HomeMy WebLinkAboutShops at Victory CUP 08-011CITY OF MERIDIAN ~~~1~1 E IDIAN~--
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND I ~ a ~ a
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 4.79 Acres from RUT (Ada
County) to C-C (Community Business District); Preliminary Plat for 3 Commercial
Building Lots on 3.68 Acres; Conditional Use Permit for aDrive-Through Pharmacy in a
proposed C-C Zoning District within 300 Feet of an Existing Residence; and Alternative
Compliance is Requested for a Reduced Buffer Width in Certain Areas Adjacent to the
Existing Residential Use along the Southern Property Boundary, by LDR-IUDMG, LLC.
Case No(s). AZ-08-007; PP-08-006; CUP-08-011; ALT-O8-012
For the City Council Hearing Date of: August 26, 2008 (Findings on the September 9, 2008
City Council agenda)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of August 26, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 26, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
26, 2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August 26, 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 (LC. §67-6503).
2. The Meridian City Council 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-08-007; PP-OS-006; CUP-08-0ll; ALT-OS-012
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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.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and
Conditions of Approval in the attached Staff Report for the hearing date of August 26,
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 City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's Annexation and Zoning request as evidenced by having submitted the
legal description and exhibit map, stamped and dated Mazch 17, 2008 by Aazon
Ballard, PLS, is hereby conditionally approved;
2. A Development Agreement is required with approval of the subject Annexation &
Zoning application and shall include the provisions noted in the attached Staff Report
for the hearing date of August 26, 2008, incorporated by reference.
The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat, dated 4/24/08, is hereby conditionally approved;
4. The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan,
dated 4/24/08, is hereby conditionally approved;
5. The applicant's request for Alternative Compliance is hereby approved; and,
6. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of August 26, 2008, incorporated by reference.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-08-007; PP-O8-006; CUP-08-01 I; ALT-OS-012
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D. Notice of Applicable Time Limits
Notice of Preliminazy Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to obtain the city
engineer's signature on the final plat within two (2) yeazs of the approval of the
preliminary plat or one (1) yeaz of the combined preliminary and final plat or short plat.
In the event that the development of the preliminary plat is made in successive phases
in an orderly and reasonable manner, and conforms substantially to the approved
preliminary plat, such segments, if submitted within successive intervals of eighteen
(18) months, may be considered for final approval without resubmission for
preliminary plat approval. Upon written request and filed by the applicant prior to the
termination of the period in accord with 11-6B-7.A, the Director may authorize a single
extension of time to record the final plat not to exceed eighteen (18) months. Additional
time extensions up to eighteen (18) months as determined and approved by the City
Council maybe granted. With all extensions, the Director or City Council may require
the preliminary plat, combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11. If the above timetable is not met
and the applicant does not receive a time extension, the property shall be required to go
through the platting procedure again.
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) yeaz interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (] 8) months as determined and approved by the
Commission maybe granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title I1.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-08-007; PP-OS-006; CUP-08-01 l; ALT-08-012
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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 maybe 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 26, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OR-007; PP-08-006; CUP-OS-011; ALT-OS-012
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By ction of the City Council at its regulaz meeting held on the / day of
2008.
COUNCIL MEMBER DAVID ZAREMBA VOTED~~-
COUNCIL MEMBER CHARLIE ROUNTREE VOTED (i(~A_
COUNCIL MEMBER KEITH BIRD VOTED I/~,0~-
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayyor Tammy d eerd
`~ p¢ R~t;Igjp~9~,, ,
Attest: ~ (j ~~µPOR,~p~p ti ~~
~- ~ .SEAL
Jaycee lman, City Clerk . c~, ,~~
,% q ~
'I'p ~'sr tsz • P ~;
Copy served upon Applicant, The~~''1~1x}~jl}$~J3e~artment, Public Works Department and City
Attorney.
By: ~~G-~~ia-;>`--. ~~t~v'YICI-girl Dated: ~ _ ~ ~ ~- C~ (~
City Cler s Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-08-009; PP-O8-006; CUP-O8-Ol l; ALT-OS-012
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2005
STAFF REPORT Hearing Date: August 26, 2008 (~i,~E IDIAN~--
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner ~ D Q B O
208-884-5533
SUBJECT: Shops at Victory
• AZ-08-007
Annexation and Zoning of 4.79 acres from RUT (Ada County) to C-C
(Community Business District)
• PP-08-006
.Preliminary Plat for 3 commercial building lots on 3.68 acres
• CUP-08-011
Conditional Use Permit for adrive-through pharmacy in a proposed C-C
zoning district within 300 feet of an existing residence
• ALT-08-012
Alternative Compliance is requested for a reduced buffer width in certain
areas adjacent to the existing residential use along the southern property
boundary
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, LDR-IUDMG, LLC, has applied for Annexation and Zoning (AZ) approval of 4.79
acres of land from the RUT zoning district in Ada County to the C-C (Community Business District)
zoning district. Preliminary Plat (PP) approval is also requested for 3 commercial building lots on
3.68 acres of land. Alternative Compliance (ALT) is requested for a reduced buffer width in certain
aeeas adjacent to the residential use along the southern property boundary. Lastly, a Conditional Use
Permit (CUP) is requested for approval of adrive-through pharmacy in a proposed C-C zoning
district within 300 feet of an existing residence. See Section 10 of the staff report for more
information.
The proposed development is planned to include neighborhood commercial retail uses such as a
drug store, complimentary retail shops, services, office, and restaurant components. The final mix
of these uses will be dependant on market conditions at the time of development.
The site is located at 3210 S. Eagle Road on the southeast corner of E. Victory Road and S. Eagle
Road. Currently, there is asingle-family home with a pasture on this site. This property is within
the City's Area of Impact and Urban Service Planning Area and is contiguous to the current City
limits.
2. SUMMARY RECOMMENDATION
The subject applications (AZ, PP, ALT, and CUP) were submitted to the Planning Department fox
concurrent review. Below, staff has provided a detailed analysis and recommended conditions of
approval for the requested Annexation and Zoning, Preliminary Plat, Conditional Use Permit, and
Alternative Compliance applications. Staff is recommending approval of the proposed
development (AZ-08-007, PP-08-006, and CUP-08-011) with the Development Agreement
provisions listed in Section 10, and the conditions listed in Exhibit B of the Staff Report. Note:
Per UDC Il-SA-2, Alternative Compliance applications are approved at administrative level by the
Planning Director. However, because ALT is requested concurrently with the AZ, PP, and CUP, Staff
Shops at Victory AZ PP CUP PACE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
has included analysis an the ALT request in this staff report, the ALT application does not require
Commission/Council action.
The Meridian Planning & Zoning Commission heard these items on June 19, and July 17, 2008.
At the public hearing on July 17.2008 they moved to recommend approval of the subieM AZ,
PP, and CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Tamara Thompson; Bob Aldridge; Bob Carpenter; Greg Owens
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Charles Axelrod
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: Scott Steckline; Caleb Hood
b. Kev Issue(s) of Discussion by Commission:
i. Eligibility of this site for a reimbursement agreement with the City for a mainline
extension to the site:
ii. The extent of the verti-crete wall fencing along the south property boundary:
iii. The number, type (right-in/rigbt-out, full access), and location of access points to the
site from Eagle & Victory Roads; and
iv. The proximity of the southern access point for the site to/from Eagle Road in relation to
E. Falcon Drive.
c. Kev Commission Change(s) to Staff Recommendation:
i. Modify DA provision #g, page 10, to restrict access to/from the site to one full-access
point to Eagle Road, located as far north as possible in compliance with ACRD distance
requirements for intersections. Allow both access points to/from Victory Road, as
proposed by the applicant.
d. Outstanding Issue(s) for Citv Council:
i. Access points to/from the site
he M eridian C iri Council heard these items on August 26.200R. At the public hearing the
o ~nc
g, il approv
ummar ed h e obi t A7. PP. and C P r a~ st
v of City Council Public Hearing:
L In fa vor: Brian Ballard: Tamara Thompson: Bob Aldridge: Bob Carpenter
jj, III o pposition: None
iii. Com menting: Nate Wheeler: Gary Inselman
iY, ri tten testimony: Garv Funkhouser. Stanley Consultants (Traffic F.ngineerl
Y. tall presenting application: Anna Canning
yl. Oth er staff commenting on application: None
Iz. ev issu es of Discussion by Council•
L he timing of the Eagle & Victory intersection improvements:
ii. he proximity of the southernmost drivew y nn Eagle Road in relation to Falcon
Driv
711. Whe .
ther iNs prudent to approve new development without the intersection
Bing complete and adding more trafTic to an already
t
d
iv, he conge
e
area:
possibility of the applicant doing come of the inter ec ion improv m nts wit
s, eve
Key Cou
i. Stri lopment of the site and being reimbprsed thropgh impact fees or other means
ncil Changes to Staff/Commission Recommendation
ke the portion of DA provision #i that repuirec a pedestrian access to he
prov ided to the property to the south for future interconnectiviri.
Shops at Victory AZ PP CUP PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 200&
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-08-
007, PP-OS-006, and CUP-08-011, as presented in the staff report for the hearing date of August 26,
2008 with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, [move to deny File Numbers AZ-OS-
007, PP-08-006, and CUP-08-O11, as presented during the hearing on August 26, 2008, for the
following reasons: (You should state specific reasons for denial of the annexation and you must
state specific reason(s) for the denial of the plat.)
Continuance
I move to continue File Numbers AZ-OS-007, PP-08-006, and CUP-08-O11 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 southeast corner of S. Eagle Road and E. Victory Road, in Section 32,
Township 3 North, Range 1 East.
b. Owner(s):
Axelrod Living Trust, Charles Axelrod
211 S. Spalding Drive
Beverly Hills, CA 90212
c. Applicant:
LDR-IUDMG, LLC
350 N. 9`", Ste. 201
Boise, ID 83702
d. Representative:
Tamara Thompson, Landmark Development Group
2462 Sunshine Drive
Boise, ID 83712
e. Present Zoning: RUT (Ada County)
Shops at Victory AZ PP CUP PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
£ Present Comprehensive Plan Designation: Mixed Use -Community
g. Description of Applicant's Request: The applicant is requesting concurrent approval for:
Annexation and Zoning of 4.79 acres from RUT (Ada County) to C-C (Community Business
District); Preliminary Plat approval of 3 commercial building lots on 3.68 acres; Alternative
Compliance of a reduced buffer width in certain azeas adjacent to an existing residence; and a
Conditional Use Permit for adrive-through pharmacy within 300 feet of an existing residence.
The proposed development is planned and designed to include neighborhood commercial retail
uses.
1. Date of Preliminary Plat (attached in Exhibit A): 4/18/08
2. Date of Landscape Plan (attached in Exhibit A): 4/18/08
3. Date of Conceptual Plan (attached in Exhibit A): 4/18/08
h. Applicant's Statement/Justification: "The site is in the City of Meridian's impact azea and its
Comprehensive plan designation is Mixed Use -Community. Our proposed zoning and
development comply with the Comprehensive Plan. The proposed project is intended to fill a
need for neighborhood services on the southern boundary of the City. Due to its proximity in the
surrounding trade area, the proposed project will reduce trips out of the area for daily consumer
needs and services." See applicant's narrative submitted with application for more information.
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the Planning & Zoning Commission and City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance.
By reason of [he provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the Planning & Zoning Commission and City Council on this matter.
c. The subject application will in fact constitute a conditional use permit as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Tile 11 Chapter 5, a public
hearing is required before the Planning & Zoning Commission and City Council on this matter.
d. Newspaper notifications published on: June 2, and 16, 2008 (Commission); August 4, and 18,
2008 (City Coancip
e. Radius notices mailed to properties within 300 feet on: May 23, 2008 (Commission); August 1,
2008 (City Conncil)
£ Applicant posted notice on site by: June 4, 2008 (Commission); August 12, 2008 (Gifu CounciD
6. LAND USE
a. Existing Land Use(s): There is currently asingle-family residence, associated outbuildings, and a
pasture on this property.
b. Description of Character of Surrounding Area: This property is currently surrounded by rural
residential properties.
c. Adjacent Land Use and Zoning:
I. North: Single-family home on a large rural parcel, zoned RUT (Ada County)
2. East: Single-family homes on large rural parcels, zoned RUT (Ada County) and R-4 [The R-4
zoned property has received preliminary plat (Harcourt Subdivision) approval for 60 single-
Shops at Victory AZ PP CUP PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
family residential building dots on 22 acres.)
3. South: Single-family homes on large rural parcels, zoned RUT (Ada County) and R-8
4. West: Single-family homes, zoned R-8
d. History of Previous Actions:
• In 2005, the South Eagle Comprehensive Plan Amendment (CPA-OS-001) application
approved a change to the future land use map for this property from "Low Density
Residential" to "Mixed Use -Community."
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: This property will sewer to an existing manhole located approximately 760
feet east of the intersection of S Eagle Road and E Victory Road. The manhole is located in E
Victory Road.
Location of water: E Victory Road and S Eagle Road.
Issues or concerns:
a.) Providing services to 3250 E Victory Road.
2. Canals/Ditches Irrigation: NA
3. Hazards: Staff is not aware of any hazards that exist on this property.
4. Proposed Zoning: C-C (Community Business District)
5. Size of Property: 4.79 acres (3.68 acres included in the preliminary plat)
f. Subdivision Plat Information:
1. Residential Lots: 0
2. Non-residential Lots: 3
3. Total Building Lots: 3
4. Common Lots: 0
5. Other Lots: 0
6. Total Lots: 3
7. Gross Density: NA
8. Minimum House Size: NA
g. Landscaping
1. Width of street buffer(s): 25 feet adjacent to S. Eagle Road, a principal arterial street; and 25
feet adjacent to E. Victory Road, a minor arterial street
2. Width of buffer(s) between land uses: 25 feet (Applicant is requesring approval of Alternative
Compliance for a reduced buffer width in certain areas.)
3. Percentage of site as open space: NA
4. Tree Preservation: Mitigation is required for all existing healthy trees 4-inch caliper or greater
that are removed from the site with equal replacement of the total calipers lost on site up to an
amount of 100% replacement. The application states that there are 5 existing trees of value
Shops at Victory AZ PP CUP PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
totaling 54 caliper inches on the site. Fifty four caliper inches are planned for mitigation
onsite along the eastern and southern boundaries in addition to the 1 tree per 35' required by
the UDC. The result is 27 mitigated trees at 2"caliper = 54 caliper inches.
h. Off-Street Parking: UDC 11-3C-6 requires one off-street vehicle parking space for every 500
square feet of gross floor azea in commercial districts. The total building square footage depicted
on the site plan is 29,910. Based on this amount, 60 parking stalls would be required; 133 aze
proposed, which complies with this requirement.
i. Summary of Proposed Streets and/or Access: Two access points to the site are proposed from S.
Eagle Road (the first, aright-in/right-out only access, 250+/- feet south of the intersection; and
the second, a full access, 460+/- feet south of the intersection). Two access points are proposed
from E. Victory Road (the first, aright-in/right-out only access, 250+/- feet east of the
intersection; and the second, a full access, 470+/- feet east of the intersection). Drive aisles are
proposed internally for access within the site. Cross-access easements are proposed to be granted
between all three parcels. No stub streets are proposed to adjacent residential properties. See
Analysis, Section 10, below for Staff's analysis of the proposed access to the site.
7. COMMENTS MEETING
On May 30, 2008 a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, and the Sanitary Services Company. These
agencies submitted comments on this application, which aze included in Exhibit B of this report.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This site is designated as "Mixed Use -Community" on the Comprehensive Plan Future Land Use
Map. Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub-
categories. "Generally, the mixed-use designation will provide for a combination of compatible land
uses that are typically developed under a master or conceptual site plan. The purpose of this
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 flexibility." The
following standards apply to the MU-C category: 1) Up to 25 acres may be non-residential uses; 2)
Up to 200,000 squaze feet ofnon-residential building area is allowed; and 3) Residential densities of 3
to 8 units/acre.
Staff finds that the development request generally conforms to the stated purpose, intent, and
standards of the MU-C land use category within the Comprehensive Plan. Staff fords the following
Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff
analysis in italics):
Beyond what has been discussed above, the following Comprehensive Plan policies apply to this
application (staff analysis in italics below policy):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
The City of Meridian plans to provide municipal services to the lands proposed to be annexed in
the following manner:
- Sanitary sewer and water service will be extended to the project at the developer's expense
Shops at Victory AZ PP CUP PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
- The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department,
who currently shares resource and personnel with the Meridian Rural Fire Department.
- The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
- The subject lands are currently serviced by the Meridian School District No. 2. This service
will not change.
- The subject lands are currently serviced by the Meridian Library District. This service will
not change and the Meridian Library District should suffer no revenue loss as a result of the
subject annexation.
Municipal, fee-supported, services will be provided 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.
• Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a commercial zoning district. In the proposed C-C district, a 25 foot
wide buffer is required to be constructed adjacent to residential uses, per UDC Table 11-2B-3 to
protect residential properties from the impacts of commercial development. The applicant is
requesting approval of Alternative Compliance for a reduced buffer width in certain areas with
this application. As an alternative means of meeting the intent of the ordinance, the applicant is
proposing additional landscaping within the buffer, a verb-crete wall adjacent to areas with a
reduced buffer width, and 6 foot tall vinyl fencing on the remainder of the perimeter boundary
adjacent to residential uses. Staff believes that the proposed combination of landscaping and
fencing should adequately protect the adjacent residential properties from the proposed
commercial development. See Analysis below jor more on the Applicant's alternative compliance
request.
• Chapter V, Goal III, Objective D, Action 5 -Require all commercial and industrial businesses to
install and maintain landscaping.
Street buffer landscaping and internal parking lot landscaping is depicted on the landscape plan
for the proposed project. All landscaping shall be installed and maintained on the site in
accordance with the standards listed in UDC 11-3B.
Chapter VII, Goal I, Objective B -Plan for a variety of commercial and retail opportunities
within the Impact Area.
The proposed development, which consists of neighborhood commercial uses such as a
drugstore, retail shops, services, office and restaurant uses, will provide a variety of commercial
opportunities in this area of the City.
Chapter VII, Goal I, Objective B, Action 3 -Locate new community commercial areas on
arterials or collectors near residential areas in such a way as to complement with adjoining
residential areas.
The site is located on the corner of two arterial streets, E. Victory Road and S. Eagle Road. The
site is surrounded by rural and urban density residential properties. Staff believes the proposed
commercial development should complement the surrounding residential uses by providing
needed services in this area of the City.
Shops a[ Vic[ory AZ PP CUP PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
• Chapter VII, Goal I, Objective B, Action 6 -Require neighborhood commercial areas to create a
site design compatible with surrounding uses (e.g., landscaping, fences, etc.)
Six foot tall vinyl fencing, a verti-crete wall, and added landscaping are proposed around the
perimeter boundary of the commercial development to assist in providing a buffer between the
existing residences to the south and east. The applicant is requesting alternative compliance with
this application to reduce the buffer width adjacent to residential uses.from 25 feet to as low as
10 feet in one area (the majority of the buffer is 25 feet wide as required). Staff is requesting that
the applicant provide pathway connections to the east and south with this application for
connectivity to the adjacent residential uses. Staff believes the proposed site design should be
compatible with surrounding uses if the applicant complies with the conditions of approval and
DA provisions in the staff report.
Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors
and arterial streets.
Cross-access easements are proposed to be granted between all lots in the subdivision. Staff is
requesting that the two right-in/right-out only accesses proposed closest to the intersection on
Victory and Eagle be removed and only one access to/from Eagle and one access to/from Victory
be approved with this application.
Staff recommends that the Commission and Council rely on any verbal or written testimony that may
be provided at the public hearing when determining if the applicant's zoning and development
request is appropriate for this property.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, and
conditional uses in the C-C zoning district. The proposed retail, restaurant, office, and service
uses are all listed as principal permitted uses in the C-C zoning district. The proposed drive-
through requires conditional use permit approval in the C-C zoning district if it lies within 300
feet of an existing residential use or another drive-through facility.
b. Purpose Statement of Zone: The purpose of [he commercial districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Plan. Four
districts aze 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
proximity to streets and highways.
c. General Standards: All of the proposed lots shall comply with the dimensional standards listed in
UDC 11-2B-3 for the proposed C-C zoning district.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
AZ Application: The Applicant is requesting approval to annex and zone 4.79 acres from the
RUT zoning district in Ada County to the C-C zoning district in the City. The applicant
proposes to develop the property with neighborhood commercial retail uses such as a
drugstore, retail shops, services, office and restaurant uses. The property is currently
designated on the Comprehensive Plan Future Land Use Map as Mixed Use -Community.
The proposed use of the property and C-C zoning district are compatible with this
designation.
Shops at V ictory AZ PP CUP PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
The C-N zoning district would also be compatible with the MU-C designation and would
provide more of a transition in zoning between the adjacent residential uses and the proposed
commercial development. Staff compared the permitted uses in the C-C district vs. the C-N
district and found that the proposed retail, restaurant, and office uses are all principal
permitted uses in both zoning districts. The major difference between the two districts is the
dimensional standards, as follows:
DIMENSIONAL STANDARDS C-N GC
Front setback in feet 20 0
Rear setback in feet 25 0
Interior side setback in feet 0
Street landsca buffer in feet
Local 10
Collector 20
Arterial 25
Entr wa corridor 35
Interstate 50
Landscape buffer to residential uses
in feet "` 20 25
Maximum buildin hei ht in feet 35 50
Maximum building size without
design standard approval as set
forth in 11-3A-19 in s uare feet 7,500 60,000
Parking requirements See Chapter 3 Article C. off-sVeet
arkin and loadin re uirements
Landscaping requirements See Chapter 3 Article B. landscaping
re uirements
`All setbacks shalt be meastired from the ultimate right-of-way for fhe street
classification as shown alt ffte adopteki Transportation Plan:.
'"mtninium setback ohly albwed with reuse of existing resideNic sfrucgire.
*"When the aritproperty is-vacant,.the: Director shalf~dete~~iira8we
atl scent o .ties` naflon based on the Com ralienslue; Plan=ttee` rlatiori, i
Staff believes that the requested C-C zoning district is appropriate for this site if the applicant
complies with the conditions and DA provisions in this report pertaining to maximum
building footprint and minimum number of buildings on the site. Based on the policies and
goals contained in the Comprehensive Plan, staff believes that the requested C-C zoning
district is appropriate for this property. Please see Exhibit D for detailed analysis of the
required facts and fmdings for annexation.
The proposed annexation azea consists of a combination of two pazcels; a majority of parcel
S 1128223075 (Axelrod parcel) and a very small portion of 83193250010 (Aldridge parcel) to
the south. The applicant has submitted a Boundary Line Adjustment (BLA) application with
Ada County Planning to modify the Axelrod parcel so that it is consistent with the annexation
legal description and proposed plat. With the BLA, the Axelrod parcel is reduced from 3.92
acres to 3.69 acres; the Aldridge parcel is enlazged to 5.07 acres to conform to the Ada
County requirement for RUT zoning. As a DA provision, Staff is requiring that the
applicant submit a letter of final approval from Ada County Development Services for
Shops at Victory AZ PP CUP PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to
approval of the annexation ordinance by City Council.
The annexation legal description submitted with the application (stamped on March 17,
2008 by Aaron L. Ballard, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
Conceptual Site Plan: The conceptual site plan submitted with this application [prepared by
The Land Group, labeled as Sheet C1.03, dated 4/18/08 (revised 4/24/08)] depicts 3 buildings
pads with footprints totaling 29,910 square feet (s.f). The largest building pad, "Pad A,"
where the drugstore is proposed, consists of 15,885 s.£; "Pad B" consists of 7,065 s.£; and
"Pad C" consists of 6,960 s.f. Off-street parking for the site is depicted on the plan. Based on
the total building square footage proposed, 60 parking stalls are required; 133 parking stalls
are proposed, which exceeds UDC requirements. Staff has reviewed the proposed concept
plan and found it substantially complies with the dimensional standards listed in UDC 11-2B-
3 for the C-C zoning district, except for a reduced buffer width adjacent to residential uses;
the applicant is requesting Alternative Compliance to this requirement (see below). Staff is
requesting as a provision of the DA that a minimum of 2 buildings be constructed on the
site and that the maximum building footprint of any one building not exceed 20,000
square feet to assist in providing a transition to more intense commercial uses adjacent
to the existing and future residential uses. A detailed site plan is required to be submitted
and will be reviewed with individual Certificate of Zoning Compliance application for future
buildings/uses on the site.
Building Elevations: The Applicant has submitted conceptual building elevations with this
application for each of the building pads that depict how future buildings on this site may be
constructed. Building materials depicted on the elevations included in Exhibit A.6 are
proposed to consist of stucco with stone and split face CMU blocks accents and green metal
roofing. The buildings will be painted with 5 different shades of brown. These elevations are
included in Exhibit A.6. Staff is supportive of [he proposed elevations. Buildings constructed
on the site shall substantially comply with these elevations.
Hours of Operation: Hours of operation for the businesses within the development were not
specified in the application, except for the proposed drive-through pharmacy which is
proposed to operate from 6 am to 10 pm. Because of the adjacent residential uses, Staff is
recommending as a provision of the DA that hours of operation for all businesses within
this development be restricted to the hours between 6 am and 10 pm.
Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the
City the authority to require a property owner to enter into a Development Agreement (DA)
with the City that may require some written commitment for all future uses. Staff believes
that a DA is necessary to ensure that this property is developed in a fashion that is
consistent with the comprehensive plan and does not negatively impact nearby
properties. Prior to annexation ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner (at the time of annexation
ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill
Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City
Council action. The DA shall incorporate the following:
a. The applicant shall be responsible for all costs associated with the sewer and water
service extension.
b. Any and all existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance Section
Shops at Victory AZ PP CUP PAGE ]0
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
5-7-517, when services are available from the City of Meridian. Wells may be used
for non-domestic purposes such as landscape irrigation.
c. No signs are approved with the subject annexation approval. All business signs will
require a separate sign permit in compliance with UDC 11-3D.
d. The request for Altemative Compliance for a reduced buffer width in certain areas
adjacent to the residential property to the south, is approved per the landscape plan
attached in Exhibit A and in accordance with the DA provisions and conditions of
approval noted in the Shops at Victory staff report.
e. Construct a minimum 6-foot tall verb-crete wall adjacent to the residential property
to the south in the areas where the buffer width is below the required 25-feet, as
shown on the fencing plan in Exhibit A.S, as approved through Alternative
Compliance with this application. Construct a minimum 6-foot tall solid vinyl
fencing in all other areas along the perimeter boundary adjacent to residential uses.
All fencing shall be constructed in accordance with the standards listed in UDC 11-
3A-7C.
f. Provide a minimum 5-foot wide detached sidewalk along both Eagle Road and
Victory Road beyond the ultimate right-of--way of the reconstructed and widened
intersection. Said sidewalk shall extend across the Aldridee urocerty alone
- _ -
Eagle Road_ to Falcon Drive and be_located within a public pedestrian
easement.
g. Access to this site shall only be provided from one full-access and one right-
in/rieht~ut access to/from Eagle Road
. and one full-
access and one right-in/right-out access to/from Victory Road is-allowed, as
proposed by the applicant ^^'' • h^/' ^-^ "~^•^^~ °^^-' ~ •~°
°nnh:°.,~ n., n..°,, ,... ^rvr, Any other access points to/from the site are
prohibited.
h. A cross-access/ingress-egress easement shall be recorded to/from Eagle
Road and Victory Road benefitting all lots within the subdivision.
i. Provide a pedestrian connection (pathway and break in the fence) from this site to
the future pathway in Harcourt Subdivision. ^,1,1:•:^^^"^ ^~a° ^°a°°•-~^^
.. h{.° F en°/...nll\ h.. hh° « °nh., h~ hh° nn..h{. Fn«
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j. A minimum of 2 buildings shall be constructed on the site and the maximum
building footprint of any one building shall not exceed 20,000 square feet.
k. Hours of operation for the businesses within this development shall be restricted to
the hours between 6 am and 10 pm.
1. The Applicant shall comply with the tree preservation standards listed in UDC 11-
3B-10 for protection of existing trees that are proposed to be retained and existing
trees 4-inch caliper and greater [ha[ are proposed to be removed. The applicant's
proposal to plant trees along the southern and eastern property boundaries as
mitigation for trees removed from the site is approved per the landscape plan
included in Exhibit A.
m. The detailed site plan and building elevations submitted with any future CUP and/or
Shops at Victory AZ PP CUP PACE I I
CITY OF MERIDIAN PLANNING DEPARTMENT STAPF REPORT FOA THE HEARING DATE OF AUGUST 26, 2008
CZC application for this site shall substantially comply with the conceptual site plan
and building elevations submitted to the City as shown in Exhibit A of this staff
report, as amended herein, and with the requirements of the subject Development
Agreement.
n. The Applicant shall submit a letter of final approval from Ada County
Development Services for the Boundary Line Adjustment and a recorded copy
of the Record of Survey, prior to approval of the annexation ordinance by City
Council and publication of the ordinance in the newspaper.
o. he F,a¢le/Victory intersection improvements shall he complete prior to releas
occuoancv for anv buildines within the site nr the applicant shall work wit
ACHD to determine a fundin¢ mechanism for the intersection improvements.
2. PP Application: The applicant is requesting Preliminary Plat approval of 3 commercial
building lots on 3.68 acres of land in a proposed C-C zoning district. This property has not
been previously platted. The applicant is proposing to plat this subdivision in one phase.
Staff has reviewed the proposed preliminary plat and found it substantially complies with the
dimensional standards listed in the UDC 11-2B-3 for [he C-C zoning district except for the
requirement of a 25-foot wide landscape buffer adjacent to residential uses. The applicant has
requested Alternative Compliance for a reduced buffer width (see below).
Alternative Compliance: The applicant is requesting approval of Alternative Compliance
with this application for a reduced buffer width in certain areas along the south and southeast
property boundaries. As mitigation for a reduced buffer width, the applicant proposes to
install a mix of 6-foot tall vinyl fencing and verti-crete wall, and added landscaping along
these boundaries to create more of a barrier between the proposed commercial uses and the
existing residence. Per UDC 11-SB-SB.2, requests for alternative compliance are allowed
when a site involves space limitations or an unusually shaped lot. Staff believes that this
parcel has space limitations due to its size and irregular shape. For this reason, Staff is
supportive of the request for Alternative Compliance provided that a minimum 6-foot
tall verti-crete wall is constructed adjacent to all areas with a decreased buffer width
and minimum 6-foot tall solid vinyl fencing is constructed in alt other areas along the
perimeter boundary of the subdivision adjacent to residential uses. See attached Findings
in Exhibit D for more information.
Existing Landscaping: The application states that there are 5 existing trees on site that are
considered of value, totaling 54 caliper inches. Fifty-four caliper inches were mitigated on the
site along the eastern and southern boundaries in addition to the 1 tree per 35 lineal feet
required by UDC 1 I-3B-9. The Applicant shall contact Elroy Huff, Parks Department,
for confirmation of the aforementioned figures and approval of the tree mitigation plan.
The Applicant shall provide mitigation for existing healthy trees on the site that are proposed
to removed as depicted on the landscape plan in accordance with the mitigation standards
listed in UDC 11-3B-lOC. Additionally, all trees that are retained should be protected during
construction. The Applicant should contact Elroy Huff at 888-3579 for approval of the
protection fence prior to construction.
Landscaping: The applicant submitted a landscape plan [prepared by The Land Group, on
4/18/08 (revised 4/24/08), labeled as Sheet L1.0] for the site with the subject application.
Staff has reviewed the plan and approves of it with the following modifications/notes:
• The applicant shall construct a minimum 25-foot wide street buffer along the entire
frontage of S. Eagle Road and E. Victory Road (both arterial streets), exclusive of
ACHD right-of--way required for the ultimate street section. Said buffer shall be
Shops at Victory AZ PP CUP PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
designed and constructed in accordance with UDC 11-3B-7. Per UDC 11-3B-7.2b,
street buffers shall be on a common lot or on a permanent dedicated buffer,
maintained by the property owner or business owners' association. (Note: In 2011,
the Victory/Eagle intersection is planned to be reconstructed and widened to 5 lanes
on all legs, including curb, gutter, sidewalk, and bike lanes, per ACHD's 2009-2013
Five Year Work Program.)
• The applicant shall construct a 7-foot wide detached sidewalk along both Eagle Road
and Victory Road beyond [he ultimate right-of--way of the reconstructed and widened
EagleNictory intersection. Sidewalk may be located within the required buffer area.
• Depict a minimum 6-foot tall verti-crete wall along the south property boundary in
the areas shown on the fencing plan attached in Exhibit A.S. In all other areas
adjacent to residential uses, depict minimum 6-foot tall solid vinyl fencing.
• Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on
implementing the proposed protection and mitigation plan for the existing trees on
site. The Applicant shall contact Elroy Huff, Parks Department, for
confirmation of the caliper inches of trees to be mitigated and approval of the
tree mitigation plan.
• A written certificate of completion should be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan. All standards of
installation should apply as listed in UDC 11-3B-14.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above,
with the final plat application(s).
Sidewalks: The conceptual site plan depicts a 7-foot wide sidewalk along S. Eagle Road and
E. Victory Road. The Comprehensive Plan (page 55) requires detached sidewalks along all
arterial streets within the City. Staff is requesting as a provision of the Development
Agreement that a minimum 5-foot wide sidewalk be constructed as a detached sidewalk
along both Eagle Road and Victory Road beyond the ultimate right-of--way of the
reconstructed and widened intersection.
Pathways: No pathways are proposed for interconnectivity and pedestrian access to adjacent
residential properties. However, the approved preliminary plat for Harcourt Subdivision to
the east depicts amicro-path connection to this property at the east boundary. Staff
recommends that a pedestrian connection (pathway and break in the fence) be provided
from this site to the future pathway in Harcourt Subdivision. Additionally, staff
recommends that a pedestrian connection (pathway and break in the fence/wall) be
provided to the property to the south for pedestrian access to the proposed commercial
development.
Access: Two access points to the site are proposed from S. Eagle Road (the first, aright-
in/right-out only access, 250+/- feet south of the intersection; and the second, a full access,
460+/- feet south of the intersection). Two access points are proposed from E. Victory Road
(the first, aright-in/right-out only access, 250+/- feet east of the intersection; and the second,
a full access, 470+/_ feet east of the intersection). Drive aisles are proposed internally for
access within the site. No stub streets are proposed to adjacent residential properties.
Planning Staff, the Fire Department, and Police Department are supportive of the two
full-access points proposed furthest from the intersection, but are not supportive of the
two right-in/right-out only access points proposed closest to the intersection. Staff is
including a DA provision that access be restricted to the one access point from Eagle
Road and one access point from Victory Road in locations approved by ACRD. if the
Commission and Council should decide to approve the right-in/right-out accesses proposed
closest to the intersection, Staff recommends that a center median be required in Eagle
Shops at Victory AZ PP CIJP PAGE 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
Raad to restrict left-inReft-out traffic movements. Further, staff is supportive of the internal
driveways proposed within the site and does not believe that stub streets should be required to
adjacent residential properties. Cross-access easements are proposed to be granted between
the parcels (see Analysis, Section 10, below for more information). Easements and notes
regarding access should be placed on the face of the final plat. As of the print date of this
report, comments have not been received from ACHD on this application.
Stub Streets: No stub streets are proposed to adjacent properties and no stub streets are
provided to this site from adjacent residential properties. Because residential properties exist
to the east and south of this property and because these properties are designated on the future
land use map for low density residential uses, Staff is supportive of no stub streets being
provided.
Existing Structures: The existing building(s) on the site shall be removed, prior to signature
of the final plat by the City Engineer.
Fencing: The applicant is proposing a mix of 6-foot tall vinyl fencing and verti-crete wall
along the southern and eastern perimeter boundaries of the subdivision. With approval of
the request for Alternative Compliance for a reduced buffer width adjacent to
residential uses, Staff is requesting that the proposed verti-crete wall be installed
adjacent to areas where a reduced buffer width is proposed, as shown on the fencing
plan attached in Exhibit A.S, to provide more of a barrier to the bordering residential
uses. In all other areas adjacent to residential uses, a minimum (Moot tall solid vinyl
fence shall be installed. A detailed fencing plan should be submitted upon application of the
final plat. Fencing shall be installed prior to issuance of any building pennits on the site to
contain debris during construction. Temporary construction fencing shall be installed where
permanent fencing is not proposed, prior to release of building permits. All fencing shall be
installed in accordance with the standazds listed in UDC I 1-3A-7.
Ditches, Laterals, and Canals: There aze no laterals, canals, or ditches on this site.
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 use any
existing surface or well water for the primary source. If a surface or well source is not
available, asingle-point connection to the culinary water system shall be required. If a single-
point connection is used, 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 irrigation system should be installed to all landscape areas per the approved
specifications and in accordance with UDC I 1-3A-15 and MCC 9-1-28.
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance
(CZC) permit is to ensure that all construction, alterations and/or the establishment of a new
use complies with all of the provisions of the UDC before any work on the structure is started
and/or the use is established (UDC 11-5B-1A). To ensure that all of the requirements of the
Development Agreement and preliminary plat, as listed in Section 10 and Exhibit B of this
staff report are complied with, the Applicant will be required to obtain CZC approval from
the Planning Department prior to building/pazking lot construction, and all improvements
must be installed prior to occupancy.
3. Conditional Use Permit (CUP): The applicant is requesting CUP approval for adrive-
through window for the proposed pharmacy within 300' of an existing residence. Per UDC
11-4-3-11, if adrive-through window is proposed to be located within 300' of an existing
residence, CUP approval is required. The drive-through window is proposed to be located on
the south side of Pad A at the southeast comer of the building.
Shops at Victory AZ PP CUP PAGE 14
CTTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
Per UDC 11-4-3-11, Specific Use Standards apply to the proposed drive-through use of the
property as follows:
- All establishments providing drive-through service shall identify the stacking lane,
speaker location, and window (pneumatic tube) location on the plans submitted with the
Certificate of Zoning Compliance (CZC) application; The site plan depicts a stacking
Zane that is separate from the drive aisle needed for circulation. The speaker location and
window location shall be depicted on a revised site plan submitted with the CZC
application.
- Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons; There is suffzcient room for patrons to stack without obstructing the
public right-of-way.
- The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking; The stacking lane is separate.from the circulation lane.
- The stacking lane shall not be located within ten feet (10') of any residential district or
existing residence; The stacking lane is approximately 95 feet from of a residential
district, which complies with this requirement.
- Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane; and, There is a drive aisle adjacent to the stacking lane which will serve as
an escape lane ifneeded.
- A letter from the Transportation Authority indicating the site plan is in compliance with
the authority's standards and policies shall be required. As of the print deadline,
comments have not been received from ACHD. The Applicant shall comply with this
requirement.
Staff believes that the proposed drive-thru does comply with the aforementioned standards.
The applicant shall demonstrate continued compliance with submittal of the Certificate of
Zoning Compliance application for the drive-through window.
Hours of Operation: The proposed hours of operation for the drive-through pharmacy are 6 am
to ] 0 prn/7 days a week. Staff has no objections to the proposed hours of operation. However, the
Commission and Council should rely on testimony presented at the public hearing to determine if
the nearby neighbors have objections to the proposed hours.
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior
to issuance of building permits, for the proposed drive-through pharmacy use. The site plan
submitted with the CZC shall be revised to comply with the conditions of approval listed in
Exhibit B of this report and shall be submitted prior to establishment of the new use. All
improvements must be installed prior to occupancy.
b. Staff Recommendation: Staff is recommending approval of the proposed development (AZ-08-
007, PP-08-006, and CUP-08-011) with a Development Agreement and the conditions listed in
Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard these
items on June 19, and July 17, 2008. At the public hearing on July 17, 2008 they moved to
recommend auuroval of the subject AZ, PP, and CUP request. The Meridian City Council
heard these- item- s_on August 26,_ 2008. At the pub4c,hearina the Council approved the
subject AZ. PP. and-CUP request,
Shops at Victory AZ PP CUP PAGE I S
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
11. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Preliminary Plat (Dated: 4118/08, Revised: 4/24/08)
3. Conceptual Site Plan (Dated: 4/18/08, Revised: 4/24/08)
4. Landscape Plan (Dated: 4/18/08, Revised: 4/24/08)
5. Fencing Plan
6. Building Elevations
7. Letter from Ada County Development Services Pertaining to Property Boundary Adjustment
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Pazks Depaztment
6. Sanitary Service Company
7. Ada County Highway District
C. Annexation Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Shops at Victory AZ PP CUP PAGE 16
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
A. Drawings
1. Vicinity/Zoning Map
Exhibit B -Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
2. Preliminary Plat (Dated: 4/18/08, Revised: 4/24/08)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
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C[TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2005
4. Landscape Plan (Dated: 4/18/08, Revised: 4/24/08)
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Exhibit B -Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
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Exhibit B -Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
7. Letter from Ada County Development Services Pertaining to Property Botmdary Adjustment
ADA COUNTY
DEVELOPMENT SERVICES ~ .• -
PHORE 2u3 ?n,-59C~o
F 1A O6 ~df;-5(x;<~ 20G tc FRONT. BOLE, IDA3l0 b ;025x00 ~ y~'~-
-_ __ _ .- -
BL`ILDf~G EtiCINEERL\G PLA\\'ING ZONIiG
May 6, 2006
DMG Real Estate Partners/ R Greg Goins
350 N. 9~ Suite 201
Boise ID, 83702
RE: PR01F,Cf NUMBER 290s00S6-PBA. Application for a Property Boundary
Adjustment involving Tax Parcel Numbers SI 128223075 and 83193250010
located at 3210 S Eagle Road, Meridian, m, Township 3 North, Range 1 East,
Section 28.
Char Applicant:
(hi April 7, 2006 Ada County Development Servk-es received your application for a
properh• boundary adjustment Based on stafFs review of the Ada County Code, this
application has been given tentative approval, subject to the Cotditions of Approval
listed in Exhibit "A". Please note, this approval shall become null and void if the
Conditions of Approval have not beat met, and if'ou have not obtained a valid Zon_m~
Catifica6e within one (Il year of the date of this approval letter.
Thts determination was made based upon current information contained m the public
record and interpretation of the Ada County Zoning (hdinance. You may appeal this
decision to the Board of Ada Counh• Commissioners. To do so, you must file the appeal
wrthrn fikeen days of the date of this letter. The fee for filing an appeal is $350.
Pursuant to Idaho Code § 67-6535, this letter is to turtlta~ inform you that to the extent a
final decision has beat made on asite-specific land use request, an appticant has the
right to request a regttlatorv takings analysis under Idaho Code § 67-6003.
If you have any questions, l can be reached at (20~ 287-7901.
Sincerely, ,
Sid Anderson, Planner 11
Ada County Development Services
cC: Mark Perfect, Planner 111 Supervisor; Ada County Development Services
Srmya Waters, AssoctateCity Planner, Meridian City
Prywz M2IX18IXIIISU-P$A
DMG / Cmnn Pa¢e ~ of j
Exhibit B -Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
STAFF ANALYSES
This application is for a Property Boundary Adjustment involving Tax Parcel Numbers
SI 128223D75 located at 3210 S Eaglc Road and 831932500101ocated at 3300 E Falcon
Dtive On Apri14, 2008 Ada County Development Services received your application for
a property boundary adjustment On Apri17, 2008 your acceptance Lettet was sent to
you indicating that your application would be acted upon within 60 days. There is a
single family residence located on each of the properties.
Panel number 831793250010 contains 9.8 acres, it is zoned RITE, it js lot 3 of t:iolden
Eagle Estates and was platted in 1474. This property is a 4.8 acre legal nonconforming
lot and will become a cottformatg parcel containing 5.0 acres.
Parcel number 51128223(775 contains 3.9 acres it is zoned RUT and was created on
8/ 18/2006 by instrument number 106134046. This parcel was split form parcel
St t 28223070 when a portion of the property was deeded to Ada County Highway
District Parcel number St128223070 was created in 1954 and was 5 acres per deed
recorded in book 392 and page 250. Sirxr this property was conforming poor to it being
xeduced by governmental action tit is deemed a conforming property for development
purposes. `This property contaitg 3.9 acres and will be 3.6 acres this property will be
annexed into the city of Meridian.
APPLICABLE LAW
This section details Ada County zoning ordinance regulations and other applicable
standards regarding devebpvtatt of the subjeR property.
tl-4A-19 PROPERTY REDUCED BY GOVERNMENTAL ACTION: It a
governmental action (such as acquaition through prescription, purchase, or
other means by dte Ada County highway dislr~t, Idaho transportation
department, utility company or corporation under the jurisdiction of the
Idaho public utilities cornrttission, or other teal, state, or federal agency)
reduces an existing property below the required property size, such property
shalt be deemed as a conforming property for the purposes of development.
.See also section B-1B-3 of this title. (Ord. 389, 6-14-2000; amd. Ord 591, 7-27-
2005}
2. Section 8.4C-0: PROPERTY BOUNDARY ADJUSTMENT STANDARDS:
A. A property boundary adjustment shag not reduce the property sine
below the minimum dimensional standards prescribed by this tide
including regulations for individual wastewater tr~tment systems and
we0s as set forth in sections 8.4A-22 and 8-4A-23 of this title respectively.
B. It one or more of fhe properties a nonconforming as M the minvnum
dimensional standards prescribed by dtis title, the property boundary
adjustment shall not increase the nonconformity.
Project M2(lONO(1056-PDA
DMIi / Ooirvc Pnac 2 d 5
Exhibit B-Page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
C. A property boundary adjustment shall not increase the original number
of properties.
D. A property boundary adjustment shall not change or move any public
streets, private roads, easements, or publicly dedicated areas in any
manner.
E. The property boundary adjustment shall not constitute a relocation of a
property.
F. For platted lots, the property boundary adjustment shall be in substantial
conformance to the recorded plat.
Section &IA-1 Definitions
SUBSTANTIAL CONFORMANCE: A Final plat shall be deemed ro be in
substantial conformarxe to a preliminary plat provided that the final plat
represents no increase in the number of loss as approved for the
preliminary plat and a ten percent (10%) or less deviation of any
dimensional standard shown on ffie preliminary plat, provided that the
density and lot dimensions meet the standards of the zoning base district.
Unless required by a public highway agerxy, public utility, or federal or
state agency, deviations greater than ten percent (10%) or more of any
dimensional standard shown on the preliminary plat shall not be deemed
in substantial conformance. Final plats N rural districts and the RUT and
RSW districts shall be allowed a twenty five percent (25%) deviation of
dimensional standards
3. Section 8-4C-5 PROPERTY BOUNDARY ADJUSTMENT REQUIRED FiNDiNG:
In order to approve the application, the decision-making body shall find that The
proposed property boundary adjustment complies with the standazds in Section
S-4C~ of this Title.
FINDINGS OF FACT
If any of these Findings of Fact are deemed Conclusions of law, [hey are incorporated
into the Conclusions of [aw section.
The Director finds that Project Number 200800Q5bPBA complies with Section 8-4A-19 of
the Ada County Code as follows.
Parcel number St 128229070 was a legal conforming 5 acre property in the RUT
mne and was then reduced in size by an acquisition through purchase by Ada
County highway district reducing the existing property below the required
property size. This created parcel number S] 128223075 this property is deemed a
conforming property for the purposes of development
The Director finds that Project Number ZOOB00056-PBA complres with Sechon 8-4C-5, A-
E of the Ada County Code as follows:
A. As conditioned the property boundary adjustment will not reduce Hte
property size of the parcels below the minimum dimensional standards set
forth in their respective districts.
Project N200g0005G-PBA
DM(i / Cn,nfs
Page 3 of 5
Exhibit B -Page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
B. As evid~ced in the record, Parcel A is a conforming property based on the
dimensional standards set forth th the RUT District for the property before it
was reduced by governmental action.
As evidenced in the record Parcel B is a nonconforming property based on
the dimensional standards set forth in the RUT District. Parcel B wiU be
iner~sed in sip and will become a conforming property.
Thus the property boundary adjustment will not increase the nanconformiry
of a nonconforming property.
C. As evidenced by the submitted site plan drawing, the property boundary
adjustment does not change or move any public streets, private roads,
easematts, or publicly dedicated areas in any manner.
D. As evidenced try the submitted site plan drawing, the property boundary
adjustment w81 not constitute the relocation of property.
E. As evidenced by the submitted site plan drawing, the property boundary
adjustment wdl not constitute a relocation of the property.
F. As evidenced by the record the submitted sue plane complies with Section &
4C-5, F of the Ada County Code as follows:
As evidenced th the record Lots lot 3 of Golden Eagle Estates contains 4.8
acres. Per the code, the maximum allowed dimensional deviation is 25% in
the RL`T zone or 1.2 acres on this property. As proposed, the property
boundary adjustment would change the dimensional deviation by .2 acres.
As proposed, the property boundary adjustment is in substantial
conformance with the recorded plat.
CONCLUSIONS OE LAW
If any of these Conclusions of law are deerred Findings of Fact, they are incorporated
into the Findings of Fact section.
1. The Director concludes Project Number 2008000`,ArPBA complies with Section S-
SC'-5 of the Ada County Code.
ORDER
Based upon the Findings of Fact and Conclusions of Law contained in this Staff Report,
the Director tentatively approves Project Number 20060005CrPBA, subject to the
Conditions of Approval attached as Exhibit A.
Prgat 1200800(156-I'fiA
L)MO! Guit~s Paµc Ad 5
Exhibit B- Page l2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
EXHIBIT A
CONDITIONS OF APPROVAL
PROJECT NUMBER 200800~frPBA
DMG Real Estate Partners! R Greg Goins
REQUIRED ACTIONS. THE FOLLOWING LIST DETAILS THE TASKS THAT
MUST BE COMPLETED BEFORE THE APPROVAL OF PROJECT NUMBER
200800056PBA WILL BE CONSIDERED FINAL THE APPLICANT AND/OR
OWNERS SHALL HAVE UNTiL ONE YEAR FROM THE WRIITEN DECISION TO
COMPLETE THE REQUIRED ACTIONS AND TO OBTAIN WRITTEN APPROVAL
FROM THE DIRECTOR. THIS APPROVAL SHALL BECOME VOID IF WRITTEN
APPROVAL HAS NOT BEEN ISSUED BY THAT DATE.
1. "Ihe applicant and/or owners shall cause the property to be surveyed and a record of
survey recorded.
2. The applicantand/or owners shall execute and record the necessary deeds to
accomplish the property boundary adjustment.
3. The applicant and/or owners shall obtain new parcel numbers from the Ada County
Assessor.
~l. The applicant and /or owners shall cause parcel "A" to be annexed into the city of
Meridian. The applicant shat2 compFete condition number 6 after Meridian Crty
Council has voted to approve the annexation for parcel "A", tntt prior m the
ordinance being adopted and published.
5. The applicant and/or owners shalt provide the following dacutrentation to the
Director:
a) One copy of the recorded record of survey.
b) One copy of the recorded deed(s).
c) Proof of assignment of tax parcel numbers.
d) Documentation that pared °A" has been approved for annexation lry Meridian
City Council.
6. Upon completing the above tasks, the applicant shall request a letter from the
Director stating that the proPenY Boundary Adjustment has received final approval.
7. If the property is not aru~xed into the City of Meridian within one year of ttre date of
this letter file number 20(K713C105(rPBA will become null and void.
Project N2t)0800056-PBA
DMG / Cmins Page 5 of S
Exhibit B -Page 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
B. Conditions of Approval
1. Planning Department
1.1 ANNEXATION COMMENTS
1.1.1 The annexation legal description submitted with the application (stamped on March 17, 2008 by
Aaron L. Ballard, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
1.1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption),
and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to
initiate this process. Said DA shall be completed within 1 year of City Council action. (The
Planning Department required DA provisions are in Section 10 of the Staff Report.)
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 All comments and conditions of the accompanying Annexation and Zoning (AZ-08-007),
associated Development Agreement, and Conditional Use Permit (CUP-08-011) shall also be
considered conditions of the Preliminary Plat (PP-08-006).
1.2.2 Prior to issuance of any CZC and/or building permit, the subject property shall be subdivided in
accordance with the City of Meridian Unified Development Code.
1.2.3 The landscape plan included in Exhibit A, prepared by The Land Group on 4/18/08 (revised
4/24/08), is approved with the following modifications/notes:
• The applicant shall construct a minimum 25-foot wide street buffer along the entire
frontage of S. Eagle Road and E. Victory Road (both arterial streets), exclusive of ACHD
right-of-way required for the ultimate street section. Said buffer shall be designed and
constructed in accordance with UDC 11-3B-7. Per UDC 11-3B-7.26, street buffers shall
be on a common lot or on a permanent dedicated buffer, maintained by the property
owner or business owners' association.
• The applicant shall construct a buffer adjacent to the existing residential uses to the east
and south in accordance with the landscape plan attached in Exhibit A and the DA
provisions and conditions of approval noted in this report. A reduction in the required 25-
footwide buffer was approved in certain areas depicted on the landscape plan through
Alternative Compliance with this application.
• Depict a minimum 6-foot tall verti-crete wall along the south property boundary in the
areas shown on the fencing plan attached in Exhibit A.S. In all other areas adjacent tc
residential uses, depict minimum 6-foot tall solid vinyl fencing.
• The applicant shall construct a minimum 5-foot wide detached sidewalk along both Eagle
Road and Victory Road beyond the ultimate right-of--way of the reconstructed and
widened Eagle/Victory intersection. Said sidewalk shall extend across the Aldridge
nrooerty alone F.aele Road to Falcon Drive and he located within a nubli
pedestrian easement.
• The Applicant shall contact Elroy Huff, Parks Department, for confirmation of the
caliper inches of trees to be mitigated, and approval of the tree mitigation plan. Per
UDC 11-3B-1Q the applicant shall work with the City Arborist, Elroy Huff, on
implementing the protection and mitigation plan for the existing trees on site.
Exhibit B-Page 14
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
• A written certificate of completion shall be prepared by the landscape architect, designer,
or qualified nurseryman responsible for the landscape plan. All standards of installation
should apply as listed in UDC 1 I-3B-14.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. The proceeding modifications and notes shall be shown on a revised landscape
plan submitted with the final plat application(s).
1.2.4 All commercial street buffers shall be on a common lot or on a permanent dedicated buffer,
maintained by the property owner or business owners' association, per UDC 11-3B-7C2.
1.2.5 Perimeter fencing shall be installed prior to issuance of any building permits on the site [o contain
debris during construction. Temporary construction fencing shall be installed where permanent
fencing is not proposed. All fencing shall be installed in accordance with the standards listed in
UDC 11-3A-7.
1.2.6 All existing buildings on the site shall be removed, prior to signature of the final plat by the City
Engineer.
1.2.7 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that
comply with the conditions of approval listed herein, prior to issuance of building permits.
1.2.8 A]l required improvements must be complete prior [o obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the
required improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
1.3 GENERAL, REQUIItEMENTS-PRELIMINARY PLAT
1.3.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application(s).
1.3.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC I 1-3A-17.
1.3.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stonnwater detention facilities incorporated into the approved open space are subject to UDC 11-
3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 1 I-3B-11.
If the stormwater detention facility cannot be incorporated into the approved open space and still
meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may
require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACHD, City of Meridian and all other regulatory requirements at the
time of final construction.
1.3.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.3.5 Underground, pressurized irrigation must be provided to all lots within this development.
1.3.6 Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of any natural waterways
(Ten Mile Creek) that intersect, cross or lie within the area being subdivided shall be covered.
This requirement doe not apply to [he Ten Mile Creek which is classified as a natural waterway
and must be protected as stated in UDC 11-6A-1 H. This requirement shall not apply to the
Beasley Lateral if the applicant improves it as a linear open space water amenity.
Exhibit B -Page 15
C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
1.3.7 Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
1.4 SITE SPECIFIC REQUIREMENTS -CONDITIONAL USE PERMIT
1.4.1 All comments and conditions of the accompanying Annexation and Zoning (AZ-08-007)
application and associated Development Agreement and Preliminary Plat (PP-08-006) shall also
be considered conditions of the Conditional Use Permit (CUP-08-011).
1.4.2 The Applicant shall comply with the Specific Use Standazds for drive-through establishments
listed in UDC 11-4-3-11 as follows:
a. All establishments providing drive-through service shall identify the stacking lane,
speaker location, and window (pneumatic tube) location on the plans submitted with the
Certificate of Zoning Compliance (CZC) application;
b. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons;
c. The stacking lane shall be a separate lane from the circulation lanes needed for access
and pazking;
d. The stacking lane shall not be located within ten feet (10') of any residential district or
existing residence;
e. Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane; and,
f. A letter from the Transportation Authority indicating the site plan is in compliance with
the authority's standards and policies shall be required.
1.4.3 The hours of operation for the pharmacy drive-through shall be limited to 6 am to 10 pm/7 days a
week.
1.4.4 The applicant shall submit a Certificate of Zoning Compliance application for the proposed
pharmacy drive-through with revised plans that comply with the conditions of approval listed
herein, prior to commencement of the use.
1.4.5 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above (UDC 11-SB-6F). If the drive-through use has not
begun within 18 months of approval, a new conditional use pemut must be obtained prior to
operation.
2. Public Works Department
2.1 Water service to this site is being proposed via extension of the 12 inch main located in E Victory
Road. The applicant shall be responsible to install at the developer's expense two water
connections one in E Victory Road and one in S Eagle Road due to fire flow requirements. The
applicant will also be required to stub a future connection to 3300 E Falcon Drive. The applicant
will be responsible to install water mains to and through this development, coordinate main size
and routing with the Public Works department.
2.2 Sanitary sewer service to this development is being proposed via extension of mains in E Victory
Road with service provided to 3250 E Victory Road. The applicant shall install mains to and
through this subdivision; applicant shall coordinate main size and routing with the Public Works
Department, and execute standazd forms of easements for any mains that are required to provide
Exhibit B -Page 16
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is
less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.4 The applicant has indicated the required pressurized irrigation system in this development will be
owned and operated by an irrigation district, therefore a letter of plan approval shall be submitted
prior to scheduling of apre-construction meeting. If it is to be maintained as a private system,
plans and specifications will be reviewed by the Public Works Department as part of the
construction plan review. A "draft copy" of the operations and maintenance manual will be
required prior to plan approval with the "final draft" being required prior to final plat signature on
the last phase of this project.
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, asingle-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.
2.6 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.7 Additional width to the public utilities, drainage and irrigation easement along the right-of way
shall be dedicated where the sidewalk is located past the right-of--way. The additional width
needs to be sufficient to allow for 10 feet of easement past the sidewalk.
2.8 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.
2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the azea being developed shall be tiled. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, altemate plans will be
reviewed and approved by the City Engineer.
2.10 Street signs aze to be in place, water system shall be installed and activated, sewer system shall
have passed air-testing and video inspection, fencing installed, drainage lots constructed, road
base approved by the Ada County Highway District ,prior to applying for building permits.
2.11 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, etc., prior to
signature on [he final plat.
2.12 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.
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
Exhibit B -Page 17
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
[hat may be required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.17 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.
2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of building pads are at least 1-foot above.
2.19 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public
residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire hydrants, and no further than
400' distance in between locations. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and permit from Building Department prior to
commencing installations.
3. Fire Department
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 '/:" 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 shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved tum
around on streets greater than 150' in length with no outlet.
3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius. The required turning radius shall be maintained adjacent to the landscape islands off
Taconic.
3.5 For all Fire Lanes provide signage "No Parking Fire Lane".
3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
Exhibit B -Page 18
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
3.7 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical
cleazance of 13'6.
3.8 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.
3.9 Building setbacks shall be per the International Building Code for one and two story construction.
3.10 Commercial and office occupancies will require afire-flow consistent with the Intemational Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D
3.11 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.12 Maintain a separation of Y from the building to the dumpster enclosure.
3.13 Provide a Knox box entry system for the complex prior to occupancy.
3.14 The first digit of the Office Suite shall correspond to the floor level.
3.15 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the Intemational Fire Code.
3.16 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.17 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.18 There shall be a fire hydrant within 100' of all fire department connections
3.19 Buildings over 30' in height aze required to have access roads in accordance with The Intemational
Fire Code Appendix D Section DI05.
3.20 Emergency response routes and fire lanes shall not be allowed to have speed bumps.
3.21 COMMERCIAL AND INDUSTRIAL -Buildings or facilities exceeding 30 feet (9144mm) or three
stories in height shall have at least three means of fire apparatus access for each stmcture. Two of
the access roads shall be placed a distance apart equal to not less than one half of the length of the
overall diagonal dimension of the property or area to be served, measured in a straight line.
3.22 The Fire Department strongly recommends that the access points depicted on the plans closest to
the Victory/Eagle intersection not be approved. If these access points are approved, the Fire
Department recommends that these accesses be restricted to right-in/right-out only as proposed.
4. Police Department
4.1 The Police Department strongly recommends that the access points depicted on the plans closest
to the VictoryBagle intersection not be approved. If these access points are approved, the Police
Department recommends that these accesses be restricted to right-in/right-out only as proposed.
5. Parks Department
5.1 The Parks Deparhnent has no concerns with [he site design as submitted with the application.
6. Sanitary Service Company
6.1 No comments were submitted by SSC for this project.
Exhibit B -Page 19
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
7. Ada County Highway District
7.1 Site Specific Conditions of Approval
7.1.1 The applicant is required to construct one of the following along Eagle Road abutting the site:
a) Construct a 5-foot detached concrete sidewalk, a minimum of 41-feet from the centerline
of the roadway; Or
b) Provide the District with a road trust in the amount of $9,600 for construction of the
sidewalk with the District's scheduled intersection project.
7.1.2 The applicant is required to construct one of the following along Victory Road abutting the site:
a) Construct a 5-foot detached concrete sidewalk, a minimum of 41-feet from the centerline
of the roadway; Or
b) Provide the District with a road trust in the amount of $10,000 for construction of the
sidewalk with the District's scheduled intersection project
Construct one of the following:
• Construct one full access driveway on Eagle Road located a minimum of 315-feet from the
near edge from the new curb line (measured near edge to near edge); AND
• Construct one full access driveway on Victory Road located a minimum of 315-feet from the
near edge from the new curb line (measured near edge [o near edge).
OR
• Constmct one right-in/right-out access driveway 220-feet from the north property line on
Eagle Road; AND
• Construct one right-in/right-out access driveway 215-feet from the west property line on
Victory Road; AND
• Install a 6-inch raised median from the intersection back 50-feet beyond the driveways to
restrict the turn movements. Coordinate the design and ultimate location of the raised median
with District Development Review and Traffic Services staff.
• Construct one full access driveway on Eagle Road located 427-feet from the northernmost
property line (measured property line to near edge); AND
• Construct one full access driveway on Victory Road located 25.5-feet from the easternmost
property line (measured property line to near edge); AND
Pave the driveways their full widths 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.
Commercial driveways are restricted to a width of 36-feet.
Other than the access specifically approved with this application, direct lot access is prohibited to
Eagle Road and Victory Road.
Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.2 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
Exhibit B -Page 20
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
7.2.3 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.4 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.5 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.6 The applicant shall submit revised plans for staff approval, prior to issuance of building pemmit
(or other required permits), which incorporates any required design changes.
7.2.7 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.8 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance.
7.2.9 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) 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) aze compromised during
any phase of construction.
7.2.10 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written conSnnation of any change from the Ada County Highway District.
7.2.11 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the 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 sought.
Exhibit B -Page 21
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
C. Annexation Legal Description & Exhibi[ Map
~~
Ytta LAND G80Ur, INC.
Marc.}t 14, 2008
Project No. 07167
Anncxntion and Rezone
DMG Real Estate Fanners
4.79 Acres
Etthibit °A"
A. tract of land for annexation and rezone putposca situated in a porlian of the
Northwest One Quarter of the NmUrwest Otte Quarter of Section 28, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, described as follows:
BEGINNING at a found loess cap monumenting the Northwest Comer of said Section 28
on the intersection of the centerline of Fast Victory Road and the centerline of South
Eagle Road;
Thence following the northerly line of the Northwest Qne Quarter of said Sea;tion
2$ and the centerline of said Fast ViLrory Read, South 89°35'51" Hasa a distance
of 530.00 foot to a point, which beats North 69°3S' S 1" West a distance aC
2,127.05 feet from a found brass cap monutnenting the North One Quarter Comer
of said Section 28;
Thence Eeaving said northerly line and said centerline, South 00°3]'02" Wesi a
distance of 2 W.UO feet to a found L'2-inch steel pin;
Thence South I8°19'S2" West a distance of 138.72 foal 6o a set S/8-inch steel pin;
Thattce North 89°35'51" West n distance of 245.57 feet to a sM 5!8•inch steal pin;
Thence South O5°2C05" West a distance of 103.63 feet to a set 5!8-inch steel pin;
Thence North 89°31' 13' West a distance of 90.01 feet W a set 518-inch steel pin;
Theme South 00°91'02" West a diatance of 71..75 feet to a set S!8-inch sleet pin;
Thence North 89°31' 13" West a distance of 92.85 feet to a set 518-inch steel pin
on the easterly right-of--way line of said South Eagle Road;
Thence following said easterly right-of--way, South DO°28' 1 I" Weal a distance of
34,86 feet to a set 5/8-inch steel pin;
Thence following said easterly right-of--way, North 30°03'45" West a distattcc of
29.53 fed to a set 5!$-inch steel pin;
Thence leaving said easterly right-ofway line, North 89°37'4$" Wcvt a distance
of 33.00 feet to a point on the westeriy line of said Section 28 and the centerline
of said South Eagle Road;
Thence following said westerly line and said centerline, North 00°28' 11" Nast a
distance of S 18.12 feet to the POINT OF BF.GMNING.
t>„6,7..ar~w,m„ . ss r , c~"ratyw„~ r.,yc..,k n~ro~, oEa . c..pw r<,,.,.~;..
a62 F'. SAnrr (lour, Ste. 100, E.gk, Ida6a 83616 ~ P 20a939.aM1 F MtH.9)9.M6) .
G:la~at\a'767\Adtnm\l.e~a\L eT16? aae3la ikrcxLLAm¢x.o°n,doc
Exhibit C-Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
l
`~
'YNC LANG QgppP, iNC.
The abovedescnbed tract of land contains 4.79 acros, more or less, subject to all existing
casements. and rightsrof--way.
This description is intended far annexation purposes only and shall nat be used for the
purpose of cony eyance.
Prepped By: THE. LAND GROttP, INC.
462 E. SHORE DRIVE, SU]TE 100
EAGLfi, IDAHO 63616
208-939-0041
208-939-0445 (FAX)
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lr~tiap"9n1r'rNwn +3w P6••iq{ • ~yi/F.npwrnig'e}"Cwu ing+M. bEagmw•d •G,epF: Ca<wmn'mli•s
462 F S}rcue C:.nre, Ste. 100, HopJ¢, Idix183616 • P 208939.M191 1' 2089)9.4441 • N•.7.,,~ygply__~,
G12007~01t67\Admio\Irx•6\1._0]161 090371 Pcs<'dA_AUncaaUendoc
Exhibit C -Page 2
3•ht•a$
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
Situated in a portion of
the Northwest 1l4 of the Northwest 1!4 of Section 28,
Township 3 North, Range 1 East, B.M.,
Ada County, Idaho
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C.P.gF.No. 94002908
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CURRENT TAR D13TRICT: RUT
PROVOSED TAX DISf1uCT: C-C
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PER CP&F No. 97003907
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FOUNC 5/8' ``.I
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Legend 3'~~'"O
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~~..,+~I Anne atlon~andRez ne
1 OF 1
Exhibit C -Page 3
CITY OF MERIDIAN PLANNJNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
A. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all the subject property C-C; the Comprehensive Plan
Future Land Use Map designation for this property is Mixed Use -Community. The City
Council finds that the proposed zoning map amendment complies with the applicable
provisions of the comprehensive. Please see Comprehensive Plan Policies and Goals,
Section 8, of the Staff Report for more information.
B. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The City Council finds that future development of this property will comply with the
purpose statement of the commercial districts and the established regulations of the C-C
zoning district, except for a reduction in buffer width adjacent to the residential use along
the southern property boundary. The applicant is requesting a reduced buffer width in
certain areas through Alternative Compliance with this application.
C. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds [hat [he proposed zoning amendment will not be detrimental to
the public health, safety, or welfaze.
D. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any
adverse impact upon the delivery of services by any political subdivision providing
services to this site.
E. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The City Council finds that all essential services aze available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public
funds. The applicant is proposing to develop the land in general compliance with the
City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance
with the findings listed above, the City Council finds that Annexation and Zoning of
this property to C-C would be in the best interest of the City if a Development
Agreement is required with the provisions noted in the staff report.
Exhibit D -Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan;
The City Council fords that the proposed application is in substantial compliance with the
adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals,
Section 8, and Analysis, Section ] 0 of the Staff Report.
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services are available to accommodate the proposed
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
C. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, staff finds that the subdivision will not require the expenditure of capital
improvement funds.
D. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e., police, fire, ACHD, etc.) to determine this fording. (See finding
Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in
Exhibit B for more detail.)
E. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council finds that the proposed development will not be detrimental to the
pubic health, safety or general welfare. ACHD considers road safety issues in their
analysis.
F. The development preserves significant natural, scenic or historic features.
The City Council finds that the proposed development will not result in the destruction,
loss or damage of any natural, scenic or historic feature(s) of major importance.
Exhibit D -Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
3. Conditional Use Permit Findings:
The decision making body shall base its determination on the Conditional Use Permit
request upon the following:
A. 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 City Council finds that the existing site is large enough to accommodate the
proposed use and comply with the dimensional and development regulations of the C-C
zoning district, except for the required buffer width to residential uses. The applicant is
requesting approval of Altema[ive Compliance for a reduced buffer width in certain areas
along the south property boundary. The City Council finds that if the applicant complies
with the conditions of approval in Exhibit B and the DA provisions listed in Section 10,
development of this site should meet the intent of the UDC.
B. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
The City Council finds that the Comprehensive Plan Future Land Use Map designation
for this property is Mixed Use -Community. The property is proposed to be zoned C-C,
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).
C. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
The City Council finds that, if the Applicant complies with the conditions and DA
provisions outlined in this report, the operation of the proposed drive-through use should
be compatible with other uses in the general neighborhood and with the existing and
intended character of the area. Further, the City Council believes that the proposed use
will not adversely change the essential character of the area.
D. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity.
The City Council 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.
E. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and Sre protection,
drainage structures, refuse disposal, water, and sewer.
The City Council finds that the site will be adequately served by the previously
mentioned public facilities and services.
F. That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
If approved, the Applicant will be financing any improvements required for development.
The City Council 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 D -Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
G. That the proposed use will not involve activities or processes, materials, equipment .
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare, or odors.
The City Council recognizes that traffic and noise is a concern; however, the City
Council does not believe that the amount generated by the proposed new use of the
property will be detrimental to any persons, property, or the general welfare of the public
as there are no nearby residents. The City Council does not anticipate the proposed use
will create excessive noise, smoke, fumes, glare, or odors.
H. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic, or historic feature considered to be of major importance.
The Ci[y Council finds that there should not be any health, safety or environmental
problems associated with the proposed use. The City Council finds that the proposed use
will not result in the destmction, loss or damage of any natural, scenic, or historic feature
of major importance.
4. Alternative Compliance Findings (UDC 11-SB-SE):
A. Strict adherence or application of the requirements is not feasible; OR
Staff finds that the subject property has space limitations due to its size and irregular
shape, which makes strict adherence to the buffer requirements not feasible.
Staff finds that the proposed alternative means of request for Alternative
Compliance provided that a minimum 6-foot tall verb-crete wall is constructed
adjacent to all areas with a decreased buffer width and minimum 6-foot tall solid
vinyl fencing is constructed in all other areas along with added landscaping along
the entire boundary adjacent to residential uses. This does, in fact, preclude full
compliance with the City's landscaping standards.
B. The alternative compliance provides au equal or superior means for meeting the
requirements; and
Staff Finds the alternative compliance proposal [o constmct a verti-crete wall in areas
where the buffer is below the required 25-feet and 6-foot tall vinyl fencing in all other
areas, and added landscaping along the entire perimeter adjacent to residential uses does
provide an alternative means for meeting the City's landscape buffer requirements.
Therefore, Staff supports the proposed concept landscape plan, as depicted in Exhibit A.
C. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
Staff finds that the proposed alternative will not be detrimental to the public welfare or
impair the use/character of the surrounding properties.
Exhibit D -Page 4