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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Conditional Use Permit for a Drive Through Establishment in a C-G Zone
within 300 feet of Another Drive Through Establishment, per Requirement of UDC 11-4-
3.11, by White Leasure Development Company.
Case No(s). CUP-08-021
For the Planning and Zoning Commission Hearing Date of: August 21, 2008 (Findings on
September 4, 2008 agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2008
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 21, 2008
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
21, 2008 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August 21, 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-O8-021
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
Deparirnent and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of August 21, 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 6/26/08, is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of August 21, 2008 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (1 S) 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 pernuts and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord witYi 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-021
Page 2
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.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of August 21, 2008
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-021
Page 3
By action of the Planning & Zoning Commission at its regular
meeting held on the day of ,
2008.
COMMISSIONER DAVID MOE VOTED
(Chair)
COMMISSIONER MICHAEL ROHM VOTED
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 Department 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-08-021
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
STAFF REPORT Hearing Date: August 21, 2008
TO: Planning & Zoning Commission
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: Medina Drive Through
• CUP-OS-021
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Conditional Use Permit for a drive through establishment in a C-G zone
within 300 feet of another drive through establishment, per requirement of
UDC 11-4-3.11
1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, White Leasure Development Co., is requesting Conditional Use Permit (CUP)
approval for a drive through establishment within 300 feet of another drive through establishment, as
required by UDC 11-4-3.11. The property is located on the south side of Overland Road, just west of
Meridian Road at 1653 S. Meridian Road. The site, Lot 2, Block 1 in Medina Subdivision, is
currently zoned C-G and consists of 1.08 acres.
Unified Development Code (UDC) 11-4-3-11 requires CLTP approval for drive through facilities that
are within 300 feet of another drive-througla facility. Furthermore, the DA governing the site requires
CUP approval prior to any development on the site. There is an existing Walgreens' drive through
pharmacy within 300 feet of the proposed drive through.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP application below. Staff recommends
approval of CUP-08-021 for Medina drive through, as presented in the 5taff Report for the
hearing date of August 21, 2008, based on the Findings of Fact as listed in Ezhibit C and subject
to the conditions listed in Ezhibit B. The Meridian PlanninS and Zoning Commission heard
this item on Ausust 21. 2008. At the nublic hearin~, the Commission moved to apnrove CUP-
08-021.
a. Summarv of Commission Public Hearin~:
i. In favor: Jeff Huber
ii. ITl Opposition: None
iii. Commentin •.~ None
iv. Written testimony: None
v. Staff presenting aunlication: Bill Parsons
vi. Other staff commentin~ avnlication: None
b. Kev Issues of Discussion bv Commission:
i. The Commission recommended the applicant contact SSC to address the
modification of the trash enclosure on the site.
c. Kev Commission Chan~es 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-
021, as presented in the staff report for the hearing date of August 21, 2008, with the following
modifications to the conditions of approval: (add any proposed modifications). I further move to
Medina Drive Through CUP-08-021 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
direct Staff to prepare an appropriate fmdings document to be considered at the next Pla.nning and
Zoning Commission hearing on September 4, 2008.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-08-
021, as presented during the hearing on August 21, 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 September 4, 2008.
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CiJP-
08-021 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 at 1653 S. Meridian Road.
Northeast '/a of Section 24, Township 3 North, Range 1 West
b. Owner:
Bill Howell.
427 White Cloud
Boise, Ida.ho 83702
c. Applicant/Contact:
White Leasure Development Company
416 S. 8~' Street
Boise, Idaho 83702
d. Representative: Jim Marsh, CSHQA
e. Present Zoning District: C-G (General Retail and Service Commercial)
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request: The Applicant is requesting CUP approval for a drive
through establishment within 300 feet of another drive through establishment. Furthermore the
subj ect DA requires CUP approval for any development on the site.
h. Description of Applicant's Justification for CLTI' Approval: "The project consists of a 7,800
square foot multi-tenant retail building with associated drive through. The site is currently a
vacant tract of land, consisting mainly of 1.08 acres of bare dirt. Street landscape frontage
improvements have been constructed during construction of the adjacent property. Access to the
site will utilize the existing curb cut access points off of Overland Road. Building materials
consist of culture limestone accents to match the adjacent Walgreens, clear glass storefront, metal
canopies and awnings painted green to match the Walgreens and stucco in complementary earth
tones. We believe our submittal meets the criteria and submittal requirements for Conditional Use
Permit approval." See applicant's narrative for more information.
5. PROCESS FACTS
Medina Drive Through CUP-08-021 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
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. Newspaper notifications published on: August 4, and 18, 2008
c. Radius notices mailed to properties within 300 feet on: July 25, 2008
d. Applicant posted notice on site by: August 11, 2008
6. LAND USE
a. Existing Land Use(s): Vacant lot within the Medina Subdivision.
b. Description of Character of Surrounding Area: The general area surrounding the proposed drive-
through consists of commercial uses with residential subdivision to the south of the subject site.
c. Adjacent Land Use and Zoning
1. North: Commercial Subdivisions (Interstate and Sandman No. 2), zoned C-G
2. East: Walgreens and Southern Springs Subdivision, zoned C-G
3. South: Vacant Commercial Land and Elk Run Subdivision, zoned C-G and R-8
4. West: Lowe's Home Improvement Store, zoned C-G
d. History of Previous Actions Pertaining to this Site: The subject site was annexed and zoned (AZ-
04-031) in 2004. A Development Agreement (instrument # 105134293) was required at the time
of annexation to govem the site which requires CUP approval for any development within the
annexed area. The Walgreens adjacent to this site was approved by conditional use permit (CUP-
06-015) in 2006. On June 6, 2006 the Meridian City Council approved VAR-OS-027 by allowing
one right-in/right-out only driveway to Meridian Road for this property. In addition, a preliminary
plat and final plat (PP-07-003 and FP-07-013) was approved in 2007 for 6 commercial lots.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Mains were previously installed with the plated Medina Subdivision.
Location of water:, Mains were previously installed with the plated Medina Subdivision.
Issues or concerns: None
2. Vegetation: There is existing landscaping on the site. No landscaping is proposed to be
removed with this application.
3. Floodplain: NA
4. Canals/Ditches Irrigation: N/A
5. Hazards: No hazards aze known to elcist on the site.
6. Existing Zoning: GG
7. Lot Size: 1.08 acres
f. Conditional Use Infortnation:
1. Non-residential square footage: 7,800 square foot multi-tenant buildi.ng with drive through
g. Off-Street Parking: 1 per S00 square feet of gross floor area
1. Parking spaces required: 16
Medina Drive Through CUP-08-021 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 200~
2. Parking spaces provided: 20
3. Compact spaces proposed: 0
h. Landscaping
1. Width of street buffer(s): N/A
2. Width of buffer(s) between land uses: N/A (There are no residential uses that abut this site.)
3. Parking Lot Landscaping: Perimeter and internal parking lot landscaping is required upon
development of the site in accordance with the standards listed in UDC 11-3B-8C.
i. Required dimensional standards for the C-G zone, per UDC 11-2B-3:
DIMENSIONAL STANDARDS' C-G
Front se~ack in f~t 0
Rear setback in f~t 0
Interior side setback in feet 0
Str~t landsca buffer in fe~t
Local 10
Collector 20
Arterial 25
En a comdor 35
Interstate 50
Landscape buffer to residential uses
in feet "* 25 [see note below]
Maximum buildin hei ht in feet 65
Ma~dmum building size without
design standard approval as set
forth in 11-3A 3 in s uare feet 200,OOD
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 se#backs shall be measured from the ultimate right-of-way for the street classification as shown
on the adopted Transportation Plan.
**minimum setback only allowed with reuse of existing residential structure.
**''Where the adjacent property is vacant, the Director shall determine the adjacent property
desi nation based on the Com rehensive Plan desi nation.
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The subject
site does not have direct lot access to Overland Road and none is proposed with this application.
A right-in/right-out access approximately 255 feet from the Overland and Meridian intersection
provides arterial access for this site. In addition, a shared full access driveway is provided at the
east property line of the Lowes site via a cross access easement.
7. COMNIENTS MEETING
On August 1, 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, Meridian Police Department, and the Sanitary Services Company. Staff has
included comments, conditions, and recommended actions in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as
"Commercial." In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to
Medina Drive Through CUP-08-021 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
provide a fu11 range of commercial and retail to serve area residents and visitors. Uses may include
retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses
such as government offices. Staff fmds that the request generally conforms to this stated purpose and
intent of the commercial designation within the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis below policy in italics):
• Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Obj ective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Merzdian plans to provide municipal ses~vices to the lands in the
following manneY:
- Sanitary seweY and water sen~ice is extended to the project.
- The subject lands cun•ently lie within the jurisdiction of the Meridian City FiYe
Depa~tment, who cun~ently shares resource and personnel with the Meridian Rural Fire
Department.
- The subject land is set^viced by the Meridian Police Depas~tment (MPD).
- The roadways adjacent to the subject lands are cu~ently owned and maintained by the
Ada County Highway District (ACl~). This seYVice will not change.
- The subject lands are curr~ently seYViced by the Meridian School District #2. This senrice
will not change.
- The subject lands are cu~ently serviced by the Meridian LibraYy Dist~ict. This sen~ice
will not change and the Meridian Library District should suffeY no Yevenue loss.
Municipal, fee-supported, sefvices will be pYOVided to this site by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water Department, the
Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility
Billing Services, and Sanitary Services Company.
•"Restrict curb cuts and access points on collectors and arterial streets" (Chapter VII, Goal
IV, Obj ective D, Action item 2)
No new access points are proposed or appYOVed with this application. The proposed multi-
tenant building will be accessed intemally within the site via the existing access points,fYOm
Overland Road and Me~idian Road.
"Plan for a variety of commercial and retail opportunities within the Impact Area."
(Chapter VII, Goal 1, Objective B)
Staff believes that the proposed multi-tenant building with ancillary drive through will
contribute to the variety of comtnercial uses in the general vicinity and will be a
convenience for residents of the community.
• Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action 5)
The applicant is requiYed to install and maintain landscaping on the site in accordance with
UDC 11-3B. A landscape plan was previously app~oved by the Planning Department with the
Final Plat (FP-07-013) application for Medina Subdivision for the 25 foot street buffer
landscaping along Overland Road that abuts this site on the north. Internal parking lot
landscaping is proposed on the landscape plan submitted with this application foY this site.
All landscaping installed on the site shall comply with the approved landscape plan and UDC
Medina Drive Through CUP-08-021 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
11-3B and shall be maintained. These standards will be enfoYCed thYOUgh the CZC review
pr^ocess.
Staff believes that the proposed use is consistent with the Comprehensive Pdan and is compatible
with the existing and future surrounding uses. Staff recommends that the Commission rely on any
verbal or written testimony that may be provided at the public hearing when determining if the
applicant's request is appropriate for this prope~.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and
conditional uses in the C-G zoning district. Drive through establishments require conditional use
approval in the C-G zoning district if proposed within 300 feet of another drive through facility,
residential district, or elcisting residence. Additionally, the applicant must comply with the
specific use standards listed in UDC 11-4-3-11 for drive through establishments.
b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses
which are customarily operated or almost entirely within a building; to provide for a review of the
impact of proposed commercial uses which are auto and service oriented and are located in close
proximity to major highway or arterial streets; to fulfill the need of travel-related services, as well
as retail sales for the transient and permanent motoring public.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CLTP
request as proposed, with the following comments:
CUP Application: The applicant is proposing to constntct a 7,800 square foot multi-tenant
building with associated drive through on the subject site. At this time, tenants have not been
identified for the proposed building. It is important to note tlus is proposed as a multi-tenant
building and staff believes the spaces should be leased to multiple tenants. Staff encourages the
applicant provide a diversity of uses within the proposed building and not create a single use
building on the site.
The DA that governs the site requires CUP approval prior to development on this site. In addition,
UDC 11-4-3-11 requires a CUP when a drive through establishment is within 300 feet of another
drive though establishment. In this case the Walgreens' pharmacy is adjacent to the subject site.
In compliance with the aforementioned DA and UDC requirements, the applicant has submitted
CLTP application for the proposed building/development.
Drive Through Establishment: Per UDC 11-4-3-11, Specific Use Standards apply to the
proposed drive-through use of the property as follows:
- All establishments providing drive through service shall identify the stacking lane,
speaker location, and window location on the plans submitted with the Certificate of
Zoning Compliance application. The applicant has shown these items on the submitted
site plan. Staff is supportive of the location as proposed by the applicant.
- Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons; Staff believes the applicant has provided enough stacking lane length not
to impede public Yight-of-way by patrons.
- The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking; There is a sepaYate lane proposed for the dr~ive-thYOUgh; thus d~erentiating
between the ciYCUlation lanes between access and parking.
Medina Drive Through CUP-O8-021 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
- The stacking lane shall not be located within ten feet (10') of any residential district or
existing residence; NA (The proposed stacking lane is not within 10' of a Yesidential
district or residence.)
- Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane; and, The stacking lane proposed for the site exceeds the 100 foot
requirement. However, an escape lane has been provided at the south side of the
proposed building to comply with this requiYement.
- A letter from the Transportation Authority indicating the site plan is in compliance with
the authority's standards and policies shall be required. The applicant shall comply with
this requirement if covered unde~ the Transportation Authority's (ACI-ID) jutzsdiction.
See comments and conditions fi~om ACFID in Exhibit B.
Building Elevations: Building elevations (prepared by CSHQA, dated 6/26/08, labeled as Sheet
A4.1) that depict the proposed multi-tenant building with the drive through were submitted with
this application and are included as Exhibit A. The overall theme of the building is to demonstrate
lugh quality building materials and will use the same or similar materials as the Walgreens east of
this site. The building materials proposed for the building include stucco, with limestone accents,
substantial storefront glazing, and a combination of steel canopies and standing seam metal
awnings to accent the entrances into the tenant spaces. Staff is supportive of the proposed
elevations and is not recommending any changes to them.
Access: As mentioned earlier, direct lot access to Overland Road is not proposed with this
application. The applicant is proposing to use two eacisting drive ways; one was approved on the
Lowe's site and is subject to a cross access agreement with the Medina Subdivision and the other
is approximately 255 feet from the intersection of Meridian and Overland Roads and provides a
right-in/right-out only access approved with the Medina Subdivision. Further, there is an existing
access to Meridian Road, across other lots in Medina to the east. Staff is supportive of the access
to this site.
Parldng: Per UDC 11-3C-6, one vehicle parking space per 500 square feet of gross floor azea is
required in commercial districts. The proposed building consists of 7,800 square feet; thus, 16
parking spaces are required. The applicant is proposing 20 parking spaces on the site which
complies with this requirement. However, the standa.rd stall dimensions of a pazking stall per the
UDC is 9' X 19'. Because of the rolled curbing adjacent to the nine parldng stalls (cluster of
4 and 5) south of the north drive aisle; the end stalls scale at 7 feet. Staff believes there is
sufficient room to increase theses parlang stalls to comply with the UDC stall dimensions.
NOTE: There are other, shared parking stalls to the north of this site for any overflow parking
that may be needed.
Also, per UDC 11-3C-6, one bicycle parking space shall be provided for every 25 vehicle pazking
spaces. On the submitted site plan, the applicant has provided a bike rack on the site.
Site Plan: Staff has reviewed the site plan (prepared by CSHQA, dated 6/26/08, labeled as
Sheet A1.3), included as Ezhibit A, submitted with this application. Sanitary Service
Company would like the applicant contact them to discuss the trash enclosure on the site.
At the public hearing the applicant should testify if a revised site plan is necessary based on
the conversation with SSC. If it is a significant change, the Commission should determine if
they would want to continue the project to see a revised site plan.
Pedestrian Access: The applicant has provided a pedestrian connection from the sidewalk
adjacent to Overland through the landscape buffer, across both drive aisles to the front sidewalk
of the proposed building to link pedestrian traffic with this development. Staff had concerns with
pedestrian safety from the overflow parking stalls adjacent to the 25 foot wide landscape buffer
Medina Drive Through CUP-08-021 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
fronting Overland Road. Staff believes this designated pedestrian access way should help
facilitate safe pedestrian movement from Overland Road to the front door.
The following items should to be shown on a revised site plan submitted with the Certificate of
Zoning Compliance application:
- The four stalls associated with the nine parking stalls east of the trash enclosure shall
measure 9' X 17'.
Landscaping: The applicant has submitted a landscape plan prepared on June 26, 2008 by
CSHQA, labeled as Sheet L1.0. The street buffer landscaping along Overland Road and the
overflow parking was reviewed and approved with the final plat for Medina Subdivision. Staff
has reviewed the internal parking lot landscaping depicted on the landscape plan and found it
substantially complies with the landscaping requirements in UDC 11-3B-8. Therefore, staff is
supportive of the landscape plan, as proposed.
Hours of Operation: The applicant has not provided any hours of operation for the proposed
building on the site. Staff has reviewed the Walgreen's CUP conditions of approval and that site
has no limited hours of operation either. Staff has contacted the applicant and at this time no
tenants are slated to occupy the building. It is quite possible a coffee shop, bakery, or sandwich
shop may locate in this building. Based on theses types of uses, staff feels limiting the hours of
operation may impede the operating hours of these businesses. In addition, this site is a
substantial distance from the adjoining residential subdivision to the south of this site and staff
believes any future uses whether they are 24 hour or not should have a minixnal impact to the
residential uses in the area. Therefore, staff is not recomxnending any restrictions for hours of
operation for the proposed building.
Certific~te of Zoning Compliance (CZC): A CZC application is required to be submitted, prior
to issuance of building permits, for the proposed drive through use. The site plan submitted with
the CZC shall be revised to comply with the conditions of approval listed in Exhibit B of this
report. Said CZC application shall be submitted prior to construction and/or establishment of any
new use on this site. All improvements must be installed prior to occupancy.
b.Staff Recommendation: Staff recommends approval of CUP-08-021 for Medina drive through, as
presented in the Staff Report for the hearing date of August 21, 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~ and Zonin~ Commission heard tlus item on Au~ust 21, 2008. At the nublic hearin~, the
Commission moved to aunrove CUP-08-021.
11. EI~~ITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan (dated: June 26, 2008)
3. Landscape Plan (dated: June 26, 2008)
4. Building Elevations (dated: June 2~6, 2008)
B. Conditions of Approval
1. Planning Department
Medina Drive Through CUP-OS-O21 Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from the Unified Development Code
A. Drawings
1. Vicuuty/Zoning Map
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Me~ina Drive Through CLJP-08-021 Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~ HEARING DATE OF AUGUST 21, 2008
2. Site Plan
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~ HEARING DATE OF AUGUST 21, 2008
3. Landscape Plan
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
4. Building Elevations
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E~chibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site plan, prepared by CSHQA, dated 6/26/08, labeled as Sheet A1.3, is approved, with the
conditions listed herein. The Applicant shall comply with all applicable conditions of approval
associated with this site. The applicant sha11 revise the site plan as follows:
a. The four stalls associated with the nine parking stalls east of the trash enclosure shall
measure 9' X 17'.
1.2 The Landscape Plan, labeled Sheet L1.0, prepared by CSHQA, dated June 26, 2008; is approved
with no modifications from the Planning department.
1.3 Building elevations for the multi-tenant building shall comply with the elevations shown in
Exhibit A and with the conditions noted in this report.
1.4 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that
comply with the conditions of approval listed herein, prior to issuance of buildi.ng permits.
1.5 No new access points to Overland Road are approved with this application.
1.6 All required improvements must be complete prior to obtaini.ng 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.
1.7 No new signs are approved with this CUP application. All business signs require a separate sign
permit in compliance with the sign ordinance (iJDC 11-3D).
1.8 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.
1.9 Staff's failure to cite specific ordinance provisions or terms of approval of the Medina Subdivision
does not relieve the applicant of responsibility for compliance. The applicant shall comply with all
prior conditions of approval for this site. All future uses on this site shall be approved through the
Conditional Use Permit process.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains from W
Overland Road that were previously installed with the plated Medina Subdivision.
2.2 Water service to this site is being proposed via extension of mains from W Overland Road that
were previously installed with the plated Medina Subdivision.
2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water 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.
2.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI-~ HEARING DATE OF AUGUST 21, 2008
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to the issuance of an occupancy permit.
2.5 Any existing domestic well system within this proj ect 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.
2.6 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.
2.7 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, prior to the issuance
of an occupancy pemut.
2.9 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.
2.10 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.12 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.13 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered bac~ll, where footing would sit atop fill material.
2.14 The engineer shall be required to certify that the street centerline elevations aze set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the footings is at least 1-foot above.
2.15 The applicants design engineer sha11 certify that a11 seepage beds out of the public right- of-way
are installed in accordance with the approved design plans. This certification must be received by
the City of Meridian Public Works Department prior to the project receiving final approval
2.16 At the completion of the proj ect, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any struchues within the
proj ect.
3. FIRE DEPART'MENT
3.1 Acceptance of the water supply for fire prot~tion 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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
a. Fire Hydrants shall 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.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants sha11 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 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 eacisting 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, temporary or permanent street signs and access roads with an all weather
surface are 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 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 appazatus 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
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement sha11 be 600 feet
(183 m).
3.7 There shall be a fire hydrant within 100' of a11 fire department connections.
3.8 Based on occupancy classification, the building may be required to be fire sprinklered.
3.9 Additional fire hydrants will be required for the building size.
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 has no concerns with the site design as submitted with the application.
6. SANITARY SERVICES COMPANY
6.1 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal prior to the
public hearing. There is a concem that the required modifications may significantly impact your
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
site design and may require a revised site plan. If the site plan is revised, contact the planner
assigned to the project immediately to discuss the changes and how to proceed with the revised
site plan.
6.2 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 The applicant shall comply with all previous conditions of approval for this site.
8. CENTRAL DISTRICT HEALTH DEPARTMENT
8.1 Central District Health will require plans be submitted for a plan review for any: food
establishments, grocery store, beverage establishxnent and child care center
E~ibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
C. Required Conditional Use Pernut Findings from UDC
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The Commission finds that the existing site is large enough to accommodate the proposed use and
comply with the dimensional and development regulations of the C-G zoning district if the
applicant complies with the conditions of approval in Exhibit B.
Staff recommends the Commission rely on Staff's 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 this
property is Commercial. The properiy is currently zoned C-G, which complies with this
designation. The proposed use is generally harmonious with the requirements of the UDC (See
Sections 8 and 10 above for more information regarding the requirements for this use).
3. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the 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 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. The
Commission should rely upon any public testimony provided to determine if the development
will be compatible with other uses in the vicinity.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
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 determine 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 fmds 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.
Exhibit C
CITY O~' MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of ezcessive 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 welfaze of the public as there are no neazby residents. The
Commission does not anticipate the proposed use will create excessive noise, smoke, fumes,
glare, or odors.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic,
or lustoric feature considered to be of major importance.
The Commission fmds 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
Commission fmds that the proposed use will not result in the destruction, loss or damage of any
natural, scenic, or historic feature of major importance.
Eachibit C