HomeMy WebLinkAboutMaverik FindingsAugust 4, 2ooa cuP os-o~ 6
MERIDIAN PLANNING & ZONING MEETING AUgUSt 7, 2008
APPLICANT Maverik, Inc. ITEM NO. 3~C
REQUEST Findings of Fact 8~ Conclusions of Law for Approval- CUP approval for a convenience
store and fuel sales facility in a C-N zoning district per requirement of the Development Agreement
for Maverik (Locust Grove/McMillanS - NEC of N. Locust Grove Road & E. McMillan Rd
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLIGE DEPT:
CiTY FIRE DEPT:
CIN BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTL~RS' IRRIGA710N:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
S~e Aitached Findings
Contacted: Date: Phone:
Emailed: Staff initials:
Mate~lals presented at pubpc meeflngs shall become property of the City of Me~dian.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
E IDIAN~--
IDAHO
In the Matter of Conditional Use Permit for a Convenience Store and Fuel Sales Facility in
a C-N Zoning District per Requirement of the Development Agreement, by Maverik Inc.
Case No(s). CUP-08-016
For the Planning and Zoning Commission Hearing Dates of: July 3, and 17, 2008 (Findings
scheduled for August 7, 2008)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 3, 2008,
incorporated by reference)
2. Process 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 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-08-016
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 Chairman of the Commission 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 Site Plan, Building Elevations, 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 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 4/9/08 and building elevations, dated 1/25/08, is hereby conditionally approved;
and,
2. The site specific and standard conditions of approval are as shown in the attached Sta.ff
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 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 tennination 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 rnay 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-08-016
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
1. 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.
5uch 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 July 3, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-016
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the
day of , 2008.
COMMISSIONER DAVID MOE VOTED
(Chair)
CONIMISSIONER MICHAEL ROHM VOTED
CONIMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'BRIEN VOTED
COMMISSIONER JOE MARSHALL VOTED
CHAIRMAN DAVID MOE
Attest:
Tara Green, Deputy City Clerk
Copy served upon Applicant, The Planning Department, Public Works Deparirnent and City
Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-016
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
STAFF REPORT Hearing Date: July 3, 2008
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner E IDIAN~%^''
(208) 884-5533 I D A H~
SUBJECT: Maverik (Locust Grove/McMillan)
• CUP-08-016
Conditional Use Permit for a convenience store and fuel sales facility in a C N
zoning district, per requirement of the Development Agreement
• DES-08-020
Design Review for structure/site located adjacent to an entryway corridor, per
requirement of the Development Agreement and UDC 11-3A-19B.
1. SiTNIlVIARY 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, per requirement of the Development Agreement (DA) for
Woodland Springs Subdivision. Design Review approval of the proposed structure and site is also
requested with this application, per requirement of the DA and UDC 11-3A-19B.
The property is located on the northeast corner of N. Locust Grove Road and E. McMillan Road. A
final plat has been approved, but not yet recorded, that depicts the subject property as Lot 1, Block 1,
of Woodland Springs Subdivision No. 1. The site is currently zoned C N and consists of 1.42 acres.
2. SUMIVIARY RECOMNIENDATION
The subject applications (CUP-08-016 & DES-08-020) were submitted to the Planning Department
for concurrent review. Staff has provided a detailed analysis for the requested CUP & DES
applications below and recommended conditions of approval for the CUP application. Staff
recommends approval of CUP-08-016 for Maverik, 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. Note: Per UDC 11-SA-2, Desigrt Review (DES) applications
are approved at the administ~ative level by the Planning Director. However, because DES appYOVaI
is requested concurpently with the CUP, Sta,ff has included analysis on the DES request in this staff
repoYt; the DES application does not requiYe Commission action.
The Meridian Plannins & Zonin~ Commission heard this item on Julv 3, and 17. 2008. At the
public hearins on Julv 17. 2008 thev moved to aAprove the subiect CUP reuuest.
a. Summarv of Commission Public Hearin~:
i. In favor: Dan Murrav; Todd Meyers
ii. In ounosition: Jeff Greene; Andv Mitchell; Kimberly Mitchell; Ju~ Horlacher; JoAnn
Horlacher; Dou~ Racine
iii. Commentin~• None
iv. Written testimonv: Val Greenspan; Jason O'Verv; Liz Pew; Susan Greenman; Bart
Navlor; John R Knowles III
v. Staff uresentin~ aunlication: Sonva Watters
vi. Other staff commentin~ on application: None
b. Kev Issue(s) of Discussion bv Commission:
i. AC~'s plans for widenine and sienalizin~ the intersection:
Maverik Locust Grove-McMillan CUP Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
ii. The effect of the nrooosed convenience store and fuel sales facilitv on adiacent
residential uronerties;
iii. Limitation on hours of operation.
c. Kev Commission Change(s) to Staff Recommendation:
i. Add condition of apuroval for the hours of operation of the convenience store and fnel
sales facilitv to be restricted to the hours between 6 am and 11 um. 7 davs a week (see
condition of apuroval #1.15 in Ezhibit B);
ri. Add condition of auuroval for the requirement of a tvne 1 vanor recoverv svstem to be
installed for the fuel facilitv (see condition of a»proval #1.16 in Ezhibit B1;
iri. Add condition of apAroval for the apulicant to work with ACHD to obtain a license
g¢reement to install landscapin~ and irri~ation snrinklers on the propertv south of the
detached sidewalk alon~ McMillan Road to the edge of the future back of the curb.
ApAlicant shall also be responsible for maintainine this area (see condition of apuroval
#1.17 in Ezhibit B).
iv. Add condition of approval for the auplicant to submit a road trust to Ada Countv
Hishwav District for a minimum of five foot wide detached sidewalk on McMillan Road
once that road has redeveloped (see condition of approval #1.18 in Ezhibit B).
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08-
016 as presented in the staff report for the hearing date of July 3, 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 meeting on July 17, 2008.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-08-
016, 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 Comxnission meeting on July 17, 2008.
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP-
08-016 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. McMillan Road
(Depicted on the approved final plat for Woodland Springs Subdivision No. 1 as Lot 1, Block 1)
Southwest 1/a of Section 29, Township 4 North, Range 1 East
b. Owner:
Maverik, Inc.
880 W. Center Street
North Salt Lake City, LJT 84054
Maverik Locust Grove-McMillan CUP Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 3, 2008
c. Applica.ntlContact:
Brad McDougal, Maverik, Inc.
880 W. Center Street
North Salt Lake City, Utah 84054
d. Present Zoning District: C-N (Neighborhood Business District)
e. Present Comprehensive Plan Designation: Mixed Use - Neighborhood
f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP)
approval for a 4,377 square foot convenience store and fuel sales facility for Maverik in a C-N
zoning district. Design Review approval is also requested for the proposed structure and site.
g. Description of Applicant's Justification for CUP Approval: Taken from Applicant's narrative:
"Maverik is proposing a 4,377 square foot convenience store with 5 fueling dispensers located on
the northeast corner of Locust Grove and McMillan Road. The Maverik lot will contain
approximately 1.42 acres and sha11 have access through the adjoining lots to both Locust Grove
and McMillan Roads. Cross-access easements will be recorded."
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 Commission on this matter.
b. The subject application will, in fact, constitute design review as determined by City Ordinance.
By reason of the provisions of UDC 11-SA-2D, this type of application is approved at
administrative level by the Director.
c. Newspaper notifications published on: June 16, and 30, 2008
d. Radius notices mailed to properties within 300 feet on: June 6, 2008
e. Applicant posted notice on site by: June 20, 2008
6. LAND USE
a. Existing Land Use(s): Vacant
b. Description of Character of Surrounding Area: The surrounding area consists of rural and urban
single-family residential uses and an Idaho Power substation. The adjacent property to the east
has been approved for Portico Subdivision, a 261ot residential development, but is not yet in the
development process.
c. Adjacent Land Use and Zoning
1. North: Rural residential property, zoned RUT (Ada County)
2. East: Rural residential property, approved for a 26-lot residential subdivision (Portico), zoned
R-8
3. South: Idaho Power substation, zoned R-8
4. West: Rural and urban residential properties, zoned RUT (Ada County) & R-4
d. History of Previous Actions Pertaining to this Site:
• A Comprehensive Plan Map Amendment (CPA-07-014) was approved (Resolution #08-
593) in 2008 to change the future land use map designation for the subject property, and
Maverik Locust Crrove-McMillan CUP Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 3, 2008
Woodland Springs subdivision as a whole, from Medium Density Residential to Mixed
Use - Neighborhood.
• This property was annexed (AZ-07-014, Ordinance #08-1349) in 2008 with a C-N zoning
district. A Development Agreement (Instrument #108022886) was approved and
recorded with the annexation that included provisions for development of the property.
Specific provisions of the DA required CUP approval for a convenience store/fuel station
use on the subject property and DES approval of the proposed structures and site.
• A Preliminary Plat (PP-07-019) for Woodland Springs Subdivision was approved with
the AZ and CPA applications. The PP consisted of 4 commercial building lots on 7.55
acres.
• A Final Plat (FP-08-003) was approved in 2008 for the first phase of Woodland Springs
subdivision consisting of 3 commercial building lots and 1 common lot on 4.52 acres.
• A Final Plat Modification (MFP-08-004) has been submitted to modify the landscape
plan approved with the final plat for Woodland Springs Subdivision No. 1, as shown in
E~ibit A.4; the hearing is scheduled for the July 8, 2008 City Council meeting.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Main is to be installed with the Woodland Springs Subdivision.
Services will need to be installed to the new purposed building.
Location of water: Main is to be installed with the Woodland Subdivision. Services will
need to be installed to the new purposed building.
Issues or concerns: None
2. Vegetation: There aze no existing trees on the site. Several existing trees were previously
removed from the site and are being mitigated for in compliance with the requirements listed
in UDC 11-3B-10, as shown on the landscape plan.
3. Floodplain: NA
4. Canals/Ditches Irrigation: There are no waterways that currently run through the subject
property. However, the Lemp Canal is proposed to be relocated from the south side of
McMillan Road to the north side of McMillan within the street buffer area on the subject
property. See below for details on landscaping in this azea.
5. Hazards: No hazards are known to exist on the site.
6. Existing Zoning: GN
7. Lot Size: 1.42 acres
f. Conditional Use Inforniation:
1. Non-residential square footage: 4,377 square feet
2. Hours of Operation: 24 hours per day, 7 days a week
g. Off-Street Parking:
1. Parking spaces required: 9
2. Parking spaces provided: 26 (including 2 handicap stalls; not including spaces in fueling
area)
Maverik Locust Grove-McMillan CUP Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
3. Compact spaces proposed: 0
Per UDC 11-3C-6B, one parking space is required peY S00 square feet of gross f loor area in
commercial distYicts; the proposed parking exceeds this YequiYement.
h. Landscaping
1. Width of street buffer(s): A minimum 35-foot wide buffer is required to be constructed along
E. McMillan Road, an entryway corridor and minor arterial street. A minimum 25-foot wide
buffer is required to be constructed along N. Locust Grove Road, a minor arterial street.
Landscaping within the street bufFers shall comply with the 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-N zone, per UDC 11-2B-3:
DIMENSIONAL STANDARDS' C-N
Front setback in feet 20
Rear setback in feet 25
Interior side setback in feet 0
Street landsca buffer in fe.et
Local 10
Collector 20
Arterial 25
En a corridor 35
Interstate 50
Landscape buffer to residential uses
in feet "* 20 [see note below]
Maximum buildin hei ht in f~t 35
Maximum building size without
design standard approval as set
forth in 11-3A 3 in s uare feet 7,500
Parking requirements See Chapter 3 Article C. off-street parking and loading
re uirements
Landsca in re uirements See Cha ter 3 Article B. landsca in re uirements
*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.
'~'VVhere the adjacent property is vacant, the Director shall determine the adjacent property
desi nation based on the Com rehensive Plan desi nation.
Note: Per UDC 11-4-3-20 (Specific Use Standards foY Fuel Sales Facility) Yequires the total
height of any overhead canopy or weather protection device to not exceed 20 feet. The pYOposed
canopy height is 19 feet measured from finish grade to the top of the canopy, which complies with
this reguirement.
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access for
this site is proposed from one off-site access point to/from N. Locust Grove Road and one off-site
access point to/from E. McMillan Road across Lot 2, Block 1, of Woodland Springs Subdivision
No. 1 via a blanket cross-access easement depicted on the final plat. No additional access points
are proposed with this application and none are approved. A blanket cross-access easement is
depicted on the final plat for all lots within the subdivision. Staff and ACHD are supportive of the
proposed off-site access points to the site. Please see Staff's comments below in Section 10, for
Maverik Locust Crrove-McMillan CUP Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
more information.
7. COMMENTS MEETING
On June 13, 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 "Mixed Use -
Neighborhood." In Chapter VII of the Comprehensive Plan, mixed use azeas generally provide for a
combination of compatible land uses that are typically developed under a master or conceptual plan.
The purpose of the mixed use designation is to identify key areas which are either infill in nature or
situated in highly visible or transitioning areas of the city where innovative and flexible design
opportunities aze encouraged. The intent of this designation is to offer the developer a greater degree
of design and use fleJCibility. Areas designated as "Mixed Use - Neighborhood" are allowed up to 10
acres of non-residential uses; up to 100,000 square feet of non-residential building azea; and
residential densities of 3 to 8 dwelling units per acre. Sample uses include: grocery stores, drug stores,
coffee/sandwich shops, dry cleaner/Laundromat, salons, daycare, professional offices, medicaUdental
clinics, retaiUgift shops, schools, parks, churches, clubhouses, and public uses. Staff finds that the
request generally conforms to this stated purpose and intent of the Mixed Use - Neighborhood
designation within the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to tlus property and apply to
the proposed development (staff analysis below policy in italics):
•"Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points on arterial streets." (Chapter VI, Goal II, Objective A, Action item 12)
TheYe are two access points to/fYOm Woodland Springs Subdivision fi~ona adjacent at~terial
stYeets; one,froin N. Locust GYOVe Road and one fYOm E. McMillan Road. The subject
property is accessed via a blanket cross-access easement acYOSS Lot 2, Block 1 that is
depicted on the final plat for all lots within the subdivision. ~
•"Require appropriate landscape and buffers along transportation comdors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4)
A 2S foot wide landscape street buffe~ was requiYed along N. Locust GYOVe Road, a minor
arterial street; and a 35 foot wide landscape buffeY was required along E. McMillan Road, a
minoY arterial street and entryway conzdor, with appYOVaI of the plat. Said buffer should be
landscaped in accordance with the standards listed in UDC 11-3B-7C and installed with the
improvements for the subdivision.
•"Pernut new ...commercial development only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City." (Chapter
IV, Goal I, Obj ective A, Action item 6)
This property is cur~ently 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)
Maverik Locust Grove-McMillan CUP Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TF~E HEARING DATE OF NLY 3, 2008
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/office uses will develop on the
adjacent lots in Woodland Springs Subdivision.
•"Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Objective D, Action item 5)
Internal parking lot landscaping is proposed with this application and should be installed
and maintained in accordance with the applicable standards listed in UDC 11-3B-7 and 11-
3B-8.
Staff believes that the proposed use is consistent with the Comppehensive 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 determini~g if the
applicant's request is appropPiate fop this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the principal permitted,
accessory, and conditional uses in the C-N zoning district. Retail stores, personal or professional
services, healthcare or social services, and restaurants aze all principal permitted uses in the C-N
district. Fuel sales facilities required CUP approval in the C-N zoning district. Additionally, there
is specific use standards listed in UDC 11-4-3-20 for fuel sales facilities that the applicant must
comply with.
b. Purpose Statement of the Commercial Districts: The purpose of the commercial districts is to
provide for the retail and service needs of the community in accord with the Meridian
Comprehensive Plan. Four districts are designated which differ in the size and scale of
commercial structures accommodated in the district, the scale and mix of allowed commercial
uses, and the location of the district in proximity to streets and higlaways. The allowed uses in the
C-N district are primarily small-scale convenience type uses.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CLTP
request as proposed, with the following comments:
CUP: The applicant submitted two site development plans (included as Exhibits A.2 & A.3) for
the property. The site plan labeled as "CUP Site Plan" shows the proposed off-site access from
Locust Grove; the site plan labeled as "Architectural Site Plan," Sheet C-0.1 shows the proposed
off-site access from McMillan. Both of the site plans depict a 4,377 square foot convenience store
with an outdoor picnic area and 5 fueling islands. Per UDC 11-2B-2, retail uses are principal
permitted and fuel sales facilities aze a conditional use in the C-N district. However, the existing
Development Agreement for Woodland Springs Subdivision specifically requires CLTP approval
for the proposed convenience store and fuel sales facility.
Dimensional Standards: Per UDC 11-2B-3, there is a 20-foot front setback and 25-foot rear
setback requirement in the C-N zoning district. There is not a required setback on interior sides.
Where landscape buffers are required, buildings must be setback at least the width of the required
buffer, regardless of the required setback.
The maximum building height in the C-N district is 35 feet; the highest peak of the proposed
convenience store structure is 28'7", which complies with this requirement. Additionally, per
UDC 11-4-3-20, the maximum height for overhead canopies or weather protection devices is 20
Maverik Locust Grove-McMillan CUP 1'aSe 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 3, 2008
feet; the proposed fuel canopy is 19' which complies with tlus 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. The pYOposed fuel islands
do not occupy moYe than 25% of the subject propeYty.
- The total height of any overhead canopy or weather protection device shall not exceed
twenty feet (20'). The pYOposed canopy height is 19 feet, which complies with this
requirement.
- Vehicle stacking lanes shall be available on the property but outside the fueli.ng areas.
Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons. Such stacking lanes shall be sepazate from azeas required for access and
parking. The stacking lanes shall not be located within ten feet (10') of any abutting
residential districts. The submitted site plan shows adequate stacking area on the site
outside of the fueling a~eas. No Yesidential uses oY districts abut the site.
- If the use is unattended, the standards in accord with Section 11-3A-11 of this Title shall
also apply. Not applicable (the use is attended)
Building Elevations: Building elevations for the proposed convenience store and fuel canopy
were submitted with this application and aze included in Exhibit A. Exterior materials for the
convenience store are proposed to be EFIS (Exterior Insulation and Finish System - i.e. synthetic
stucco) with stone veneer accents. The roof and awning aze proposed to be metal. Building
materials for the fuel canopy are proposed to be pre-fuushed metal trim with vinyl to match the
convenience store. The fuel canopy colutnns are proposed to be clad with aluminum and match
the color of the EIFS, and the bottoms will be accented with cultured stone veneer. Further, the
fuel canopy is proposed to consist of materials that coincide with those proposed on the
convenience store. The proposed building and fuel canopy shall be constructed in accordance
with the elevations shown in Eachibit A. Staff is generally supportive of the proposed elevations
with the conditions noted below under the Design Review section.
Access: Access for this site is proposed from one off-site access point to/from N. Locust Grove
Road and one off-site access point to/from E. McMillan Road across Lot 2, Block 1, of Woodland
Springs Subdivision No.l via a blanket cross-access easement depicted on the final plat. No
additional access points are proposed with this application and none are approved. Direct lot
access to N. Locust Grove Road and E. McMillan Road is prohibited. A blanket cross-access
easexnent is depicted on the final plat for all lots within the subdivision. Staff and ACHD are
supportive of the proposed off-site access points to the site.
Parldng: Per UDC 11-3C-6B, in commercial districts, one off-street parking space is required
per 500 square feet of gross floor area. Based on the total square footage of structures on the site
(4,377 s.f.), 9 parking stalls are required; 26 spaces are currently provided including 2 handicap
stalls (parking under the fuel canopy is not included). Additionally, per UDC 11-3C-6G, one
bicycle parl~ng space is required to be provided for every 25 vehicle spaces, or portion
thereof, in compliance with the standards listed in UDC 11-3C-5C. Per tlus requirement, a
minimum of 2 bicycle spaces are required to be provided on the site.
Site Plan: Staff has reviewed the site plans included in Exhibit A submitted with this application.
The following items should to be shown on a revised site plan submitted with the Certificate of
Zoning Compliance application: (Note: The scale on the plan labeled "AYChitectural Site plan "
Maverik Locust Grove-McMillan CUP PaSe g
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JLJLY 3, 2008
appeaYS to be a little off,• please co~ect the scale so that it matches the dimensions depicted on
the plan.)
• Per UDC 11-3C-6G, provide a riinimum of 2 bicycle pazking spaces on the site in
compliance with the standards listed in UDC 11-3C-SC.
~ An internal pedestrian pathway is required to be constructed at the northeast corner of the
convenience store northeast across the drive aisle as shown in Exhibit A.7 (per the
Development Agreement). Said pathway shall be distinguished from vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks.
• Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and
shall not be less tha.n 5 feet in any dimension, measure inside curbs. The planter along the
north boundary of the site adjacent to parking and sidewalk is less than S feet in width;
revise plan accoYdingly to comply with this requiYetnent.
Landscaping: Staff has reviewed the landscape plan, included as Exhibit A.4, 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; revise the plan to
coincide with the dimensions on the site plan per the requested modifications.)
• 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 planter^ along the
north boundary of the site adjacent to parking and sidewalk is less than S feet in width;
~evise plan accordingly to comply with this requirement.
• The three existing trees shown within the 30-foot wide irrigation easement shall be
relocated on the site if the easement holder does not allow trees within the easement.
• Provide street buffer landscaping within the buffers along Locust Grove Road and
McMillan Road in accordance with the landscape plan approved with the final plat
(prepared by Landmark Engineering & Planning, dated 1/30/08, stamped by Jed Wyatt on
4/24/08). In order to vary from the approved landscape plan, a final plat modificatio~a
application shall be submitted for approval by City Councdl for an amendment to the
approved landscape plan. (The applicant has submitted a final plat modification
application to the City that is scheduled to be heard by City Council on 7/8/08.)
Sidewalks: The architectural site plan depicts 5-foot wide sidewalks along N. Locust Grove Road
and E. McMillan Road. Per UDC 11-3A-17C, detached sidewalks shall be required along all
arterial streets. Staff recommends that minimum 5-foot wide detached sidewalks be constructed
along both Locust Grove and McMillan Roads in compliance with the standards listed in UDC
11-3A-17. Note: ACFID is planning to construct the sidewalk along McMillan on the south side
of the relocated Lemp Canal.
Internal Pedestrian Walkways: As a provision of the DA for this site, internal pedestrian
walkways shall be constructed as shown on the concept plan attached in Exhibit A.7, approved
with the plat (shown in Exhibit C of the DA). The concept plan depicts a pathway at the
northeast corner of the convenience store northeast across the drive aisle that is not shown
on the site plan; tlus pathway shall be shown on a revised site plan.
Multi-Use Pathway: Per the Meridian Pathways Master Plan, the City's multi-use pathway
system is not planned to cross this site. A portion of the pathway is planned along the south side
of McMillan Road, but has not yet been constructed.
Outdoor Seating: An outdoor seating area is depicted on the site plan that consists of a couple of
picnic tables covered by a trellis structure within a landscaped area to the north of the
Maverik Locust Crrove-McMillan CUP Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JLJLY 3, 2008
convenience store. This amenity was required as a provision of the DA. Staff is supportive of the
proposed outdoor seating area.
Fencing: An 8-foot tall solid vinyl fence is proposed along the southeast corner of the building to
screen the outdoor service and equipment area, in compliance with the standards listed in UDC
11-3A-12. Staff recommends this area be screened as proposed.
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 does not object to the proposed hours of operation.
HoweveY, the Commission should rely upon any public testimony provided to determine if the
proposed hours of operation will be compatible with neighboring Yesidential uses.
Ditches, Laterals, and Canals: There aze no ditches, laterals, or canals that cunently traverse
this site. However, a 30-foot wide Settler's irrigation easement is depicted on the site plan along
the south property boundary where the Lemp Canal is proposed to be relocated by ACHD from
the south side of McMillan Road. Per UDC 11-3A-6, all irrigation ditches, laterals or canals,
exclusive of natural waterways and waterways being used as amenities, which intersect, cross or
lie within the area being subdivided shall be covered. Note: Because ACFID is relocating the
Lemp Canal, a waiver is not requiYed to be obtained by the applicant from the City Council if it is
left uncovered; ACFID does not intend to covet~ it.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, a single-
point connection to the culinary water system shall be required. If a single-point connection is
utilized, the developer will be responsible for the payment of assessments for the common areas
prior to signature on the final plat by the City Engineer. An underground, pressurized 'urigation
system should be installed to a11 landscape areas per the approved specifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28.
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.
DESIGN REVIEW: Per the Development Agreement, a11 structures on the site aze subject to the
design review standards listed in UDC 11-3A-19C. This site is also subject to design standards
because it is located adjacent to McMillan Road, an entryway corridor. The applicant has applied
for Design Review approval of the proposed structures on the site with the subject CLTP
application.
The applicant shall comply with the design standards listed in UDC 11-3A-19C as follows:
1. Architectural Character:
a. Facades: Facades visible from a public street shall incorporate modulations in the
faqade, roof line recesses and projections along a minimum of twenty percent (20%)
of the length of the facade. The fa~ades of the c-store visible fYOm McMillan &
Locust Grove Roads have inodulation, roof line recesses, and pYOjections that meet
this requirement. However, the fa~ade of the fuel canopy does not comply with this
requirement; the applicant shall revise the elevations to comply with this
requirement, o~ ~elocate the canopy so it is not visible from a public stree~
b. Primary public entrance(s): The primary building entrance(s) shall be clearly
defined by the architectural design of the building. Windows, awnings, or arcades
Maverik Locust Grove-McMillan CUP Page
10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 3, 2008
shall total a minimum of thirty percent (30%) of the facade length facing a public
street. The pi^imary building entrance for the convenience store is defined by the
architectural design of the building and an awning oveY the entrance. The windows
and awnings shown on the west and south elevations exceed the requiYed 30% of the
fa~ade. This requirement does is not applicable to the fuel canopy.
c. Roof lines: Roof design shall demonsirate two or more of the following: a)
overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying
parapet heights; and e) cornices. The proposed Yoof design of the c-store incorporates
two roof planes, two parapet heights, and coYnices, which complies with this
requiYement. 7'he roof line proposed for the fuel canopy does not comply with this
~equirement; the applicant shall revise the elevations to closer correspond with the
design of the c store roof line.
d. Pattern variations: At least two (2) changes in one (1) or a combination of the
following shall be incorporated into the building design: color, texture and/ materials.
The building design of the convenience store incorporates 2 different colors of EFIS
(synthetic stucco) with stone veneer, which complies with this requirement. The
building design of the fuel canopy incoYporates pre-finished metal trim, alurrtinum
cladding around columns, and vinyl with cultured stone accents. A mix of colors is
pYOposed on the fuel canopy. The design of the c-store and fuel canopy complies with
this requirement.
e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall
be screened to the height of the unit as viewed from the property line. An 8 foot tall
fence is proposed to scYeen seYVice equipment at the southeast corner of the building.
All rooftop mechanical equipment shall be screened by the paYapet as requiYed. No
mechanical equipment is proposed on the roof of the fuel canopy.
2. Color and materials: Exterior building walls shall demonstrate the appearance of high-
quality materials of stone, brick, wood or other native materials. Acceptable materials
include tinted or textured masonry block, textured architectural coated concrete panels,
tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-
faced concrete block, tilt-up concrete panels, or prefabricated steel panels aze prohibited
except as accent materials. Exterior building materials for the c-store aYe proposed to be
two different colors of EFIS (Exterior Insulation and Finish System - i.e. synthetic
stucco) with stone veneer accents. The roof and awning aYe proposed to be metal, which
complies with this requirement. Building materials for the fuel canopy consist of pre-
finished metal trim to nzatch the roof/awning on the c-store, vinyl, and stone and
aluminum clad columns.. Several d ffeYent colors are proposed on the canopy. Staff
believes the colors and materials proposed for the c-store and fuel canopy comply with
this requirement.
3. Parl~ng Lots: No more than seventy percent (70%) of the off-street pazking area for the
structure shall be located between the front faqade of the structure and abutting streets,
unless the principal building(s) and/or parking is/are screened from view by other
structures, landscaping and/or berms. The parking shown on the site plan complies with
this requirement. (This requirement does is not applicable to the fuel canopy.)
4. Pedestrian walkways:
a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in
width shall be provided from the perimeter sidewalk to the main building entrance.
The walkway width shall be maintained clear of any outdoor sale displays, vending
Maverik Locust Grove-McMillan CUP Page
11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
machines, or temporary struchues. An 8 foot wide walkway is proposed from the
sidewalk along Locust Grove Road to the sidewalk leading to the main entrance of
the convenience store. An 8 foot wide walkway is not required (per the DA) fi~om the
sidewalk along McMillan to the main building entrance because ACFID proposes to
not cover the Lemp Canal.
b. The intemal pedestrian walkway shall be distinguished from the vehiculaz driving
surfaces through the use of pavers, colored or scored concrete, or bricks. The internal
pedestrian walkway that is proposed fYOm Locust Grove Road to the sidewalk leading
to the main building entrance should be constructed of decorative stamped concrete,
as proposed. The pathway required from the sidewalk along McMillan Road to the
main building entrance shall also be constructed of stamped concrete (unless the
Lemp Canal remains open, in which case a pathway is not required). (This
requirement does is not applicable to the fuel canopy.)
a Walkways at least eight feet (8') in width, shall be provided for any aisle length that
is greater than one-hundred fifty (150) parking spaces or two hundred feet (200')
away from the main building entrance. NA (This requirement does is not applicable
to the fuel canopy.)
d. The walkways shall have weather protection (including but not limited to an awning
or arcade) within twenty feet (20') of all customer entrances. The elevations show an
awning over the main building entrance, which complies with this requirement. (This
Yequirement does is not applicable to the fuel canopy.)
b. Staff Recommendation: Staff recommends approval of CUP-08-016 for a convenience store
and fuel sales facility, as presented in the Staff Report for the hearing date of July 3, 2008,
based on the Findings of Fact as listed in Ezhibit C and subject to the conditions of
approval listed in Ezhibit B. The Meridian Plannin~ & Zonin~ Commission heard this item
on Julv 3, and 17, 2008. At the uublic hearins on Julv 17, 2008 thev moved to aAUrove the
subiect CUP reauest.
11. EX~ITS
A. Drawings
1. Vicinity/Zoning Map
2. CiJP Site Plan (prepazed by Dixon + Associates, dated 4/9/08)
3. Architectural Site Plan (prepared by Dixon + Associates, dated 1/29/08)
4. Landscape Plan (prepared by Dixon + Associates, dated 1/29/08, labeled as Sheet L1.0)
S. Building Elevations
6. Fuel Canopy Elevation
7. Conceptual Site Plan Approved with the Preliminary Plat
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
Maverik Locust Grove-McMillan CUP Page
12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JLJLY 3, 2008
5. Parks Department
6. Sanitary Service Company
7. Ada County Higlnway District
C. Required Findings from the Unified Development Code
Maverik Locust Grove-McMillan CUP Page
13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
A. Drawings
1. Vicinity Map
Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JLJLY 3, 2008
2. Site Plan (prepared by Dixon + Associates, dated 4/9/08, labeled as Sheet CUP Site Plan)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~ HEARING DATE OF NLY 3, 2008
3. Architectural Site Plan (prepazed by Dixon + Associates, dated 1/29/08)
Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE I-~ARING DATE OF JiJLY 3, 2008
4. Landscape Plan (prepazed by Dixon + Associates, dated 1/29/08, labeled as Sheet L1.0)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~ HEARING DATE OF NLY 3, 2008
5. Building Elevations (prepared by Dixon + Associates, dated 1/25/08, labeled as Sheets A-2.1 and A-2.2)
Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 3, 2008
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Eachibit B Page 2
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site plans, attached as Exhibits A.2 and A.3, are approved, with the conditions listed herein.
The Applicant shall comply with all applicable conditions of approval associated with this site
(AZ-07-014 and Development Agreement Instrument No. 108022886, PP-07-019, and FP-08-
003). The applicant shall revise the site plan(s) as follows:
a. The scale on the plan labeled "Architectural Site plan" appears to be a little off; please correct
the scale so that it matches the dimensions depicted on the plan.
b. Per UDC 11-3C-6G, provide a minimum of 2 bicycle parking spaces on the site in
compliance with the standards listed in UDC 11-3GSC.
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 dimension, measure inside curbs. The planter along the
north boundary of the site adjacent to parking and sidewalk is less than S feet in width; revise
plan accordingly to cotnply with this requirement.
d. An internal pedestrian pathway is required to be constructed at the northeast comer of the
convenience store northeast across the drive aisle as shown in Exhibit A.7 (per the
Development Agreement). Said pathway shall be distinguished from vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks.
1.2 The landscape plan, attached as Ea~hibit A.4, is approved with the following modifications:
a. 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 planteY along the
north boundaYy of the site adjacent to parking and sidewalk is less than S feet in width; revise
plan accordingly to comply with this requiYement.
b. The three existing trees shown within the 30-foot wide irrigation easement shall be relocated
on the site if the easement holder does not allow trees within the easement.
c. Provide street buffer landscaping within the buffers along Locust Grove Road and McMillan
Road in accorda.nce with the landscape pla.n approved with the final plat (prepared by
Landmark Engineering & Planning, dated 1/30/08, stamped by Jed Wyatt on 4/24/08). In
or^der to vary ff-om the appYOVed landscape plan, a final plat modification application shall be
subsnitted for approval by City Council for an ainendment to the approved landscape plan.
(The applicant has submitted a final plat nzodification application to the City that is
scheduled to be heard by City Council on 7/8/08.)
1.3 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 feet).
b. Vehicle stacking lanes shall be available on the property but outside the fueling areas, 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.
1.4 Building elevations for the convenience store shall comply with the elevations shown in Exhibit
A.S. The building elevations for the fuel canopy shall be revised per the conditions noted in #1.7
below.
Eachibit B Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
1.5 Minimum 5-foot wide detached sidewalk shall be constructed along both Locust Grove and
McMillan Roads in compliance with the standards listed in UDC 11-3A-17.
1.6 An 8-foot tall solid vinyl fence shall be constructed around the outdoor service and equipment
area at the southeast corner of the building as proposed, in accordance with the standards listed in
UDC 11-3A-12 for outdoor equipment and service areas.
1.7 The applicant's request for Design Review (DES-08-020) approval of the proposed structures and
site is approved with the following modifications to the fuel canopy elevations:
a. Facades visible from a public street sha11 incorporate modulations in the fagade, roof line
recesses and projections along a minimum of twenty percent (20%) of the length of the
facade. Revise the fuel canopy elevations to comply with this requirement.
b. Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped
roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. Roof design
of the fuel canopy shall be revised to more closely coincide with the convenience store Yoof
line.
1.8 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that
comply with the site plan, building elevations, and conditions of approval listed herein, prior to
issuance of building permits.
1.9 Direct lot access to N. Locust Grove Road and E. McMillan Road is prohibited. The final plat,
which notes that all lots within the subdivision are subject to a blanket cross-access easement for
ingress/egress and parking, shall be recorded prior to occupancy of the proposed structure. Or, a
separate blanket cross-access agreement for ingress/egress and parking shall be recorded for all
lots within the subdivision.
1.10 Unless modified by the Commission, business hours of operation are not limited for this use on
this site.
1.11 A car wash facility shall not be allowed on this site, per the Development Agreement.
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 imgation). A bid must
accompany any request for temporary occupancy.
1.13 No new signs are approved with this CUP application. All business signs require a sepazate sign
permit in compliance with the sign ordina.nce (LTDC 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.
1.15 The hours of operaNon of the convenience store and fuel sales facilitv shall be restricted to
the hours between 6 am and 11 nm. 7 davs a week.
1.16 A tvae 1 vapor recoverv svstem shall be installed at the fuel facilitv.
1.17 The applicant shall work with ACHD to obtain a license a~reement to install landscauing
and irrieation surinklers on the propertv south of the detached sidewalk alon~ McMillan
Road to the edse of the future back of the curb. Auplicant shall also be resuonsible for
maintainins this area.
Exhibit B Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
1.18 The apAlicant shall submit a road trust to Ada Countv Hi~hwav District for the cost of a
minimum five foot wide detached sidewalk along McMillan Road once that road has
redeveloped.
2. PUBLIC WORK5 DEPARTMENT
2.1 Sanitary sewer Main is to be installed with the Woodland Springs Subdivision. Services will need
to be installed to the new building at the developer's expense.
2.2 Water Main is to be installed with the woodland Springs 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-rou.nd
source of water (MCC 12-13-83). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common azeas 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
(208)898-5500 for inspections of disconnection of services. Wells may be 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 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
2.6 A letter of credit or cash surety in the amount of 110% will be required for a11 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 development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior 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
AC~-ID. 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 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.
Exhibit B Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4%z" outlet face the main street or pazking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydra.nt markers sha11 be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4%z" outlets.
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 sl~all have a turning radius of 28' inside and 48' outside
radius.
3.4 Operational fire hydrants, temporary ar permanent street signs and access roads with an all weather
surface aze required before combustible construction is brought on site.
3.5 Commercial and office occupancies will require a fire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the Intemational Fire Code.
3.7 Where a portion of the facility or building hereafter constructed or moved into or 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 around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
9033.1.2 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 The Police Department has no concems related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns with the site design as submitted with the application.
6. SANITARY SERVICES COMPANY .
6.1 No comments were submitted by SSC for this application.
7. ADA COUNTY HIGHWAY DISTRICT
ACHD submitted a letter to the City stating that this application is subject to the conditions of
approval of Woodland Sp~ings Subdivision as follows:
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 41-feet of right-of-way from the centerline of McMillan Road abutting the parcel. The
right-of-way purchase and sale agreement and deed must be completed and signed by the
Exhibit B Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building pernut (or other required permits), whichever occurs first. Allow up to 30
business days to process the right-of-way dedication after receipt of all requested material. The
District will purchase the right-of-way which is in addition to existing right-of-way from
available Corridor Preservation Funds.
7.1.2 Provide the District with a 30-foot canal easement, as proposed for the future relocation of the
Lemp Canal to the north side of McMillan Road abutting the entire site.
7.1.3 Provide the District with a road trust in the amount of $11,375 for the future construction of the
sidewalk abutting the site on McMillan Road with the District's intersection improvement
project.
7.1.4 Dedicate 35-feet of right-of-way from the centerline of Locust Grove Road abutting the pazcel.
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 permits), 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.
7.1.5 Construct a 5-foot detached concrete sidewalk a minimum of 28-feet from the centerline of the
Locust Grove Road abutting the site. Provide an easement for any segment of the sidewalk
located outside of the right-of-way.
7.1.6 Complete Beethoven Avenue as a 36-foot street section (measured back of existing curb to back
of new curb) and construct curb, gutter and 5-foot attached concrete sidewalk within 50-feet of
right-of-way.
7.1.7 Constntct one full access driveway to intersect Locust Grove Road approximately 360-feet north
of McMillan 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. The driveway is restricted to a maximum width of 36-feet.
7.1.8 Constxuct one full access driveway to intersect Beethoven Avenue approximately 74-feet north of
McMillan 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 radu
abutting the elcisting roadway edge. The driveway is restricted to a maximum width of 36-feet.
7.1.9 Other than the access specifically approved with this application, direct lot access is prohibited to
McMillan Road and Locust Grove Road shall be noted on the final plat.
7.1.10 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 Private sewer or water systems are prohibited from being located within any AC~ID 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 any 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.
Exhibit B Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's 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 Ida.ho shall prepaze and certify all improvement plans.
7.2.8 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.
7.2.9 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.
7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact 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 AC~ID shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-511-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD 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 terms and conditions of this approval shall be valid unless they aze 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, ordi.nances, 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 requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is souglnt.
Exhibit C Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 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.
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-N zoning district.
Staff recommends the Commission rely on StafFs analysis and any oral or written public
testimony provided when determining 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 tlus
property is Mixed Use - Neighborhood. The property is currently zoned C-N, which compli~
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 e~sting or intended character of the general
vicinity and that such use 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 Development Agreement and previous conditions of approval for this site, the operation of the
proposed use should be compatible with other uses in the general neighborhood and with the
eacisting 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 lughways, streets, schools, parks, police and fire protecNon, 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 ezcessive 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.
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 ezcessive production of traffic, noise, smoke, fumes, glare, or odors.
Exhibit C Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 3, 2008
The Commission recognizes that traff'ic and noise is a concem; 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. 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.
1'he Commission fmds 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.
E~chibit C Page 4