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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 STAFF REPORT Hearing Date: October 16, 2008 (Continued from September 18, 2008) E IDI N TO: Planning & Zoning Commission ~~~t,~., , °~ FROM: Son a Wafters, Associate Cit Planner ,~~~ ~~ ~ ~ ~ ~~~ ~~~~ ~~~~~' Y y '.~ ~_~ Via. (208) 884-5533 ::+ SUBJECT: Fairview Lakes Retail ,~ ~.:' i s `~ '~''' ,.ti,1~~ • MCU-08-002 _~IIi-~{-~j-~~rr(~ ~ i v~ ~. ~-~: ! i_~ ~r~i`'~:?, Conditional Use Permit modification to amend the site and ~iu'fltli~g`ta~c~i~ F~ ~ `~'` ~ ~ ~~ approved with CUP-06-032 for the northeast portion of Lot 4, Block 3, of Devon Park Subdivision No. 1, by Doug Tamura. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Doug Tamura, is requesting approval of a conditional use permit modification (MCU) to amend the site and building layout of retail buildings 1, 2, 3, 4, 4a, and 5 approved with CUP-06- 032. The proposed modification only applies to the previously mentioned retail buildings approved on the northeast portion of Lot ~l, Block 3, Devon Park Subdivision No. 1; no modifications are proposed for the remainder of Lot 4 or Lot 3. (See Section 10, Analysis, for more information.) The subject property is located north of Fairview Avenue on the southeast corner of N. Lakes Place and N. Teare Avenue, at 950 E. Fairview Avenue. The site is currently zoned C-G. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUF modification application. below. Staff recommends approval of MCU-O8-002 to modify the previously approved site plan and building elevations for Lot 4, Slock 3, of Devon Park Subdivision No. 1, as presented in the Staff Report for the hearing date of September 18, 2008, subject to the conditions listed in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MCU- 08-002, as presented in the staff report for the hearing date of October 16, 2008, with tlae following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Flanning and Zoning Commission hearing on November 6, 2008. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number MCU-08-002, as presented during the hearing on October 16, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on November 6, 2008. Continuance After considering all Staff, Applicant, and public testimony, l move to contizxue File Number MCU- 08-002 to the hearing date of (insert contizzued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Fairview Lakes Retail MCU-08-002 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located north of Fairview Avenue on the southeast corner of N. Lakes Place and N. Teare Avenue, at 950 E. Fairview Avenue. Southeast''/a of Section 6, Township 3 North, Range 1 East b. Owner: Fairview Lakes, LLC 1124 Santa Maria Boise, ID 83712 c. Applicant: Same as Owner d. Contact: Doug Tamura 1124 Santa Maria Boise, ID 83712 208-721-2151 Phone/208-343-2210 Fax e. Present Zoning: C-G (General Retail & Service Commercial) f. Present Comprehensive Plan Designation: Mixed Use -Community g. Description of Applicant's Request: The Applicant. is requesting Conditional Use Permit (CUP) approval to modify the previously approved site plan and building elevations approved with 'CUP-06-032 for a portion of Lot 4, Block 3, Devon Park Subdivision No. 1. See Analysis, Section 1 ~, below for more information. h. Description of Applicant's Justification for CUP Approval: "Because of the difficult times in the retail leasing market, Fairview Lakes LLC has modified the retail center to be predominantly a strip center. The first phase (Retail 1/2) of the retail center has been constructed. Fairview Lakes is proposing an alternate landscape plan in lieu of a parking island. We have installed an 18-foot patio with a bike rack and bench to break up the parking in front of the current retail center. In Abase IT, the required courtyard was increased 3,150 square feet. The proposed landscape courtyard will include a water feature. The building elevations and heights will remain similar to the existing structure. Please note the building modulation has changed to reflect the building that was built. The buildings were modulated to provide a larger courtyard area for phase II. All other conditions of CUP-06-032 shall remain the same, including the approval of the two drive-up windows." See applicant's narrative for more information. 5. PROCESS FACTS a. The subject application. will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and LTDC 11-SA-2D, a public hearing is required before the Planning and Zoning Commission on this matter. Fairview Lakes Retail MCU-08-002 Page 2 CITY bF MERIDIAN PLANNING DEPARTMENT STAFF REPbRT FOR TIDE HEARING DATE pF pCTpSER 16, 2008 b. Newspaper notifications published on: September 1, 2008 and September 15, 2008 c. Radius notices mailed to properties within 300 feet on: August 18, 2008 d. Applicant posted notice on site by: October 1, 200$ 6. LAND USE a. Existing Ladd Use(s): The portion of Lot 4 that is requested be modified contains one commercial building that has not yet received occupancy. b. Description of Character of Surrounding Area: Residential uses abut the site to the north and east. Existing and future commercial uses abut the site on the south atld west. c. Adjacent Land Use and Zoning 1. North: N. Teare Avenue borders the site on the north; offices and single-family residences in Settlers Village Subdivision exist on the north side of Teare Avenue, zoned C-N 2. East: Single-family residential properties in Settlers Village Subdivision and carwash; zoned R-$ 3. South: Bank and restaurant, zoned C-G 4. West: Retail store (Hastings/Hardback Cafe) and Department of Motor Vehicles, zoned C-G d. History of Previous Actions: • This property was annexed in 2002 (AZ-02-011) with a C-G zoning district as part of the Fairview Lakes development. A Development Agreement was approved with the annexation (Instrument No. 102143306, First Addendum Instrument No. 103097614). The original Fairview Lakes PD (CUP-02-014) included the conceptual approval of 114,500 square feet of commercial and 15,000 squaze feet of office space, and detailed approval for 192 apartment units. In 2003, the first modification to the conceptual PD (CUP-03-014) included the approval of 122,000 square feet of commercial and 52,250 square feet of office space, and detailed approval for 96 apartment units. Also in 2003, a second modification to the conceptual PD (CUP-03-054) increased the office component by approximately 35,000 square feet and reduced the commerciaUretail component by approximately 18,000 square feet. In 2004, CUP-04-049 granted detailed approval for the construction of four commercial buildings, totaling approximately 25,600 square feet of retail space, on two platted lots, Lot 1 and a portion of Lot 4, Block 3, Devon Park Subdivision No. 1. Banner Bank has already been constructed oza said Lot 1. In 2007, CUP-06-032, a modification of CUP-04-049, granted approval of a new development plan (site plan & building elevations) far Lots 3 and 4, Block 3, Devon Park Subdivision No. 1. A Certificate of Zoning Compliance (CZC-07-027) was approved for retail building 1/2 on the subject property in 2007. The site plan and building elevations submitted with the CZC varied from the site plan approved with CUP-09-032 but were deemed to substantially comply with those previously approved. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: NA Location of water: NA Fairview Lakes Detail MCU-08-002 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Issues or concerns: None 2. Vegetation: There are several existing trees and landscaping on the site. 3. Floodplain: NA ~}. Canals/Ditches Irrigation: The Flume Canal runs through this site but has been tiled. 5. Hazards: N/A 6. Lot Size: S acres f. Conditional Use Information: Non-residential square footage: 44,000 overall; 11,700 existing (only includes retail buildings l-4 at northeast corner of Lot 4) 2. Hours of Operation: 8 am to 10 pm g. Off-Street Parking: Off-street parking exists and is proposed on the site with future phases h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the subject property is provided from E. Fairview Avenue via N. Lakes Place and N. Teere Avenue. No new access points or streets are proposed with this application. 7. COMMENTS MEETING On August 29, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Public Works Department, Sanitary Service Company, and the Meridian Police Department. The aforementioned agencies and departments had no comments on this application. S. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Community." The purpose of the Mixed Use areas, as defined on page 102 of the Comprehensive Plan, is as follows, "There are five sub-categories of the Mixed Use designation. Generally, the designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas which are either inflll in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The requested "Mixed Use -Community" designation allows up to 25 acres of non-residential uses, up to 200,000 square feet ofnon-residential building area and residential densities of 3 to 15 dwelling units to the acre. In Mixed Use -Community areas that are not Neighborhood Centers, over 25 acres of non-residential uses shall be permitted through the CUP process. Per the conceptual develaprnent plan, the subject site may develop with commercial uses such as retail along Chinden Boulevard/SH 20-26 and retail/office along Ten Mile, with multi-family residential units internally within the development adjacent to future single-family residential uses. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • "All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians." (Chapter VII, page 103) Fairview Lakes Retail MCU-08-002 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 The northern boundary of this site lies adjacent to N. Teare Avenue, which extends through this site from Settler's Village Subdivision. A pedestrian sidewalk exists along Teare Avenue. Staff believes that this site is directly accessible to the adjacent residential subdivision. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposal will contribute to the variety of uses in this areu. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) Internal parking lot landscaping and street buffer landscaping is required to be installed and maintained an this site. Refer to the CUP Analysis, Section 10, for more information on landscaping at this site. • "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Objective D, Action 3) Parking lot landscaping has been provided an the site. Staff is including a condition of approval for one additional planter island to be installed on the site (see Analysis, Section 10 below for more information). • "Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties." (Chapter VII, Goal ]V, Objective C, Action 2) The north side of this building is adjacent to office and residential uses and does not contain any windows or architectural design features. To lessen the stark appearance of the building, staff is requesting the applicant provide additional landscaping within the street buffer along Teare Avenue (see Section 10 below for mvre information). 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists retail shops and restaurants as principal permitted uses in the C-G zone. For a complete listed of permitted and conditional uses in the C-G district, see UDC 11-2B-2. b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses which are customarily operated or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services, as well as retail sales far the transient and permanent motoring public. 10. ANALYSIS Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed CUP modification request as presented in the staff report, with the following comments: Conditional Use Permit Modification (MCU): A MCU is requested to amend the site and building layout of retail buildings 1, 2, 3, 4, 4a, and 5 approved with CUP-06-032. The proposed modification only applies to the previously mentioned retail buildings approved on the northeast portion of Lot 4, Block 3, Devon Park Subdivision No. l; no modifications are proposed to the remainder of Lot 4 or Lot 3. A site/landscape plan (see site plan attached in Exhibit A.2) was submitted for this site showing how the site was actually constructed in contrast to what was previously approved with CUP-06- 032 and CZC-07-027 (see site plans attached in Exhibits A.3 and A.4). Fairview Lakes Retail MCU-08-002 Page 5 CITY QF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 The previous site plan approved with CUP-06-032 depicted modulation in the building facades between retail buildings 1 and 2, only five parking stalls on the south side of retail building 1, and no parking in front of retail building 2. The structure that was built on the site combines retail buildings 1 and 2 and has no modulation in the facade. Parking exists along the entire south side of the building. Retail building 2 was pulled back to align with retail building 1 creating an appearance of a strip mall. -The overall structure (retail buildings 1 and 2) was reduced in size from 13,500 square feet (s.£) to 11,700 s.f. Future retail building 3 decreased in size from 8,000 s.f. to 4,800 s.f. Future retail buildings 4, 4A, and S, consisting of a total of 18,900 is now combined in one structure and depicted as 15,000-18,000 s.f. The proposed site plan depicts retail 3 building recessed back approximately 5 feet from the face of retail building 1/2 and retail 4 building projecting approximately 25 feet from the face of retail building 3. Overall, the proposed site plan depicts modulation between the existing structure and 2 future structures; however, the modulation has decreased greatly from the original approved plan. Staff favors the original plan and if the applicant had requested approval prior to construction as required, would most likely not have recommended approval of the request. Because the applicant has requested approval of a change in the site design after it was constructed, there is not a lot that can be changed at this point that doesn't involve knocking out walls. Therefore, Staff is reluctantly supportive of the MCU request with the conditions of approval noted in Exhibit B. (See site plans attached in Exhibits A.2 and A.3 for more information.) A Certificate of Zoning Compliance (CZC-07-027) was approved in 2007 for retail building l/2. The site plan submitted with the CZC varied from what was approved with CUP-09-032 but was deemed in substantial compliance (see site plans attached in Exhibits A.3 and A.4). The structure approved with the CZC combined retail buildings 1 and 2 but still showed modulation between the two buildings although not as much as in the CUP site plan. Access: Access to the subject property is provided from E. Fairview Avenue via N. Lakes Place and N. Teare Avenue. No new access points or streets ate proposed with this application. Site/Landscape Plan: Staff has reviewed the site/landscape plan and has noted the following revisions as conditions of approval of the subject MCU: - Per UDC 11-3B-8C2, planter islands are required at the ends of all rows of parking. The parking area on the west end of the building does not have a planter island on the north end of the row of parking as required by the UDC and as shown on the site plan approved with CUP-06-032. The applicant shall construct a planter island at the north end of the row of parking on the west side of the building in accordance with the standards listed in UDC 11-3B-8C2. - Evergreen trees, minimum 6-feet in height, shall be installed within the street buffer along Teare Avenue to serve as screening of the rear of the building. The buffer area shall result in a barrier that allows trees to touch at the time of maturity. - A trash enclosure shall be constructed on the site in the location depicted on the proposed site plan. Said enclosure shall be constructed of like color and materials as the building. Enclosure shall be incorporated into the overall design of the building and landscaping so that the visual and acoustic impact of this function is fully contained and out of view from adjacent properties and public streets, per UDC 11-3A-12B. Shrubbery and plants shall be installed on the sides of the enclosure to lessen the visual impact of the enclosure to passersby on the adjacent street and from adjacent properties. Submit details of trash enclosure with CZC application. Fairview Lakes Retail MCU-OS-002 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Building Elevations: The building elevations that were approved with CUP-06-032 and CZG 07-027 vary from the building (retail 1 /2) that was actually constructed on the site as discussed above, as follows: - The construction materials that were approved on previous elevations depict a 2-coat StuCCO system on the walls of the structure with manufactured stone veneer accents. Upon visiting the site, I found that the north and side elevations, and the lower portion of the south elevation consist of painted block wall. Stone veneer accents have been used on the building in compliance with the elevations approved with the previous CUP & CZC. Staff believes that the painted block wall construction does not represent high quality construction materials apd is not consistent with construction materials of existing buildings on the site. Further, staff believes that the appearance of the building from the offices and residences across Teare Avenue from the north is not visually pleasing Therefore, Staff recommends that all wall surfaces, excluding the portion that will abut retail building 3 on the east elevation, consisting of painted block wall be covered with stucco as originally proposed and approved. - Windows were shown along the entire west end of the structure on the elevations approved with the CZC. The existing building only has windows along '/z +/- of the west elevation. Staff recommends that windows be constructed along the entire west elevation as previously proposed and approved. - The design of the entryway features constructed on the building facade has also changed significantly frorl~l what was approved with the CUP &CZC. However, staff does not object to the changes made. Certificate of Zoning Compliance (CZC): The applicant shall be responsible to obtain a CZC permit from the Planning Department for the proposed changes to the site plan and building elevations, prior to release of occupancy for retail building 1/2. Note: When the site plan or building elevations change from what was originally approved through a CUP and/or a CZC, the applicant is responsible for requesting a modification to the previously approved plans PRIOR to construction. The end result of the requested change(s) should be comparable or better than what was originally approved in order for Staff to approve the change(s). Staff does not believe that the above noted changes to the site plan and structure are comparable or better; Staff believes that they result in a product that is lesser than was approved. Therefore Staff has included additional conditions as recommended above in Exhibit B as conditions of approval of the requested MCU. b. Staff Recommendation: Staff recommends approval of MCU-08-002 to modify the previously approved site plan and building elevations for Lot 4, Black 3, of Devon Park Subdivision No. 1, as presented in the Staff Report for the hearing date of September 18, 2008, subject to the conditions listed in Exhibit B. 11. EXHIBITS A. Exhibits 1. Vicinity Map 2. Proposed Site Plan 3. Site Plan Approved with CUP-06-032 4. Site Plan Approved with CZC-07-027 Fairview Lakes Retail MCU-08-002 Page 7 CITY OF MERIDIAN PC,ANNING DEPARTMENT STAFF RI~PORT FOR THE HEARIlVG DATE OF OCTOBER 16, 2008 5. Building Elevations Approved with CUP-06-032 6. Building Elevations Approved with CZC-07-027 7. Proposed Building Elevations 8. Site Photos B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from UDC Fairview Lakes Retail MCU-08-002 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 A. Drawings 1. Vicinity Map R 4b ~~ E YABlARA ns I 11 I I I ~-7~--~--~~ ...._.. ..... .. , 1~ i amr~Nl ~ RG x Site e~naun aa~a® C2 R-15 C2 Exhibit A CITY OF MER)DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 2. Proposed Site Plan ., , ~ -.4~ - r .. ~.M1~~ - - _ J ~ .... I .; r :'~ ---;" }1 ~, i a~~ 'X'': W~~~^T r_:.~.-. ~~~ r~ ° a - ~a,;.;. "A112V,~"-4V AVC-P^t'~.~d~ (U. ,; rvVVY. _"f}~ . =.'.i .~ ~~ 3Nrwr rru. ~a~pzq i `'a:~n eater, aM[ al w4XTNFY ~~ ,l_ I ~... ~~ M~=.-~'~ ~, '~ Isteg p.d9~ ~F }JR:~~ ~~~~ W y .`'~ :I ~~ b-~ , ~~rno*_..... , 'i _~ } i a.a.or rl'~~ .:~.µ . ww+r Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF OCTOBER 16, 2008 3. Site Plan Approved with CUP-06-032 FAIRVIEW AVENUE (U.S. NWY. 30~ .__..~~ ....~.......r rwr.r .... ~ v: ~ .~war.rrw ~.. N ww~w~ 4 ....kir +r. ~ r~Wy m r ~/4~ r ~Y~rr ew ~Y r ~1fr •~aw~~I . ~ ~~ ` ~wr .-~..._w._ ~W ,._ M~.p' "'mss' H ~ • ~ v ~~ /rtw 4-~-.~ - .~, r.,, -~a~ .~~ ~~~ 4"~ .v.r~..r+~...r....e. ...w..r.a.e~.. ------ - ~.~ a ~~~. .`'1CS"ffiQI1Am~~. s~ ~~~ ~ ~r I ~~` alai .._.... ...- P t ~:~ m. sta. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBIJR 16, 2008 4. Site Plan Approved with CZC-07-027 r~ 'mod J~'~ .... _.., --._...~ _.-., ~~~~ n.av~rca rurraev. ~~ r.-.r. ... ~'~BCMC PALI~T---.., ,...- ,. ~~,....r.~ ,,...,. ~ ...~,,..,.~~ ,-.... ..~ .. n w .w..w .._.... I. ~~ . , ~~ . M,.. _W .~.,.W -~ ... ,.. ~- ~. ~. _---_ ~:ssr~-- ~ ~~. _. P1~014G'T b11TA r.r ~~..... ~~Ff. I~M 1bLL ~a na>,a. . +n ww u K.ma~~+arwe.. ~.~ ,, r pan v, .don rarr..... ,„s jug Fs Rupq ~.. ~ .. ~... WAR: - ~c_ u~ ~,~ .. IAnr~ u~p., r.wr,. ~"'~ ~rr IC nwin~, ... r.Mw, r ireq~m Ma W tlf1Y X as "~ri. `~~dlS. Wit. ~~ ~~. `I~~:.Y = .... "~r~~3 ~~ i~ra:QS~m:as~,.4.rr .r 4:1~~ ~, w u,. .~ .. _,~ 'I ~~ .~ ,. ~- ~ -_ ~~ _. M._. L ~~ 9~ 8 A'LQ Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 5. Building Elevations Approved with CUP-Ob-032 ~~ 2 .~ ~.,,. ~~ Exhibit B 1 I~LLl~lrfl~ ~ - ~o-~o ~ ~~VE~- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 6. Building Elevations Approved with CZC-07-027 - - - - ~~* [ ~ `Y 1 _y t ~t -r .s ~ t _ _ ~' a ~ ~ ~ 1... - ~~ w ~~ i~ e ~.~~~ Exhibit $ ~M~1y l (((( •v~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 7. Proposed Building Elevations ~ r --- ~N!Q4TH [i{;EWA770~1 ~'Ls ~ .~ _~ .. ~. --fir .:~[. ,, ~~ ~ ~~ ~~ ,~ ~~ , ~~ r w ~ (niiw~ 1arR " rsr ° ~ as.o ; Exhibit B ~~e~ ~` ~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FQR THE HEARING DATE OF OCTOBER 16, 2008 8. Site Photos Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Exhibit B CITY QF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE AEARIIVG DATE OF OCTQBER I6, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site/landscape plan attached in Exhibit A.2 shall be revised as follows: a. A planter island is required to be constructed at the north end of the row of parking on the west side of the building in accordance with the standards listed in UDC 11-3B-8C2. b. Evergreen trees, minimum 6-feet in height, shall be installed within the street buffer along Teare Avenue to serve as screening of the rear of the building. The buffer area shall result in a barrier that allows trees to touch at the time of maturity. c. A trash enclosure shall be constructed on the site in the location depicted on the site plan in Exhibit A.2. Said enclosure shall be constructed of like color and materials as the building (chain link with slats shall not be used). Enclosure shall be incozporated into the overall design of the building and landscaping so that the visual and acoustic impact of this function is fully contained and out of view from adjacent properties and public streets, per UDC 11- 3A-12B. Shrubbery and plants shall be installed on the sides of the enclosure to lessen the visual impact of the enclosure to passersby on the adjacent street and from adjacent properties. d. Per UDC 11-3B-$C,2.c, a planter island is required at the north end of the raw of parking on the west side of the building in accordance with the standards listed in UDC 11-3B-8C2. 1.3 The building elevations included in Exhibit A.6 shall be revised as follows: a. All wall surfaces, excluding the portion that will abut retail building 3 on the east elevation, consisting of painted block wall be covered with a 2-coat stucco system. b. Windows shall be constructed along the entire west elevation in substantial conformance with those approved with CZC-07-027. 1.4 The applicant shall be responsible to obtain a Certificate of Zoning Compliance permit from the Planning Department for the proposed changes to the site plan and building elevations that complies with the conditions contained in this report, prior to release of occupancy for Retail Building 1/2. ~. PUBLIC WORKS DEPARTMENT Public Works has no comments on this application. 3. ADA COUNTY HIGHWAY DISTRICT See next page Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 ~~ Syr~ay R kM~Aer, lytY~ P~e~tt ~~~~~ w. ard~d, CanYnkSinr~r Augtr®t ~~~ 2l]QS TQ: Fairview l,alcea, LLC ~ /-y:G~ "~y .. ~ (°I ~,,~,,~" 1724 Santa Maria ~~~ ~ ~ Bd®e, ED 83712 ~~~ ~r .~`a~~h~'.~t7~f~N RI=_~: Doug Tamura ~~~ ~~-ERK {3Fl~I~~- suei~cx: a~nll~cu-cla.aaQ nt4diry 960 ~. Falrvlew Ave. l]n tWarch 2B, 20013, th®Ada Courrl~r F4ghvray Oislrict ailed an the reviaeci MPP-02-034 far Devon Rartc 3ulxGvision #1.7Ftie oondllions and rsqulremeorta else apply w MMCU-08-002. • Prior ~o tirtal approval you will Head tD submit canstrrrctlwrr plena to ~e ACHp Dawtapnwrlt iRaviaw section bo insure carnppanee wltlr the eonrlllWna iderrtMled itbovrs andAor t1or telrillo lllnpact tae aasaesrne%. ThM Is a :apnrabe nt+vMvr pracass that requires direct pbuis submitd >ao tlw Dw~lopn»rrt Ra~vlsw stall at ihs HlQhway District. • A treiAe Impact fee will be assessed btr ACi1D a+nd +wlp Ile due prier to the issuance of a building permit Contact ACND Planning ~ Dsvelepmsnt Serwlcsa at 387.8170 for iMorrnatlort regarding impact lei. 0 you have an~r questions or oarrcema please fend free to contact this afflce at (2L18} 3$7177. spy, ~-~/~4 G11Cer8 d~igFM-of-yVey and Da~reiapment Services t;C; ProJed Fll9 City of Meridian IYde ©Otlllly Mlph/lpy Q6lCfCC • 3775 pldalrK Qklr Ib •83714 • Prr 20B• •61rJQ • F3C 34fr7~Q • WYrvraid~dade.~.us Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use .Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the site is large enough to accommodate the changes to the CUP as proposed and still meet all of the dirrlensianal and development regulations of the C-G district. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -- Neighborhood (MU-N). The property is currently zoned C-G, which is consistent with the MU-N designation. The existing and future residential use of the property coxz~plies with this designation. 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. Staff finds that, if the Applicant complies with the conditions outlined in this report, the proposed design, construction, operation and maintenance of the structure should be compatible with other uses in the general area and with the existing and intended character of the area. Further, Staff believes that the propased use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Corrunission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that the subject property is currently served and will continue to be served by the public facilities and services mentioned above. 6. 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. Staff finds the proposed use of the property should not create excessive additional costs for public facilities and services. Staff finds that the proposed use will not be detrimental to the community's economic welfare. Exhibit C CITY QF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. Staff recognizes that traffic and noise is a concern; however, Staff finds that the amount generated will not be detrimental to persons or property in the general area. Further, Staff does not anticipate the existing and future residential use of the property will create excessive noise, smoke, fumes, glare, or odors. The Commission should rely upon any public testimony provided to determine if the development will be detrimental to any persons or property in the vicinity. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. Staff fmds that the proposed commerciaUretail use of the property will not result in the destruction, loss ar damage of any natural, scenic, or historic feature of major importance. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 STAFF REPORT Hearing Date: October 16, 2008 (Continued from September 18, 2008) TO: Planning &Zoning Commission IDIAN FROM: Sonya Watters, Associate City Planner wi (208) 884-5533 .c` SUBJECT: Fairview Lakes Retail OCT 0 • MCU-08-002 A TY 0 Conditional Use Permit modification to amend the site and liull&liWlayouts K 0 P F (' approved with CUP-06-032 for the northeast portion of Lot 4, Block 3, of Devon Park Subdivision No. 1, by Doug Tamura. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Doug Tamura, is requesting approval of a conditional use permit modification (MCU) to amend the site and building layout of retail buildings 1, 2, 3, 4, 4a, and 5 approved with CUP-06- 032. The proposed modification only applies to the previously mentioned retail buildings approved on the northeast portion of Lot 4, Block 3, Devon Park Subdivision No. 1; no modifications are proposed for the remainder of Lot 4 or Lot 3. (See Section 10, Analysis, for more information.) The subject property is located north of Fairview Avenue on the southeast corner of N. Lakes Place and N. Teare Avenue, at 950 E. Fairview Avenue. The site is currently zoned C-G. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP modification application below. Staff recommends approval of MCU-08-002 to modify the previously approved site plan and building elevations for Lot 4, Block 3, of Devon Park Subdivision No. 1, as presented in the Staff Report for the hearing date of September 18, 2008, subject to the conditions listed in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MCU- 08-002, as presented in the staff report for the hearing date of October 16, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on November 6, 2008. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number MCU-08-002, as presented during the hearing on October 16, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on November 6, 2008. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number MCU- 08-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Fairview Lakes Retail MCU-08-002 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located north of Fairview Avenue on the southeast corner of N. Lakes Place and N. Teare Avenue, at 950 E. Fairview Avenue. Southeast % of Section 6, Township 3 North, Range 1 East b. Owner: Fairview Lakes, LLC 1124 Santa Maria Boise, ID 83712 c. Applicant: Same as Owner d. Contact: Doug Tamura 1124 Santa Maria Boise, ID 83712 208-721-2151 Phone/208-343-2210 Fax e. Present Zoning: C-G (General Retail & Service Commercial) f. Present Comprehensive Plan Designation: Mixed Use — Community g. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to modify the previously approved site plan and building elevations approved with CUP-06-032 for a portion of Lot 4, Block 3, Devon Park Subdivision No. 1. See Analysis, Section 10, below for more information. h. Description of Applicant's Justification for CUP Approval: "Because of the difficult times in the retail leasing market, Fairview Lakes LLC has modified the retail center to be predominantly a strip center. The first phase (Retail 1/2) of the retail center has been constructed. Fairview Lakes is proposing an alternate landscape plan in lieu of a parking island. We have installed an 18-foot patio with a bike rack and bench to break up the parking in front of the current retail center. In phase II, the required courtyard was increased 3,150 square feet. The proposed landscape courtyard will include a water feature. The building elevations and heights will remain similar to the existing structure. Please note the building modulation has changed to reflect the building that was built. The buildings were modulated to provide a larger courtyard area for phase 11. All other conditions of CUP-06-032 shall remain the same, including the approval of the two drive -up windows." See applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-5A-2D, a public hearing is required before the Planning and Zoning Commission on this matter. Fairview Lakes Retail MCU-08-002 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 b. Newspaper notifications published on: September 1, 2008 and September 15, 2008 c. Radius notices mailed to properties within 300 feet on: August 18, 2008 d. Applicant posted notice on site by: October 1, 2008 6. LAND USE a. Existing Land Use(s): The portion of Lot 4 that is requested be modified contains one commercial building that has not yet received occupancy. b. Description of Character of Surrounding Area: Residential uses abut the site to the north and east. Existing and future commercial uses abut the site on the south and west. c. Adjacent Land Use and Zoning 1. North: N. Teare Avenue borders the site on the north; offices and single-family residences in Settlers Village Subdivision exist on the north side of Teare Avenue, zoned C-N 2. East: Single-family residential properties in Settlers Village Subdivision and carwash; zoned R-8 3. South: Bank and restaurant, zoned C-G 4. West: Retail store (Hastings/Hardback Cafe) and Department of Motor Vehicles, zoned C-G d. History of Previous Actions: This property was annexed in 2002 (AZ-02-011) with a C-G zoning district as part of the Fairview Lakes development. A Development Agreement was approved with the annexation (Instrument No. 102143306, First Addendum Instrument No. 103097614). The original Fairview Lakes PD (CUP-02-014) included the conceptual approval of 114,500 square feet of commercial and 15,000 square feet of office space, and detailed approval for 192 apartment units. In 2003, the first modification to the conceptual PD (CUP-03-014) included the approval of 122,000 square feet of commercial and 52,250 square feet of office space, and detailed approval for 96 apartment units. Also in 2003, a second modification to the conceptual PD (CUP-03-054) increased the office component by approximately 35,000 square feet and reduced the commercial/retail component by approximately 18,000 square feet. In 2004, CUP-04-049 granted detailed approval for the construction of four commercial buildings, totaling approximately 25,600 square feet of retail space, on two platted lots, Lot 1 and a portion of Lot 4, Block 3, Devon Park Subdivision No. 1. Banner Bank has already been constructed on said Lot 1. In 2007, CUP-06-032, a modification of CUP-04-049, granted approval of a new development plan (site plan & building elevations) for Lots 3 and 4, Block 3, Devon Park Subdivision No. 1. A Certificate of Zoning Compliance (CZC-07-027) was approved for retail building 1/2 on the subject property in 2007. The site plan and building elevations submitted with the CZC varied from the site plan approved with CUP-09-032 but were deemed to substantially comply with those previously approved. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: NA Location of water: NA Fairview Lakes Retail MCU-08-002 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Issues or concerns: None 2. Vegetation: There are several existing trees and landscaping on the site. 3. Floodplain: NA 4. Canals/Ditches Irrigation: The Flume Canal runs through this site but has been tiled. 5. Hazards: N/A 6. Lot Size: 5 acres f. Conditional Use Information: 1. Non-residential square footage: 44,000 overall; 11,700 existing (only includes retail buildings 1-4 at northeast corner of Lot 4) 2. Hours of Operation: 8 am to 10 pm g. Off -Street Parking: Off-street parking exists and is proposed on the site with future phases h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the subject property is provided from E. Fairview Avenue via N. Lakes Place and N. Teare Avenue. No new access points or streets are proposed with this application. 7. COMMENTS MEETING On August 29, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Public Works Department, Sanitary Service Company, and the Meridian Police Department. The aforementioned agencies and departments had no comments on this application. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use — Community." The purpose of the Mixed Use areas, as defined on page 102 of the Comprehensive Plan, is as follows, "There are five sub -categories of the Mixed Use designation. Generally, the designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The requested "Mixed Use — Community" designation allows up to 25 acres of non-residential uses, up to 200,000 square feet of non-residential building area and residential densities of 3 to 15 dwelling units to the acre. In Mixed Use — Community areas that are not Neighborhood Centers, over 25 acres of non-residential uses shall be permitted through the CUP process. Per the conceptual development plan, the subject site may develop with commercial uses such as retail along Chinden Boulevard/SH 20-26 and retail/office along Ten Mile, with multi -family residential units internally within the development adjacent to future single-family residential uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • "All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians." (Chapter VII, page 103) Fairview Lakes Retail MCU-08-002 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 The northern boundary of this site lies adjacent to N. Teare Avenue, which extends through this site from Settler's Village Subdivision. A pedestrian sidewalk exists along Teare Avenue. Staff believes that this site is directly accessible to the adjacent residential subdivision. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposal will contribute to the variety of uses in this area. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) Internal parking lot landscaping and street buffer landscaping is required to be installed and maintained on this site. Refer to the CUP Analysis, Section 10, for more information on landscaping at this site. • "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Objective D, Action 3) Parking lot landscaping has been provided on the site. Staff is including a condition of approval for one additional planter island to be installed on the site (see Analysis, Section 10 below for more information). "Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties." (Chapter VII, Goal IV, Objective C, Action 2) The north side of this building is adjacent to office and residential uses and does not contain any windows or architectural design features. To lessen the stark appearance of the building, staff is requesting the applicant provide additional landscaping within the street buffer along Teare Avenue (see Section 10 below for more information). 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists retail shops and restaurants as principal permitted uses in the C-G zone. For a complete listed of permitted and conditional uses in the C-G district, see UDC 11-2B-2. b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses which are customarily operated or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services, as well as retail sales for the transient and permanent motoring public. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed CUP modification request as presented in the staff report, with the following comments: Conditional Use Permit Modification (MCU): A MCU is requested to amend the site and building layout of retail buildings 1, 2, 3, 4, 4a, and 5 approved with CUP-06-032. The proposed modification only applies to the previously mentioned retail buildings approved on the northeast portion of Lot 4, Block 3, Devon Park Subdivision No. 1; no modifications are proposed to the remainder of Lot 4 or Lot 3. A site/landscape plan (see site plan attached in Exhibit A.2) was submitted for this site showing how the site was actually constructed in contrast to what was previously approved with CUP-06- 032 and CZC-07-027 (see site plans attached in Exhibits A.3 and A.4). Fairview Lakes Retail MCU-08-002 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 The previous site plan approved with CUP-06-032 depicted modulation in the building facades between retail buildings 1 and 2, only five parking stalls on the south side of retail building 1, and no parking in front of retail building 2. The structure that was built on the site combines retail buildings 1 and 2 and has no modulation in the facade. Parking exists along the entire south side of the building. Retail building 2 was pulled back to align with retail building 1 creating an appearance of a strip mall. The overall structure (retail buildings 1 and 2) was reduced in size from 13,500 square feet (s.f.) to 11,700 s.f. Future retail building 3 decreased in size from 8,000 s.f. to 4,800 s.f. Future retail buildings 4, 4A, and 5, consisting of a total of 18,900 is now combined in one structure and depicted as 15,000-18,000 s.f. The proposed site plan depicts retail 3 building recessed back approximately 5 feet from the face of retail building 1 /2 and retail 4 building projecting approximately 25 feet from the face of retail building 3. Overall, the proposed site plan depicts modulation between the existing structure and 2 future structures; however, the modulation has decreased greatly from the original approved plan. Staff favors the original plan and if the applicant had requested approval prior to construction as required, would most likely not have recommended approval of the request. Because the applicant has requested approval of a change in the site design after it was constructed, there is not a lot that can be changed at this point that doesn't involve knocking out walls. Therefore, Staff is reluctantly supportive of the MCU request with the conditions of approval noted in Exhibit B. (See site plans attached in Exhibits A.2 and A.3 for more information) A Certificate of Zoning Compliance (CZC-07-027) was approved in 2007 for retail building 1/2. The site plan submitted with the CZC varied from what was approved with CUP-09-032 but was deemed in substantial compliance (see site plans attached in Exhibits A.3 and A.4). The structure approved with the CZC combined retail buildings 1 and 2 but still showed modulation between the two buildings although not as much as in the CUP site plan. Access: Access to the subject property is provided from E. Fairview Avenue via N. Lakes Place and N. Teare Avenue. No new access points or streets are proposed with this application. Site/Landscape Plan: Staff has reviewed the site/landscape plan and has noted the following revisions as conditions of approval of the subject MCU: ➢ Per UDC 11-3B-8C2, planter islands are required at the ends of all rows of parking. The parking area on the west end of the building does not have a planter island on the north end of the row of parking as required by the UDC and as shown on the site plan approved with CUP-06-032. The applicant shall construct a planter island at the north end of the row of parking on the west side of the building in accordance with the standards listed in UDC 11-3B-8C2. ➢ Evergreen trees, minimum 6-feet in height, shall be installed within the street buffer along Teare Avenue to serve as screening of the rear of the building. The buffer area shall result in a barrier that allows trees to touch at the time of maturity. ➢ A trash enclosure shall be constructed on the site in the location depicted on the proposed site plan. Said enclosure shall be constructed of like color and materials as the building. Enclosure shall be incorporated into the overall design of the building and landscaping so that the visual and acoustic impact of this function is fully contained and out of view from adjacent properties and public streets, per UDC 11-3A-12B. Shrubbery and plants shall be installed on the sides of the enclosure to lessen the visual impact of the enclosure to passersby on the adjacent street and from adjacent properties. Submit details of trash enclosure with CZC application. Fairview Lakes Retail MCU-08-002 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Building Elevations: The building elevations that were approved with CUP-06-032 and CZC- 07-027 vary from the building (retail 1 /2) that was actually constructed on the site as discussed above, as follows: ➢ The construction materials that were approved on previous elevations depict a 2-coat stucco system on the walls of the structure with manufactured stone veneer accents. Upon visiting the site, I found that the north and side elevations, and the lower portion of the south elevation consist of painted block wall. Stone veneer accents have been used on the building in compliance with the elevations approved with the previous CUP & CZC. Staff believes that the painted block wall construction does not represent high quality construction materials and is not consistent with construction materials of existing buildings on the site. Further, staff believes that the appearance of the building from the offices and residences across Teare Avenue from the north is not visually pleasing Therefore, Staff recommends that all wall surfaces, excluding the portion that will abut retail building 3 on the east elevation, consisting of painted block wall be covered with stucco as originally proposed and approved. ➢ Windows were shown along the entire west end of the structure on the elevations approved with the CZC. The existing building only has windows along '/2 +/- of the west elevation. Staff recommends that windows be constructed along the entire west elevation as previously proposed and approved. ➢ The design of the entryway features constructed on the building fa9ade has also changed significantly from what was approved with the CUP & CZC. However, staff does not object to the changes made. Certificate of Zoning Compliance (CZC): The applicant shall be responsible to obtain a CZC permit from the Planning Department for the proposed changes to the site plan and building elevations, prior to release of occupancy for retail building 1/2. Note: When the site plan or building elevations change from what was originally approved through a CUP and/or a CZC, the applicant is responsible for requesting a modification to the previously approved plans PRIOR to construction. The end result of the requested change(s) should be comparable or better than what was originally approved in order for Staff to approve the change(s). Staff does not believe that the above noted changes to the site plan and structure are comparable or better; Staff believes that they result in a product that is lesser than was approved. Therefore Staff has included additional conditions as recommended above in Exhibit B as conditions of approval of the requested MCU. b. Staff Recommendation: Staff recommends approval of MCU-08-002 to modify the previously approved site plan and building elevations for Lot 4, Block 3, of Devon Park Subdivision No. 1, as presented in the Staff Report for the hearing date of September 18, 2008, subject to the conditions listed in Exhibit B. 11. EXHIBITS A. Exhibits 1. Vicinity Map 2. Proposed Site Plan 3. Site Plan Approved with CUP-06-032 4. Site Plan Approved with CZC-07-027 Fairview Lakes Retail MCU-08-002 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 5. Building Elevations Approved with CUP-06-032 6. Building Elevations Approved with CZC-07-027 7. Proposed Building Elevations 8. Site Photos B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from UDC Fairview Lakes Retail MCU-08-002 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 A. Drawings 1. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 2. Proposed Site Plan E:i z I ! r✓ - ({BNNf9 9AM � t =y r I � ; "t 1).. F FfWl!?M d�iipp , 1 SiTE- PLAN Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 3. Site Plan Approved with CUP-06-032 cieau NOTESirrtT- T � - w um 6CAPE DATA �! —`�co W a 0 17AIR14E'W AVENUE LIimam 21 l .-.._ , iL.r'":.'�"r...► 2— TRW MT. 3 m —Im 4 PLANTN6 ..... ,� _. —' C TRASH_ L1.© Exhibit B U 7.0 z PI': CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 5. Building Elevations Approved with CUP-06-032 T- Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 6. Building Elevations Approved with CZC-07-027 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16,2008 7. Proposed Building Elevations i wxvb� r SOUTH RLBUATiON 0 f: NORTH ELEVATION It FAST PgAT70N flji IlrryT� A3.0 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 8. Site Photos Existing structure on "Retail 1/2" R,« Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site/landscape plan attached in Exhibit A.2 shall be revised as follows: a. A planter island is required to be constructed at the north end of the row of parking on the west side of the building in accordance with the standards listed in UDC 11-3B-8C2. b. Evergreen trees, minimum 6-feet in height, shall be installed within the street buffer along Teare Avenue to serve as screening of the rear of the building. The buffer area shall result in a barrier that allows trees to touch at the time of maturity. C. A trash enclosure shall be constructed on the site in the location depicted on the site plan in Exhibit A.2. Said enclosure shall be constructed of like color and materials as the building (chain link with slats shall not be used). Enclosure shall be incorporated into the overall design of the building and landscaping so that the visual and acoustic impact of this function is fully contained and out of view from adjacent properties and public streets, per UDC 11- 3A-12B. Shrubbery and plants shall be installed on the sides of the enclosure to lessen the visual impact of the enclosure to passersby on the adjacent street and from adjacent properties. d. Per UDC 11-3B-8C.2.c, a planter island is required at the north end of the row of parking on the west side of the building in accordance with the standards listed in UDC 11-3B-8C2. 1.3 The building elevations included in Exhibit A.6 shall be revised as follows: a. All wall surfaces, excluding the portion that will abut retail building 3 on the east elevation, consisting of painted block wall be covered with a 2-coat stucco system. b. Windows shall be constructed along the entire west elevation in substantial conformance with those approved with CZC-07-027. 1.4 The applicant shall be responsible to obtain a Certificate of Zoning Compliance permit from the Planning Department for the proposed changes to the site plan and building elevations that complies with the conditions contained in this report, prior to release of occupancy for Retail Building 1/2. 2. PUBLIC WORKS DEPARTMENT Public Works has no comments on this application. 3. ADA COUNTY HIGHWAY DISTRICT See next page Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 .001 f,� i W, HDC" A. F ev", RM54mt STY R- Huber, 1st Vice Resident IN— , 2nd Vice Prudent John 5, Franden, CwmMiorw Rebecca W. Arnold, G w"rS9WW August 14, 2008 f r- _ RF ED TO: Fairview Lakes, LLC e * 1124 Santa Maria Boise, '��� z � ID 83712 iTy 0': I'"Ef�IDIAN REP: Doug Tamura CITY CLEF?K SUBJECT MMCU-08-002 Modify Bldg, Layout 950 E. Fairview Ave On March 26, 2003, the Ada County Highway District acted on the revised MPP-02-034 for Devon Park Subdivision #1. The conditions and requirements also apply to MMCU-08-002 • Prior to final approval you will need to submit construction plans to the ACHD Development Review Section to insure compliance with the conditions Identified above and/or for traffic Impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District e A traffic Impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning 8, Development Services at 387-6170 for information regarding impact fees. If you have any questions or concerns please feel free to contact this office at (208) 387-6177 Sincerely, Ch eetu!iira"A­� Right-of-Way and Development Services CC: Project File City of Meridian Ads Cnu* HlgF 0st". 3775 Adapts 53rcet •Garden dij, U) • 83714 • PH 2Oi-387-6100 • IX 345-7650 ;;WAchd ado id fa Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the site is large enough to accommodate the changes to the CUP as proposed and still meet all of the dimensional and development regulations of the C-G district. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use — Neighborhood (MU-N). The property is currently zoned C-G, which is consistent with the MU-N designation. The existing and future residential use of the property complies with this designation. 3. 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. Staff finds that, if the Applicant complies with the conditions outlined in this report, the proposed design, construction, operation and maintenance of the structure should be compatible with other uses in the general area and with the existing and intended character of the area. Further, Staff believes that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that the subject property is currently served and will continue to be served by the public facilities and services mentioned above. 6. 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. Staff finds the proposed use of the property should not create excessive additional costs for public facilities and services. Staff finds that the proposed use will not be detrimental to the community's economic welfare. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. Staff recognizes that traffic and noise is a concern; however, Staff finds that the amount generated will not be detrimental to persons or property in the general area. Further, Staff does not anticipate the existing and future residential use of the property will create excessive noise, smoke, fumes, glare, or odors. The Commission should rely upon any public testimony provided to determine if the development will be detrimental to any persons or property in the vicinity. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. Staff finds that the proposed commercial/retail use of the property will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C