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HomeMy WebLinkAboutShops at Victory AZ-08-007 PP-08-006 CUP-08-011 ALT-08-012 (2)CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (~i~'~E IDIAN~-- l1~AliO 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-II/DMG, LLC. Case No(s). AZ-08-007; PP-08-006; CUP-08-011; ALT-08-012 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-OS-007; PP-O8-006; CUP-OS-011; ALT-08-012 -~- 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I 1-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 aze 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 Deparhnent, 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 March 17, 2008 by Aaron 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 heazing date of August 26, 2008, incorporated by reference. The applicant's Preliminazy Plat as evidenced by having submitted the Preliminazy 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 aze as shown in the attached Staff Report for the hearing date of August 26, 2008, incorporated by reference. CITY OF MERIDIAN FINDINGS OP FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-007; PP-08-006; CUP-OS-011; ALT-08-012 2 D. Notice of Applicable Time Limits Notice of Preliminary 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) year 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, maybe 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) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-007; PP-OS-006; CUP-OS-OI l; ALT-OS-012 -3- 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. 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 PACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-007; PP-08-006; CUP-OS-011; ALT-08-012 -q_ By ction_of the City Council at its regular meeting held on the (~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED (i,~ ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED~G~ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) .~"__ ~ 1 \ 1V,~ayor Tattimy Weerd Attest: ,`~`~~~ O„appga ~'~~v \ ~ Fo ~ _ - SPAL _= aycee an, City Clerk ' ~ ~~~ ',, 9~ 4'~sr tst ~ ~~,~~ P ~. ~~..~M- _. A .~~ Copy served upon Applicant, The P1atYtri~g,~~e~paxttf?ent, Public Works Department and City Attorney. BY~ ~~~_~.ttr4_.1Z_ C~~.,~}~CiW~P.~~ Dated: ~(- (~ - y City Clerk' Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-007; PP-OS-006; CUP-08-011; ALT-08-U12 -5- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARTNG DATE OF AUGUST 26, 2008 STAFF REPORT Hearing Date: August 26, 2008 C~~~'E IDIAN~-- TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner I t} A N 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. Altemative Compliance (ALT) is requested for a reduced buffer width in certain areas adjacent to the residential use along the southem 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 for 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 Altemative Compliance applications. Staff is recommending approval of the proposed development (AZ-08-007, PP-08-006, and CUP-OS-011) with the Development Agreement provisions listed in Secfion 10, and the conditions listed in Exhibit B of the Staff Report. Note: Per UDC 11-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 PAGE 1 CITY OF M ERIDIAN PLANNING DEPARTMENT STAFF REPGRT FOR THE HEARING DATE OF AUGUST 26, 2008 has included analysis on 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 Julv 17, 2008. At the public hearing on Julv 17, 2008 they moved to recommend approval of the subiect 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. Ke v 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 verb-crete wall fencing along the south property boundary: iii. The number, type (right-in/right-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. Ke v Commission Change(s) to Staff Recommendation: i. Modify DA provision #g, pace 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 ACHD distance requirements for intersections. Allow both access points to/from Victory Road, as proposed by the applicant. d. Outstanding Issue(s) for City Council: i. Access points to/from the site a. ummar L In fa v of City Council Public Hearine: vor: Brian Ballard: Tamara Thomason: Bob Aldridne: Bob Carpenter ili In o jji, Com lY. pposition: None m n inn: Nate Wheeler Crary inselman arv Funkhouser. Stanley Consultants (Traffic F.nnineerl ~, y, tof yj, Oth ev Issu i. he iL he f nresentin¢ aonlication: Anna Canninn er staff commenting nn aonlication: None es of Discussion by Council• timing of the Eagle & Victory intersection improvements: nroximiri of the southernmost driveway on Eagle Road in relation to Falco - I~IIY ilL Whe @ ther it's prudent to approve new development without the intersection einQ complete and adding more traffic to an already congested area: lY, he oossihiliri of the applicant doinn some of the intersection improvements wit eve lopment of the site and being reimbursed throunh impact fees or other means c, Kgy Cou i. Stri ncil Channec to Staff/Commission Recommendation ke the portion of DA provision #i that requires a pedestrian access to be prov ided to the property to the south for future interconnectivity. Shops at Victory AZ PP CUP PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2005 • * Non imnrovemQIlls. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- - 007, PP-08-006, 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 J Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- - 007, PP-08-006, and CUP-OS-011, 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-08-007, PP-08-006, and CUP-OS-011 to the hearing date o (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 comer 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 f. 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 areas 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 deternned 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. 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 Title 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 (Gifu Council) e. Radius notices mailed to properties within 300 feet on: May 23, 2008 (Commission); An>sIISt 1, 2008 (Gifu Councip f Applicant posted notice on site by: June 4, 2008 (Commission); August 12, 2008 (City Council) 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: 1. North: Single-family home on a lazge rural pazcel, 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 lots on 22 acres.) 3. South: Single-family homes on large Waal 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) £ 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. La ndscaping 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 requesting 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 a[ 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 area 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 are 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+/- fee[ 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, Sec[ion 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 are included in Exhibit B of this report. S. 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 are 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 square 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 finds 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 die 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 pazcels. 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 for 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 at Victory AZ PP CUP PACE 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~om 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 [he 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 the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district 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, offce 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 Victory AZ PP CUP PAGE S 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 C•C Front setback in feel 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 Ent a 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 ins uare feet 7,500 60,000 Parking requirements See Chapter 3 Article C. off-street arkin and loadin re uirements Landscaping requirements See Chapter 3 Article B. landscaping re uirements *All setbacks shall be measured from the ultimate rightof--way for the street dassifiption as shown on the adopted Transportation Plan. *`minimum setback only allowed with reuse of existlng residenBal structure. ***Where the adjacent property is vacant, the Diredor shall determine the ad'acent roe desi nation based on the Com rehensive Plan desi nation. 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 findings for annexation. The proposed annexation area consists of a combination of two parcels; 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 pazcel is enlarged 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 [prepazed 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.f; "Pad B" consists of 7,065 s.f; 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 aze required; 133 pazking 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 Elevafions: 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 the proposed elevations. Buildings constructed on the site shall substantially comply with these elevations. Hours of Operation: Hours of operation for [he 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 aB 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 10 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 I1-3D. d. The request for Alternative 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 verti-crete wall adjacent to the residential property to the south in the azeas 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 Aldridge..: property.. along Eagle_ Roa_ d to Falcon Drive_ and be located_ wthin_ a public pedestrian easement. g. Access to this site shall only be provided from one full-access and one right- n/right-0ut_access to/from Eagle Road ' .and one full- access and one right-in/rieltt-out access to/from Victory Road is-allowed, as proposed by the applicant ~~ :e.f f../F«n... [l:nf..«.. Dnn.1 «l,° '~°°'~~°° °° °°°a ~° "''II^. Any other access points to/from the site are prohibited. h. Across-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. ^aa:.:^^^"°, ^ ^^~a° ^°a°^f^^^ .. /....f6..,.... ....A 6«°..L :.. fh° Fn..nn /...nll\ an a6°.. fl.° «....f6 F « w....e...,... fir....... ,.~ wav vavur ° np[]nnf«:n~•n n fn ft.° n n°~ n :..~ a°..°~°~mn.,f rvu 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 standazds listed in UDC 11- 3B-10 for protection of existing trees [hat are proposed to be retained and existing trees 4-inch caliper and greater that 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 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 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 Eaele/Victorv intersection imornvements shall he cnmolete orior to releas of occunancv for anv buildines within the site or the auulicant shall work with ACHD to determine a funding mechanism for the intersection imorovements. 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 1 I-2B-3 for the 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 Altemative 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 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 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 11-3B-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-1 OC. 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 S lanes an 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 the ultimate right-of--way of the reconstructed and widened Eagle/Victory intersection. Sidewalk may be located within the required buffer azea. • 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 I 1-3B-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 contirmation 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 standazds of installation should apply as listed in UDC I 1-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the 5na1 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 requesfing 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 [o 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 Srst, a right-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 ACHD. 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 V ictory AZ PP CUP PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 Road to restrict left-in/left-nut 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 1Q 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 ACRD 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 [he 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 6-foot 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 permits 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 standards listed in UDC 11-3A-7. Ditches, Laterals, and Canals: There are 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 [he 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 imgation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) pemut is to ensure that all constmction, 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-SB-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 Yo building/parking 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-A-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 ~_ CITY 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 lane 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 sufficient 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 if needed. - 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 Certiftcate of Zoning Compliance application jor the drive-through window. Hours of Operation: The proposed hours of operation for the drive-through pharmacy are 6 am to ] 0 pm/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. Staff Recommendation: Staff is recommending approval of the proposed development (AZ-08- 007, PP-08-006, and CUP-OS-011) with a Development Agreement and the conditions listed in Exhibit B of the Staff Report. The Meridian Plannine & Zoning Cormnission heard these items on June 19, and July 17, 2008. At the public hearin¢ on Julv 17, 2008 they moved to recommend approval of the subiect AZ, PP, and CUP request. The Meridian City Council heard these items. on August 26, 2008. At the_ public hearing the Council approved_t_he subiec_t__AZ, PP, and CUP request. Shops at Victory AZ PP CUP PAGE IS CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 11. EXHHiITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat (Dated: 4/18/08, 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. Parks Department 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 I. 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) ~- -"- L VC~UP 40~p . ,: _ _ ~K Yi .. 't F ~- ~ -- r~~ '~ee:~r- ~ -" ~ i x ~ t . x ~ 1 r_.. men w „. _._ _ ~, L~ ~ ~w~ ~ ~ ~ ~ ~'~r ~ «L~Y ~ ~ f 9 m ~ {{ gJ~ L ~ ~ ~I rl ~ ~, i I i i d Iµy' i ~! , ~i.) f''IS r'`7 .~~ ~°G.' MP33MVF~ :~ea_ -- m ~' ~ ~ Wr ~~ ~ N~ ~. © I _ ~~~ 4 n ~ m E c a E m 3 a ~ r ~i~:tr ~~ ~.R.~S.i°5~'Si l~i~~d~'E~. iPCSGiT~~~x"' •^ -oras'szr. Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 3. Conceptual Site Plan (Dated: 4/18/08, Revised: 4/24/08) rr~-;?- I¢ I I ~° I D L F 7 { ~~.~ ( ~ J fv ;;~^ ~,. 2928 ? n ~`> Site Plan / l ~ T A 1/ (J \1- _ ~l ~ ~ .. z, ~~ n , iw, ; ~ ~ .~ ~ ~ ' ~ ~ ~ ._ i ~. ' , L e~ 7 VnJ P p WM ~ a ~~ .. ... ., . a.. ~ ..... ~.~.....: 4s Se~cM .~ ! ®¢®¢ ....aN ~. ~..~ P «...~ .v,_.~_ ~~ Exhibit B -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE REARING DATE OF AUGUST 26, 2008 4. Landscape Plan (Dated: 4/18/08, Revised: 4/24/08) z0~2~ _~ - E VICTORY ROAD-- y r. i ~, _ i ~~{ ~ 4 ~ -~~ C ~ , ; _ ~ ~ r ' ~ ~ .~ • '~c: ~, ~~ i - ~ m Sid . Y i, :p, .dt•'c o I I N I _. ~ ' N ~ ~~ r~ ~ 1 ~ m ~. rv ._ 5 k i _. ty~r __ " i i __ ~ ~~-~ ~ ~ _ _re ~ v I W ~ J Y III ~ ~ - Q~ .. wt ... . .~... .. ,_m • 1 _. ' ~ ~ ~ . _... . _... I ~ ~ E ~ ~ ~ ~ ~ ~ Z ~ Q ' # - ~~ ~ ~~ ~ OECIDUGUS TREE PLANTING ~Y ~ w !v ~ ~ ~ ~ O ~ f tr r I '~„_/y T ~ PRO U1}TFGNB '. ~ ,3sHRDB PLAMmG. ~ + 1i .IFffSG U ~~~ ~~ ~~ ,. "" .I - -..~ . .,e '._~... ....-. I Yv ..- t :: y .. ~ _ ~ 1 Yw'~ m .. .~~ ~ ; : 4 ,PLANTER BFD CUT EDGE PLANT SCHEDULE - s=:_' 9u ~ rein .. ~.`-. .... S .~i1C~1P~' ~ -'~ ~~as EXISTING TREE. 4EStE.NQ ~•I S ':-ly4~ ~... .._ - e~.~.. . \r...~. ~wMitFiwu -- ~r _... «...... .m... ~.... ., L w ~~ CONIFEROUS TREE PiJWTiNG --- 2 ,.,.... ~~`~~~~ j ~ LAND$GAPF LEGENQ ,.... I +~ x I ~ --~ - '• - , s ~ ~ ~ ,-_ i ... ...< __ ,.... .. ~._o., i S~,LANDSGAPE WALL (.BOtlYCBOR PIBO ~~~vwe u LI.U e Exhibit B -Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 5. Fencing Plan Zo.2~ - zs~2e i i' ~ ~~ :a.,r. f I 1~ i ~~ e i .~ '~ ~i-~. b 5ol:d vinyl ....,~~ I ~il Nn• ~ ~ b' Ve.~icrt+e war PRO~~~T CAI,,CULATIONS ~....~. IM~~' ~ 6d •"' vinyl r .Erne! Exhibit B -Page 5 . _ _ _. - , , -- - :.-, F.. VICTORY ROAD .-- . CITY OF MERID]AN PLANNING DEPARTMENT STAFF REPORT FOR'IHE NEARING DATE OF AUGUST 26, 2008 6. Building Elevations PN A-4Pt lNVPMan "'~i '~~el )~p4 is ~ o r• ~1 1 E@ ~~~i „: ,. i W. Exhibit B -Page 6 Pa0l4Weq ENVNbn CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 CJ 3,;¢as ~RSiE ck~~ m -a ~':: ~ ~` ~'°~ fc s 8>@ ~u. E>~ ~§e~3 :: N J p W -. Y Exhibit B -Page 7 vw BiautnElw~HOn CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 0 ~ 0 I~~zs ~~li !~5$ dF~ ~.E yy '! >m d ~' S r'°~ ` _.- 1 f ~~s €~~( !F PI ! 1 '. W; Exhibit B -Page 8 vaa axortn ewvanoP Paa 4EU< Elwafxn Paa GWUt llwNlon Paa C~SMIM ElavatlOn 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 Boundary Adjustment ADA COUNTY DEVELOPMENT SERVICES ~ t Frio.e z~~• sc--tsnn F V ^bb ?~: 7(xlp HN l4' f[tONT. Bt?I°_E. ;D^.LiCC .n? 7JI H1 ~"'°r _. bL'ILD[SG E\GLCEEI2ISG FLA]7T\G "hOtil\G '~tav e, 2008 DMG Real Estate Partners/ R Greg i;,oins 350 N. 9w Suite 201 Boise ID, 83702 RE: PROJECT Nl'MBER 290!!0036-PBA. Application ibr a Property Boundary Adjustment involving Tax Parcel Numbers Sl 128223075 and 83193250010 located at 3210 S Eagle Road, Meridian, m, Township 3 North, Range I East, Section 2R Dear Applicant (kl April 7, 2008 Ada County Development Services received vuui application fur a property boundary adjustment. Based on staff's review of the Ada County Cocie, this application has been given tentative approval, sutryea to the Conditions of Approval listed m Exhibit"A". Please note, this approval shall become null and void if the Conditions of Approval have not been me4 and if you have rot obtavied a valid Zones Certificate within one (1) year of the date of this approval letter. I~his deterrninahon was made based upon current information contavted in the public record and interpretation of the Ada County Zoning (hdinance. You may appeal this decision to the Board of Ada County Comnussioners. 1 o do so, you must file the appeal within hkrnn davs of the date of thts letter. the lee for filing an appeal is 535(1. Pursuant to Idaho Code § 67-6535, this letter is ro further inform you that to the extent a final decision has been made on asite-specific land use reyues4 an applicant has the right to request a regulatory takings analysis under Idaho Code § 67-8003. If you have anv questions, 1 can be reached at (206) 287-790]. Sincere`ly(,~, vv _ Sid Anderwn, Planner 11 Ada County t>PVelopment Servkes n. Mark Per(e~t, Planner III Supervisor; Ada Cowrty Devebpmeru Services Scmya Wattars, Assa~iate City Planner; ivteridian Cit\ ItuiW M2lN7N(MM156-PHA _ _.. __ _. DMG 1(ioirtt FL¢e I oti Exhibit B -Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 STAFE ANALYSE5 This application is for a Property Boundary Adrystment involving Tax Parcel Numbers SI 128223075 located at 3210 S Eagle Road and 83193250010 kxated at 1300 E Falcon Ihive. On April 4, 2008 Ada County Development Services received your application for a property boundary adjustment On April 7, 2008 your acceptance letter was sent to you ind hating shat your applicaton would be acted upon within GO days. There is a single family residence located on each of the properties. Parcel number 837193250010 contains 4.8 acres, it is zoned RUT, it is lot 3 of Golden Eagle Estates and was platted in 1974. This property is a 4.8 acre legal nonconforming lot and will become a conforming parcel containing 5.0 acres. Parcel number 5 1 128 22307 5 contains 3.9 acres it is zoned RU'C and was created on 8/ 18J2006 by instrument number t0613404ti. This parcel was split form parcel 51128273(770 when a portion of the property was deeded to Ada County Highway Distract. Parcel number SI128223070 was created in 1954 and was 5 acres per deed recorded in book 392 and page 250. Since this property was conforming prior to it being reduced by governmental action it is deemed a conforming property for development purposes. This property contains 3.9 acres and will be 3.6 acres this property will be annexed into the city of \4eridian. APPLICABLE LAW This section details Ada County zoning ordinance regulations and other applicable standards regarding development of ttre subject property. 6-0A-t9 PROPERTY REDUCED BY GOVERNMENTAI. ACTION: If a governmental action (such as acyu sihon through proscription, purchase, or other means by the Ada County highway district, Idaho transportation department, utility company or corporation under the jurisdiction of the Idaho public u [ilities commission, or other la:al, state, or federal agency) reduces an existing property below the required property size, such property shall be deemed as a conforming property for the purposes of development. See also section 6.16.3 of this title. (Ord. 389, bt4-ZOW; amd. Ord. 591, 7-27- 2005) 2. Section S~3C-4: PROPERTY BOUNDARY ADJUSTMENT STANDARDS: A A property boundary adjustment shall not reduce the property size below the minimum dimensional standards prescribed by this tide including regulatlons for individual wastewater treatment systems and wells as set forth in sections 8-0A-22 and 8-4A-23 of this title respectively. B. If one or more of the properties is norconfotming as to the minimum dimensional standards prescribed by this title, the property boundary adjustment shall not increase the nonconfomuty. rroi«i xzoosoau~-ron DMIl / Quiuy Pxgc 2 d S Exhibit B -Page J ~ 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 pubhc 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 plaited lots, the property boundary adjustn~nt shall be in substantial conformance to the recorded plat. Section B-lA-1 Definitions SUBSTAN'ITAL CONFORMANCE: A final plat shall lie deemed to be in subst~ttial conformance to a preliminary plat provided that the final plat represents no increase in the number of lots as approved for the preliminary plat and a ten percent (10%) or less deviation bf any dimensional standard shown on the preliminary plat, provided that the density and lot dimensions meet the standards of the zoning base district. Unless required by a publir highway agency, 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 notbe deemed in substantial conformance. Final plats th rural districts and the RUT and RSth~ districts shall be allowed a twenty five percent (25%) deviation of dimensional standards 3. Section BjfC-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 standards in Section S-4C-4 of this Title. FINDINGS OF FACT if any of these Findings of Fact are deemed Conclusions of Law, they are incorporated into the Conclusions of Law section. The Director finds that Project Number 200800056-PBA complies with Section S-4A-19 of the Ada County Code as follows. Parcel number 51128223t)70 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 51128223075 this property is deemed a conforming property for the purposes of development The Director finds that Project Number 200800056-PBA complies with Section 8-4C-5, A- E of the Ada County Code as follows: A. As conditloned the property boundary adjustment will not reduce the properly size of the parcels below the minimum dimensional standards set Forth in their respective districts. ProjrU N20f)B000SGPBA DM6 /Groins Page i of 5 Exhibit B -Page 1 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 B. As evidenced in the record, Parcel A is a conforming property based on the dimensional standards set forth in the RUT District for the property before it was reduced by govemmenYal action. As evidenced in the record Parcel B is a nonconforming property based ~ the dimensional standards set forth in the RUT District. Parcel B will be increased in size and will become a conforming property. Thus the property boundary adjustment will not increase the nonconformity of a nonconforming properly. C. As evidenced by the wbmitted site plan drawing, the property boundary adjustment does not change or move any public streets, private roads, easements, or publicly dedicated areas in any manner. D. As evidenced by the submitted site plan drawing, the property boundary adjustment will not coretitute the relocation of property. E. As evidenced by the submitted site plan drawing. the property boundary adjustment will not constitute a relocation of the property. F. As evidenced by the record the submitted site plane complies with Section & 9C-5, F of the Ada County Code as follows: As evidenced in the record Lots lot 3 of Golden Eagle Estates contains 4.8 acres. Per the code, the maximum allowed dimensional deviation is 25R N the RUT 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 th substanhal conformance with the recorded plat. CONCLUSIONS OF LAW If any of these Conclusions of Law are deemed Findings of Fact, they are incorporated into the Findings of Fact section. ]. The Director concludes Protect Number 200800(Y6-PBA complies with Section 8- 30-5 of the Ada County Code. OADF.R Based upon the Findings of Fact and Conclusions of Law contained in this Staff Report, the Director tentativety approves Project Number 2t1OB0005b-PBA, subject to the Conditions of Approval attached as Exhibit A. Proicct B2Q0A0U(>56-Pt3A DMO / Wuu t`agr 4 of 5 ExhibitB-Page l2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 E7CHTBCT A CONDITIONS OF APPROVAL PROJECT NUMBER ZI)~00()5frPBA DMG Real Fatale Partners/ R Greg Goins REQUIRED ACTIONS. THE FOLLOWING LIST DETAILS THE TASKS THAT MUST BE COMPLETED BEFORE THE APPROVAL OF PROJECT NUMBER 20(1800056~PBA WH.L BE CONSIDERED FINAL THE APPLICANT AND/OR OWNERS SHALL HAVE UNTTi. ONE YEAR FROM THE WRITTEN 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. The applicant and/or owners shall cause the property ro be surveyed and a record of survey recorded. 2. The applicant and/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. 4. The applicant and J or owners Mall cause parcel "A" to be annexed into the city of Meridian. The applicant shall complete condition number 6 after Meridian City Council has voted to approve the annexation for parcel "A", but prior to the ordinance being adopted and published. S. The appli~ ani and/or owners shall provide the following documentation 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 ntunbers. d) Documentation that parcel "A" has been approved for annexation by Meridian City Council. 6. Upon completing the above tasks, the applicant shall request a letter from the Director stating that the Property Boundary Adjustment has received fowl approval. 7. If the property is not annexed into the Ciri of Meridian within one year of the date of this letter fife number 200080U56PBA will becomenull and void. Project N2IX)SOW56-PBA f1M[; /Groins Paga 5 of 5 ExhibitB-Page l3 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 witbin 1 year of City Council action. (The Plauuing 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-7.2b, 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- foot wide buffr 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 to 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 Aldrid¢e orooertv along Eagle Road to Falcon Drive and be located within a oubli 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-10, 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 11-3B-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 to contain debris during construction. Temporary construction fencing shall be installed where pem~anent 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 pernuts. 1.2.8 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.3 GENERAL REQUIREMENTS-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 11-3A-17. 1.3.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater 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 11-3B-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, Ciry 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 the 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 1 S CITY 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 REQUII2EMENTS -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 Standards 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 parking; 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 standazds 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 [hat 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 pemutted in accord with the conditions of approval listed above (L1DC 11-SB-6F). If the drive-through use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. Public Works Department 2.1 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 [0 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 standard 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-gade 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 pas[ 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 maybe 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 area 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, alternate plans will be reviewed and approved by the City Engineer. 2.10 Street signs are 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 the Snal 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 that maybe 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 corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway Beater 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 turn 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 taming 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 clearance 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 International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D 3.11 The fse 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 sepazation 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 International Fire Code. 3.16 All portions of the buildings located on this project must be within 150' of a paved surface as measured azound 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 International Fire Code Appendix D Section D105. 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 structure. 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 azea 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 Victory/Eagle 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 Department 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 to near edge). OR • Construct 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 tum 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 2~ 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 may be 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 ACHD 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 pemvt (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) a[ leas[ two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are 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 [he applicant to obtain written confirmation 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 & Exhibit Map ~~ THB LAND GNDUP, 3Ne. March 14, 2W8 Project No. 07167 AnncxaGon and Rczonc DLIG Real Estate PatVters 4.79 Acres Etthibft "A" A tract of land for annexation and rezone purposes situated in a poAion of the Northwest One Quarter of the Northwest (Ate Quarts of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described a9 follows: BEGINNIIJG al a found hresa cap monumenting [he Northwest Comer of said Section 28 on the intereection of the centerline of Fast Victory Road and the centerline of South Eagle Road; Thence following the northerly line of the Northwest Otra Quarter of said Section 28 and the centerline of said East Victory Road, South 89°35'51" Nast a distance of 530.00 feet to a point, which bears North 89°35'51" West a distance of 2,127.05 feel from a found brass wp mnnumcnting the Nonh One Quarter Comer of said Suction 28; Thcvcc leaving said northerly line and said centerline, South UO°31'02" Wesl e distance of 2 W.OU feet to a found 1/2-inch steel pin; Thence South I8° 19'52" West a distance of 138.72 feet to a. set 518-inch steel pin; Thence Notch 89°35'51" West a distance of 245.57 feet to a set 5!9-inch steel pin; Thence South 06°2606" West a distance of 103.83 feet to a set 5!R-inch steel pin; Thence North 89°31' 13' Wuwt a distance of 90.01 feet W a set 5/8-inch slat piu; Thence South 00°31'02" West a distance of 73.75 feet to a act 5(8-inch steel pin; Thence North 89°31' l3" 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 00°28' 11" West a distance oC 34.86 feet to a set 5/8-inch steel pin; Thence following said easterly right-of--way, North 30'03'46" West a distance of 29.53 fea to a set 5/8-inch steal pin; Thence leaving said easterly rightof--way line, North 89°31'48" West a distance of 33.00 feet to a point on the westerly 1me of said Section 28 and the center]inc of said South Eagle Road; Thence following said westerly lint and said centerline, North 00°2R'1 I" East a distance of 518.12 feet to the POINT OF AF-GINNING. t>mhropr AnhiprHn •SM r'4xw.gt•Cari Eggxriug Csf"Csnr Lr{p~Pioa bE:grean,g •Gm/+6w Cessxmn.• 462 F. Shrnc pnve, Sre 100, FiyJq tdah° ffi616 • P 208.939,40{1 F 2DB.939.4N5. ~~ G:\a007\0!707\AdtDm\Le®Jc\L 0'1167 080370 YerccLLAnnrceamn.d°c Exhibit C -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 ~, a i.r YHIS LAND ORDI~P, (NG. The abovedcscribod tract of land contains 4.79 acros, more or less, subject to all existing easements and rights-of--way. This description is intended for annexation purposes oNy end shall not be used for the purpose of conveyance. Pn;pered By: THE LAND GRO(tP, A7C. 462 L'. SHORE DBIVE, SUIIE 100 EAGLE, IDAHO R3616 20R-939-004I ?.OS-939lMS (FAX) ~EVt ,,~y~ 9V ~Q~~ PUB ~~p. mdrrpt..9ndrmtnn .Sin PAwa'ng . GdE~xrmig • Ge§'Cana Imo. tY E~,:menrg • GYsy.6w Cnermusim/ieai 462 E Spnrc Crive, Sm, tIXl, 8.8Jc, ldino 83616 • P 208.939.4W i P 206.434.4Mu ~ rhel ~ gmt.<n°~ ~~:VZWiVI)1tG71AJmn\C.rgalsl,l._ty*76i O8e314 peadA_Annrxalwadoc Exhibit C -Page 2 3•h•d8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 Situated in a portion of the Northwest 1 /4 of the Northwest 114 of Section 28, Township 3 North, Range 1 East, B.M., Ada County, Idaho Fg1ND BRASS CAP NW CDRNER S£CTIDN 28 C. P. dcF.No. 940029Q$ E. VICTORY ROAD M 0 3 ro N O N Q ' ~' 0 a~ ~W.t ' ~' ~; ~' MAY4t21'~ M ~ryit9 S11Z82Z3975 CURRENT TAX DIS t'RICT: RUT PROPOSED TAX DISTRICT: GC 4.791 AC. FDUND BRA55 CAP N 1/~ CDRNER SECIICN 2$ PER CP&F No. 97003901 2t 28 0 589'35'51"E N 2127.05' (iOLOF.N 1:ACiLR ESTATES ,W N89'31'13"W o ~ o~tNb 1„uy~ 90.01' N oM t7pLUENEAULE ~9`bG N3oro3'as"w ~ ` EsTAres 4 29.53' o. x,12459 89'3i'13" SO'31'02"W '~~?B 73.75' 99.85 g 3 , '~ . Qg sozs•„•w Le end _ ' 34.86' Fawn aRASS cAP . ~NE9'31'48"W $ Fawro s/a^ sTEFl Pw 29 2a 33.00' /\ O ssr s/e' sneL Pw FOUNC SJe" ~ -®- FOUND 1/2' S1EEL PIN ST[CL PIN ® GAL.CULATEp PdYT N 1/16 CORNER _ BOl.N9p8v LIIE SEC110N IJME _..__ ENGlNE£Rl911RVEYOR PROJECT INFORMATION SCALE: ~^: tav -: r'%~ •_~.. ~«~.. EXHIBIT "B" °','°.us '. ~ ~ """'~ PROJECT N0.07187 . ~w ~,~ °x-w..~.. ~,:.~. Parcel S 1128223075 -r ~~.,;,~ a:~*,„,~„„..,, Annexation and Rezone 1 QF 1 Exhibit C -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 D. Required Findings from Unified Development Code L 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 fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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 fmds 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 I1-SB-3.E). The City Council fmds 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 Endings 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 MERiD1AN 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 finds 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 10 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 fmds that public services aze 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 finding. (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 welfaze. ACHD considers road safety issues in their analysis. F. The development preserves significant natural, scenic or historic features. The City Council fmds 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 Alternative Compliance for a reduced buffer width in certain azeas 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 Plau and in accord with the requirements of this Title. The City Council fmds 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 regazding 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 azea. 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 fire 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 welfaze. 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 persous, 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, glaze, or odors. A. 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 City 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 destruction, 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 fmds that the proposed alternative means of request for Alternative Compliance provided that a minimum (Moot 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 standazds. B. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff fmds the alternative compliance proposal to construct 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