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HomeMy WebLinkAboutMaverik Locust Grove-McMillan CUP-08-016CITY OF MERIDIAN ~ T FINDINGS OF FACT, CONCLUSIONS OF E IDIAIV ~~~' LAW AND DECISION & ORDER ~' M In the Matter of Conditional Use Permit for a Convenience Stare and Fuel. Sales Facility ui a C-N Zoning District per Requirement of the Development Agreement, by Maverik Inc. Case No(s). CUP-08-016 For the Planning & Zoning Commission Hearing Dates of: July 3, and 17, 2008, and the City Council hearing date of October 7, 2008 (Findings scheduled for October 28, 2008) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of July 3, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 3, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 3, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 3, 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. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE. NO(S). CUP-08-016 Page 1 S. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Flanning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Site Plan, Building Elevations, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 3, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conditional Use Permit as evidenced by having submitted the site plan dated 4/9/08 and building elevations, dated 1/25/08, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 3, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may CITY OF MERTDTAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NH(S). CLIP-08-O1 b Page 2 require the conditional use comply with the current provisions of Meridian City Cade Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat ar conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 July 3, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-016 Page 3 By action of the City Council at its regular meeting held on the ~ day of ~~~ , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED 1, COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED ~, ~. MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T c Wccrd \`\```111111111t11f11!// ~~/ ~ M~ '~. Attest: ~,.` .~`t O~ %, ~' r qy ''- .~' Fo ~= Jayce olman, it~Cle ~ ~ _ ~ ,~~ `~= X0,9 ~r is~ ~ .~~ ~. '~, P ~~` Copy scrvcd upon App1iC~~Cp~~~~~7cpartmcnt, Public Works Dcpartmcnt and City /'//11111 nlllll~~ Attorney. By: Dated: LO-~~jl-d$~- Cit erk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-016 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1ULY 3, 2008 STAFF REPORT Hearing Date: July 3, 200$ TO: Planning & Zoning Commission FROM: Sonya Wafters, Associate City Planner E IDIAN ~ =`"'' (208) $$4-5533 ° ~-p';a, SUBJECT: Maverik (Locust Grove/McMillan) • CUP-08-016 C',nnditiona1 Use Permit for a convenience store and fuel sales facility in a C-N zoning district, per requirement of the Development Agreement * DES-08-020 Design Review far structure/site located adjacent to an entryway corridor, per requirement of the Development Agreement and UDC 11-3A-19B 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Maverik, Inc., is requesting Conditional Use Permit (CUP) approval for a Maverik convenience store and fuel sales facility, per requirement of the Development Agreement (DA) for Woodland Springs Subdivision. Design Review approval of the proposed structure and site is also requested with this application, per requirement of the DA and UDC 11-3A-19B. The property is located on the northeast corner of N. Locust Grove Road and E. McMillan Road. A final plat has been approved, but not yet recorded, that depicts the subject property as Lot 1, Block 1, of Woodland Springs Subdivision No. 1. The site is currently zoned C-N and consists of 1.42 acres. 2. SUMMARY RECOMMENDATION The subject applications (CUP-08016 & DES-08-020) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis for the requested CUP & DES applications below acid reconunended conditions of approval for the CUP application. Staff recommends approval of CUP-08-016 far Maverik, as presented in the Staff Report for the hearing date of Tilly 3, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed iu Exhibit B. Note: Per UDC 11-SA-2, Design Review (DES) applications are approved at the administrative level by the Planning Director. However, because DES approval is requested concurrently with the CUP, Staff has included analysis on the UPS' request in this staff report; the DES application does not require Commission action. The Meridian Planning & Zoning Commission heard this item on July 3, and 17, 2008. At the ublic hearin on Jul 17 2008 the moved to a rove the sub"ect CUP re nest. Findin s of Fact and Conclusions of Law were a roved b the Commission on Au ust 7 2008. After Commission ap royal of the FindinSS, the applicant requested City Council review of the Commission's decision, which was uranted. A new public hearing was s~hednled for October 7 2008. At the hearing on October 7, 2008, the City Council sranted approval of the applicant's re uest for no restrictions on the hours of o eration for the convenience store & fuel sales facilit see summar of Ci Council hearin bclow . a. Summar of Commission Public Hearin i. In favor: Dan Murray; Todd Meyers ii. In opposition: Jeff Greene; Andy Mitchell; Kimberly Mitchell; Judy Horlacher; JoAnn Horlacher; Doug Racine iii. Commentins: None Maverik Locust Grove-McMillan CUP Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7ULY 3, 2008 iv. Written testimony: Val Greenspan; Jason O'Very; Liz Pew; Susan Greenman: Sart Naylar;_John R. Knowles III v. Staff resentin a lication: Son a Watters vi. Other staff commenting on application: None b. Key Issae s) of Discussion by Commission: i. ACHD's laps for widenin and si nalizin the intersection• ii. The effect of the nroDOSed convenience store g~nd fuel sales facility on adjacent residential properties; iii. Limitation on hours of o eration. c. Ke Commission Chan e s to Staff Recommendation: i. Add condition of approval for the hours of operation of the convenience st_or_e and fuel sales facility_ to be restricted to the hours between b axn and 11, pm, 7 days a week (see condition of approval #1.15 in Exhibit S); ii. Add condition of approval for the requirement of a st~e,l vapor recovery system to be installed for the fuel facili see condition of a royal #1.16 in Exhibit B iii. Add condition of approval for the applicant to work with ACHD, to obtain a license a reement to install landsca in and irri anon s rinklers on the ro crt south of the detached sidewalk alone McMillan Road to the edge of the future back of the curb. A licant shall also be res onsible for maintainin this area see condition of a royal #1.17 in Exhibit B). iv. Add condition of a royal for the a licant to submit a road trust to Ada Coun Highway District for a minimum of five fpot wide detached sidewalk on McMillan Road once that road has redevelo ed see condition of a royal #1.18 in Exhibit B . ix _eremv_F iL In onnos owers: Brad Va ition: None n Mueller: and Tammv_ Farmer 111. ~4D1ine JJO~; one 1y. Written testimony: None Y. Staff pre Sentin~anulicati on: Anna Canning yy Other sta ff commenting o n application: None la. L_ ~, - ev Council Changes to Com ~ mission Recommendation _ _ ~ Qpera 'Q n to allow the con venience store and fuel sales facility to overate 24 hours a other bui ldings on the_ 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, l move to approve File Number CUP-08- 016 as presented in the staff report far the hearing date of July 3, 2008, with the following modifications to the conditions of approval: (add any proppsed rnodifications). Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission meeting on July 17, 2008. Maverik Locust Grove-McMillan CUP Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-08- 016, as presented during the hearing on July 3, 2008, for the fallowing 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 1`indings document tci be cunsidered at the next Planning and Zoning Commission meeting on July 17, 2008. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- OS-016 to the hearing date of (insert continued hearing date here) for the following rea.s~n(s)~ (yin should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located on the northeast corner of N. Locust Grove Road and E. McMillan Road (Depicted on the approved final plat for Woodland Springs Subdivision No. 1 as Lat 1, Black 1) Southwest''/a of Section 29, Township 4 North, Range 1 East b. Owner: Maverik, Inc. 880 W. Center Street North Salt Lake City, UT 84054 c. Applicant/Contact: Brad McDougal, Maverik, Inc. 880 W. Center Street North Salt Lake City, Utah 84054 d. Present Zoning District: GN (Neighborhood Business District) e. Present Comprehensive Plan Designation: Mixed Use -Neighborhood f. Dcscription of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval fora 4,377 square foot convenience store and fuel sales facility for Maverik in a C-N zoning district. Design Review approval is also requested for the proposed structure and site. g. Description of Applicant's Justification fpr CUP Approval: Taken from Applicant's narrative: "Maverik is proposing a 4,377 square foot convenience store with 5 fueling dispensers located on the northeast corner of Locust Grove and McMillan Road. The Maverik lot will contain approximately 1.42 acres and shall have access through the adjoining lots to both Locust Grove azxd McMillan Roads. Crass-access easements will be recorded." 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as deternned by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Planning and Zoning Comrission on this matter. b. The subject application will, in fact, constitute design review as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2D, this type of application is approved at administrative level by the Director. Maverik Locust Grove-McMillan CUP Yage 3 C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 c. Newspaper notifications published on: June l6, and 30, 2008 (Conunission); September 1S, and 29, 2008 (City Council) d. Radius notices mailed to properties within 300 feet on: June 6, 2008 (Commission); September 12, 2008 (City Council) e. Applicant posted notice on site by: June 20, 200$ (Commission); September 28, 2008 (City Council 6. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: The surrounding area consists of rural and urban single-family residential uses and an Idaho Power substatian. The adjacent property to the east has been approved for Portico Subdivision, a 26 lot residential development, but is not yet in the development process. c. Adjacent Land Use and Zoning 1. North: Rural residential property, zoned RUT (Ada County) 2. East: Rural residential property, approved fora 26-lot residential subdivision (Portico), zoned R-8 3. South: Idaho Power substation, zoned R-8 4. West: Rural and urban residential properties, zoned RUT (Ada County) & R-4 d. History of Previous Actions Pertaining to this Site: • A Comprehensive Plan Map Amendment (CPA-07-014) was approved (Resolution #08- 593) in 2008 to change the future land use map designation for the subject property, and Woodland Springs subdivision as a whole, from Medium Density Residential to Mixed Use -Neighborhood. • This property was annexed (AZ-07-014, Ordinance #08-1349) in 2008 with a C-N zoning district. A Development Agreement (Instrument #108022886) was approved and recorded with the annexation that included provisions for development of the property. Specific provisions of the DA required CUP approval for a convenience store/fuel station use on the subject property and DES approval of the proposed structures and site. • A Preliminary Plat (PP-07-019) for Woodland Springs Subdivision was approved with the AZ and CPA applications. The PP consisted of 4 commercial building lots on 7.55 acres. • A Final Plat (FP-08-003) was approved in 2008 for the first phase of Woodland Springs subdivision consisting of 3 commercial building lots and 1 common lot on 4.52 acres. • A Final Flat Modification (MFP-08-004) has been submitted to modify the landscape plan approved with the final plat for Woodland Springs Subdivision No. 1, as shown in Exhibit A.4; the hearing is scheduled for the July 8, 2008 City Council meeting. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Main is to he installed with the Woodland Springs Subdivisinn_ Services will need to be installed to the new purposed building. Maverik Locust Grove-McMillan CUP Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 Location of water: Main is to be installed with the Woodland Subdivision. Services will need to be installed to the new purposed building. Issues or concerns: None 2. Vcgctation: Thcrc arc no cxisting trccs on the sitc. Scvcral existing trccs were previously removed from the site and are being mitigated for in compliance with the requirements listed in UDC 11-3B-10, as shown on the landscape plan. 3. Floodplain: NA 4. Canals/Ditchcs Irrigation: Thcrc arc no waterways that currently run through the subject property. However, the Lemp Canal is proposed to be relocated from the south side of McMillan Road to the north side of McMillan within the street buffer area on the subject property. See below for details on landscaping in this area. 5. Hazards: No hazards are known to exist on the site. 6. Existing Zoning: C-N 7. Lot Size: 1.42 acres f. Conditional Use Information: 1. Non-residential square footage: 4,377 square feet 2. Hours of Operation: 24 hours per day, 7 days a week g. Off-Street Parking: 1. Parking spaces required: 9 2. Parking spaces provided: 26 (including 2 handicap stalls; not including spaces izx fueling area) 3. Compact spaces proposed: 0 Per UDC 1 X-3C-6B, one parking space is required per 500 square feet ofgrass floor area in commercial districts; the proposed parking exceeds this requirement. h. Landscaping 1. Width of street buffer(s): A minimum 35-foot wide buffer is required to be constructed along E. McMillan Road, an entryway corridor and minor arterial street. A minimum 25-foot wide buffer is required to be constructed along N. Locust Grove Road, a minor arterial street. Landscaping within the street buffers shall comply with the landscaping standards listed ui UDC 11-3B-7. 2. Width of buffer(s) between land uses: NA (There are no residential uses that abut this site.) 3. Other landscaping standards: Parking lot landscaping is required in accordance with the standards listed in UDC 11-3B-8C. i. Required dimensional standards for the C-N zone, per UDC 11-2B-3: Front setback (in feet) 20 Rear setback in feet) 25 Interior side setback in feet 0 Street landscape buffer (in feet Local 10 Collector 20 Maverik Locust Grove-McMillan CUP Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 ~h' ~ u'~ _.. Arterial 25 Entr a corridor 35 Interstate 50 Landscape buffer to residential uses 20 [see note below] in feet "' Maximum buildin height in feet 35 Maximum building size without 7,500 design standard approval as set forth in 11-3A 3 ins uare feel Parking requirements See Chapter 3 Article C. off-street parking and loading requirements Landscaping requirements . _ See Chapter 3 Article B. landscaping requirements * ~ [~ "" 6catian as Shawn ^ ~ . ~ {{ ~ ~~~ ~ ~a;.t>n~ adjae~I.properiy ~'... i ~~. .... -- ----- ~ Nate: Per UDC 11-4-3-20 (Specific Use Standards for Fuel Sales Facility) requires the total height of any overhead canopy or weather protection device to not exceed 20 feel. The prupused canopy height is 19 feet measured from finish grade to the top of the canopy, which complies with this requirement- Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access for this site is prnposed from one off-site access point to/from N. Locust Grove Road and one off site access point to/from E. McMillan Road across Lot 2, 131ock 1, of Woodland Springs Subdivision No. 1 via a blanket cross-access easement depicted on the final plat. No additional access points are proposed with this application and none are approved. A blanket cross-access easement is depicted on the final plat for all lots within the subdivision. Staff and ACRD are supportive of the proposed off-site access points to the .site. Please see Staffls comments below in Section 10, for more information. 7. COMMENTS MEETING On June 13, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian r'ire llepartrnent, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Neighborhood." In Chapter VII of the Comprehensive Plan, mixed use areas generally provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of the mixed use 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. Areas designated as "Mixed Use -Neighborhood" are allowed up to 10 acres of non-residential uses; up to 100,000 square feet of non-residential building area; and residential densities of 3 to S dwelling units per acre. Sample uses include: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, salons, daycare, professional offices, medical/dental clinics, retail/gift shops, schools, parks, churches, clubhouses, and public uses. Staff finds that the Maverik Locust Grove-McMillan CUP Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 request generally conforms to this sated purpose and intent of the Mixed Use -Neighborhood designation within the ConrxprehensivelPfan. 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): • "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on arterial streets." (Chapter VI, Goal II, Objective A, Action item 12) There are two access points to/from Woodland Springs Subdivision from adjacent arterial streets; one,from N. Locust Grove Road and one from E. McMillan Raad. The subject property is accessed via a blanket cross-access easement across Lot 2, Block 1 that is depicted on the final plat far all lots within the subdivision. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, beams, etc.)." (Chapter VII, Goal N, Objective D, Action item 4) A 25-foot wide landscape street buffer was required along N. Locust Grove Road, a minor arterial street; and a 35 foot wide landscape buffer tivas required along E. 11IcMillan Road, a minor arterial street and entryway corridor, with approval of the plat. Said buffer should be landscaped in accordance with the standards listed in UDC 11-3B-7C and installed with the improvements far the subdivision. • "Peruut new .conunercial development only where urban services can be reasorxably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Actiom item 6) This property is currently in the City and is able to be provided with City services. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The proposed convenience store and fuel sales facility is the only such business in the general vicinity. 1t is expected that a variety of commercial/office uses will develop on the adjacent lots in Woodland Springs Subdivision. • "Require all conunercial businesses to install and maintain landscapi~~g." (Chapter V, Goal III, Objective D, Action item 5) Infernal purkirig lut lurldsca~airag is pruposed with this upplicution urid should Le instulled and maintained in accordance with the applicable standards listed in UDC 11-3B-7 and 11- 38-8. Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with the existing and future surrounding uses. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applleant's request is appropriate for .this property. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the principal permitted, accessary, and conditional uses iri the C-N zoning district. Retail stores, persozxal or professional services, healthcare or social services, and restaurants are all principal permitted uses in the C-N district. Fuel sales facilities required CUP approval in the C-N zoning district. Additionally, there Maverik Locust Grove-McMillan CLIP Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 is specific use standards listed in UDC 11-~-3-20 for fuel sales facilities that the applicant must comply with. b. Purpose Statement of the Commercial Districts: 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 accomrnadated in the district, the scale and mix of allowed commercial uses, and the location of tkxc district in proximity to streets and highways. The allowed uses in the C-N district are primarily small-scale convenience type uses. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CLIP request as proposed, with the following comments: CUP: The applicant submitted two site development plans (included as Exhibits A.2 ~ A_3) for the property. The site plan labeled as "CUP Site Plan" shows the proposed off site access from Locust Grove; the site plan labeled as "Architectural Site Plan," Sheet C-0.1 shows the proposed off-site access from McMillan. Both of the site plans depict a 4,377 square foot convenience store with an outdoor picnic area and S fueling islands. Per UDC 11-2B-2, retail uses are principal permitted and fi~e1 sales facilities are a conditional use in the C-N district. However, the existing Development Agreement far Woodland Springs Subdivision specifically requires CUP approval for the proposed convenience store and fuel sales facility. Dimensional Standards: Per UDC 11-2B-3, there is a 20-foot front setback and 25-foot rear setback requirement in the C-N zoning district. There is not a required setback on interior sides. Where landscape buffers are required, buildings must be setback at least the width of the required buffer, regardless of the required setback. The maximum building height in the C-N district is 35 feet; the highest peak of the proposed convenience store structure is 2$'7", which complies with this requirement. Additionally, per UDC 11-4-3-20, the maximum height for overhead canopies or weather protection dcviccs is 20 feet; the proposed fuel canopy is 19' which complies with this requirement. Fuel Sales Facility: Per UDC 11-4-3-20, there are Specific Usc Standards that apply to the proposed fuel sales facility use of the property as follows: - When allowed as an accessory use, gasoline or dicscl fuel sales facilities shall not occupy more than twenty-five percent (25%) of the subject property. The proposed fuel islands do not occupy more than 25% of the subject property. - The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). The proposed canopy height is 19 feet, which complies with this requirement. - Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located witliiiz fete feet (10') of any abutting residential districts. The submitted site plan shows adequate stacking area on the site outside of the fueling areas. No residential uses ar districts abut the site. - If the use is unattended, the standards in accord with Section 11-3A-11 of this Title shall also apply. Not applicable (the use is attended) Building Elevations: Building elevations for the proposed convenience store and fuel canopy were submitted with this application and are included in F.xhihit A_ F.xterinr materials for the Maverik Locust Grove-McMillan CUP Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7ULY 3, 2008 convenience stare are proposed to be EFTS (Exterior Insulation and h'inish System - i.e. synthetic stucco) with stone veneer accents. The roof and awning are proposed to be metal. Building materials for the fuel canopy are proposed to be pre-finished metal trim with vinyl to match the convenience store. The fuel canopy columns are proposed to be clad with aluminum and match the color of the 1~1TS, and the bottoms will be accented with cultured sturie veneer. Further, the fuel canopy is proposed to consist of materials that coincide with those proposed on the convenience store. The proposed building and fuel canopy shall be constructed in accordance with the elevations shown in Exhibit A. Staff is generally supportive of the proposed elevations with the conditions noted below under the Design Review section. Access: Access for this site is proposed from one off-site access point to/from N. Locust Grove Road and one off-site access point to/from E. McMillan Road across Lot 2, Block 1, of Woodland Springs Subdivision No.l via a blanket cross-access easement depicted on the final plat. No additional access points are proposed with this application and none are approved. Direct lot access to N. Locust Grove Rnad and R- McMillan Road is prohibited- A blanket cross-access easement is depicted on the final plat for all lots within the subdivision. Staff and ACRD are supportive of the proposed off-site access points to the site. Parking: Per UDC 11-3C-bB, in commercial districts, one off-street parking space is required per S00 square feet of gross floor area. Based on the total square footage of structures on the site (4,377 s.f.), 9 parking stalls are required; 26 spaces are currently provided including 2 handicap stalls (parking under the fuel canopy is not included). Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 vehicle spaces, or portion thereof, in compliance with the standards listed in UDC 11-3C-SC. Per this requirement, a minimum of 2 bicycle spaces are required to be provided on the site. Site Plan: Staff has reviewed the site plans included in Exhibit A submitted with this application. The following items should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance application: (Nate: The scale on the plan labeled `Architectural Site plan" appears to be a little off; please correct the scale so that it matches the dimensions depicted on the plan.) • Per UDC 11-3C-6G, provide a minimum of 2 bicycle parking spaces on the site in compliance with the standards listed in UDC 11-3C-SC. • An internal pedestrian pathway is required to be constructed at the northeast corner of the convenience store northeast across the drive aisle as showzx in Exhibit A.7 (per the Development Agreement). Said pathway shall be distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. • Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not he less than S feet in any dirnensinn, measure inside curbs. The planter along the north boundary of the site adjacent to parking and sidewalk is less than S feet in width; revise plan accordingly to comply with this requirement. Landscaping: Staff has reviewed the landscape plan, included as Exhibit A.4, submitted with this application. The following items should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance: (Note: The scale appears to be off~a little; revise the plan to coincide with the dimensions on the site plan per the requested modifcations.) • Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. The planter along the north boundary of the site adjacent to parking and siderovalk is less Haan 5 feet in width; revise plan accordingly to comply with this requirement. M:averik Locust Grove-McMillan CT,JP Yage 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 The three existing trees shown within the 30-foot wide irrigation easement shall be relocated on the site if the easement holder does not allow trees within the easement- Provide street buffer landscaping within the buffers along Locust Grove Road and McMillan Road in accordance with the landscape plan approved with the final plat (prepared by Landmark Engineering & Planning, dated 1/30/08, stamped by Jed Wyatt on 4/24/08). In order to vary from the approved landscape plan, a final plat modification application shall be submitted for approval by City Council for an amendment to the approved landscape plan. (The applicant has submitted a final plat modification application to the City that is scheduled to be heard by City Council on 7/8/08.) Sidewalks: The architectural site plan depicts 5-foot wide sidewalks along N. Locust Grove Road and E. McMillan Road. Per UDC 11-3A-17C, detached sidewalks shall be required along all arterial streets. Staff recommends that minimum 5-foot wide detached sidewalks be constructed along both Locust Grove and McMillan Roads in compliance with the standards listed in UDC 11-3A-17. Note: ACHD is planning to construct the sidewalk along McMillan an the south side of the relocated Lemp Canal. Internal Pedestrian Walkways: As a provision of the DA for this site, internal pedestrian walkways shall be constructed as shown on the concept plan attached in Exhibit A.7, approved with the plat (shown in Exhibit C of the DA). The concept plan depicts a pathway at the northeast coruer of the convenience stare northeast across the drive aisle that is not shown on the site plan; this pathway shall be shown on a revised site plan. Multi-Use Pathway: Per the Meridian Pathways Master Plan, the City's multi-use pathway system is not planned to cross this site. A portion of the pathway is planned along the south side of McMillan Road, but has not yet been constructed. Outdoor Seating: An outdoor seating area is depicted on the site plan that consists of a. couple of picnic tables covered by a trellis structure within a landscaped area to the north of the convenience store. This amenity was required as a provision of the DA. Staff is supportive of the proposed outdoor seating area. Fencing: An 8-foot tall solid vinyl fence is proposed along the southeast corner of the building to screen the outdoor service and equipment area, in compliance with the standards listed in UDC 11-3A-12. Staff recommends this area be screened as proposed. Hours of Operation: The proposed hours of operation for the convenience store and fuel facility are 24 hours a day, 7 days a week. Staff does not object to the proposed hours of operation. However, the Cnmmi.ccinn .chnuld rely upon any public testr'mnny provided to determ.i.ne f the proposed hours of operation will be compatible with neighboring residential uses. Ditches, i.aterals, and Canals: There are nn ditches, laterals, or canals that currently traverse this site. However, a 30-foot wide Settler's irrigation easement is depicted on the site plan along the south property boundary where the Lemp Canal is proposed to be relocated by ACHD from the south side of McMillan Road. Yer UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Note: Because ACHD is relocating the Lemp Canal, a waiver is not required to be obtained by the applicant from the City Council if it is left uncavered,~ ACHD does not intend to cover it. 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 utilize 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 Maverik Locust Grove-McMillan CUP Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF J[JLY 3, 2008 utilized, the developer will be responsible far the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior to issuance of building permits, for the proposed convenience store and fuel facility. The site/landscape 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. DESIGN REVIEW: Per the Development Agreement, all structures on the site are subject to the design review standards listed in UDC 11-3A-19C. This site is also subject to design standards because it is located adjacent to McMillan Road, an entryway corridor. The applicant has applied for Design Review approval of the proposed stnichires on the site with the subject CUP application. The applicant shall comply with the design standards listed in LTDC 11-3A-19C as follows: 1. Architectural Character: a. Facades: Facades visible ti-om a public street shall incozparate modulations in the facade, roof line recesses and projectians along a minimum of twenty percent (20%) of the length of the facade. The facades of the c-store visible from McMillan c& Lacust Grove Roads have modulation, roof line recesses, and projections that meet this requirement. However, the facade of the fuel canopy does not comply with this requirement; the applicant shall revise the elevations to comply with this requirement, or relocate the canopy so it is oat visible from a public street. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural .design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. The primary building entrance for the convenience stare is defaned by the architectural design of the building and an awning over the entrance. The windows and awnings shown on the west and south elevations exceed the required 30% of the facade. This requirement does is not applicable to the fuel canapy. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) conuces. The proposed roof desigra of the c-store incorporates two roof planes, two parapet heights, and cornices, which complies with this requirement. The roof line proposed for the fuel canopy does not comply with this requirement; the applicant shall revise the elevations to closer correspond with the design of the c-store roof line. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. The building design of the convenience store incorporates 2 different colors of EFIS (synthetic stucco) with stone veneer, which complies with this requirement. The building design of the fuel canopy incorporates pre-finished metal trim, aluminum cladding around columns, and vinyl with cultured stone accents. A mix of colors is proposed on the fuel canopy. The design of the c-store and fuel canopy complies with this requirement. Maverik Locust Grove-McMillan CUP Page 11 CITY OF M)~RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 e. Mechanical equipment: A11 ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. An 8 foot tall fence is proposed to screen service equipment at the southeast corner of the building. All rooftop mechanical equipment shall be screened by the parapet as required. No mechanical equipment is proposed on the roof of the. fuel canopy. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry hlnck, nr stuccn nr stucco-like synthetic materials- Smoath- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. Exterior building materials for the c-store are proposed to be two different colors of L'FLS' (Exterior Insulation and Finish System - i.e. synthetic stucco) with stone veneer accents. The roof and awning are proposed to be metal, which complies with this requirement. Building materials for the fuel canopy consist of pre- fznished metal trim to match the roof/awning on the c-store, vinyl, and stone and aluminum clad columns. Several different colors are proposed on the canopy. Staff believes the colors and materials proposed for the c-store and fuel canopy comply with this requirement. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/arc scrccncd £rom vices by othcr structures, landscaping and/or berms. The parking shown an the site plan complies with this requirement. (This requirement does is not applicable to the. fuel canopy.) 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') ui width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. An 8 foot wide walkway is proposed from the sidewalk along Locust Grove Road to the sidewalk leading to the main entrance of the convenience shire. An 8 foul wide wulkwuy is nut required (per the DA),fram the sidewalk along McMillan to the main building entrance because ACHD proposes to not cover the Lemp Canal. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. The internal pedestrian walkway that is proposed from Locust Grove Road to the sidewalk leading to the main building entrance should be constructed of decorative stamped concrete, as proposed. The pathway required from the sidewalk along McMillan Road to the main building entrance shall also be constructed of stamped concrete (unless the Temp Canal rPmain.c open, in which case a pathway i.c not regletred). (Thz.c requirement does is not applicable to the fuel canopy.) c. Walkways a.t least. eight. feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. NA (This requirement does is not applicable to the fuel canopy.) d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. The elevations show an Maverik Locust Grove-McMillan CUP Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAPP REPORT FOR THE HEARING DATE O.F JULY 3, 2008 awning over the muin building entrance, which complies with this requirement. (This requirement does is not applicable to the fuel canopy.) b. Staff Recommendation: Staff recommends approval of CUP-08-016 for a convenience store and fuel sales facility, as presented in the Staff Report for the hearing date of .Iuly 3, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Planuiu & Zonin Commission heard this item on Jul 3 and 17 2008. At the ublic hearin on Jul 17 2008 the moved to a rove the subject CUP re uest. Findin s of Fact and Conclusions of Law were a roved b the Commission on Au ust 7 2008. After Commission a royal of the Findin s the a licant re uested Ci Council review of the Commission's decision which was ranted. A new pnhlic hearing was scheduled far October 7. 2008. At the hearing on October 7. 2008. the operation for T uInnlar~ 11. EXHIBITS A. Drawings 1. Vicinity/"Coning Map 2. CUP Site Plan (prepared by Dixon + Associates, dated 4/9/08) 3. Architectural Site Plan (prepared by Dixon + Associates, dated 1/29/08) 4. Landscape Flan (prepared by Dixan + Associates, dated 1/29/08, labeled as Sheet L1.0) 5. Building Elevations 6. Fuel Canopy Elevation 7. Conceptual Site Plan Approved with the Preliminary Plat B. Conditions of Approval 1. Flapping 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 1~'indings from the Unified Development Code Maverik Locust Grove-McMillan CUP Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 A. Drawings 1. Vicinity Map „ ~. ,r ,; `\. ~' ..~; - .. ~ ,.... ~_ _: ~:... ~, .~, -- V it _ ~ ... ', ..I~~ ...... Exhibit A Page 1 CITY QF MERIDIAN PLANNING DEPARTMENT STAFF REPQRT FQR THE HEARING DATE. OF JULY 3, 2008 2. Site Plan (prepared by Dixon + Associates, dated 4/9/08, labeled as Sheet CUP Site Plan) Exhibit A ®~ ,~,..~ ~m o.rn r° ..d..r~.F. ..m. e,.~nsi.~,`....w ........w.ww.d ......-~`L.. ~,... w.«..~w.~.~+, ~'~~ .. ' Tay wwW I~w.. . LFICWXNI _ _-- .+a IF r..... ,o,.. ..~ o .~. ~... w'""i..~~r <. .: pry' w.....iuna .w.. a..i+P rrmn~u[~ _ t ®'m"e ""' we nru wn .r o ~~~ ~. , ~~ ~w. RBI ~ {pyt~rpM a~~~ ~~a~ Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 3. Architectural Site Plan (prepared by Dixon + Associates, dated 1/29/08) Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF Rk'PORT FOR THE HEARING bAT,E O.F JULY 3, 2008 4. Landscape Plan (prepared by Dixon + Associates, dated 1/29/08, labeled as Sheet L1.0) F!. ,'~iY" ,.,.. .•.7r. Y,~ w `~'~~~ T ~~ ,.~~y,'. 6.~tiP Ai~V1IGI,AN 120Ab . ~._._~\ iA PIRA ~~ ~f ....... r.~.rcra,. aMq*ti.a ~t~m`ie~n`i...~ P~q=~ Awn M~7s#i ~. ... - ......~... yy ,.. in ~~n .y 4.RRb 4Pp~u> _ GJ~LL]ING ML.a •7P1T M .w~r".a.* ,tea npas 4r e.+a+cer .,. .,.n ~ --- - . ~ "'~ .. Via ~ .,> , :~ ' -~~rS"e..~ ~ 1` H I \ ALL H i~ l; TE ~.:H.~HR ~~:. i~~Hn 17 ." r n ru _ _ =d _.....L..._... . ..~, ,._ .,, ~....~..,. WI^~ .L, • ~ ~~~~ ti I T 8 .7 A T ~~ . '~~ ~p n~• Nr,~•~~~ ~.:' i'ri's; 'r..~:r :~ r~;o• ^ . ~FinYNn~i ;~.- „,~ , ~ s s • m T ~ a _ ..z... r.. ,..,.r. : ~ ri ~i i4 ~,. ~~ ifOiFllOtr .. ~....,,,.~ ~owavwarr. 48 f•8~'I) Y.EI'LP nTE~ p~~~lll~~ ,.. ...~ w vat rsa+T .. +~xl.a, :+,a "~ ro zs~ •VE !IA/ L1,p ExhibiC A T'age 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DACE OF JULY 3, 2008 5. Building Elevations (prepared by Dixon + Associates, dated 1/25/08, labeled as Sheets A-2.1 and A-2.2) ~~. sr r~~... r~:«~ 't i ~ i ~ 1 ~~ ~.~ ~.~ bear A 6Mi6 ' ~ ~RhIIIY 1l 16b11k 10 pill ~ _- 61liY11Tlp1 .srx.-. I 1 C~ O d A t iran eerinw ~~ :.. .~m:~n ~° _ ~~Q~ c A- s~~ wxefu,i , Ne`r•MObet AL i L iw ^Ir il. ~Vwlt ppi l!}T fd FIiWnOi w ~~ rwtnuuwl uu ~. ~__.w w Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 o ~ ~ ® ~ ~® .. ..aria - ' ~` ~~--- ------- --- --~~,e ~ b4... ®~ e \i i Wis.'" ;a~Atse " ~- L:~ ninairinaA ~~ ~. 00 ® ~ ~ ~ ~ ~ -- ~ _~-~ _ _ ~.. ~ ~ .-sue ___ r -- ~~ -- --------- -- --- ~.~,--: II e AA1 flp! iAN~gill i nyea r7d m. f r~ua AMI ~u~~ua,in A1iR a-s.T ® O ® ne d ~ ~. moro~~ AAiE#IICE ..r~~.~~.. se~tc:~u»-- r +----- frH- :~.,, a c r ra - t G1 mn ~~~ ---- ie m«nuoon inr~ a asiaui,ie wAs rs4sr^ ~~err,>tAailEtilNIY _ EIEYAT10Ni riaxu~ riarr riu a~Aµer~ a-sz Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Ji7LY 3, 2008 6. Fuel Canopy Section/Elevation ~~ . =~~•.. r _.__ ___.... ~ ............... _. ... ..... .. .• .. ..... _.__ ............•.. . wEl rllPEre1M s CAYrPt PCtIM ELIVArIrr ~~~ ;r IIEPEIIErCEr Mr11Nl: W"" BEreNAI IFE P/C~4 wr 11'TICILCArelr'I9All pCnc.wwr.w.v ~~ rerrrrlrllar wr TpE1AlU6lre, Fr011rr7~ ll! OwrEr MILL PeAYl0e Aw1111CrALL EMAIrIrIMreLiE. ~' ws~------ '-'_-___„ rrri~r~--...,_ _,. _...._ © "~ e m.__.. _..... p~'~ ~=•~••• fl~°'Ss.y:~ ~f~'~`° ~~~ ®n...r...r..rrr. ~p...~~~.. ~..~ st~ NIA YIPEgf~ le. EE m,. ~ ~ a,... N,AYd111rIWd rE1wWI,l01ri12 . ®~~~Mws am aoc Qprwws. . f ~ ®...~w..~.~~r..e.. f l ~ MMLQ~~.~.... ~>1~"'_.~ ~ ---- 8EE URAMIM# PArlll I~rN MAIIrpIH IMG r rlrrrralr nE,. EaeIMEEIUUIw r~Ixa~r ELEYAi1008 n cAllrPr weer ILerAnrl rNl eArrrr rerun ~-~.~ Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7ULY 3, 2008 7. Conceptual Site Plan Approved with the Preliminary Plat rep ~-- _-- Exhibit B .Page 2 w CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 B. Conditions of Approval ].. PLnivN1NG DEPARTMENT l .l The site plans, attached as Exhibits A.2 and A.3, are approved, with the conditions listed herein. The Applicant shall comply with all applicable conditions of approval associated with this site (AZ-07-014 and Development Agreement Instrument No. 108022886, PP-07-019, and FP-08- 003). The applicant shall revise the site plan(s) as follows: a. The scale on the plan labeled "Architectural Site plan" appears to be a little off; please correct the scale so that it matches the dimensions depicted on the plan. b. Per UDC 11-3C-6G, provide a minimum of 2 bicycle parking spaces on the site in compliance with the standards listed in UDC 11-3C-SC. c. Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. The planter along the north boundary of the site adjacent to parking and sidewalk is less than S feet in width; revise plan accardingly to comply with this requirement. d. An internal pedestrian pathway is required to be constructed at the northeast corner of the convenience store northeast across the drive aisle as shown in Exhibit A.7 (per the Development Agreement). Said pathway shall be distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. 1.2 The landscape plan, attached as Exhibit A.4, is approved with the following modifications: a. Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. The planter along the north boundary of the site adjacent to parking and sidewalk is less than 5 feet in width; revise plan accordingly to comply with this requirement. b. The three existing trees shown within the 30-foot wide irrigation easement shall be relocated on the site fthe easement. holder does not. allow trees within. the easement. c. Provide street buffer landscaping within the buffers along Locust Grove Road and McMillan Road in accordance with the landscape plan approved with the final plat (prepared by Landmark Engineering & Planning, dated 1/30/08, stamped by Jed Wyatt on 4/24/08). In order to vary, from the approved landscape plan, a fznal plat madificatian application shall be submitted for approval by City Council for an amendment to the approved landscape plan. (The applicant has submitted a ,final plat modification application to the City that is scheduled to he heard by City Council an 7/$/08.) 1.3 The applicant shall comply with the applicable Specific Use standards listed in UDC 11-4-3-20 for fuel sales facilities as follows: a. The total height of any overhead canopy or weather protection device shall not exceed 20 feet (proposed at 19 feet). b. Vehicle stacking lanes shall be available on the property but outside the fueling areas, as proposed. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of--way by patrons (as determined by ACHD). Such stacking lanes shall be separate from areas required for access and parking. 1.4 Building elevations far the convenience store shall camply with the elevatians shown in Exhibit A.S. The building elevations for the fuel canopy shall be revised per the conditions noted in #1.7 below. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 1.5 Minimum 5-foot wide detached sidewalk shall be constructed along both Locust Grove and McMillan Roads in compliance with the standards listed in UDC 11-3A-17. 1.6 An $-foot tall solid vinyl fence shall be constructed around the outdoor service and equipment area at the southeast corner of the building as proposed, in accordance with the standards listed in UDC 11-3A-12 for outdoor equipment and service areas. 1.7 The applicant's request for Design Review (DES-08-020) approval of the proposed structures a.nd site is approved with the following modifications to the fuel canopy elevations: a. Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. Revise the fuel canopy elevations to comply with this requirement. b. Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. Roof design of the fuel canopy shall be revised to more closely coincide with the convenience store roof line. 1.8 The applicant shall submit a Certificate of 'Coning Compliance application with revised plans that comply with the site plan, building elevations, and conditions of approval listed herein, prior to issuance of building permits. l.9 Direct lot access to N. Locust Grove Road and E. McMillan Road is prohibited. The final plat, which notes that all lots within the subdivision are subject to a blanket cross-access easement for ingress/egress and parking, shall be recorded prior to occupancy of the proposed structure. Or, a separate blanket cross-access agreement for ingress/egress and parking shall be recorded for all lots within the subdivision. 1.10 Unless modified by the Commission, business hours of operation are not limited for this use on this site. 1.11 A car wash facility shall not be allowed on this site, per the Development Agreement. 1.12 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. 1.13 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance (CTDC 11-3D). 1.14 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun withui 18 months of approval, a new conditional use permit must be obtained prior to operation. 1.16 A ~ta~e 1 v~x~or recovery system shall be installed at the fuel facility. 1.17 The auplicant shall work with ACRD to obtain a license agreement to install landscaping and irri~alion sprinklers on the property south of the detached sidewalk along McMillan Road to the ed a of the future back of the curb. A licant shall also be res onsible for maintaining this area. k,xhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 1.18 __ The applicant shall submit a road trust to Ada County Highway District for the cost of a miinimum five foot wide detached sidewalk alon McMillan Road once that road has redeveloued. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer Main is to be installed with the Woodland Springs Subdivision. Services will need to be installed to the new building at the developer's expense. 2.2 Water Main is to be installed with the woodland Springs Subdivision. Services will need to be installed to the new building at the developer's expense. 2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point cuiurectioii to the culinary water systeii~ shall be required. It a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.4 Any existing domestic well system within this project shall be removed from domestic service per City Qrdinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.5 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.6 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 the issuance of a certification of occupancy for any strictures within the project. 2.7 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. 2.8 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.9 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.10 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. 2.11 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian k'ire Department and water quality by the Meridian Water Department far bacteria testing. Irxhibit ti .Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 11/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within l0'. £ Pire hydrants shall be placed 18" above finished grade to the center of the 4 %z" autlcts. g. k'ire 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 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought an site. 3.S Commercial and office occupancies will require afire-flow consistent with the Tnternational Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 All aspects of the building systems (including exiting systems), processes ~ storage practices shall be required to comply with the International Fire Cade. 3.7 Where a portion of the facility or building hereafter constn~cted or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with. Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICI/S COMPANY 6.1 No comments were submitted by SSC for this application. 7_ AAA COUNTY HIGII'wAY DISTRICT ACHD submitted a letter to the City stating that this application is subject to the conditions of approval of Woodland Springs Subdivision as foldaws: 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 41-feet ofright-of--way from the centerline of McMillan Road abutting the parcel. The right-of way purchase and sale agreement and deed must be completed and signed by the Exhibit B Yage 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT' FOR THE HEARING BATE OF TULY 3, 2008 applicant prior to scheduling the final plat for signature by the ACRD Coznznissiozz or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of way froze available Corridor Preservation Funds. 7.1.2 Provide the District with a 30-foot canal easement, as proposed for the future relocation of the Letup Canal to the north side of McMillan Road abutting the entire site. 7.1.3 Provide the District with a road trust in the amount of $11,375 for the future construction of the sidewalk abutting the site on McMillan Road with the District's intersection improvement project. 7.1.4 Dedicate 35-feet of right-of way from the centerline of Locust Grove Road abutting the parcel. The z7ght-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHT) Commission. or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of=way f"rom available Corridor Preservation Funds. 7.1.5 Construct a 5-foot detached concrete sidewalk a minimum of 28-feet from the centerline of the Locust Grove Road abutting the site. Provide an easement for any segment of the sidewalk located outside of the right-of--way. 7.1.6 Complete Beethoven Avenue as a 36-foot street section (measured back of existing curb to back of new curb) and construct curb, gutter and 5-foot attached concrete sidewalk within 50-feet of right-of--way. 7.1.7 Construct one full access driveway to intersect Locust Grove Road approximately 360-feet north of McMillan Road, as proposed. Pave the driveway its full width 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. The driveway is restricted to a maximum width of 36-feet. 7.1.8 Construct one full access driveway to intersect Beethoven Avenue approximately 74-feet north of McMillan Road, as proposed. Pave the driveway its full width 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 cdgc. The drivcway is restricted to a maximum width of 36-feet. 7.1.9 Other than the access specifically approved with this application, direct lot access is prohibited to McMillan Road and Locust Grove Road shall be noted on the final plat. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall Ue relocated outside o£the right-o£ way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be bone by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Cuutact Construction Services al 387-6280 (with file number) for details. Irxhibit 13 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 200$ 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavcrncnt 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. 7.2.7 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. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 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. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 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 (1-811-342-1585) 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. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 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 C Yage 2 CITY OF MERIDIAN PLANNING D$PARTMENT STAFF .REPORT FOR THE HEARING .DATE OF JULY 3, 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. The City Council finds that the existing site is large enough to accommodate the proposed use and comply with the dimensional and development regulations of the C-N zoning district. Staff recommends the Commission rely on Staffls analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive clan and in accord with the requirements of this Title. The City Council finds that the Comprehensive Plan Future Land Use Map designatiuu fur ibis property is Mixed Use -Neighborhood. The property is currently zoned C-N, which complies with this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections S and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that, if the Applicant complies with the conditions outlined in this report, the Development Agreement and previous conditions of approval for this site, the operation of the proposed 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. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that, if the Applicant complies with the conditions outlined in this report, the proposcd use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, sheets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that the site will be adequately served by the previously mentioned public facilities and services. 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. If approved, the Applicant will be financing any improvements required for development. The City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. T. 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. Exhibit C Page 3 CITY OF MERIDIAN PLANNTNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 The City Council recognizes that traffic and noise is a concern; however, the City Council does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public. The City Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. S. 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 fmds that there should not be any health, safety or environmental problems associated with the proposed use. The City Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Jxhibit L Page 4