reason, a CiJP is requested as required
by UDC 11-2D-4D.3 for applications that do not meet the criteria of the DMDG. See analysis in
Section 10 for more information on specific guidelines that the applicant cannot comply with.
Off-street parking is required at the ratio of one space per 500 square feet of gross floor area in
commercial districts (UDC 11-3C-6). Four off-street parking stalls are required for this site based
on the total square footage of the building; eight are provided. The applicant complies with this
requirement.
The Commission has relied on Staff's analysis and any oral or written public testimony provided
and determined 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 Coxnxnission finds that the Comprehensive Plan Future Land Use Map designation for this
property is Old Town. The property is currently zoned O-T, which complies this designation. The
proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10
above for more infonnation 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 exis6ng or intended character of the general
vicinity and that such nse will not adversely change 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. The Commission should rely
upon any public testimony provided to deternune if the development will adversely affect the
other property in the vicinity.
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.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
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 f nancing 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.
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. 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 that should be brought to the Commission's attention. The
Comrnission 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