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HomeMy WebLinkAboutShops at Victory AZ-08-007 PP-08-006 CUP-08-011 ALT-08-012CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Cri~E IDIAN~~ In the Matter of the Request for Annexation and Zoning of 4.79 Acres from RUT (Ada County) to C-C (Community Business District); Preliminary Plat for 3 Commercial Building Lots on 3.68 Acres; Conditional Use Permit for aDrive-Through Pharmacy in a proposed C-C Zoning District within 300 Feet of an Existing Residence; and Alternative Compliance is Requested for a Reduced Buffer Width in Certain Areas Adjacent to the Existing Residential Use along the Southern Property Boundary, by LDR-IUDMG, LLC. Case No(s). AZ-08-007; PP-08-006; CUP-08-011; ALT-O8-012 For the City Council Hearing Date of: August 26, 2008 (Findings on the September 9, 2008 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of August 26, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 26, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 26, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 26, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O8-007; PP-OS-006; CUP-OS-OI l; ALT-08-072 -1- 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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 byreference. 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 aze 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 Aazon Ballard, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of August 26, 2008, incorporated by reference. The applicant's Preliminazy Plat as evidenced by having submitted the Preliminary Plat, dated 4/24/08, is hereby conditionally approved; 4. The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan, dated 4/24/08, is hereby conditionally approved; 5. The applicant's request for Alternative Compliance is hereby approved; and, The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of August 26, 2008, incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-007; PP-08-006; CUP-08-O1 l; ALT-O8-012 -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 aze 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 perrnit 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-O] l; ALT-OS-O12 -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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 26, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-007; PP-08-006; CUP-OS-OI l; ALT-OS-012 '4' B ction of the City Council at its regular meeting held on the ~~l day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED~G~- COUNCIL MEMBER CHARLIE ROUNTREE VOTED GIB COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy~cl Weerd Attest: ~o`~y OF ~t~0~/q ti~ ~~ ~~ c?~`~ocw°~ rFG Jaycee hnan, City Clerk - ~F'AL M .y $ ''o, 90 4'~r ts~ • ~ PAZ` `.~`: Copy served upon Applicant, The PYapy~ih~~a;tm~(th`~~ublic Works Department and City ~Oj~ni r n n i n n,1`~~~ Attorney. BY~ X1~-S~c S~A~ ~ Dated: ~ ' ~ ~ ' (~ 6 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-OL1; ALT-08-012 -5- C[TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 STAFF REPORT Hearing Date: August 26, 2008 TO: Mayor & City Council (~i~E IDIAN ~-- FROM: Sonya Watters, Associate City Planner " 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 aeeas adjacent to the existing residential use along the southern property boundary 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, LDR-II/DMG, LLC, has applied for Annexation and Zoning (AZ) approval of 4.79 acres of land from the RUT zoning district in Ada County to the C-C (Community Business District) zoning district. Preliminary Plat (PP) approval is also requested for 3 commercial building lots on 3.68 acres of land. Alternative Compliance (ALT) is requested for a reduced buffer width in certain 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 [he 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 can-ent City limits. 2. SUMMARY RECOMMENDATION The subject applications (AZ, PP, ALT, and CUP) were submitted to the Planning Depaztment 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 Pemut, and Alternative Compliance applications. Staff is recommending approval of the proposed development (AZ-08-007, PP-O8-006, and CUP-08-011) with the Development Agreement provisions listed in Section 10, and the conditions listed in Exhibit B of the Staff Report. Note: Per UDC 11-SA-2, Alternative Compliance applications are approved at administrative Zevel 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 MERIDIAN PLANNING DEPARTMENT STAFF REPORT 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 beard these items on June 19, and July 17, 2008. At the public hearing on July 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 Thomnson; Bob Aldridge; Bob Caraenter; Greg Owens ii. In opposition: None iii. Commenting: None iv. Written testimony: Charles Axelrod v. Staff aresenting application: Sonya Wafters vi. Other staff commenting on application: Scott Steckline; Caleb Hood b. Key Issue(s) of Discussion by Commission: i. EliQibiGty 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 proaerty boundary: iii. The number, twe (right-in/right-out, full access), and location of access aoints 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. Key Commission Change(s) to Staff Recommendation: i. Modify DA provision #g, page 10, to restrict access to/from the site to one full-access point to Eagle Road, located as far north as possible in compliance with ACHD distance requirements for intersections. Allow both access points to/from Victory Road as proposed by the applicant. d. Outstanding Issue(s) for Citv Council: i. Access aoints to/from the site he Meridian Ciri Council heard these items on August 26.2008. At the public hearin th ouncil approved the subiect AZ. PP. and CUP request a, ummarv of Ciri Council Public Hearing: L In favor: Rrian Rallard: Tamara Thomnson: Boh Aldridge' Bob Caroenter ili In opposition: None ili. Commenting: Nate Wheeler: Gary inselman iY. ritten testimony: Gary Funkhouser_ Stanley Consultants !Traffic .ngineerl y, toff presenting application: Anna Canning yj, Other staff commenting on application: None ¢, ev Issues of Discussion by Council• L he timing of Lhe Eagle & Victory intersection improvements: iL The proximiri of the southernmost driveway on Fagle Road in relation to Falcon - 12uYB lll. Whether it's nrodent to approve new development without the intersection is. he possib~iri of the applicant dome same of the inter ection improv m nt wi evelooment of the site and being reimbprsed through 'mpact fee or other m c ~_ an Key Council Changes to Ctaff/Commission Recommendation i Strike the portion of DA provision #i that reapirec a pedestrian access to he provided to the property to the south for f~tpre interconnectiviri. Shops at Victory AZ PP CUP PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-08- 007, PP-08-006, and CUP-OS-011, as presented in the staff report for the hearing date of August 26, 2008 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-08- 007, PP-08-006, and CUP-08-011, 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-08-011 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located on the southeast corner of S. Eagle Road and E. Victory Road, in Section 32, Township 3 North, Range 1 East. b. Owner(s): Axelrod Living Trust, Chazles Axelrod 211 S. Spalding Drive Beverly Hills, CA 90212 c. Applicant: LDR-IUDMG, LLC 350 N. 9`s, Ste. 201 Boise, ID 83702 d. Representative: Tamara Thompson, Landmazk 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 azeas adjacent to an existing residence; and a Conditional Use Permit for adrive-through pham~acy 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 StatemenUJustification: "The site is in the City of Meridian's impact azea and its Comprehensive plan designation is Mixed Use -Community. Our proposed zoning and development comply with the Comprehensive Plan. The proposed project is intended to fill a need for neighborhood services on the southern boundary of the City. Due to its proximity in the surrounding trade area, the proposed project will reduce trips out of the area for daily consumer needs and services." See applicant's narrative submitted with application for more information. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of 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 Ciry 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 (Comtission); August 4, and 18, 2008 (City Council) e. Radius notices mailed to properties within 300 feet on: May 23, 2008 (Commission); Au¢rrst 1, 2008 (City Council) f. Applicant posted notice on site by: June 4, 2008 (Commission); Au>rust 12, 2008 (Gifu CounciD 6. LAND USE a. Existing Land Use(s): There is currently asingle-family residence, associated outbuildings, and a pasture on this property. b. Description of Chazacter of Sun'ounding Area: This property is currently surrounded by rtual residential properties. c. Adjacent Land Use and Zoning: 1. North: Single-family home on a large rural parcel, zoned RUT (Ada County) 2. East: Single-family homes on large rural parcels, zoned RUT (Ada County) and R-4 (The R-4 zoned property has received preliminary plat (Harcourt Subdivision) approval for 60 single- Shops at Victory AZ PP CUP PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 family residential building lots on 22 acres.] 3. South: Single-family homes on lazge rural pazcels, 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. Hazazds: Staff is not awaze 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 at Victory AZ PP CUP PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 totaling 54 caliper inches on the site. Fifty four caliper inches are planned for mitigation onsite along the eastern and southern boundaries in addition to the 1 tree per 35' required by the UDC. The result is 27 mitigated trees at 2 "caliper = 54 caliper inches. h. Off-Street Parking: UDC 11-3C-6 requires one off-street vehicle parking space far 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+/_ feet east of the intersection). Drive aisles aze proposed internally for access within the site. Cross-access easements are proposed to be ganted between all three parcels. No stub streets aze proposed to adjacent residential properties. See Analysis, Section 10, below for Staff s analysis of the proposed access to the site. 7. COMMENTS MEETING On May 30, 2008 a joint agency and departments meeting was held with service providers in this azea. 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. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This site is designated as "Mixed Use -Community" on the Comprehensive Plan Future Land Use Map. Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub- categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that aze typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities aze encouraged. The intent of this designation is to offer the developer a Beater 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 azea 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 standazds of the MU-C land use category within the Comprehensive Plan. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Beyond what has been discussed above, the following Comprehensive Plan policies apply to this application (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense Shops at Victory AZ PP CUP PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Offtce. 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 sujfer 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 azeas on arterials or collectors neaz 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 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 • Chapter VII, Goal I, Objective B, Action 6 -Require neighborhood commercial azeas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.) Six foot tall vinylfencing, 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 N, 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. Staffis requesting that the two right-in/right-out only accesses proposed closest to the intersection on Victory and Eagle be removed and only one access to/from Eagle and one access to/from Victory be approved with this application. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, and conditional uses in the C-C zoning district. The proposed retail, restaurant, office, and service uses are all listed as principal pemutted 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, office and restaurant uses. The property is currently designated on the Comprehensive Plan Future Land Use Map as Mixed Use -Community. The proposed use of the property and C-C zoning district are compatible with this designation. Shops at Victory AZ PP CUP PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 The C-N zoning district would also be compatible with the MU-C designation and would provide more of a transition in zoning between the adjacent residential uses and the proposed commercial development. Staff compared the permitted uses in the C-C district vs. the C-N district and found that the proposed retail, restaurant, and office uses are all principal permitted uses in both zoning districts. The major difference between the two districts is the dimensional standards, as follows: DIMENSIONAL STANDARDS' C-N C-C Front setback in feet 20 0 Rear seback in feet 25 0 Interior side setback in feet 0 Streetlandsc 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 parkin and loadin re uirements Landscaping requirements See Chapter 3 Article B. landscaping re uirements "All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. '"minimum setback only allowed with reuse of existing residential structure. ""Where the adjacent property is vacant, the Director shall determine the ad'acent ro 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 fmdings for annexation. The proposed annexation azea consists of a combination of two pazcels; a majority of parcel S 1128223075 (Axelrod parcel) and a very small portion of 83193250010 (Aldridge parcel) to the south. The applicant has submitted a Boundary Line Adjustment (BLA) application with Ada County Planning to modify the Axelrod parcel so that it is consistent with the annexation legal description and proposed plat. With the BLA, the Axelrod parcel is reduced from 3.92 acres to 3.69 acres; the Aldridge pazcel is enlazged to 5.07 acres to conform to the Ada County requirement for RUT zoning. As a DA provision, Staff is requiring that the applicant submit a letter of final approval from Ada County Development Services for Shops at Victory AZ PP CUP PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Couucil. The annexation legal description submitted with the application (stamped on March 17, 2008 by Aaron L. Ballard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Conceptual Site Plan: The conceptual site plan submitted with this application [prepared by The Land Group, labeled as Sheet C1.03, dated 4/18/08 (revised 4/24/08)] depicts 3 buildings pads with footprints totaling 29,910 square feet (s.£). The largest building pad, "Pad A," where the drugstore is proposed, consists of 15,885 s.£; "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 are required; 133 parking stalls are proposed, which exceeds UDC requirements. Staff has reviewed the proposed concept plan and found it substantially complies with the dimensional standards listed in UDC 11-2B- 3 for the C-C zoning district, except for a reduced buffer width adjacent to residential uses; the applicant is requesting Alternative Compliance to this requirement (see below). Staff is requesting as a provision of the DA that a minimum of 2 buildings be constructed on the site and that the maximum building footprint of any one building not exceed 20,000 square feet to assist in providing a transition to more intense commercial uses adjacent to the existing and future residential uses. A detailed site plan is required to be submitted and will be reviewed with individual Certificate of Zoning Compliance application for future buildings/uses on the site. Building Elevations: The Applicant has submitted conceptual building elevations with this application for each of the building pads that depict how future buildings on this site may be constructed. Building materials depicted on the elevations included in Exhibit A.6 are proposed to consist of stucco with stone and split face CMU blocks accents and green metal roofmg. The buildings will be painted with 5 different shades of brown. These elevations aze 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 the businesses within the development were not specified in the application, except for the proposed drive-through pharmacy which is proposed to operate from 6 am to 10 pm. Because of the adjacent residential uses, Staff is recommending as a provisiou of the DA that hours of operation for all businesses within this development be restricted to the hours between 6 am and 10 pm. Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. The DA shall incorporate the following: a. The applicant shall be responsible for all costs associated with the sewer and water service extension. b. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section Shops at Victory AZ PP CUP PAGE 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 1 I-3D. d. The request for Altemative Compliance for a reduced buffer width in certain aeeas adjacent to the residential property to the south, is approved per the landscape plan attached in Exhibit A and in accordance with the DA provisions and conditions of approval noted in the Shops at Victory staff report. e. Construct a minimum 6-foot tall verb-crete wall adjacent to the residential property to the south in the aeeas 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 boundazy 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. ~~id sidewalk shall extend across thg Aldridge orooerty alon Eagle Road_ to +alcon_ Drive and be located within a public ue rian easement. g. Access to this site shall only be provided from one full-access a~l_gne. right_ in/right-out access to/from Eagle Road '^^^'^-' ^° ''°- _^-M'• ^^ -•-~°°=~'° . ~ one full- access and one right-in/right-out access to/from Victory Road is-aNex~ed, as aroposed by the aaulicant aad ___~ ..-_-., .:..c; c c... ` ;:.^ D=~a°°a-,.. a," Y" V lac»c^° ^^ ^^°•' "^ ^~'IIT. 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 Hazcourt Subdivision. .^.dd i., :~;.y, ^~a° ^^a°^'-~°° Cam....-~ .'•.. ~ °:.'::` .. :.'t. ".r~.°.:~ ~u we ~a:..~i.~..ll\ ~.. r6° ..t.. 1. t. F ~Y., .y .r) 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 squaze feet. k. Hours of operation for the businesses within this development shall be restricted to the hours between 6 am and 10 pm. 1. The Applicant shall comply with the tree preservation standards listed in UDC 11- 3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater 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. o. 2. PP Application: The applicant is requesting Preliminary Plat approval of 3 commercial building lots on 3.68 acres of land in a proposed C-C zoning district. This property has not been previously platted. The applicant is proposing to plat this subdivision in one phase. Staff has reviewed the proposed preliminary plat and found it substantially complies with the dimensional standards listed in the UDC 11-2B-3 for 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 I1-SB-SB.2, requests for alternative compliance aze allowed when a site involves space limitations or an unusually shaped lot. Staff believes that this parcel has space limitations due to its size and irregular shape. For this reason, Staff is supportive of the request for Alternative Compliance provided that a minimum 6-foot tall verti-crete wall is construMed 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 aze 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 boundazies 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-lOC. Additionally, all trees that are retained should be protected during constmction. The Applicant should contact Elroy Huff at 888-3579 for approval of the protection fence prior to constmction. Landscaping: The applicant submitted a landscape plan [prepazed 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 ACRD right-of--way required for the ultimate street section. Said buffer shall be Shops at V ictory AZ PP CUP PAGE 12 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. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 designed and constructed in accordance with UDC 11-3B-7. Per UDC 11-3B-7.2b, street buffers shall be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association. (Note: In 2011, the Victory/Eagle intersection is planned to be reconstructed and widened to 5 lanes on all legs, including curb, gutter, sidewalk, and bike lanes, per ACHD's 2009-2013 Five Year Work Program.) • The applicant shall construct a 7-foot wide detached sidewalk along both Eagle Road and Victory Road beyond the ultimate right-of--way of the reconstructed and widened Eagle/Victory intersection. Sidewalk maybe 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 confirmation of the caliper inches of trees to be mitigated and approval of the tree mifigation plan. • A written certificate of completion should be prepazed by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Sidewalks: The conceptual site plan depicts a 7-foot wide sidewalk along S. Eagle Road and E. Victory Road. The Comprehensive Plan (page 55) requires detached sidewalks along all arterial streets within the City. Staff is requesting as a provision of the Development Agreement that a minimum Sfoot 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 aze proposed for interconnectivity and pedestrian access to adjacent residential properties. However, the approved preliminary plat for Harcourt Subdivision to the east depicts amicro-path connection to this property at the east boundary. Staff recommends that a pedestrian connection (pathway and break in the fence) be provided from this site to the future pathway in Harcourt Subdivision. Additionally, staff recommends that a pedestrian connection (pathway and break in the fence/wall) be provided to the property to the south for pedestrian access to the proposed commercial development. Access: Two access points to the site are proposed from S. Eagle Road (the first, aright- in/right-out only access, 250+/- feet south of the intersection; and the second, a full access, 460+/_ feet south of the intersection). Two access points are proposed from E. Victory Road (the fast, aright-in/right-out only access, 250+/- feet east of the intersection; and the second, a full access, 470+/- feet east of the intersection). Drive aisles aze proposed internally for access within the site. No stub streets aze 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 Victory AZ PP CUP PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 Road to restrict [eft-ir/[eft-out traffic movements. Further, staff is supportive of the internal driveways proposed within the site and does not believe that stub streets should be required to adjacent residential properties. Cross-access easements are proposed to be granted between the parcels (see Analysis, Section 10, below for more information). Easements and notes regarding access should be placed on the face of the fmal 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 [he east and south of this property and because these properties are designated on the future land use map for low density residential uses, Staff is supportive of no stub streets being provided. Existing Structures: The existing building(s) on the site shall be removed, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing a mix of 6-foot tall vinyl fencing and verti-crete wall along the southern and eastern perimeter boundaries of the subdivision. With approval of the request for Alternative Compliance for a reduced buffer width adjacent to residential uses, Staff is requesting that the proposed verti-crete wall be installed adjacent to areas where a reduced buffer width is proposed, as shown on the fencing plan attached in Exhibit A.S, to provide more of a barrier to the bordering residential uses. In all other areas adjacent to residential uses, a minimum 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 pertrtits 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 pemvts. 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 the culinary water system shall be required. If a single- point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape azeas 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) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-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 aze complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to building/pazking lot construction, and all improvements must be installed prior to occupancy. 3. Conditional Use Permit (CUP): The applicant is requesting CUP approval for adrive- through window for the proposed pharmacy within 300' of an existing residence. Per UDC 11-4-3-11, if adrive-through window is proposed to be located within 300' of an existing residence, CUP approval is required. The drive-through window is proposed to be located on the south side of Pad A at the southeast corner 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 Standazds 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 stacla'ng 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 :f 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 ACRD. The Applicant shall comply with this requirement. Staff believes that the proposed drive-thru does comply with the aforementioned standards. The applicant shall demonstrate continued compliance with submittal of the Certificate of Zoning Compliance application for the drive-through window. Hours of Operation: The proposed hours of operation for the drive-through pharmacy are 6 am to 10 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-08-011) with a Development Agreement and the conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zoning Conurussion heard these items on June 19 and July 17 2008 At the public hearine on July 17 2008 they moved to recommend approval of the subiect AZ, PP, and CUP request. The Meridian Citv Council heard these items on Aueust 26 2008 _At the_ uublic hearine the Council auproved the subiect AZ. PP. and CUP reauest. Shops at Victory AZ PP CUP PAGE I S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 11. EXFIIBITS 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. Pazks 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 1. Vicinity/Zoning Map CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 2. Preliminary Plat (Dated: 4/I 8/08, Revised: 4/24/08) t",z ~~ A ~' , r~ ,~ 1 ~ ~ i 1 I X ~~f ,II. ~'_ i i ---r'- °-' EVGitlNV gUAU ~ n~ ~ ~ --:-_ :, d _~.~ ~~ ~ °~ ~ a w ~ . ,_ N ~ ',; 4. ~ ter. & a o~~a `,~ C ~ 1, /~~ amat`M~Y®rMV iNSM ~we .... M~, . ,.,, ., m, .«n. ~m~ ''-ifrT'Ra-"" n...~rn iM r~o.n.Ku d ~i .~... aFr - '0. ~. _ ,~,_ OwgYrvmotla Yca. 2+ '' LY r `ML.Sii.5~1.7^ww ~` o C _ 'o..., ~i .E w L15' ^. $ a ~~. e. ~ ~ `~ • T~4.'LA'i3G e '~~`~ w T TSB _ LS. ~'7.. 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) ~t,~l; ; ~~ I,E :' i !. zo zx- _ ~..--i+~ ~ ~ - - ~ --°~ ~ ?~ o- i , ~C N L~: ' Ll ~ ~ rsu+n~ ~.u.~a $ G O ~ { O+t ~ ~Ciw o ~j F ~~~ G" .4~ ~ n lvlA 4i ~ U a '. ~~~~ ~ ., j 6 ~ ~~ ~ a} . ~~ ~ ~ . ,n.nm a oA+mw om ~ ~ ~ 9 ~ p 1 s, a '" 1 ~ o n~G o c=J .,.. ,.. . ,.. ° Qt v1 Ii ., r„ ~ .4~~ -0 .. ~.. gym., ~ ~ ~ I ~ w.a~ a.u 1e ~.4' m .... ~ -... s.meaz ,t 7~. ~4 ~ ', .~, -- zs~ze { V .. "... - -' e.rcmm.n s.~mx,m Site Plen :'. ""~`'~ '~- .. .,-.,~ _ ,~..... _. u~ _.._, ~-. ., '~ ""' C1.03 Exhibit B -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 4. Landscape Plan (Dated: 4/18/08, Revised: 4/24/08) ~'yr~~, ~~' ~~.~ .~a,.aa i s,, ~- ~ r~~r~' (3~BJF BSlFJ PLAN7IN~ ,. 4 I?LANTER 8E0 CUT EOGE_ aw 5 LAN~CAPE WA~,6_ ,,..... 20y21 .... _ _ _ LE Vff"f'ORY ROAD- a C `~ a I 6 ~ ' ' M Y. 1. M1' ~~F __ I G "1 ~@ z^ ~I E- ~, d~ ~ . .,_ , ~ ,. ., _m s : ~ . 'gyp, ' '~ ~' I ~ ~ r ~ i t ~ S i ~ ' %7QJECT CALCUlA710Ng. . tiyk : ~ ~,_,.Qa~" ~ \ti . II 1 _ PLNNi LLSCNEWLE -•-~•• I ~~ _q,.a. 1~r~-~z, .._.~.e_ __._..._..... ~ r~:"R'~ ~< _~' ~~ s - IXISTING~i,FE.LES;ENQ ...~ ~~ .. _ `I T ~.. __.. rir_~- == ~~-~:.. s^ F _ _.._._ - ~_._~_ __....__ T -ev`~ ~."6 = ~ ~~SLnPE.I.l;UEN4 , _. I~~~ ~ ~ ~_ s'~ "`!~ room N~ 4antlscene Pl en a. J a w 0 Z a 0 U W to ...:. ~mwa Exhibit B -Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 5. Fencing Plan 2021- 29 28 ~- I s,--- .. .w~v i- 1 e~,''t ---- . ,.. _ .. - _ ,_E. VICTORY ROAD-_ _~___s- ~- ~e-_ --~ _ - -- °-.~. ---~ ~ ,- j"_T '~ ~in• 6~ Viral( .Fend. ^~\t min . to Solid "~^yl ~n• { •~ b' ve.~ttc.c+t 4,~i PROJECT CALCULATIONS ::.«, "m........... Exhibit B -Page $ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 6. Building Elevations na 4w..a ciw.a~ A ~ ___.-_. c n `- -~ r... "t '; ,. _. Paa A-lnst ENVallon ' ''ii r ~ r it f:'~ s ; ~___ f r a>s e &3~ a= ~~ t W~ Exhibit B -Page f) rna a.w.a eiwauo. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 CJ O O O O 0 0 ~° ~` ~ ~` Q ~' tiri ` ,.. f I I,a~ ~rilE S~~i! r ~ m r ~ e (- _J a:s -gy >~° ~Lii 3i1 S 8 z W; 3 Exhibit B -Page ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 C) O O O ~ O O" O O` O ,IIS1 ~~I~E P~~9 RED o d ~ ~ Y_(/2 ~w __ J ~s ~~~~ 9~~~ 1! 'x b n 3 J E $ W Exhibit B -Page 8 PaE GNaM EleraNnn v -{: rw cso~a Elevafbn ,~.P - 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, PHi NSF '?~~~. S'F;-:900 FA\ 4rc _, ;:x)P ?,(N~ 1S P[20~"I. Bi~1~6. ;D,yllti -(rji3ov __ EI~ILllt\Ci L GL\EP.RiNG PiA\\I1(. + - _.__-~-~----" li )ti 1>G '~ la v 6. 2008 DMG Real Estate Partners/ R. Greg Goms 3i0 R, 9u• Suite 2011 Boise ID, 83?02 RE: PROJECT V UMBER 20080056-PBA. Application for a Property Boundan~ Adjustment involving Tax Parcel Numbers Sl 128223075 and 83193250010 located at 1210 S Eagle Road. Meridian, ID. Township 3 Nonh, Range 1 East, Section 28 fkar Applii~anr On Apnl 7, 2008 Ada County Development Senirea rw eived voui appbr ahon for a property boundary adjustment. Based nn staffs review of the Ada Cnunte Code, this apphcahon has been given tentative approval, subja~t Io Bte Conditiuns of Approval listed in Exhibit "A". Pleese note, this approval shall become null and void d the Conditions of Approval have not been met, and Ryou have not obtained a valid Zoning Certificate within one ill rear of the date of this approval letter 1-tits detenntnahon was made based upon current information contained m the pubbc. rctioni and interpretation of the Ada Counh~ Zoning Ordinance. You may appeal thrs d~'iswn to the Board of Ada Counh~ Commissioners. 7 o do so, you must Lilo the appeal within fifteen days of the date of this letter. I he tee for hhng an appeal is $350. Pursuant to Idaho Code § ti7-b535, this letter is ro further inform you that to the extent a final decision has twen made on asite-specific land use request, an applicant has the right to request a regulatory takings analysts under Idaho Code § ti7-Bpp3. If you have any yuestlons, i can be reached at (208) 287-7901. Sincerelv,r ~ ~ ~--~_- Sid Anderson, Planner II Ada County Development Servii es rc Marl Perfwi, Plannw III Su(wrvisor; Ada County Developmeru Services Sonya 4tia~ters, Assa~ialeCity Planner Meridian Crtv Ymiw1 p2i%1Rtxxik*YtiA DMG Ifroinc Fa¢c I n. i Exhibit B -Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 STAFF ANALYSES This application is for a Property Boundary Adjustment involving Tax Parcel Numbers S 1128227075 located at 3210 S Eagle Road and 83193250010 located at 3300 G Falcon Drive On Aprfl 4, 2(108 Ada County Development Servkes received your application for a property hnundary adjustment On April 7, 2008 your acceptance letter was sent to you indicating that your application would he acted upon within 60 days. There is a single family residence located on each of the properhes. Panel n umt+er 8 31 7 9325001 0 contains 4.8 acres, it is zoned RUT, it is lot 3 of C;olden Eagle Estates and was platted in 1974. This property is a 4.8 acre legal rx~nronforming lot and will become a confomvng parcel containing 5.0 acres. Panel number 51128223Ui5 contains 3.9 acres rt is zoned RUT and was created on 8; 18j 2006 by instrument number 106734046. This parcel was split form parcel 511282230 when a portion of the property was deeded to Ada County Highway Distort. Parcel number Si 128223070 was created in 1954 and was 5 acres per deed recorded m book 392 and page 250. Since this property was conforming prior to n being reduced by govemmental action it is deemed a conforming property for development purposes. This property contains 3.9 acres and will be 3.6 acres this property wilt Lie annexed into the city of Meridian. APPLICABLE LAW This section details Ada County inning ordinanrn regulations and other applicable standards regarding development of the subject property. 8-0A-19: PROPERTY REDUCED 8Y GOVERNMENTAL ACTION: If a governmental action (such as acquisition through prosy-ription, purchase, or other means by the Ada County highway district, Idaho transportation department, utility company or corporation under the jurisdiction of the Idaho public ulilitiescommission, or other laal, stale, or federal agency) reduces an existing property below the required property size, such property shall be deemed as a conforming property for fhe purposes of development. See also section 8-1 B-3 of this title. (Ord. 389, 6-142fX10; amd. Ord. 591, 7-27- 2005) Sectinn8-4C-4: PROPF.RTYBOUNDARYADJUSTA4ENTSTANDAFDS: A. A propem~ Mundary adjustment shag not reduce the property size below the minimum dimensional standards prescribed by this title including regulatlons for individual wastewater treatment systems and wells as set forth in sections 6-7A-22 and 8-4A-23 of this tltle respecnveiv. B. [f one or more of the propertes is nonconforming as to the minimum dimensional standards prescribed by this tltle, the property boundary adjustment shall not increase the nonconformity. t A2UON(N1056-I'f3A / <ioma Pupe I u( i Exhibit B -Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2b, 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 platted lots, the property boundary adjustment shall be in substantial conformance to the recorded plat. Section8-1A-1 Definitions SUBSTANTIAL CONFORMANCE: A final plat shall be deemed to be in substantial 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 of any dimensional standard shown on the preliminary plat, provided that the density and lot dimensions meet Utestandards of the zoning base district. Unless required by a public highway agency, public utility, or federal or state agency, deviations greater Ihan ten percent (10`X0 ar more of any dimensional standard shown nn the preliminary plat shall not be deemed in substantiai conformance. Final plats in rural districts and the RUT and RSW districts shall be allowed a twenty five percent (25%) deviation of dimensional standards 3. Section 8~C-5 PROPERTY BOUNDARY ADJUSTMENT REQUIRED F1NDiNG In order to approve the application, the dct ision-making body shall find that. the proposed property boundary adjustment complies with the standards in Section 8-4C-4 of this Title. FINDINGS OF FACT IEany of these Findings of Fart are deemed Grntlusions of Law, they are incarpcxated into the Conclusions of Law section. The Director finds that Prnjec-t Number 20080005(rPBA complies with Section 8-4A-19 of the Ada County Code as follows. Parcel number S1I2B223070 was a legal conforming 5 acre property in the RUT zone 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 numt+er 57128223075 this property is deemed a conforming property for the purposes of development The Director finds that Project Number 2W80005bYBA complies with Section 8-4C-5, A- E of the Ada County Code as follows: A. .4s conditioned the property boundary adjustment will not reduce the property size of the parcels below the minimum dimensional standards set forth in their respective districts. Rujw! N2tN)R0005G-PRA nMCi / (:r,im Page 3 of 3 Exhibit B -Page 11 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 th the RUT District for the property before it was reduced by govemmen cal action. As evidenced in the record Parce] B is a nonconforming property based on the dimensional standards set forth in the RUT District Parcel B will be increased m size and will become a conforming property. I bus the property boundary adjustment will not utcrease the nonconformity of a nonconforming property. C. As evidenced by the submitted site plan drawing, the property boundary adjustment does not change or move any public streets, private roads, easements, or publicly dedicated areas in any manner. D Asevidenred by thesubrnitted site plan drawing, the property tmundarv adjustment will not constitute the relcxation of property. E. As evidenced by the submitted site plan drawing, the property boundary adjustment will not constitute a rel(xatiar of the property. F. As evidenced by the record the submitted site plane complies with Section £~- 4C-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 u 250$ in the RU( zone or 1.2 acres on this property. As proposed, the properh• boundan' adjustment would change the dutterrsronal devtahon by .2 acres. As proposed, the property boundary adjustment rs m substantial conformance with the recorded plat. CONCLUSIONS OF LAW If am of these Conclusions of Law are deemed Findings of Fact, they are incorporated into the Findings of Fact section. 1 The DvEttor concludes Projcrt Number 2(1(Y3(l(lO5frPBA comphvs with Section N- 1(--:i of the Ada County Ccxie. ORDER Based upon the Findings of Facl and Conclusions of Law contained in this Staff Report, the Director tentatively approves Project Number 200800056-PBA, subject to the Conditions of Approval attached as Exhibn A. Projixt N2lKIR(KM!5(i-P©A DM41 lluire Page 4 d~ 5 Exhibit B -Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 EXHIBIT A CONDITIONS OF APPROVAL PROJECT NUMBER PBA DMG Real Estate Partners/ R Greg Goins REQUL1tED ACTIONS. THE FOLLOWING LIST DETAILS THE TASKS THAT MUST BE COMPLETED BEFORE THE APPROVAL OF PROJECT NUMBER 1A080005bPBA WILL BE CONSIDERED FINAL THE APPLICANT AND/OR OWNERS SHALL HAV E UNTtT. ONE YEAR FROM THF. WRTTTF..N DECISION T'O COMPLETE THE REQUIRED ACTIONS AND TO OBTAIN WRITTEN APPROVAL FROM THE DIRECTOR. THIS APPROVAL SIIALL BECOME VOID IF WRTTTEN APPROVAL HAS NOT BEEN LSSUED BY THAT DATE. 1. 1 he applicant and/or owners shall cause the propert~~ to be surveyed and a record of survey recorded. 2. The applicant andJor owners shall execute and record the necessary deeds to accomplish the property boundary• adjustment. 3. The applicant and/or owner: shall obtain new parcel numbers from the Ada County Assessor. ~. The applicant and ; or owners shall cause parcel "A" to be annexed into the city of Meridian. The applicant shall complete condition number 6 aker Meridian Citv Council has voted to approve the annexation For parcel "?,", but prior to the ordinance being adopted and published. 5 7hv appliranl and/or ownersshall 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 numbers. d) Documentation that parcel "A" has been approved For annexation by Meridian City Council. 6. Upon completing the above tasks, the applicant shall requesi a letter from the Director stating that the Property Boundary Adjustment has received final approval. i. I f the property is not annexed into the Citv of Meridian withal one year of the date of this letter file number 200080056-PBA will become null and void. Proja~t tl2006(x10>6-PDA f )MG ' Gnine Pagc 5 of i Exhibit B -Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 B. Conditions of Approval 1. Planning Department 1.1 ANNEXATION COMMENTS l.l.l The annexation legal description submitted with the application (stamped on March 17, 2008 by Aaron L. Ballard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. (The Planning Department required DA provisions are in Section 10 of the Staff Report.) 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 All comments and conditions of the accompanying Annexation and Zoning (AZ-08-007), associated Development Agreement, and Conditional Use Permit (CUP-08-011) shall also be considered conditions of the Preliminary Plat (PP-08-006). 1.2.2 Prior to issuance of any CZC and/or building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 1.2.3 The landscape plan included in Exhibit A, prepared by The Land Group on 4/18/08 (revised 4/24/08), is approved with the following modifications/notes: • The applicant shall construct a minimum 25-foot wide street buffer along the entire frontage of S. Eagle Road and E. Victory Road (both arterial streets), exclusive of ACHD right-of-way required for the ultimate street section. Said buffer shall be designed and constructed in accordance with UDC 11-3B-7. Per UDC 11-3B-7.2b, 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 buffer was approved in certain areas depicted on the landscape plan through Alternative Compliance with this application. • Depict a minimum 6-foot tall verti-crete wall along the south property boundary in the areas shown on the fencing plan attached in Exhibit A.S. In all other areas adjacent 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 Aldridge orooerty alone Eagle Road to Falcon Drive and he 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-1Q the applicant shall work with the City Arborist, Elroy Huff, on implementing the protection and mitigation plan for the existing trees on site. Exhibit B -Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 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 permanent fencing is not proposed. All fencing shall be installed in accordance with the standards listed in UDC 11-3A-7. 1.2.6 All existing buildings on the site shall be removed, prior to signature of the fmal 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 [o issuance of building pemuts. 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, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3.5 Underground, pressurized irrigation must be provided to all lots within this development. 1.3.6 Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of any natural waterways (Ten Mile Creek) that intersect, cross or lie within the area being subdivided shall be covered. This requirement doe not apply to the Ten Mile Creek which is classified as a natural waterway and must be protected as stated in UDC 11-6A-IH. This requirement shall not apply to the Beasley Lateral if the applicant improves it as a linear open space water amenity. Exhibit B -Page 15 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 1 I -6B-7. 1.4 SITE SPECIFIC REQUIItEMENTS -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 Pemrit (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 standards and policies shall be required. 1.4.3 The hours of operation for the pharmacy drive-through shall be limited to 6 am to 10 pm/7 days a week. 1.4.4 The applicant shall submit a Certificate of Zoning Compliance application for the proposed pharmacy drive-through with revised plans that comply with the conditions of approval listed herein, prior to commencement of the use. 1.4.5 The Applicant shall have a maximum of 18 months to commence the use as pernutted in accord with the conditions of approval listed above (UDC 11-SB-6F). If the drive-through use has not begun within 18 months of approval, a new conditional use 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 to 3250 E Victory Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute 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 OR AUGUST 26, 2008 service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standazd 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 Deparhnent 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 (iJDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.7 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Departrnent of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the azea being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.10 Street signs aze to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District ,prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. Exhibit B -Page 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR]NG DATE OF AUGUST 26, 2008 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe 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 fue protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %:" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 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 greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved tum around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. The required turning radius shall be maintained adjacent to the landscape islands off Taconic. 3.5 For all Fire Lanes provide signage "No Parking Fire Lane". 3.6 Insure that all yet undeveloped pazcels 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 fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.12 Maintain a separation of 5' 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 around the perimeter of the building. 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 There shall be a fire hydrant within 100' of all fire departrnent 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 dunension 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 the 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 Couuty 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 minhnum 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 turn movements. Coordinate the design and ultimate location of the raised median with District Development Review and Traffic Services staff. • Construct one full access driveway on Eagle Road located 427-feet from the northernmost property line (measured property line to near edge); AND • Construct one full access driveway on Victory Road located 25.5-feet from the easternmost property line (measured property line to neaz 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 Couditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Exhibit B -Page 20 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 7.2.3 Replace any existing damaged curb, gutter and sidewalk and any that 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 pemrit (or other required permits), which incorporates any required design changes. 7.2.7 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.8 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.2.9 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) 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 HighwayDistrict. The burden shall be upon the 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 ~~ ~i.a: i• Tfla LAND 4NDUP. INC. March 14, zuuR Project No. 07167 Attnexntian and Rezone DMG Real Estalo Partners 4.79 Acres N:zhibit "A" A tract of land for annexation enel rezone purpoaca situated in a portion of the Norihwes[ One Quarter of the Northwest One Quarter of Section 28, Township 3 North. Range 1 East, Boise Meridian, Ada County, Idaho, Jusctibed u follows: BEGINNING at a found Areas cap monumenting the Northwest Comer of said Sec[fon 28 on the intersection of the centerline of East Victory Road and the centerline of South Eagle Road; Thence following the notthorly line of the Korthwest Ono Quarter o(said Sectial 28 mtd the centerline of said Fast Victory Road, South R9°35'51" East a distance of 530.00 feet to a point, which bears North 89°35'51" West a distance of 2,127.05 feet from a farad brass cap monumenting the Nonh One Quarter Comer of said Section 28; Thcncc levying said norihtrly line and said conterlinq South 00°31'02" West a distance of 2 W.OU feel to a found 1 /2-inch steel pin; Thence South 18° 19'52" West a distance of 138.72 feot to a set 518-inch steel pin; Thence North 89°35'51" West a distance of 245.57 feet to a set Si8•inch steel pin; Thence South 06°2COCi' West a distance of 103.83 feet to a set S/R-inch steel pin: Theme North 89°3 l' ] 3' West a distance of 90.01 feet to a set 5!8-inch steel pin; Thence South 00°31'02" West a distance of 73.75 feel to a act 518-inch steel pin; Thence North R9°31' 13" West o distance of 92.85 feet to a sd 5/8-inch steel pin on Ute easterly right-of--way line -f said South Eagle Road; Thence following said easterly right-ol=way, South DO`28' 1 1" Wesi a distance of 34.86 feet to a set 5/8-inch steel pin; Thenec following said easterly right-of--way, North 30'03'46" West a distance of 29.53 fed to a set 518-inch steel put; Thenco leaving said easterly right•of--way tine, North 89°37'48" West a distance of 33.00 feel to a point on the westerly line of said Section 2R and the centerline of said South Eagle Road; Thence following said westerly hoc and said centerline, North 00`28' I 1"East a disutnce of 578.12 feet to the POINT' OF RF,GINNING. lam4r•f..i.,lxk:lmr •IM.°uxMgt•Cirl F.•pwng /'eh'Gx,nl,r~prlionbtrmirmea6•GrryM~Cow.w•eimb• 4L2 F. Sanrc Onvq 5tt 100, EarJq Idaho 83416 • P 20a.9J9.4041 f 2YYd932Ma5 •11y~ .,r f~ 49,2007\fCte7\Aamm\L°®Ir\L ar1A7_f191n1a YarKiA Annaa°°n.dur Exhibit C -Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 ~a; ~~ '1 HP. LAND UXOIIP, INC. The above-described tract oC land contains 4.79 acres, more or less, subixt to all existing easements and rights-of-way. This descrippon is intended for annexation purposes only and shall not be used for the purpose of convcy:n7ce. Prepared 8y: 1'HE LAND GKOUP, INC. 4G2 E. SHORE DRIVE, SUITE 100 EAGLE. Q~AHD R3616 20R•939~pq 1 208-939-hd95 tFAX) ~+~R~A~ KES 0y ~ O~~ PV8j1G M ~~ ~P Lmnrr:yc. AaMlWnrt • Srh D(yairX • r~e~/E~nnsd'n9"S7wnr In~Arr t} L'v~unnw,i a (:.aHiw Csmwrtimrio. dL2 R Shnre Cmc, tim 100, Haljc, I~il0 83616 • P 2tNS.939A0:1 !' 408939 4441 • wwa rluivnJgmnp7nc,py G:\2trJ7 i077G'\dJmin\irxals\I _0~1!> 080314 PcacfA _imirxnlwcrJw. Exhibit C -Page 2 3•I't•d8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 Situated in a portion of the Northwest 114 of the Northwest 1f4 of Section 28, Township 3 North, Range 1 East, B.M., Ada County, Idaho c M %. VICTORY ROAD N O N ~~ C ' ~~ a• w" ..1 ' ~' 4' ~; v: 3 FOUND BRASS CAP NW CORNER SECTION 28 C.P.J4l.No. 942908 r~pY4ti~ M ,p~pRKS 531:~IG S1128223075 CURRENT TAX D4S'fRICT: RtIT PROPOSED TAX DISTRICT: [.-C 4,791 AC. N893 i'13"W 90.Ot' N30'03'46"W 29.53' 4 (iJ71JJEN EAUI..E ESTA TES SO'31'02"W 73.75' "'~~o'2s'u"W 34. S6' ~N69'31'48"W z9 2& 33.00' FOUNC 5/8' - STICL P1N tJ 1/16 CORNER GOLDP,NEA(iLP. ES7it TES 12459 Legend 3'«'"D p FOUND BRASS CM Ji FOUNO 5/8" S7F.Fl PM ~ SEi 5/B' Slfll VIM ~ FOUND 1/Y SIEEL PIN CAICUtATED POINT BOI,NOARY DNE - --- - SEC110N UNE ~ tNUmttWSUHVEYUH I PROJECT tNPORNJATION I SCALE:"'=100' ~ /~ .~; f.~ ~N,.~K~.. I EXHIBIT "B" w.u DB J, n,,,,, r PROJECT NO.07187 i•~~w.,,~r,.~.w,.:,.._,_.,,,,~ I ParcefS1928223075 . n~.,. ~.~~..,~.w. 1 4 F 1 [=M SLrv,yM1y ji . ~.;~„~~u~~ ~;f~..,,,: , Annexation and Rezone FDUND BRASS CAP N 7/~ CORNER SECTION 28 PER CP&F No. 9700390/ 21 28 0 g 889'35'81"E ~" 2127.05' N 0 n 0 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 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all the subject property C-C; the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Community. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property will comply with the purpose statement of the commercial districts and the established regulations of the C-C zoning district, except for a reduction in buffer width adjacent to the residential use along the southern property boundary. The applicant is requesting a reduced buffer width in certain areas through Alternative Compliance with this application. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfaze. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (iJDC 11-SB-3.E). The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, the City Council finds that Annexation and Zoning of this property to C-C would be in the best interest of the City if a Development Agreement is required with the provisions noted in the staff report. Exhibit D -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The City Council fmds 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 finds 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 fmds 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, ACRD, etc.) to determine this fording. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds that the proposed development will not be detrimental to the pubic health, safety or general welfaze. ACRD considers road safety issues in their analysis. F. The development preserves significant natural, scenic or historic features. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 3. Conditional Use Pemut 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 fords 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 areas along the south property boundary. The City Council fords that if the applicant complies with the conditions of approval in Exhibit B and the DA provisions listed in Section 10, development of this site should meet the intent of the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Community. The property is proposed to be zoned C-C, which complies with this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council fords that, if the Applicant complies with the conditions and DA provisions outlined in this report, the operation of the proposed drive-through use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, the City Council believes that the proposed use will not adversely change the essential character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council fords that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the azea. 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 fords that the site will be adequately served by [he 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 fmancing any improvements required for development. The City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. Exhibit D -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The City Council recognizes that traffic and noise is a concern; however, the Ciry Council does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public as there are no nearby residents. The City Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 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 destmction, loss or damage of any natural, scenic, or historic feature of major importance. 4. Alternative Compliance Findings (UDC 11-SB-SE); A. Strict adherence or application of the requirements is not feasible; OR Staff finds that the subject property has space limitations due to its size and irregular shape, which makes strict adherence to the buffer requirements not feasible. Staff finds that the proposed alternative means of request for Alternative Compliance provided that a minimum 6-foot tall verb-crete wall is constructed adjacent to all areas with a decreased buffer width and minimum 6-foot tall solid vinyl fencing is constructed in all other areas along with added landscaping along the entire boundary adjacent to residential uses. This does, in fact, preclude full compliance with the City's landscaping standards. B. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds 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 Ciry'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 sunounding properties. Exhibit D -Page 4