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Home My WebLink About2007 08-02• MERIDIAN PLANNING AND ZONING REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho ~ Thursday, August 2, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." ^ 1. Roll-call Attendance: X Tom O'Brien X Wendy Newton-Huckabay O David Moe O Steve Siddoway X Michael Rohm -chairman 2. Adoption of the Agenda: Approve as Amended 3. Consent Agenda: Approve A. rove Minutes of June 21, 2007 Planning and Zoning App Commission Special Meeting: Approve g. Approve Minutes of July 5, 2007 Planning and Zoning Commission Meeting: Approve C Findings of Fact and Conclusions of Law for Approval: MCU . ~~~ 07-004 Request for Modification of the existing Conditional Use Permit to allow a 15,620 square foot office /retail building for Freedom Storage by Erstad Architects - 943 W. Overland Road: Approve ~~ ~~ D Conclusions of Law for Approval: CUP Findings of Fact and ~z, . 07-014 Request for a Conditional Use Permit for the construction of ~'` a 7,750 square foot multi-tenant retail LLC Idi 1330 E. Fairview Investments Retail by J & K Investments, Avenue (Lot 2, Block 2, Doris Subdivision): Approve Y E Findings of Fact and Conclusions of Law for Approval: CUP . ~: 07-012 Request for Conditional Use Permit to allow a 200 square 'Y foot canvas carport in the O-T zone for Kelley Carport Revised by Larry and Judy Kelley - 403 East Second Street: Approve Meridian Planning and Zoning Commission Meeting Agenda - August 2, 2007 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I'F~ ~~ 7 y ~,;$ -~ ~~ ~~' r7YC`J ~,. ~~ap~ j 5 ~~ ~l..i i ~~ r ~ apk ~nK _ tw ~_ ~€ :~ s i~ c ~"~. ` I i ~ '' '~ iF~ x ~ s ~ ~,~ ~ ~ x ~4 I~ r ~4 F~ ~ - , ~~ Ei~;F,. - _ ' fi~ _. `` 3 ~ ff `. r ~` m~ ~ ~~~ r , i ~~, 4 ~7 ~:~y I; 'r i ~, '~ :.. S i ..L~. i f ~ I~ 4 ~ ~ ~ `~ ' I ® • 4. Continued Public Hearing from June 7, 2007: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: Continue Public Hearing to October 4, 2007 5. Continued Public Hearing from July 19, 2007: CUP 07-013 Request fora Conditional Use Permit per requirement of the Development Agreement for detailed site plan approval of the Cherry Lane Christian Church site; request to exceed the maximum building height in the C-N zone as allowed by UDC 11-2B-3.A.3 and request for an urban farm use in the C-N zone for Cherry Lane Christian Church by Steve Pardew - 175 N. Ten Mile Road: Continue Public Hearing to September 6, 2007 6. Tabled from July 19, 2007: Findings of Fact and Conclusions of Law for Approval: CUP 07-013 Request for a Conditional Use Permit per requirement of the Development Agreement for detailed site plan approval of the Cherry Lane Christian Church site; request to exceed the maximum building height in the C-N zone as allowed by UDC 11-2B-3.A.3 and request for an urban farm use in the C-N zone for Cherry Lane Christian Church by Steve Pardew - 175 N. Ten Mile Road: Table to September 6, 2007 7. Public Hearing: PP 07-013 Request for Preliminary Plat approval for 11 building lots and 2 common lots on 26.35 acres in an I-L zone for Kennedy Commercial Center by DBSI Meridian 184, LLC - 1250 W. Overland Road: Recommend Approval to City Council 8. Public Hearing CUP 07-015: Request for Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans Construction - 3220 North Meridian Road: Approve with ` a' Conditions 9. Findings of Fact and Conclusions of Law for Approval: CUP 07-015: Request for Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans Construction - 3220 North Meridian Road: Approve with Conditions Meridian Planning and Zoning Commission Meeting Agenda - August 2, 2007 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. .. s~ r ~~,_ 4 _: faJ G; • E IDIAN MERIDIAN PLANNING AND ZONING ®~ ~ ~ REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, August 2, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Tom O'Brien ~ Wendy Newton-Huckabay David Moe Steve Siddoway Michael Rohm -chairman 2. Adoption of the Agenda: ~ ~ [ O ~ 3. Consent Agenda: ~~~~ p3~~lf f~~ ~P A. Approve Minutes of June 21, 2007 Planning and Zoning Commission Special Meeting: B. Approve Minutes of July 5, 2007 Planning and Zoning Commission Meeting: C. Findings of Fact and Conclusions of Law for Approval: MCU 07-004 Request for Modification of the existing Conditional Use Permit to allow a 15,620 square foot office /retail building for Freedom Storage by Erstad Architects - 943 W. Overland Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 07-014 Request for a Conditional Use Permit for the construction of a 7,750 square foot multi-tenant retail building for J 8~ K Investments Retail by J & K Investments, LLC - 1330 E. Fairview Avenue (Lot 2, Block 2, Doris Subdivision): E. Findings of Fact and Conclusions of Law for Approval: CUP 07-012 Request for Conditional Use Permit to allow a 200 square foot canvas carport in the O-T zone for Kelley Carport Revised by Larry and Judy Kelley - 403 East Second Street: /1 ~.Q ~~ O~ 1 ~~~ 7-~ ~ l 4. Continued Public Hearing from June 7, 2007: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G Meridian Planning and Zoning Commission Meeting Agenda - August 2, 2007 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. >: : ; _t3, . zones for Waltman Property by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: ~~,F a~~ ~ ~-~7 5. Continued Public Hearing from July 19, 2007: CUP 07-013 Request fora Conditional Use Permit per requirement of the Development Agreement for detailed site plan approval of the Cherry Lane Christian Church site; request to exceed the maximum building height in the C-N zone as allowed by UDC 11-2B-3.A.3 and request for an urban farm use in the C-N zone for Cherry Lane Christian Church by Steve Pardew - 175 N. Ten Mile Road: ~~,~,.~--.. ,~t (o ~~,~~ 6. Tabled from July 19, 2007: Findings of Fact and Conclusions of Law for Approval: CUP 07-013 Request for a Conditional Use Permit per requirement of the Development Agreement for detailed site plan approval of the Cherry Lane Christian Church site; request to exceed the maximum building height in the C-N zone as allowed by UDC 11-2B-3.A.3 and request for an urban farm use in the C-N zone for Cherry Lane Christian Church by Steve Pardew -175 N. Ten Mile Road: _ ~~- ~ ~~o~ ~~~ 7. Public Hearing: PP 07-013 Request for Preliminary Plat approval for 11 building lots and 2 common lots on 26.35 acres in an I-L zone for Kennedy Commercial Center by DBSI Meridian 184, LLC - 1250 W. Overland Road: ~~ ~ ~ ~t.l'(-~ 1D/~ 8. Public Hearing CUP 07-015: Request for Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness ~ , / /®~ by Dave Evans Construction - 3220 North Meridian Road: ~/' 9. Findings of Fact and Conclusions of Law for Approval: CUP 07-015: Re uest for Conditional Use Permit for a fitness center within the q Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans Construction - 3220 North Meridian Road: ~/~ /~~ l`7 Meridian Planning and Zoning Commission Meeting Agenda - August 2, 2007 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. sw~wr '' ~~~ E; ;; v ". ,l :.; :, ~~ ~ ~~`~ a E IDIAN.~ 1 AHD ,` s MERIDIAN PLANNING AND ZONING REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, August 2, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenfer." 1. Roll-call Attendance: Tom O'Brien Wendy Newton-Huckabay David Moe Steve Siddoway Michael Rohm -chairman 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve Minutes of June 21, 2007 Planning and Zoning Commission Special Meeting: B. Approve Minutes of July 5, 2007 Planning and Zoning Commission Meeting: C. Findings of Fact and Conclusions of Law for Approval: MCU 07-004 Request for Modification of the existing Conditional Use Permit to allow a 15,620 square foot office /retail building for Freedom Storage by Erstad Architects - 943 W. Overland Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 07-014 Request for a Conditional Use Permit for the construction of a 7,750 square foot multi-tenant retail building for J ~ K Investments Retail by J & K Investments, LLC - 1330 E. Fairview Avenue (Lot 2, Block 2, Doris Subdivision): E. Findings of Fact and Conclusions of Law for Approval: CUP 07-012 Request for Conditional Use Permit to allow a 200 square foot canvas carport in the O-T zone for Kelley Carport Revised by Larry and Judy Kelley - 403 East Second Street: 4. Continued Public Hearing from June 7, 2007: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G Meridian Planning and Zoning Commission Meeting Agenda - August 2, 2007 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents. and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. :~% ~~, ~s ~. Y• ~ 3p <~ 7 ~ ~~ ~,a ~.T~. t T ~ ~~ t 4 } t' ,~~~~ -:- V j ~ 4~ ~7 'vYS Fk . i { t '~ 34's,~ x ~~x yt~~}{ ., t~ .ct) I h ~ ~ -~ ~ 1K ~ ~~ ~ S y ;: ~..a ~~~cs ,. , 4~ ~ N ~t ~~ ~ ~ ~ ~ }} ~ ~ h ~ s ~ ti i~./ ~ ~~~$6 ~ "~5 .r,~ui ? ~~ 1 - 'k~ ~~~G I Fk - ~ ~c 3 _ •x ~ ~t+bxe` F s" r~ ~ ~~ rg e 4 ~~ ~ ~ ~x ~~,~x, ~,, j~E~tf3 4 F t ~ ' v,- r ~~r..t f: e ff:~~k t .-. 7FF .i ,~- > ¢ y, ~ ~ "~~y~ ~~ sy i *~,,, ' : ' ' r ,.~ h i'F I ~'bt. ~~:ee~ ~9 ~ ~_ ~ _ 55~~ ~ ' r~7 ~ ~l t -7.. f ' d ~ _ . ~ ~. r> ~. C,~~ -Q z~ ~4 r ~ ~'{ ~ .~I ~ r r~' ~ ~ ~ ~ ~ ' } ~ r l ~, n . } V e ;'7 ti ; ~N{ ~' ,t ' ~~ ~ ~e~ ( 'r T ~,~ 1 A1~ ~~ F ~'Y ~~~It f.. k..a4 ~~ ~ n ~ _ t 1~ r' V i i . !p r-st~7 , ~ _ ® • zones for Waltman Property by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: 5. Continued Public Hearing from July 19, 2007: CUP 07-013 Request fora Conditional Use Permit per requirement of the Development Agreement for detailed site plan approval of the Cheny Lane Christian Church site; request to exceed the maximum building height in the C-N zone as allowed by UDC 11-26-3.A.3 and request for an urban farm use in the C-N zone for Cherry Lane Christian Church by Steve Pardew - 175 •N. Ten Mile Road: 6. Tabled from July 19, 2007: Findings of Fact and Conclusions of Law for Approval: CUP 07-013 Request for a Conditional Use Permit per requirement of the Development Agreement for detailed site plan approval of the Cherry Lane Christian Church site; request to exceed the maximum building height in the C-N zone as allowed by UDC 11-2B-3.A.3 and request for an urban farm use in the C-N zone for Cherry Lane Christian Church by Steve Pardew -175 N. Ten Mile Road: 7. Public Hearing: PP 07-013 Request for Preliminary Plat approval for 11 ~.{'~> building lots and 2 common lots on 26.35 acres in an I-L zone for K~' Kennedy Commercial Center by DBSI Meridian 184, LLC - 1250 W. Overland Road: 8. Public Hearing CUP 07-015: Request for Conditional Use Permit for a ~:=' fitness center within the Sundance Subdivision No. 5 for Anytime Fitness „r, by Dave Evans Construction - 3220 North Meridian Road: F;: "~j 9. Findings of Fact and Conclusions of Law for Approval: CUP 07-015: Request for Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans Construction - 3220 North Meridian Road: _.~ ..,, , ~: x y g'?` ~'. M1 Meridian Planning and Zoning Commission Meeting Agenda - August 2, 2007 Page 2 of 2 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~; ~: ~;, ~~~ }~r .~ y~ , ~v ' „~ n ~ i ~ ~'7.~;. 1 ~ ~.'~~~4 ~ ~~~ 1t Jcy(iih. + A ~~i~ if~~~f ~ ;~ V ~- uro+Ss;s < „i a~fCAd til r+ 4 r Broadcast Report Y, Date/Time 07-31-2007 01:08:35 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 LUe 1 ` Local ID 2 Local Name 2 Line 2 `r Q ~.T, t This document :Failed I `z. le and details below) duced sam ( ' p re ~ y; Document size : 8.5°x11" i t :' 1-~~ ~ ~J~ ~ '-~~ ~ ~t~~~~ ~ ~~~~~~ - r ~ 3' r C~i'Yl E iDIAN~ AAERlD1AN PLANpUPtCs AND ZONING ~_' F D A tt O REt3RiLAR MEETING AGENDA City Council Chamlrers 33 East Idaho Avenue, Nlarldtan, Idaho ti' Thursday, August $2007 at 7:00 p.m. "Although Ure City of Meridian no longer requires sworn testimony, R aq presentations betnre tiro Mayor end Gity Council are expected to be trcrthfu! and bonsai to bast of the atNgty of the presenter. ~ 1. Roll-call Attendance: . _~ ~ ~ Tom O'Br1en Wendy Nevuton-Huckabay David Moe Steve Siddoway 1 ' Mlct-ael Rohm - ohaitman Y~.:' - Z. Adoption o9 the Agenda: 3. Ccunsent Agenda: A. Approve Minutes of June 24, 2Q07 Plannng and Zoning Commission Special Meeting: :.~ ~ ~ B. Approve Minutes of July 5, 2047' Planning and Zoning Commission Meeting: ' C. Findings of Fact and Conclusions of Law for Approval: RACU 07-004 Request for Oflodlflcation of file existing Conditional Use Permifi to allow a 15,620 ware foot office I retail building for Freadam Storage by Eretad Architects - 843 W. Overland Road: D. Finding of Fast and Conclusions of Law for Approval: GUP O7di1A Request for a Conditional Use Penult for the oonstructron of a 7,760 square foot mufti-tenant retail building for J $ K Invesb~nents tietaii by J 8~ K investrnetris, LLC -1330 E. Fain+leve "' Avenue (Lot 2, Siock 2, Doris Subdivision): x " ~ E. Findings of Fact and Conclusions of Law for Approval: CLIP 07.042 Request for Conditional Use Permit to slkmr a 200 square ~;; , ~" ~ -'"~ foot canvas carport in the O-T zone for Kelley Carpor4 itevised by Larry and Judy Kelley -403 East Second Street: 4. Corrtintred PubSo Hearing from Juns 7, 2007: AZ 08-083 Request for $ Annexation and Zoning of 38.68 acres from RUT and R-9 zones to Gt3 ~ f a - o Meridian P~mrtt~t and zonirq~ Commleaion MeeW+g Agenda- Augur 2, 2t~7 Page Aq materVals prosarded at Public mew shall berme property order City or Maddian. Anyone desiring aeeommodatton for dfsab6~ea relied to doax~nts.atu7/or heating, Glark'a Office at 88s~aa3s at least 4B bows r tQ the pub9c mealier. eoMactihe ~ piece ~Y ti:'r±'iT .. .-~ rya-~ e....... r..w-0L..,n,J . 'ZG >'-'3 `~~_k ~ u~ai r•a No. yca 7lO1 Job IrICY . ~ Remote Station ....,.... -'-- --........-- - - Start Tlme - Duration Pages Ltne Mode Job Type Results 007 783 3810160 11:24:31 a.m.07-30-2007 00:02:18 212 1 EC HS CP9600 002 783 8989551 11:24:31 a.m.07-30-2007 00:00:33 212 1 EC HS CP21600 003 783 8848723 11:24:31 a.m.07-30-2007 00:00:55 2/2 1 EC HS CP14400 004 783 8886854 11:24:31 a.m.07-30-2007 00:00:30 2/2 1 EC HS CP31200 005 783 2088985501 11:24:31 a.m.07-30-2007 00:00:33 2/2 1 EC HS CP31200 006 783 8467366 11:24:31 a.m.07-30-2007 00:00:28 212 1 EC HS CP28800 007 783 8950390 11:24:31 a.m.07-30-2007 00:00:28 2/2 1 EC HS CP33600 ~`~ - ; ;~~ ,;t- _ 1 '1 S ~ f `h P~ E % t ' ' } 3 _ f• ~ i:+ ~1~1 ~~i l A~ ',h.. ~ ~~ ~'h ; i'; . y-`, f ~ ~ i ~~ ..5€ .J 1 5~7 t,~r ~ ' .y ~ Z~ ~~k~.~,~.< ~ 1 { ~~~ , y ~' p ~~ - r.. ~, _~ i I ~ { .2 ~ ~ ~ ~~f r ' ~ ~ If N..,, f.'W' ~ _ ~,ty ~ ~' x~~~ ~ . L ~ .,+ `; ~ iv y.2.~ fi' 1 - d r v A D m ' f a}. ~~el ~iV .~ J."'1` ari ~ .~ i t i S . t 13 >s~h; r '~ d~ t u j ~ , ~ ~ ~ L ~ 4 ' . {{,~,~~ t x:. '. ~'t 9'j~t ~W v SSS ~i ` . ~ 9~ ~~ f s } 1~ ~ ~ 1 ~~ . Hs e:3 t rw ~ = ,, , ~ - .. • _ - ~: '~~i-~ °"~ ~' ~~'~ a ~,' - Broadcast Report ~ Date/Time 07-31-2007 09:08:41 p.m. Transmit Header Text City of Meridian Idaho ~ Local ID 1 2088884218 Local Name 1 Llne 1 Local ID 2 Local Name 2 Line 2 Li Mode Job Type Results No. Job RemoteStatlon StartTlme Duration Pages ne 1 EC HS CP33600 008 783 2088882682 91:24:31 a.m.07-30-2007 00:00:27 2/2 1 EC HS CP14400 009 783 208 387 6393 11:24:31 a.m. 07-30-2007 00:00:55 2/2 1 EC HS CP31200 010 783 2877909 11:24:31 a.m.07-30-2007 00:00:31 Z/2 1 Et HS CP31200 011 783 2088885052 11:24:31 a.m.07-30-2007 00:00:27 2/2 1 EC HS CP24000 012 783 8881983 11:24:31 a.m.07-30-2007 00:00:31 2t2 1 EC HS CP14400 013 783 2083776449 11:24:31 a.m.07-30-2007 00:00:55 212 1 EC HS CP24000 014 783 4679562 11:24:31 a.m.07-30-2007 00;00:32 2/2 1 -- HS FA 015 783 8886700 11:24:31 a.m.07-30-2007 00:00:00 0/2 1 EC HS CP14400 016 783 8884022 11:24:31 a.m.07-30-2007 00;01:39 2/2 1 EC HS CP24000 017 783 3886924 11;24;31 a.m.07-30-2007 00:00:34 2J2 1 EC HS CP31200 018 783 8841159 11:24:31a.m.07-30-2007 00:00:27 212 NIA EC HS CP 019 783 2088840744 11:24:31 a.m.07-30-2007 01:22:28 212 Abbreviations: HS: Host Send HR: Host receive WS: Waiting send r„ : -.,~ ~, rt ,< :;- ~,; ~"F~I ..- ~~- ' ~~ . F'~ }; ti ,~~E~, }. S ~/ f l ~+ e„, PL: Polled local MP: Mailbox print TU: Terminated by user PR. Polled remote CP: Completed TS: Terminated by system G3: Group 3 MS: Mallboxsave FA: Fail RP: Report EC: ErrorCorred 3,,., rs. -, j; ~„ ~~ ---- F' "~ ~ o ~ . ~ r `,;, ~ . P ` ~ ' t ~, ~jsa a ~ Sh y ~ ~ j ' , x 3 ~,r~l,~~pPa _~ I ~ ~t. ' ,~ s ~ ~y~u S~' , i a _ , ~ ~t~r`~ { ._, ~ ~~ '~ ~ ~ ~ la I° R -sr~4 ~ ~' -{ ,1 ~. ~ - •~ ~ ~(~ $ ay ~~ R i y 7y7y~ ya i k¢~ ~ t ~%~ ~ ~ ~S A t '~ rr , ._ ~ x 4 C ~ ". ~a x'' fi\ ~ ~~'~ ~ 'Yi~ . i~r 11 ~f r'~ ~~, ~ I'ra ti- ~ x: ~ r ~y 2 ~ ~ "F ~ ~ 4~~} h~ i~ ~. ~~C ~~ , $~ ~ y . ~ F r , f - ~ ~, I ~ ~ . W~y ~~yy . V ~~X1~ .. - . .1 +~ ~ ~ y /y { hti 1 ~ ~~. Yar . ,:Y~~~ _ ~ 512 t i; ~ r~~5j4i~1~ t ~ a , F ~I ~ ~ ~ d s l _` v ~f_ Ir l ' ~ , a t` ~ tiX r ~ i ~~rr 3~ ~'~' F tisd'~~ r ~ ~.. ` v ~~'G ^u~„ r xr ~i,y~ s -~ - ~' 1: ~ ` ~' .,i`~i.~f r ~~3 ll3~l ' : ~ ~ -~ { ~,. ~~,~t~,r ~; ~~~y u~a h 43. z. ,~~ C~t ;~e ~'~ 4 55 F~~`n ~x ~~% y ~ `~ ~ ~ ~ i ,.s F _ ~~ ... ., a ~litS`~. S:a''.. -. Broadcast Report ~ S _ DateiTime 08-03-2007 01:43:44 p.m. Transmit HeaderText City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Llne 1 Local ID 2 Local Name 2 Llne 2 ~. ocument :Failed This d w ~ (reduced sample and details below} Document size : 8.5"x11 " ~~i1~~ L IDIAI`~T NfEl2iD1AN PLANNINti AND ZQNING t ~ A y a REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Aeridian, Idaho Thursday, August 2, 2007 at 7:00 pm. %tlfltough the CJty of Meridian no longer rt3qubses sworn testimony, a ' elf pr®sentatlans before dhe Mayan and Clly CouncN are expeCfed fo be truthful and honest to best of the abfl/ly of Nye presenter. ° 1. RoD-colt Attendance: Tom O'Brien X Wendy Newton-Hudcabay David Moe ~ ~ Steve Siddoway ,, i, Michas! Rohm ~ chairman ~Pt~°~ 0.s ae~'irat.edLr 2. Adoption of fJis Agenda: ~ j ~-{ 10 8 3. CotnjeM Agenda: 7~p/~tQ C'ry' f ~1{ f~ A Approve Minutes of Juns 21, 2007 Planning and 2:oning Commission Speolsl Meeting: B. Approve Minutes of Juily 8, 2007 Planning and Zoning Commission Meeting: C. Findlt~s of fact and Conclusions of Latin for Approval: MCU 07-004 Request for Modtflcaitlon of the existing GondiOona! Use Permit to allotiv a 15,820 square foot ofOce !retail building fir Fr®edom Storage by Erstad Archftects -- S43 W. Overland Road: D. Findings of Fact and Conclusions of Law far Approval: CUP 07.014 Request for a Cortditicnat Use Permit for the construction at a 7,750 square foot muitldenant natail building for J & K Investments Retail by J & K Investments, LLC -1330 E. Fafrvlevv Avenue {Lot 2, Btor.ls 2, Dona Subdivision): B. Findings of Feet and Car~clualons of Law for Approval: CUP 07-012 Request for Conditional Use Petmft to aNow a 200 squatB foot canvas carport in the O-T zone for Kefisy Carport Revised by Larry and Judy Kelley - 403 F.sst Second Street ~~ps'a~, oil ~~ 4. Conflnusd Publk Hearing from Jane 7, 2007: AZ 06083 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G Mef~(en Plemm~g and ZoNng Cammfasiar fNea3ing AgerMa ^ Z 2r~7 Psge 1 of 2 All matetiala presented et puD9o meatkkgs slta0 became NoA~Y of the Cfly or MarkAsn. Myone desMng ecaommodatiom for dlse~Rties re1ffied to dawmente allot tom. pioaeo corrtad She City Cterk's Office a18~493;i at least 48 houta poor ~ the public meetln~. { _r ~ _ ~_.~sr.......J . ~n total rages aca No. Job 001 884 002 884 003 884 004 884 nnea : c Remote Station 3810160 8989551 8848723 8886854 ,...W, ...y..~ ~-. ••.• •.•__ . _ Start Time 01:23:44 p.m.08-03-2007 01:23:44 p.m.08-03-2007 01:23:44 p.m.08-03-20D7 01:23:44 p.m.08-03-2007 _ Duration 00:02:30 00:00:39 00:00:58 00:00:29 Pages 2/2 2/2 2/2 2/2 Line 1 1 1 1 1 Mode EC EC EC EC EC Job Type HS HS HS HS HS Results CP9600 CP19200 CP14400 CP31200 CP39200 005 884 006 884 2088985501 8467366 01:23:44 p.m.08-03-2007 01:23:44 p.m.08-03-2007 00:00:35 00:00:33 Z/2 212 1 1 EC EC HS HS CP28800 CP31200 007 884 8950390 01:23:44 p.m.08-03-2007 00:00:28 2/2 ~~ , s,~. ~f~ ~ ~~ ~y r ~~y, ~r~,e~.ti~ ~~ ~, ~ f~ t r J. n . j~~~.riy ,rr .~ e~ },, f ~~ ~".:''~'~';" "F r~ ' y 1 6 ~ I 1 ,q 7 1~~yh ~i+ a~~s' ~ 5 _ ;r r ~y... Snc [~I t ,~ 1L~," r ~ S ~ { IA~•`, t ;~ , ~ ~ ~ i s ~~~~~ ~ h ' f , r~ t :.~. p'~ fi_~ ~ ;~ i F i. ~~ r u~ ~, ~,t k ~ ~ ~ , E" r e~i k~ , ~E ,~ r q. ~ ~~ r-,R , - ~ . ~+, ~. ~ d ~eitl~k~ { ~' 4w ~`~rt~' t n >' ~~,~ ~ ,_. +~gip' + rr:s •~ ~~ ~c'4~ y $ yy : ~ 4 j' t ,. / ',, .rrT S~' ~~y S` ~ ~~)~,A ~A rr.5 ~yL ~.~,Fi h a f ~ ., 4~~ ,} ~.~~yi ~_~€~ _ ~ DateJTime ~ LocaIID 1 Local ID 2 I ~ broadcast Report ~ 08-03-2007 01:43:51 p.m. Transmit Header Text City of Merldlan Idaho 2088884218 Local Name 1 Llne 1 LocalName2 LIne2 Ll Mode Job Type Results No. Job RemoteStatlon Start Time Duration Pages ne 1 EC HS CP33600 008 884 208 888 2682 01:23:44 p.m. 08-03-200? 00:00:29 212 1 EC HS CP31200 009 884 8840745 01:23:44 p.m.08-03-2007 00:00:30 212 1 EC HS CP31200 010 884 2088885052 01:23:44 p.m.08-03-2007 00:00:29 212 1 EC HS CP24000 011 884 8881983 01:23:44 p.m.0$-03-2007 00:00:33 2J2 1 EC HS CP14400 012 884 2083776449 01:23:44 p.m.08-03-2007 00:00:58 212 1 EC HS CP26400 013 884 4679562 01:23:44 p.m.08-03-2007 00:00:32 212 1 -- HS FA 014 884 8$86700 01:23:44 p.m.08-03-2007 00:00:00 0J2 1 EC HS CP39200 015 884 8841159 01:23:44 p.m.08-03-2007 00:00:29 2J2 1 EC HS CP24000 016 884 2088840744 01:23:44 p.m.08-03-2007 00:00:36 2/2 Abbreviations: HS. Host send PL: Palled local HR: Host receive PR: Polled remote WS: Waltingsend MS: Mailboxsave n; ~# '.~ N~.Ji l 11 <.~~.~~~ MP: Mailbox print TU: Terminated by user CP: Completed TS: Terminated by system G3: Group3 FA: Fall RP: Report EC: Error Correll ~~. _~, ~ ` t..~ CF ~1~~, a . ~ ~'~f ,~'~ ~` t k .Fia.~'~ t t ~ ~ _~ ~ ~ ~ ""` '.~f~~-tax ,' t , ~ ~ '; ai ~ '~~ to x ~ '~! ^ ~~ skt.•~ s .z #r1. ~ Bpi "`~ t ~ r e ~ 3 ji 'C .Y 1 { _ ~{ ~ ~ ~ 1 i ~ ~~ ~ ~t ~i. 4 5 ~t! t~ ~_~ i ~ j ~ ~ t ~~[ ~ 4 ~ ~Y~IL T"~ 2 IS' ' if'N I Tf t 1jr4 YT. ~~ ' . ~~ . f~ h _. F 5 f ~ t~ {! i . p s 33'~ u[~ ~~ ~ C t) ~Mf '~^ k " '. ~ ~ ~ ~ rv- 7 ,r fi ~~ ~ , ~ .wi ~ u ~~~r~y~ f~~ ~ ~,. ~ 4 t ' . i ~ a r _:~, f : .~sl~l ti - i Y ~ Y ~N~ YP ~ f, i ~~1~: : v . . 1 ` 4 `M om F ' . . qy . ~ .t ~ ST V 1, ~ , ~ ~ 4'~' F "'~T~~' ~t~s` t° ~ i, ~ ~ l ~,fy ~ ~ ` 1 ~ ~ '-,7 F ~ ~ i~ ,~, k~ ~'~ ~ . i - ~~ ~' 4 4. ief 6 a". RW- 1 ~ [ _ ~~ ~.~. 1 ^~ rt xkF c r .r t '~ ; ~~ ~~,. ~~~„' _ "fir ~'+ ~~ '~r s ° .~~ ~ ' ~"`~' '°" ~b-.t~ S~ ~ (~~~ ~ dtY ~ ~~ `~~~ '~'~Kh t ~ 1 ry ~ >~ ,! . `: +3t ~ t f ~ n~,i t., ~` i ~- ~ Meridian Planning and Zoning Meeting August 2, 2007 ~> Meeting of the Meridian Planning and Zoning Commission of August 2, 2007, was i called to order at 7:00 p.m. by Chairman Michael Rohm. ~~ ~ Members Present: Michael Rohm, Tom O'Brien, Wendy Newton-Huckabay ~~.; !~ ~; Members Absent: David Moe and Steve Siddoway `~' ~~ =~. Others Present: Ted Baird, Nancy Radford, Caleb Hood, Scott Steckline, Bill "~ Parsons, Sonya Wafters, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Wendy Newton-Huckabay X Tom O'Brien ~' 0 David Moe -Vice Chairman 0 Steve Siddoway , y~,!' X Michael Rohm -Chairman ~;~ r ; ~' Rohm: Good evening, ladies and gentlemen. At this time we'd like to open the . ,. . regularly scheduled meeting of the Meridian Planning and Zoning Commission and begin with roll call of attendance. ` Item 2: Adoption of the Agenda: E- '- P Rohm: Thank you. Before we adopt the agenda tonight there are a few changes and ~y I'd like to note those at this time. Item No. 4 on the agenda, the continued Public will be rt P l ~ '< rope y, tman Hearing from June 7th, 2007, for AZ 06-063 related to the Wa ,, ` continued until October 4th, 2007. Items No. 5 and 6 related to the Cherry Lane Christian Church will be continued until September 6, 2007. We do not have an Ada County Highway District final report and we had continued for the sole purpose of ' ~ reviewing that document and it's this Commission's belief that that's when we will ~. ~~ reopen it and take additional testimony at that time, but we will not be taking any ~' !'"~ testimony on that application tonight. Those are the only two changes to the agenda, so with those changes being noted could I get a motion to accept the agenda as amended. -I ~;_ , Newton-Huckabay: So moved. t ~r'~'~'- O'Brien: Second. F ;' ~~„a Rohm: It's been moved and seconded to adopt the amended agenda. All those in favor ~.. ~ .. say aye. Opposed same sign? Motion carried. ~; k~" MOTION CARRIED: THREE AYES. TWO ABSENT. Item 3: Consent Agenda: ~~ L~.. _ ~...: I ':. "L~i .h~ f h L ~~~ ~~~~ ~4f ~ _ _ ~.. ~ ~ v ~~.~ t ~{ v, Y~lu.xrt't ~ ~~l{~~~9 . -' k a~',~i+~ ; ~ ~,. ~ ~'r ~ ~ z r'~ xv~~. ~~" " !!' ~~ _ s~ v ~h h f~,~ id.~ x 1 - ~ 3 , 4 ~~ ~~ ~ ,r ~ j!! s i fi //~~1 ~mT'j., l' i tyCJ ~'1~ h .L. ~- ~~+i. 1 y f1". ~ a ,~ ,~, 3. t q~ i~' ~} Y f T Y '~ ~~~~ ~ ~ Y~: l i 2{ {t~ 4 ,~1~ [ `9 ~F 4 TeX V ~ ~ .~ ,^~~9'~~, i. ~~ :... ,t ~ ' t 1 - r z a'+~- L ~rcET I it ~ ~ f! ~~r ~, Meridian Planning & Zoning August 2, 2007 Page 2 of 21 x A. Approve Minutes of June 21, 2007 Planning and Zoning Commission Special Meeting: ;}~I B. Approve Minutes of July 5, 2007 Planning and Zoning Commission ;~ Meeting: ` C. Findings of Fact and Conclusions of Law for Approval: MCU ~;, ~~ 07-004 Request for Modification of the existing Conditional Use ' ~'~ ' Permit to allow a 15,620 square foot office /retail building for d: d R l O W ~~ ~ ~ '' oa an ver . Freedom Storage by Erstad Architects - 943 ° ~ D. Findin s of Fact and Conclusions of Law for Approval: CUP 07-014 Request for a Conditional Use Permit for the construction of a 7,750 square foot multi-tenant retail building for J & K Investments Retail by J & K Investments, LLC -1330 E. Fairview Avenue (Lot 2, Block 2, Doris Subdivision): ~' E. Findings of Fact and Conclusions of Law for Approval: CUP 07-012 Request for Conditional Use Permit to allow a 200 square foot canvas carport in the O-T zone for Kelley Carport Revised by t.. Larry and Judy Kelley - 403 East Second Street: ~~' ~' Rohm: The first item on the agenda is the Consent Agenda and item A is the approval of the June 21st, 2007, Planning and Zoning Commission Special Meeting. Item No. B b, ; is approval of the minutes from the July 5th Planning and Zoning Commission meeting. Item C is the Findings of Fact and Conclusions of Law for approval of MCU 07-004. Item D is Findings of Fact and Conclusions of Law for approval of CUP 07-014. And Item E is Findings of Fact and Conclusions of Law for approval of CUP 07-012. Is there ~~ any additions or corrections to the minutes or changes to be noted? ~: `` ~~ Newton-Huckabay: I have none. •. O'Brien: No. Rohm: Could I get a motion to accept the Consent Agenda. u O'Brien: So moved. }' Newton-Huckabay: Second. Rohm: It's been moved and seconded to accept the Consent Agenda. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: THREE AYES. TWO ABSENT. :.~ ,~~~ , ..4. - . - ~~ - CT' ~ ~? ate' ~.; ~ +~i7: a 1 ~, g Z ,, a~ 3S ~s~ .~~' ~, ~.r ~-> _ ~' ,,~~"r~ r x Y c r. ~~ ~ '_ ~~~~~11~ ~ f t Y t("H ~ t~ ~t ~~~r'~+ ,~ .. - ~.4 fj~r -' k < t h } h/ ( M j'~ +T ,, ~. ~ ~ ~ r_ f 7 +i2 2 Jar' ~ 1 ...Fib, ~ $~ .xK ,, t C '~ ij1 i ~. r /3 3~ 4 ~ x ` r.Ar 3. ~ 1 M - Y ~~~ ~ ~ ~l t;. k 3 ~ c.ln7~ n t ~ ~~~~~~ yy v-... ~I 3 '. Na.~ -"5 ~ ~ ~r 1 - wT ~ ~ at yy~.: ~y~ ~~,}TF~ ~ 1 pgg ~µ 1 ~ ij { ~~f. ~., ti per, t~ ~~ ~ _ ~:( f F 3 ~ Fad g. p~4.j-G 7 ~ ~^ ~ _ $_ ~ J K~ tF w' r ~"4 ~3'cy ~t.s } ~ - !i i rG~Y~~f,• ~ , .. .~ ~.. 3~•.~ ~ .~ w. t r K. ~ ~ .i _ >~; i Meridian Planning & Zoning August 2, 2007 Page 3 of 21 Item 4: Continued Public Hearing from June 7, 2007: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G ' Itman LLC - 505, 521, 615 and 675 zones for Waltman Property by Wa , Waltman Lane: Rohm: Okay. At this time I'd like to open the continued Public Hearing from June 7th, 2007, of Item No. AZ 06-063 for the sole purpose of continuing to the regularly {: scheduled meeting of October 4th, 2007. Newton-Huckabay: So moved. ~ O'Brien: Second. ~F Rohm: It's been moved and seconded to continue Item No. 4, AZ 06-063 to the regularly scheduled meeting of October 4th, 2007. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: THREE AYES. TWO ABSENT. Item 5: Continued Public Hearing from July 19, 2007: CUP 07-013 Request fora Conditional Use Permit per requirement of the Development Agreement for detailed site plan approval of the Cherry Lane Christian Church site; request to exceed the maximum building height in the C-N zone as allowed by UDC 11-2B-3.A.3 and request for an urban farm use in the C-N zone for Cherry Lane Christian Church by Steve Pardew - 175 N. Ten Mile Road: Item 6: Tabled from July 19, 2007: Findings of Fact and Conclusions of Law for Approval: CUP 07-013 Request for a Conditional Use Permit per requirement of the Development Agreement for detailed site plan approval of the Cherry Lane Christian Church site; request to exceed the maximum building height in the C-N zone as allowed by UDC 11-2B-3.A.3 and request for an urban farm use in the C-N zone for Cherry Lane Christian :~-~`F~ Church by Steve Pardew -175 N. Ten Mile Road: Rohm: At this time I'd like to open the continued Public Hearing from July 19th, 2007, of ms No. 5 and 6 CUP 07-013 and Item No. 6, CUP 07-013, for the sole purpose of Ite , continuing to the regularly scheduled meeting of September 6, 2007. All those in favor ~~, say aye. O'Brien: So moved. Newton-Huckabay: Second. ~i3 ~ ~> yj~'? ,.~n~ ~ ~ d 4 ~: ~ ~~ t ~' ~a~~.1 ~$' ~+ 5 ~i: `4' 8 ~3; ~ ~ x ..~ E~fe~~-r.;~. - ,. .;: ri r ~~ ?~NJ~ ~l rr~ ~ f _ -. µ ~ N ~ its d .~ ~ ~` ~' ~'.7q 'R t e fib„ rr r ~ ti ,y +~'t~~~~~~a ~ s~ ~fti ~ -: ~~.. ~, } ~e_ ~~ ~~ ~ o ~' a } l' ~ N .rt i ~~~ i 1 Ft ~, ' x ,~ f i t t ~f y ill '~_ '~ } ~ `'~- t i j '~ S3* ~ } ~ ''~, ', r ` ~ it ~~w 1 ~"fas a'..:e ' Meridian Planning 8 Zoning August 2, 2007 Page 4 of 21 Rohm: It's been moved and seconded to continue Items 5 and 6 to the regularly scheduled meeting of September 6, 2007. All those in favor say aye. Opposed same sign? MOTION CARRIED: THREE AYES. TWO ABSENT. Item 7: Public Hearing: PP 07-013 Request for Preliminary Plat approval for 11 building lots and 2 common lots on 26.35 acres in an I-L zone for Kennedy Commercial Center by DBSI Meridian 184, LLC - 1250 W. Overland Road: Rohm: Boy, we are moving right along. We just got a couple things left and we will be out of here. Okay. Before we start, basically, the process that we go through with the public hearings is we first open the Public Hearing and, then, we ask the staff for their testimony. Once the staff has given their testimony as it relates to city ordinance and to the Comprehensive Plan, then, we ask the applicant to come forward and present the project from their perspective. Once we have heard both those presentations it is, then, open to the public. The public has an opportunity to respond to anything they have heard in testimony and/or as they perceive it as it relates to the UDC and Comprehensive Plan. The applicant gets the final say. They get to speak, respond to any testimony given in the Public Hearing form and, then, once that's all completed, we, as the Commission, will either continue the items or make some sort of a decision, either forwarding to City Council or -- with approval or recommended for denial. Rohm: So, with that being said, I'd like to open the Public Hearing of PP 07-013 related to the Kennedy Commercial Center and begin with the staff report. Wafters: Mr. Chairman, Members of the Commission, the application before you is a preliminary plat request for the proposed Kennedy Commercial Center. The property is 26.35 acres in size and is currently zoned I-L. The subject property is located at 1250 West Overland Road on the north side of Overland, approximately a quarter mile east of Linder Road. The property is bordered on the east by Western Electronics, zoned I-L, and Mountain View Equipment, zoned C-2 in Ada County. On the west by vacant property, zoned I-L. On the north by I-84 and on the south by Overland Road and existing rural residential property zoned RUT and R-1 in Ada County. This is an aerial view of the property. The site currently consists of vacant, undeveloped land. This property is currently zoned I-L, which complies with the Comprehensive Plan map designation of industrial. The applicant is requesting preliminary plat approval of 11 commercial building lots and two common lots on 26.35 acres of land. The proposed building lots range in size from .83 of an acre to 7.3 acres. Access to the site is proposed from Overland Road via South Tech Lane here, an existing private street. A driveway is also proposed at the southwest comer of the site from Overland Road. Staff is supportive of the proposed access points, provided across-access easement is recorded for all lots in the subdivision to use Tech Lane and the driveway to Overland Road and that an access easement and driveway stub be provided to the property owner to the west to use the driveway at the southwest comer of the site or locate the ~w~~~ - 1- f- ~ x;-,'- ,. 1~~~'t~t 7' .~:`'7t"7 ~, ti3~'}1#~`. "j,~n :_ .s`t~'~ y~ t-.:, e r.. - ~ _. .,.rm. _ _ - ._ f, .. 3K4y~~ rr. ~ ~ ~` ~ t f L r !7, ~~~~r l ~ ~~~~~ R ~ I~~~ypy~~~ ~,'~ ~ k~~~ ~ f in vC..' t ) .. ., t ~ 1 3 _,. 1 Q~r~ 5~' u ~x ~~na' t ,, y '" ~ rs4+<fi'kG~C~ ~ Kj~+ ~'.'r°~e :~~ ~ ~ "7`fi t y ~` k ~ ~ r ~ ., r ~ ~':k"7 ~ti~ _ 'fi'r ~` i v, '~,'T ~ eri'~ !jF~ ~ ><r', e , _ ° r'tif~ r ~r r : ~ !k F-' ,eft ~1 yF C~fF~ '1 ,r~, ;{,71 ~, - } L ~ ,' b 3 `# ~ L Eby;' l Y i5^y n G ~ ,~^r -'t ~ ~ ~_'~t r ,rs - ~~~ ~ ~ ti ~~.~ o~ usbk , r +~ f , ~'~i tc ~,~- i *' .b f'.r{ , _ 4 ~ t t~ ~ +t " f^ p ~, t~ , .. _ ~. `it 1~ .. , .. ~1~ .r- c - L v~ Y~~;~¢a "*:r!" ~ .~, r'+Fx ~~>fi~t f ;5~~~ ^~ r~'i *ti~."3' ~~'~~" "' _ _ s~ ` _ _ ' r t ~ ~ `~ .~ '~ & ~~Y~* ~ '',a}y"" ~ l Is ~ ~~5~ a.~K yx~ i ~t i cs yr~ ?.ice' ~'~a~ ~c `~ f~„ ~v`/ f~ ~'tkf,~{v'~'R,~f,lt~t~'~,{~ ~,^jj~!~r y'71- c.'~Y~~ ~"4 3 °i~ ~Y~ L `.5.~. ,~'~.. ~' 3 ~ S~ r~4L ~~C~'t .}~Y t^l ik ti F r7 a. ~t {~C" y~., ~ `4 ~j4~~~: 1 ~ e,., . - ~ :,~ ,' t .(~- y~yi ~ F ~~ 1 v t E - Y.n y Tlry ..7- F'~ h ~ ~ ~h S}.K~Y v. F 1- 9 1 _t ~ ~ t _. ~ ,:,., _ ~.. '... ~ Fir f. ~ b~ yy. S 4~ ~ ; ~ J ~ ~ '1 ~ ;~.'~~~ ~ 't^~X;~~~h>4 r E~.x+y`'. ~'i r t~ '~;~' ~ P`"`&~7~~~i~l~°`r~t'< , i 2 - "~ . is A?f r ~ ;.J .rn .:~~ f .. .ZSe .4 i~.~. a .... f .i ^.~4.~wr~ ~'?....~ .. .. .^f:3 ~~Y ~i.~ F'~~YI iV i'ti.R~1~.~.7~~ "1 .. sr, ~~ ~~' I ~~ Meridian Planning & Zoning ~,; '° August 2, 2007 "-~ Page 5 of 21 ~` driveway directly adjacent to the west property boundary and provide access to the •`'' property to the west. Excuse me. The driveway here -- proposed driveway location is ~, l right in there. This proposed driveway should be shared to reduce future access points i on Overland Road. The plat depicts South Tech Lane extending north approximately measured from the center line of Overland to the center of the cul-de-sac. 600 feet ,, ~° , The private street is currently approximately 400 feet long. The UDC does not allow ~ streets that end in a cul-de-sac or a dead end to be longer than 450 feet. The end of ~~ the common lot that the private street is contained within shall not exceed 450 feet in ~ length measured from the center line of Overland Road. Here is a copy of the ~. landscape plan. A minimum 25 foot wide landscape buffer is required along West Overland Road. Thirty-five feet is currently shown on the landscape plan. A 50 foot wide buffer is required along I-84 here and a ten foot wide buffer is required along South Tech Lane. Additionally, a 25 foot wide buffer is required along the east property ~~ boundary adjacent to the existing non-industrial uses. The applicant did not submit ~R conceptual building elevations with this application. Elevations were submitted E ~~. ; previously with Conditional Use Permit 01-009. All future structures on the site that do , ~; not comply with the building elevations and materials submitted with the previous CUP ~- ,: shall be subject to design review approval per the standards listed in the UDC, along ~,:. ,,. ~~ with any Conditional Use Permit or certificate of zoning compliance application prior issuance of building permits. Staff is recommending approval of the subject preliminary l ' '~` ~ ess s all staff has, un plat application with the conditions listed in the staff report. That ' ~ the Commission has questions. w ~.: ~~ ,c. Rohm: Thank you very much. Any questions of staff? ~:. ;, ~,, ~~ O'Brien: Not at the moment I can't think of any. r. Rohm: Would the applicant like to come forward, please. And, please, state your name '` ' and address for the record. ~r _ Mokwa: My name is Tim Mokwa, M-o-k-w-a, with Toothman Orton Engineering, 9777 ' k~ F` '' t Chinden Boulevard, Boise, on behalf of the applicant. Staff covered it fairly well. I don ~' ~ really have a whole lot to add, other than I did talk to Sonya today and she mentioned it ~. ~ ~~~ ~''' in her discussion, but I don't think we -- the condition 1.1.5 deals with the length of the private street and the cul-de-sac. As 1.1.5 is written, it says that proposed extension of South Tech Lane shall be limited to 450 feet as allowed by UDC, measured from the ~' ~~ `" ' center line of Overland to the center of the cul-de-sac. Per our discussion earlier today ~ and what Sonya just mentioned, that should read from the center line of Overland to the '~ " ~~ end of the common area lot and that's a -- that's just a distinction to make that -- bring ~' ' °~ that private street into compliance with what was previously approved for the ~' "~,~~_ ~,. -, beyond the private street easement that's already there that will Conditional Use Permit ~;~ ` ~ , be encompassed or over the common area lot. Beyond that we will have a -- excuse ~ n easement that will be in favor of all of the lots within the subdivision and will : ,- me -- a also contain a provision for emergency vehicle access and turnaround. So, I don't now if that -- if that made sense. Functionally it's still going to be what you're seeing here, but it's a distinction in the length of the private street. ~~ F r ~ fi' ,J ~a~~~H s r ,i ~ ~ `"4 ~~~ a~~rJ~r ~ •.t~.' ~ ~ ~#: ~:' ~~ 15 , F~ , i,~x°`i~ ~. ° 1,~ ~ ;, ,~~. - y~=f~~ s ~~ ~~~~¢~ ~.t , x< ~~ ~~~~~~.x_ w ,1. ~~. t , rc n , a ~ +a: : s' k a ~~.~ a '~ Y~.t ~ h"'h ~ ~~ ~ ° s ti '~~r.-~ 7 ~. ~n~ ,._ a; ~ , . , v q ~•. rR. z.9~ ~~~~~~~ ~f7 z ~ ~ r r S ;~~ ,. ~ ., .-1~ x<y~a1 r ~V ~ , Y{R F :'~11~ V l 4' ' `~~'Wi" ~ + Y` 9 y~~ 4i4't? nun ~~ c fowl. ~ _ ` F ~~ ~, X ~ ', C ~~~ ~ pry ~.. ~ 1. } ; /b 7f n ~ ~ ~, y ~ tt - ~ ~~ ..tt ~. +~~ ~3 s+fi h ~5 '~3e~ - t- i .. ~ ~: t rC~ ~ _ ~~~~~ ~~.~ ~#Yy ~~j~ i Meridian Planning & Zoning August 2, 2007 Page 6 of 21 Rohm: So, the cul-de-sac doesn't necessarily have to be at the end of the 450 feet, it can be beyond that as long as the lot line is within that 450 . Wafters: Chairman Rohm, Commissioners, that is correct. Rohm: Okay. Okay. `~:. Mokwa: Other than that I don't have any other issues, but I would be happy to answer I t any questions that you might have. Rohm: Any questions of this applicant? ~~: O'Brien: Boy, I can't think of any. ;. a- > Newton-Huckabay: Too straight forward. ,_ , O'Brien: We like them that way. Rohm: Yeah. '~~' ~ Newton-Huckabay: So do we. _` Rohm: Yeah. Absolutely. Thank you. Mokwa: Thank you. ,~ Rohm: Okay. We do not have anybody that has signed up to testify to this application, ~':f but if anyone would like to come forward and speak, now is that time. Okay. Seeing "~ none, I'm not sure that there is a lot to discuss. It seems as if the staff report and the applicant are in agreement, so I think maybe -- :;: ~~,~. Newton-Huckabay: Did -- Mr. Chair, did Mr. Mokwa's statement warrant any change to 1.1.5 in the wording? Rohm: And maybe it should. Sonya, what's your thoughts on that? _; i " r'~ Wafters: Commissioner Rohm, Commissioners, we could just simply add what he ~- ~ requested. The northem boundary of that common lot be limited to 450 feet in length ~. little bit more. p ~~`= I measured from the center line of Overland Road. Just clarify it a ~`~`' Rohm: Thank you. Newton-Huckabay: So, it would say from -- measured from the center line of Overland a:~ to the northem boundary of the common lot? Does there need to be any comment related to fire turnaround? ,- T-~_ ,~ ~,: R.-.~. ~~,, ~. k'~ t. ~~i~Y ~ a 1 aP ~W t ~• S A ~ ~ ~ ' _ _ ¢! 5+ 3?i+' k ~ 1 ~ I ~ ~~ t t ~~~ t ~ 5 ~. F 4 F fi l r~ t ~E~.:~~r m Y ~ ~ '' ~ ~`._ ~$jr~~ ,,. ~L ~ r.rtir~ 7 J. ~' YZ` :.' I~~~N a~ ~ T' ~ LL ~F~t-'~~~ 1 3 j~ j 'Y ~ Y ~~ r ~.~t ~' kr-r s e' ' ' ttAS,s~ Ink r ~ ~ w "~ ~ ti ~J? ~~ f iA :' ~ -.S ~r r ,a3., _l ~ 4 d ~t ii~2 u' ~ y~ ~i~~7 fin. ~' x,: w tb 2 ~ 4 Z~ K ~_ F ~~~x ~* ~,fdfk.r7 c1t ~ f ~~ ty u~l • ~~. Meridian Planning & Zoning August 2, 2007 Page7of21 Wafters: No. I think that's covered. Newton-Huckabay: We are good? Okay. Mr. Chair, one moment and I will make a i motion. Rohm: Well, first of all, we need to close the Public Hearing. Newton-Huckabay: Oh, yeah. Mr. Chair, I recommend we close the Public Hearing on PP 07-013. O'Brien: Second. Rohm: It's been moved to close the Public Hearing on PP 07-013. All those in favor say aye. Opposed same sign? Okay. Thank you. Newton-Huckabay: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number PP 07-013 as presented in the staff report for the hearing date of August 2nd, 2007, with the following modification: Under Section B, conditions of approval, Item 1.1.5, the first sentence reads: The proposed extension of South Tech Lane shall be limited to 450 feet as allowed by the UDC, measured from the center line of Overland to the center of the cul-de-sac, shall be changed to read: From the center line of Overland to the northem property -- northem boundary of the common lot. End of motion. O'Brien: Second. Rohm: It's been moved and seconded to forward onto City Council recommending approval of file number PP 07-013, to include the staff report with the aforementioned modifications. All those in favor say aye. Opposed same sign? Motion carried. _f Thanks for coming in, gentlemen. ~~ ~~~ MOTION CARRIED: THREE AYES. TWO ABSENT. -~ ~~~ Item 8: Public Hearing CUP 07-015: Request for Conditional Use Permit for a "~`T~' fitness center within the Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans Construction - 3220 North Meridian Road: n ~ .. i; '~' `1 Rohm: At this time I'd like to open the Public Hearing of CUP 07-015 and CUP -- oh, '`~~~ no. Excuse me. Just CUP 07-015 and begin with the staff report. Parsons: Mr. Chair and Members of the Commission, the application before you is a -` request for a Conditional Use Permit for an indoor recreational facility in an L-O zone by Dave Evans Construction. One thing to mention is staff has approved a CZC for an office shell on the subject site and the proposed recreational use requires approval of a ~ CUP. The property is located at 3220 North Meridian Road on the northeast comer of t_:; , ;~ ~~, ,~~_: `.~ I ~ b ~ ~s s~ , `,~;' ~~ ~~, ~~~ :~~a ~5 Meridian Planning & Zoning August 2, 2007 Page 8 of 21 b r~{,. _ ,. ~~ ~~ . ~, ~~.:~` ~~ ;, 4 ~: ' z ~. ~~. ter, ~_ ~ ~..: ~~ ra: ~f ~ T J YM ~ $ ~ S {i F a ~ ~'J, M: J r ~~: -: ~. ~ a t btf ', r' :: ~ ~y~~ ~ > North Meridian Road and East Ustick Road. The zoning for the properties adjacent to the site include R-8 -- R-8 to the north and to the east and R-6 Ada County to the south and, then, Settler's Park to the west, which is also zoned L-O. The site is consistent with the Comprehensive Plan, which is designated limited office as well. Here is the subject site here and an aerial photo. The actual lot is right here in the comer, which you can see is quite a distance away from the residential properties. The Unified Development Code requires Conditional Use approval for indoor recreational facilities in the L-O zone. The applicant is seeking approval of this Conditional Use Permit to operate a 4,750 square foot single story, 24-hour fitness center. As mentioned earlier, there are residential uses nearby the subject property. Due to this site being located on the comer of Meridian and Ustick Road, staff believes this would not have an adverse impact on the surrounding residential neighborhoods, therefore, all of the conditions regarding the site are standard UDC requirements and no site specific conditions were proposed. Also located on the site are two existing office buildings, one to the east -- and this is where they are proposing Anytime Fitness. There is a constructed building to the east here and also one to the north. This is a dental office and this is a real estate office and also insurance firm. The access to the site will be off of Meridian Road to the north, Ustick to the east of the site, and also from the adjacent residential property to the east. If you look at the site plan here you also see 15 parking stalls that's already been constructed. All of these and the landscape buffer were all approved under the final plat for Sundance Subdivision No. 5. The applicant did submit ~: ~.: a landscaping plan and are proposing an additional 15.8 percent of landscaping on the interior of the site around the building. So, here is where the existing landscaping is now and this is the future landscaping, which is an additional 15.8 percent. The applicant also submitted elevations. This is the east side of the building, which is towards the Ustick entrance -- access points. You have the north elevations, the west elevations, and the south elevations. And here is the color rendering of the east elevation. It's also important to note that these elevations -- these same elevations were pre-approved with the CZC application for the office shell. So, as I mentioned earlier, if this CUP application isn't approved for an indoor fitness center, then, the building will be billed as -- for office use. And it's already been approved under -- as far as on a staff level. I'd also like to make the Commission aware that a letter of testimony has been submitted for this application in denial of the project and that should be included in your packet as well before you this evening. Staff is recommending - approval of the project or the Conditional Use Permit as stated in the staff report, subject to conditions listed in Exhibit B of the staff report. This concludes my presentation and I would be happy to answer any questions the Commission may have regarding the project. Rohm: Thank you very much. Any questions of staff? O'Brien: Yes, Mr. Chairman. Are there any existing trees of any caliper on the site currently? Parsons: Yeah. The buffer -- this buffer -- the two 25 foot buffers or -- I think it's 25 foot buffers along here and in the existing planters here have all the required trees and they .~ ~4 ~; jr n ,9 ~. _ k., w ~d- .~ ~ ~ ,, ..y~ ~~ t~. ~ ~ ~ _ r ~ 1 ~ y ` '~> 5t$t I k t ~, { ~{~ ~i'S ~i cl~ ~ e c " 1 ~~ ~ ti"! ~ ~~ ~ ~ ~ y ~ { E ~ j{1 . i. ~ _ - f T YA ~ ~ ! ~ F Mh'f . ~,, `Y ~~ i ~ i W q r 3 ~b aS~'}~ C r f ~ ~4 tint' .~,. }~< r ' ~ r ~~~ ~L ,~ ~tkn-f Y. ~ 3 ~ ~- ~ 4Y ~ E ,: - . . ~z ~ ~ 7 . r x . F ~` Y 1 k ~ ~_ 'C :' 'i ~ C a s r . ' _ ~~. - Sld' Yw ~ S CjLt~ ~~'~ -., F~ `r~t •' }4 t {F ~ f ~~: P ZF~~'~'r ~yyyyN'N.~, 4, ~~~ "l~~ ~. ~~' 4 r t ~ [+t' F7 _ ~ f ~Y y,J~. rs~~ ¢~ ~°Wwl~ .. j k~~4`'~ 3 l ~7~ L~~4~1~~ ] r ~t i~ 1!F'~~ E 3~~ '~ " !! ~ J. - ` A JJJ `i. * r ~ ~ ~~~~ to ~` ;` ~ -" F Yt o ~ .. t r w ak _ ~ - x mss, ? ~ yd ~ ks : ~ ~o ~ t -u n k, T. t .' t t S~ { 1Y ~~ ~ ~ 3 2 f s< ti f ! ~ ~~,~'~ pt ~= a~ , ~ ~,k '~ b a ~ ~ ~ ~ ~` ~ .. ~ ~ ~ Er ~ ka r ~ ~ ~ .. ~.[~ . f~*#iE-y7'^S.~4w1 X7"7 ;3~TE ~ . ~~` ~ .t l t t s~ ~Y 4~ a d !: T 3- T i AL , ~ 1 f~ Y{l y f' rsf ~ ~~1 r:.~3 7 f 'Jr~l ~ r ~f '~"~ W ~:: Y ~ ~ ~" f i~ ~ , ~~~ ~ ~ ; L }~ xt r ~} 'y ,~ ( .p y v i~y R~'7~~at~i'~".'~/' :~i . ~ t '. ~''~ ~ at i ~~~t'! 'SF ~~1 !'.did tai' S#±y~'il~ ~ ~ F ' } J .~ 3 ~ iT it ~l}{~y h ~ ,e :~. Y f J { ~ ~~ " ' ~ ~ ,~ ~~.5: ~ ~~}~r~.~ ~s i ~~,}~ c~a' ti~. "yi.w 'r~ ¢~ ~ fi~ ~~ ~%t '~i ' ' vti~'4J~~~i ~~ ix% Vie. .~ - _. T. i_~1 7. ~ 5 7 ._~ ; - ~ f ~{ ~ Y :J ~ ^1 yi,,,pi Ya r ~n 11~ `K _.~ ~ ,3•`~'f ~ ,~ i `. G 'Hx"' } G ' I ~ k;pt ~}~'~ ~~ ~' t~*~F~rk. t ~ y { {~.~ Y yy $~ ~ A iF:.i`C M 1 ". LI'~~~ ,~ ~1fih~F ~F'I~~~~ n L~1 ! I 1~1 ~I ~ L~~~3'~~~ ~~~~ .l .,~ ~ c. a~7 S .~ h I ~+ r t ~ ~ { t. .ca ~ ii ~ s:~ ,~ ~ ~ 5. ;~li='~, r. , t ~ i :~ ~ y '1+ ~'- fX"ki~l _' ~ g X` 01 /w# `5~4~ y~c~ J~~, ?~. i r~~o~~wi,~2~,~f~~C~~A~~.S~~~~i~ Y1,n,s..4+.~'~'c~~,~~~.:~~r~~3~i~~NM'~r ~"a .,h,. k. f. rr ~i~ Meridian Planning 8~ Zoning August 2, 2007 Page 9 of 21 are -- they meet code requirement of two in caliper or larger. So, all this landscaping installed. This -- what they are planning on doing is adding this landscaping around the building and, then, integrating it with the buffer landscaping. O'Brien: So, there is no existing trees that have been there for awhile that's been affected by this? Parsons: No. None are going to be removed and none -- just what they have put in the landscape buffers during the final plat requirements. O'Brien: Is there going to be any cross-over traffic between the other sites and that particular one? Parsons: Yeah. They do have an access agreement to go across all the sites there and there is also shared parking as well. So, even though they are proposing 15 -- go back here. Even though they show 15 parking stalls on site, they have a shared parking agreement throughout the whole subdivision. O'Brien: Thank you. That's all I have. x. , :~ Rohm: Commissioner Newton-Huckabay, do you have any questions of staff? ~~ . ~''''` Newton-Huckabay: No. Thank you. hi` ~` , , Rohm: Okay. Would the applicant like to come forward, please. Brose: My name is Travis Brose with Dave Evans Construction, at 7761 West Riverside Drive in Boise, and, essentially, staff did cover it. The reason we have moved forward with the CZC application is an attempt to fast track this to the construction point due to t' the client's timeline. They also understand that if it is denied here, that, basically, it's only built as an office and they, unfortunately, need to find another location. But we feel ':., ~ that this will be a nice facility in this area with the surrounding residential and park -;, nearby, there would be a lot of -- hopefully there would be a lot of pedestrian traffic from the neighborhoods to the facility or bike traffic, rather than a lot of cars, vehicle traffic -'' going through there, as well as being within an office park. The hope would be that the "~'~~' other facility employees would also use this and with that I would stand for any ~,~,, ~ ~~ questions. ~'';;, Rohm: Do you know if there are other facilities of similar nature in operation currently? Brose: The other facilities that I am aware of -- I believe there is one on Cheny Lane. I'm not sure the cross -- the crossroad, whether it's Meridian or Linder. I believe it's closer to Linder. But it is in, I guess, sort of a strip mall type setup and it's just kind of a ~~~: 'w^ really small facility. ~~ Rohm: It's small, but it's operated with extended hours? n c r - t [~. ~'~.~`~ r' , .. n~ `:r s. ?~i.;: -. - r. - -. 1e~;ti u~ ~ a '', ~. ~:;~s: 5~ ; ~ ~: °~ ~' a.EK&: ~`~,'. _.. Meridian Planning & Zoning - August 2, 2007 Page 10 of 21 Brose: I don't believe it is extended hours, actually. Rohm: That was the reason for the question related to -- s;~I~ Brose: The only other facilities I'm aware of like the 24-hour type -- I guess Anytime Fitness specifically, they have one in Kuna, as well as one in Caldwell and, unfortunately, I can't think of any -- Rohm: Can you speak to how well they have been accepted in those -- like the one in II ;~~; Kuna, are you familiar with that? ~ -1, ~~. rose: I have seen the location. Didn't really take time to notice the area. I have driven i~l~. t,, B by it several times. It is kind of a similar situation in a larger facility with shared uses in i ;- ~` there and speaking with the client earlier today, they said they get an average of a hundred people per day at -- throughout the day and it's a pretty small occurrence that they are -- that anybody is there past 10:00 o'clock. You know, it's the occasional ~~ - person that may work at HP or, you know, Micron with kind of the odd shifts that would show up after midnight or something to that effect, so -- ~- : Rohm: Uh-huh. Okay. Thank You. Any additional questions of the applicant? O'Brien: I just have a question, Mr. Chair, on any -- any kind of police reports or any issues or concerns that the police department might have with that -- with the hours after midnight or even after dark for that length of time. Is there -- Brose: I'm not personally aware of any. The client did not bring that to my attention. They do have avery -- I guess high tech facility, a lot of cameras. They have the card readers that would unlock the facility for them to enter. They don't allow minors, anyone under 18, there past 6:00 o'clock in the evening, due to staff members are there I believe from 8:00 or 9:00 until 6:00 in the evening and they have had couple of "~ occurrences of teens trying to use a parent's pass after that point of the evening with the cameras and being able to read the computer systems, they shut down -- basically locked out the key and they weren't able to use it at that point, so -- O'Brien: My concern was the safety -- ~~I, Brose: Right. I understand. y~~ O'Brien: -- from anybody lurking around the outside area. With the park across the __ a ark's closed. I think they patrol them I treet these kind of thins well, I think th p s 9 ._ Y' , think at, what, 10:00 o'clock I think, something like that at night. I'm not sure, but I -- ~~ Baird: Sundown. <~ ^< a ~t ^ Ei ,a ~~_ ~~~~ tro - y. ~. K - ; 3 a t-~; ;~ iii ~#k Y t - 3 ~r ~ ~ ~ + .S ~ ~Y ~~ f Jy ~~' ~~ ~ Y' ~ °r .1 ~ ~ ~ ~ h '=t ~ C ~ ~ y ~ :: ~ xn ; ~~++~ F ~. , ~ ~ r_ N:.. ~ °,~~ '~lfi`~83~: F + ~ ~~, r ~.+~ r_ ,~'~,~, ~,~~. d7 ~ ~. .x, .,~.~ ,',~' '``' -, ~.;,~`~ k~~ , t~€~c ~} ,r .:s BFI ,.: ~ ... -.,..'~. iH. - ..-. S- . Meridian Planning & Zoning August 2, 2007 Page 11 of 21 O'Brien: Sundown? Okay. So, those are my concems and about, you know, if anything, if the police had -- and maybe staff could add to that, if they were contacted to -- with any concems about this establishment after hours. Parsons: Chairman Rohm, Commissioner O'Brien, the police department did not ~~ comment on the staff report, but we can definitely check into that for you if you'd like. O'Brien: I think it would be a good idea. That's my only question or concern. Newton-Huckabay: Mr. Chair? Rohm: Commissioner Newton-Huckabay. Newton-Huckabay: Did they have an opportunity to comment and chose not to? _~ Parsons: I believe so. ~. Hood: Mr. Chair, Commissioners, I m going to look for our agency comments meeting notes and I'm sure they were invited. I don't recall offhand if they were at that meeting or weren't at that meeting. I know they got the transmittal anyway and, generally, if they get the transmittal and have concems, they either show up to that meeting and provide ~, , f=,' comments in person or will a-mail the planner their comments or concerns with the si e n... layout, but let me just check and see if I can find the notes and I don't know i you fi remember, Bill -- there is nothing here under -- on our sheet for the police ~: ; representative, so it doesn't look like we received any comments from them. ~:, O'Brien: Okay. So that -- go ahead. :' ~,.~ Newton-Huckabay: Mr. Brose, I just want to make sure I understand how this works. ~~~ ~ So, the facility has operating hours of 24, they have staffed hours approximately eight `, hours per day, from 9:00 to 6:00? ~; ~_ ~ _~ Brose: Correct. r~ , ;:~~~ ~~ ~~ Newton-Huckabay: And you are -- you access the building through a key card? =~ g ~ ~'I Brose: That's correct. `~ '~7" Newton-Huckabay: Okay. All 24 Hour Fitness locations are not 24 hours, though. Is ~~ '~`'~ that correct? They all operate 24 hours? Grose: The specific -- ~~ Newton-Huckabay: Was it 24 Hour Fitness? ;~, i µ; ~~fr Brose: It's Anytime Fitness. ~; , , -~- .~~ ,~ _ ~^) k .' L4 ~. ~ +~ y i. ~' ~~~ ,~~;~. ~ y ~ra;~+ ~ _ ~ ~ Yr +~s t 'r. SA'~ t } n,' s t ... - I>' Hn,~il y., f s# ~~+ w I ~~ x f ti ~ ~'• .N~ ~i ~ "` y !~ I Ti.'.2 -'w~ r w Y ~ i i. . ~~yy1 ~ ~y'~ ~'`~T T~ t~ ~ F J~ ~ a ~ r kt. ''' ~~ ~ ~ ' ~ ~ ~ ? AR'b..,Y ~ ~ + c ~~~ ,~,~ ~~7}} v ~ ~~ ~,~~~.sib '1+ y `/((e ty ;~ ~~~~~~{ ~ V ~ ~.yvr - ~ } ~~~ ,y a 2 z ' ~ l 4 F ''~ ~` sir ~~~~ k,0 7 r~'ts:~~ ~ ~ S -: r -~-. e`r~a 4 ~ ~ F ~~A~ . , ~~ f i ~J ~ ' i • r Meridian Planning 8~ Zoning ~" August 2, 2007 ?~ , Page 12 of 21 ~'~ Newton-Huckabay: Anytime Fitness. I'm sorry. Brose: Similar franchise. They do operate 24 hours. Newton-Huckabay: Okay. The only other question I had is what kind of signs do you put on the building? Brose: Signs would be fairly minimal. It would be in compliance with code. I believe there is a percentage of that. Having the comer location would be ideal on the elevation -- the entrance of the building you can see there is -- it's -- I guess it would be tough I ~+ to -- '' Rohm: There is a pointer right at your podium there. °-~: Brose: The areas here, as well as, you know, here, would be -- could you go back one, please? This location, here we go, is the one I was looking for, is on Ustick Road. That is -- would be conducive for any signage there. It's not going to be huge, obviously, the space isn't going to allow it. It's going to be within code. It would be non-illuminated. It would be their -- their logo, which says Anytime Fitness and has kind of a runner in motion. It's -- Newton-Huckabay: I was actually more concerned about whether or not it's illuminated -- Brose: Sure. Newton-Huckabay: -- because that would -- the south -- the south location is the closest to any residents -- Brose: Right. Newton-Huckabay: And right in their -- would be right in their back window. Brose: Yeah. I definitely understand that. As I said, it would be non-illuminated and the soffits here, we do a recessed can lighting, which is similar to what you have above ~` you and it's a two foot soffit, so it's directed down along the walls and that would be kind ~~",~' of an indirect lighting and that's how it would be lit, so -- =<f ~~ Newton-Huckabay: Great. I have no more questions for the applicant. -~ :~ Rohm: Thank you. Okay. We have Resa Brown. Would you like to come forward, :_; please? c - '' ~~ 'mil AV ..:j ~~ fif 3'K S' Y J~~ ~~, { 4 ` ~b ~ °~ c ~ ~ f.'S ?~j p .~ ..~. - 7f .t ~ .m 7 y. s y e i-, ~. ~; k r~ r f 7 ~,~' s~j~. if r ~ i z rM ~ ~t :. yR~ r w ' ~`~S t r e t ~t 1 , `' M~~ '. ~` `w ~r ~ .;: ,~~ .~. v +n' 4 SF t { ~ > f C T ~ ay S~s ~, „ - =' ~ ?"~~~ ~t 'Sr' t ~" (c ~ +a ~; t .;F r k _~ '~ a ,~~, -. ` S H~ ~'',~c'°'v t t Y ~ ~.«~ ~*' ~ y ts'.~. ~ i~^.t1'~i 53 ~~ 1'~ X~i~ tr ~~ c~ ~~ L [i ~ ~~.i7 ~ii , ; ~ ~J _ Lc .'• fY ~' it ~ ! -rr a~ ddw'1 K' ~8 . ti13~•,;.%, ,~. 1 ', ~ ~ xf ~, Meridian Planning & Zoning ~~~ ~ August 2, 2007 ~ Page 13 of 21 Brown: I'm Resa Brown and I represent the Homeowners Association for Cedar 3; ~ Springs, which is actually -- the homeowners -- actually, the subdivision that is next to Settler's Park. So, it's actually across the street. Rohm: Okay. Could you give your address for the record. Brown: Uh? `. z Rohm: Your address. $ I ;}.: Brown: My address? , : t ~ Rohm: Yes. ~~ Brown: 3854 North Price Way, Meridian. s Rohm: Thank you. Brown: We only have two concerns, the homeowners. One, we are concerned about r . the traffic that this is bringing in. We are used to seeing commercial buildings of this _ type in the comer and, like he said, we have real estate, and there is insurance, but I don't know of any other subdivision with this commercial nature that has put in a Fitness Center. The one he is describing on Chinden and Cheny both are on very major thoroughfares. Meridian and Ustick just finally got -- as you're probably aware, we finally got a traffic signal not too long ago and we are still just one lane in all directions. we don't have two -- you know, four lanes going anywhere and additional traffic So ' s> : , s would probably be a problem. He said 15 parking spaces for all of the buildings. That ~~ ~ not very much for a fitness center. I don't know, even a small gym 15 spaces, if you add staff and the other buildings, where are these people going to park? There is no parking on Meridian and Ustick. You have got Settler's Park right across the street and ~' .f:. -- but our other main concern would be the 24 hour feature. We fought hard in our subdivision against vandalism and, of course, we have some, as all of them do. As you Settler's Park had some as soon as the new playground equipment went in, they know ` ~ , had that major damage. And I'm just wondering if you have 24 hour facility open -- they ' ;_`' t take are saying by key card and no staff -- anyone can get in. I mean that doesn enin o ll t' h ~` 'r `~ '' g p y s rea a much. One person is a member, 15 people can follow. I just think t ...' i r - ~ the subdivisions up to some real problems there. Thank you. : 1 " ~ ~~~'~ Newton-Huckabay: Thank you. }?i ~ ~~ Rohm: That is all that is signed up to testify, but if there is anyone else that would like ,, ~>;~ to come forward, now is that time. Okay. Would you like to respond to the testimony or ~` ' -- it's not required, but you're certainly welcome to. Brose: With the structure itself being designed similar to the rest of the office buildings ' ~ e `: i within the facility, I don't feel that it would create any obtrusiveness of, you know, the i ,yF~~,-_t R Nr:.1a? t.. .. ~... r h'=.€?X'={iii' .. iytr,~'.a+y F ,, ; ~t~'~': y ~, i.7:kh~4 ~;~~' ~,~~~~ ~ ~ i 4„i:~~ fij'" i.tir ~'1 °y, ~`5. .t;;,4 ~'N s~. k: ~` Meridian Planning 8~ Zoning August 2, 2007 ~,; Page 14 of 21 t; ~~ normal large looming fitness centers, Gold's Gym or any of the other extra large ones ~'* i that have the capacity for those, as well as a huge expanse of parking lot in there, which sometimes can, you know, not be the best visually. We feel like the entire subdivision as a whole really works together. All of the parking is directly adjacent to the buildings `~ ~ and so it's really well lit by the building itself with the soffit lighting and this facility being 24 hour, all of the interior lights will be on shinning, you know, through -- not through the windows to -- to be offensive to the neighbors, but would help to illuminate the parking `~ and provide a little more safety in the evening time, as well as the rest of the buildings in '~~~` ked out hers ma be havin a car or two par a: there will have all of the soffit lights on and of y g there, it will just be a locked up office building during the time. ~_ °`_ Rohm: A question I have, then, and I think that it's been answered in the staff report, y ~.; but just for the public, there is 15 on-site parking spaces, but, as I understand it, the subdivision parking spaces are also available for use if need be for this facility as well, ~; not just the 15 that are adjacent to the building itself; is that correct? ~ Brose: That is correct. Rohm: Okay. Brose: With the rest of the office buildings in there work under I guess the normal business hours of up until 5:00 or 6:00 o'clock in the evening. Most of the folks attending would be going there after the office hours and would alleviate any parking issues because no one else -- no other employees are in there, so there are plenty of parking spaces available in the rest of the subdivision. Rohm: Are you aware of any issues with the other facilities that the -- these developers have, the Kuna property? Are you familiar with any issues that have arisen in those communities? Brose: I am not aware of any. I do believe the one in Kuna is -- it's similar, it's on a ,, comer, but, again, is in a larger facility and I believe it's near a gas station, which does operate, you know, longer hours than another -- than just an office park as well. `s + Rohm: All right. Thank you. Any other questions of the applicant? i i ~,~~ O'Brien: I have none. i '~ ~ Rohm: Thank you. Could Iget -- any discussion before we close the Public Hearing? O'Brien: Yeah. I -- Mr. Chairman, I still have that concern about safety and security in the off hours. By off hours I mean when there is not a person on the premises. I just have a bad feeling about that, based on past history. Newton-Huckabay: Mr. Chair, if I can make a comment. This type of business model is not new. I've had opportunities in the past to use facilities like this in other cities and a V~;~, ,~~* ~ x YP }k. ) s 1~ ~ ~ ~ 1 ~~ i" '•i '1 ,Y sZ~:~uu}.~ L,~~ ti~lk •` Alf b F f h' r ' { s g : ~: i'1~ } i Y ~ , ` L .~ : y; .r.. J' - : J~~ A 4 a. 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L. S h ~ ~ } l `T {i~}f 1 ~.: t / t%~~ ~i ,Lk.T. 1 5 V ~' Sri nJX ~~ t 1 h ~f jyf ~ • "y Ili~~ ~(.SfS~ ~>~ - ~~.!'t+ y {{.... ~b r '' ! 's` ~! ~ t 1 ~ f t xx ~tt ij~TA`w_. Yf ~ Y : -t ~ ! t.. '~ ~ [~~ _ Y f} %~'~W'I.f }~~~YA'y,Tq''y5 t.~i l<Y..c.G 'xy-~,r,+.~~ ~~~~Jy~`'4~~''T"'~[ _ y}a,,. L - } ~ '~t p~~. - ~ r ~ ~ 'fit'- „ :~ t Z 9 i t 1' yL ~ y~ ri L ~w ;r ~fl t~~n ~gg ?p~ *i l Y F, ~~ ~ 'Y ~ ~ ~~ i -1{ ~T1 ~1 y 7 ) }~y '~~3' ~t 1k Pl t ~ ~ F h „c } Y hsJ ~ - ~, x 'x ~.-. ~ t ~t ~n r rr i'~~ -.. `~~ ~ 1 .I ~. ~ ~.1rJ r ~ ~.~:4"'~~,x~. ~ Ar1"f'C~ ~ ~~fl A~~~ ~ ~i '~P ~v'~ I{L' '~ Y9 -.: . ~f~ ... a ,lv.~+~~..'~~,. CteY.t'A~:s~,F.~r..`~Ik'~~~ r,.~'t Srl ,.-~. ~~fd:kFil~t '4 ..,.~...,,Enrrt s~Y C-.w":. .. ~., ..... Meridian Planning 8 Zoning August 2, 2007 Page 15 of 21 • without any incident and some of them in the even less amenable parts of town, if you will. They are -- their security system is -- in my experience is -- are much more designed -- you know, designed to protect their facilities. I have never -- now, again, I don't have a world of experience with them, but I have been to several -- not Anytime Fitnesses per se, but this particular business model and they have been quite successful and you have -- you have a membership base who it's in their best interest to -- you know, to treat the facility appropriately and I don't know where your liabilities lie as a member, but Iwould -- I am certain that there is a -- one, you have a key card, so you open yourself up to any kind of negligence -- and I'm not trying to get into legal matters or hedge on some -- but I think the business model is not new and they have been around, so I'm fairly comfortable with that myself. The one thing I am not totally comfortable with, the 24 hour concept in the fact that we have actually limited hours of operation in that very vicinity for other facilities and so I'm having a hard time reconciling that. Caleb, could you -- how would you say this facility is different than say some of the offices that we have limited around there? Hood: Mr. Chair, Commissioner Newton-Huckabay, when we looked at this application, the main difference that I see in it -- and Bill pointed out this is directly on the corner of Meridian and Ustick, so it's on an arterial -- basically, it backs up to the arterial, rather than backing up to residents. So, we didn't see the use of this being as intrusive as it may be if it were another office base. Mentioned dentists that may stay later and as our society becomes not an 8:00 to 5:00 society, staying open until 10:00 or 11:00 o'clock at night, generally those L-O or office uses, those are restricted, because they do directly back up. Now, it is true there are access points here, vehicles will be driving pretty close to those residents and there may be some disturbance to those folks late at night. You know, Bill and talked about it briefly about how many cars -- I mean it only takes one person bumping their sound system at midnight or 1:00 o'clock to wake up the neighbors, but we just didn't think that it was -- it warranted limiting the hours. Now, if that's a concem, you sure can limit the hours, but that's just kind of where staff was coming from in our recommendation that the scope of this building, the size of it, I hope the business does well, but we just don't see it being a lot of people there in the middle of the night using the facility. So, that's kind of staffs recommendation anyways. And the difference between other L-O zoned businesses and those hours of restriction and this one. Newton-Huckabay: Well, my guess would be there is approximately three peak hours a day for a fitness facility. Probably 6:00 to 8:00 -- or maybe 4:00. So, your average amount of people there at any given time, if they expect a hundred people a day, you're going to be lucky if you have five people at a time there at any given time, with the exception of 6:00 to 8:00 and probably 4:00 to 7:00. The only other comment Ihave -- this is the type of thing that I envision when we look at these mixed use centers in Meridian actually having is -- is places where people who live in that area, such as myself, can go and so I don't have to drive across town or I don't have to drive out to the west Y or that type of thing or can walk or ride my bike and so I'm generally in favor this type of thing, because (believe -- I'm just so excited to have a gas station in north Meridian now, so I'm in favor of that generally I guess I'd like the other two of you to S Meridian Planning & Zoning August 2, 2007 Page 16 of 21 weigh in on the 24 hour. We have generally limited I think 6:00 to 11:00 everything else ~ around there. Rohm: To chime in, I think that staff is pointing out that the existing commercial development both north and east or a buffer to this comer lot and I concur with you that we need that kind of development in our residential areas and I don't believe that it will be intrusive at all, even at a 24 hour a day basis and it sounds like they have installed e security systems in similar projects at other locations and have met success at thos if the are willin to invest in our community, I think we should support locations and y g that. ~; ~N ~~:; ~;: r 4::` ~: O'Brien: So, Mr. Chairman, Commissioner Newton-Huckabay, the -- to clarify, my concems were not security of the facility inside, as much as concems about someone being attacked on the outside at 1:00 or 2:00 o'clock in the morning with one or two people around maybe. This was my only concern, just to make sure that you understand where I'm coming from. I agree, I mean I would be a hundred percent for this -- I think it is a good placement of this type of facility location-wise, if we limited the hours and come up with an agreement with the hours that they should be. I recommend 10:00 p.m. to 5:00 p.m. that it be closed. That would satisfy my -- my needs, as well as having security cameras on the outside or some type of thing that would monitor that during the dark hours or something or when they are -- the hours are where people would show up to use the facility. Rohm: And I certainly support your right to your position, but just by definition, Anytime Fitness means 24-7 and if we are to turn around and make a recommendation for approval of anything less than the 24 hours, it defeats the purpose of their application. So, from just my perspective I think that we either have to make a recommendation based upon the application as submitted or make our recommendations for denial and -- O'Brien: I agree with you on that. That's the whole purpose of them being there, Mr. Chairman. But I would like to see them have some kind of a -- for the off hours a security system that would entail cameras available that would monitor the parking area. Rohm: Well -- and I think they do have that. O'Brien: I don't know. Rohm: Yeah. I think that that was the whole intent is there -- they have a camera system that monitors ingress-egress, as well as the card reader that -- O'Brien: I didn't hear the other areas, just the entrances. Okay. Rohm: All right. Could I get a motion to close the public -- ~~ . ~~ ,~~, ~~~~~ ~~ ~; ~ ~F Kt „6 1 c~ ~y ~Gfl y -~ ~.. ~4 ;{: ~f ~;~ r I I ~r ;,~. ~ ~ ~ ;, ..yy'~4~~ R. 3 ,::. Y r~ f ~ 5, ~.~~ ,i~F;, y. ~~.u~ ~ ;' .., r,:.:~ t.~ ~. 3F to .' ~''~ pr .ryy z~y+~-y Cr, .t : ~'. ~l{ .h.ci ~: ~- ~,, .n t 5 ~' x ~ 5~ ~a Se - } ., z, ~1-. ~7_`~~G$~ ~x ~3 ~ „ ~ t I . ~ ` ,~, ,. ~~a ~~ ., '~ ' ~x~, ~., Y j `.u, ...3~. ~._.,.. h. ~~.; U,ic,~ ~_ ® • A ~•, ~,t ;~_ Meridian Planning 8 Zoning August 2, 2007 ~` Page 17 of 21 ~~> Baird: Mr. Chair, before you close, I just wanted to clarify you do have another option ~~ ~ that if -- because this is a Conditional Use Permit, you're entitled to put conditions on ~' ' that you may not think that the applicant would find to be tasteful, but they would ~~ ~ certainly have the right to appeal any condition to the City Council and at that time they could bring their operations people to further explain, we could have the police there -- they are generally there at the Council, so those could be addressed. So, just wanted to make sure before you close that it doesn't have to be up or down, you do have the ability to put conditions on. k±k I Rohm: Okay. Thank you. We appreciate that comment. Okay. With that being said "~ could I get a motion to close the Public Hearing on CUP 07-015? Newton-Huckabay: So moved. O'Brien: Second. Rohm: It's been moved and seconded to close the Public Hearing on CUP 07-015. All those in favor say aye. Opposed same sign? MOTION CARRIED: THREE AYES. TWO ABSENT. Newton-Huckabay: Mr. Chair, I would like to make a motion to the effect of limiting -- limiting the hours. I would -- my personal opinion is that we would stick with the normal hours of operation that we have been applying when we are limiting hours to any other business in or near a residential area. I would possibly, actually, maybe go with 5:00 a.m. in the morning, given that that would probably be consistent with the time that most facilities of that nature would open, with closing hours of 11:00. Rohm: End of motion? Newton-Huckabay: If I stated that, is it in a position where it could be interpreted as a _ motion, that would be the end of motion. O'Brien: I agree with that. .~',I, Baird: Is that a second? ti~li O'Brien: Second. t ~~ ~n.~ Rohm: Okay. It's been moved and seconded to approve CUP 07-015 with the fo owing ~_''~ ~ changes to the staff report: That the hours of operation would be limited to --from 5:00 to 11:00 p.m. Daily. All those in favor say aye. Opposed same sign? Aye. Motion carried. MOTION CARRIED: TWO AYES. ONE NAY. TWO ABSENT. =R ';' l ~ , a.> ~~~``.. ~ r~ ~.,r= ,L ~.~.~ ~_ -, >:,w~t; ~,~;- § -~ s ~L s: ~ f j ~, t 3 }y T1 ~~ ~5 z - ~ ~ .;,~°I ;:; ~, ~4~~r_;~ _~ Meridian Planning & Zoning August 2, 2007 Page 18 of 21 Item 9: Findings of Fact and Conclusions of Law for Approval: CUP 07-015: Request for Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans Construction - 3220 North Meridian Road: Rohm: With the motion being passed differing from the application, do we act on the -- Item No. 9 or can we maybe carry that over to the next meeting and have Findings of Facts and Conclusions of Law drawn up mirroring the motion for the next meeting? Hood: Could you give me just one second to talk to the applicant about that? I think if you're comfortable as staff, we could just add that -- write that one line in, it's just one condition, there is not a huge change to the findings as you have them now. You can sign them this evening. But I want to just make sure that the applicant's okay with that or if they'd like another shot to look at that before you actually sign it. So, if you can give me just a minute. Rohm: Fair enough. Hood: Mr. Chair, I did get a chance to talk to the applicant and they would prefer that those amended findings be approved this evening if the Commission is also agreeable to doing that. So, what will happen is Bill or the clerk can add that -- I believe it was 1.9 to Exhibit B, just stating the hours of operation shall be limited to -- from 5:00 a.m. to 11:00 p.m. as noted. Rohm: Okay. Fair enough. All right. With that being said, then, at this time I'd like to open the -- or I guess do we open -- Baird: Move to approve. Rohm: Okay. Could I get a motion to approve the Findings of Facts and Conclusions of Law for CUP 07-015? Newton-Huckabay: So moved. O'Brien: Second. Rohm: It's been moved and seconded to approve the Findings of Fact and Conclusions of Law for approval of CUP 07-015. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: THREE AYES. TWO ABSENT. Rohm: Thank you, folks, for coming in. And before we adjourn Caleb has some things that he wanted to discuss with the Commission, so at this time, Caleb, the mike is yours. ~,, 7t ~`~ C .,,'~y,~~ r»rzt c > . ~. ~~rtr~~~~~~ ~.5~ i o-i. ~ y •j ~ 'fib "F; „ ~ fr ~• L~ ~-r ~~`F`' ~ «'-.,~ ~ ~,.~kti''~P1, .4 ,~•~~~ • ,:,, .. ~- ~.~: r ~s~', s~ ~4. < ~ ~ t ~ '~. ~~~w~~ t "; N , -.v ~~ ~, ~ `. r t;~~'-~ ,..r~; .~ f ~ H r ' }~~ ~. 1 ~Pt Grp ~k. ~; '~ l ~ ,-1X ~S ; _ i .1'; «f Y r ~!.!^ ~ r ~lE ,, I, ,.y- E.-,rnmy " ~y:=' 1 ® ~ ~,a - Meridian Planning & Zoning August 2, 2007 ,z .,. Page 19 of 21 ,, Hood: Thank you, Mr. Chairman. For those of you that are here this evening, I just j wanted to let you know Amanda put in her notice earlier this week, so you will probably _ - not even see her around. Her last day is going to be next Friday, so we will be - searching for a new planner. I believe the advertisement has already been posted _ ,;~~ through HR. A couple of other things that I did want some input from you three on anyways are future workshop discussions if we have some more upcoming agendas that are similar to this one and we have some time and there are some topics of g .r„ 4:i `.,, interest, I can recruit some folks to give some presentations. Commissioner Rohm v~ "„~: ~ .'~ ~' mentioned one or two ideas earlier today when I mentioned it to him that I would like to !~~ ~ talk to you all about it some more. So, similar to what Diane did here, what, six weeks ago or whenever she came and gave that presentation. If there is anything else, if you `{ ~ . ' want to give me either a person that you would like to hear from on a specific topic or ' "'~ `'"~' just a specific topic and I can see if I can hunt someone down to do a 15 or 20, 30 ~~. ~ minute presentation either before an agenda or at the end of an agenda or anything like r that. So, you can think about it, you don't have to give me names now or topics now, -. ~ " ~ but if you want to think about that, I'd like to make that a fairly regular occurrence if we - ~A ~ ~' have agendas again like tonight that make it worth your time to come out here and have ~~ '` development projects, as well as furthering education experience and just kind of what's - "~ ~~ going on out there. One of the things I was at actually this week was a CPTED ' > ~ conference, which is Crime Prevention through Environmental Design. There is some ...:: _ ~` concepts to that that I -- I'm not comfortable giving a presentation on, but I know Lieutenant Bob Stowe has been through the actual CPTED school and may be r ~ ~ available to give you some of those things. Commissioner O'Brien, your comments this ~~~- k~~~.. =~` evening on the Anytime Fitness, you know, some of those things that they look for in ~H .~.r,. ~;; CPTED are eyes on areas, not creating hiding spots, making the front entrances very ~~ ,~~ well defined so people know how to get in the building, you know, not creating -- you . {' know, trimming up your trees to have a six to nine foot canopy so there aren't hiding :.: "~„ ~; places there and your shrubs lower than three feet, things like that to look for in site t ~~ plans. Security systems are also something that are talked about. California requires ~;~ ~ - certain security systems for different developments and they actually do awalk-through ~:~. „ ~ _ inspection with the police to make sure these systems -- so, that could be a quick ~~ ~ ~ presentation, just -- a lot of it is common sense stuff, quite honestly. They talk about %' ' - ~ ~ defensible space and things like that and how you can -- you know, just by site design ~:. ~ ' can, basically, design out crime. In fact, that's what the Europeans call it is designing r..` ~ ~j out crime, DOCA is their acronym. But, anyway, so I thought maybe that would be a " good 15, 20 minute presentation, again, just common sense stuff, but it's things like that -° _ you can look at an elevation and go, whoa, your door is recessed and someone could _ ~' ~: :, ,~ ~` , sneak in there, hide by the door, and put a gun to your head and no one would ever ~,.~: ~~.,., see, because your entrance is so recessed. So, that was just one idea I had. The other "" _ thing to think about and it may seem like it s a long ways off, but the holidays are ~" ~' s~ coming up. I know I talked to Commissioner Newton-Huckabay here either right around ~.. -~~ ~~ " ~~ =' the holidays last time, but our holiday schedule -- right now we are scheduled to have a _ -. - ~ meeting on November 15th, which is still a week plus away from Thanksgiving. So, that `y ~ ' ~ ~~ ~ one I didn't think there would be any conflicts. We lucked out because the 1st and the ~. a, 15th are your hearings in November, so I don't think there should be any conflicts there. ~. ,~ ~ ''~ _ ` .,~~rr, ~ December, though, it's 12/6 and 12/20, so it would be the Thursday before Christmas on y ,; '~ '~ ~f z <'~ ~ T ' _' ,r, g ^~ A _ l~x J: ~ .. ~Y - 'l v'^ ' .i t ~!- ~ ~ -. 7 ). ,~ ~. .. { f L y ~'`t~ktr ` '~"~5~^ x~ ~ " ' ~y.'~t}„~) '~~~?_ ' ~ { .~" Y~ k~ -" a s ~rf~r i,~cr3..ya+',~ ~ ~x' ~ ~n ? ~, y~ 3' ' ~ yl:y~~~[~~~~ !N ^:ti ~ k~~~. )~Ei` t rs ~9~~i `~j.l 4y~' i~a N ~~~ ~: ~"~p'rLz~C `' ~ ., ... i ry .,q.3r " i ~ -r ~~ , ~' , j ~~,~ ,..~ i 3lik'§i"/Y~'~ f y Sti,~.~d 7%~; k7r 1 .f' Sri. z } Y _F;~`~ d~n'y?"4 ;" eA t f ~~ ~ .Hj. "~ t }rd~ 3.+xt'.7;~, ',- z ~~1 0 - fy ~ r t~~y ~~ ~~~~ .. r ~, ,~:. ~ ''~ ~ ~ " R iY , e h .. ~s "~S"j.' ~.`,. ry 2 k ~±~s7Fy+ty 'his ;F~~, ~ y~ ~ .~. ~.~ '~E~~'f~! < 1~ ~ i ~ ~~ ~ ~ i ~ ( i. Fs' ~~~ ,~ ( v~ _ - Sl S r yvl 6E 3 ~ ~ V- i 2 r ~s i~ ~ .k a '~ , .: s~ ,E~k7G {r'`E''11 .,. r t'4~ ~ ~ i ~r 7i,y"~7/'?,i+~ ~. ..a6 #-~.~r1} r; t t M SnF ,,,~ A,~ i.~k ,,yam V ~ ,r ,:;. - r~'{~ qc e, ,+P ~ k a s-'~~Y' o- ~ ~~ .,t$ 7th!` `- s'~ r ~ ~ _°. -. K r y,i A" 1`~.~ci a~ y ,fit .Sv t~}1 h#. ~ 1~;r, ! l.Ha ~JX. "y ~t,~ J Y~ t ~ t~ Au ~.' z ' J t s.y .' _,.p.,, '~ S'~°+~i4 i t~ { }bb~~.~ '~{ t ~h?'~d'~h-~ .h1 >~' ?~ iY~a r+~S~ 1, '~~ n, ~.. - +Vt~ r' _ - i ~}, " G~ ~rs ~f ~ T'¢~~'+ ~1F ~, 1 - Y } t9k 5'~~~bsT '*s ~. ., I _ ~I.~ r ^ - ,. ~x~ $ttb5'r ~ 1' 1 ) L ~' ~ ~rt'`f "k C~' ~x4~,s et~;` 'r1` ~ f:ifZ F K.,4 _ 'r _.F. a}i ~~.a~ ~"t~ i.j ~t~k~~r~rt~'`~ `z{4` e;' 1x~ ~"'`~ ~ s ~{',?rs7~s~' .~. ~~~ UYyt a ~3~ai~~~ i ~q!! W a ,Ai',f ~ '. a _ ~ j y s4 y':. "G~.-5 3 i ,.. _ - ~'': ~ ~ ' t:. ~t `Y~' ~-~ ~~ ~ ~.~, .'~''A ~ - ~, ® • Meridian Planning & Zoning August 2, 2007 Page 20 of 21 the Tuesday I believe it is. So, I don't know if you -- if we are getting too many that are talking about going on vacation, you know, Thursday or before Christmas on the -- on a lowin Tuesda ,let me know and we can either do back to back, if that's what you fol g Y ~ prefer, or do a meeting on the 6th of December and the 13th of December or work st cancel the one and try to get everything on -- or u t we can somethin else out. Bu 1 9 one meeting in December if that's what you want to do. But just, again, something to .~~~ ~ d to schedule our vacations and time with family and kind of think about as you get rea y Y things like that, to remember that. And I guess maybe the other one that may be a conflict, although it's generally not as big of a conflict -- the first Thursday in January is on the 3rd. So, I don't know -- again, depending on what you all have planned for staying in town or being available. Just to throw them out there. So, I'm not changing anything unless we get conflicts, but if you can look at your calendars and kind of talk with your families about what you're thinking about doing for vacation time, I'd sure appreciate it, so we can make sure we have quorums for meetings, so -- F ~ Newton-Huckabay: I do know -- first off, Caleb, thanks for bringing that up early, ~T :. because I know we hit last year at this time, it was like ah. I will be out of town the first ~ ~~' week of October and the last week of October, so I will likely miss the October -- the first October meeting and the first November meeting. My travel schedule will wrap up in the fall generally. ~~, Hood: And I remember you mentioning that earlier this year, too, so -- but as far as the holiday ones, you're not -- because the October ones -- we have the cut off this -- the ~ ,,. 15th of this month for the October hearings. So, we will see what we get as far as a '` ~ cutoff. We may be able to do -- you know, if we only have three or four applications, we may only need to have one meeting and do it on the first meeting in October, so -- what you said, you're gone the --did you say the first meeting? I -- ~;;; ~', r: Newton-Huckabay: My PDA broke, so I don't have it with me. But I believe I will e gone the first week of October and the last -- and, then, I leave like the 30th of October and I won't be back until like the 4th of November. ~; r,94 Hood: Okay. So, the first meeting in October, the first meeting in November. ~ , k ~ Newton-Huckabay: First meeting in November. ~,.,,, i...:_ Hood: Okay. ~ .., ~ Hood: So, I was more looking at the holidays, but I can definitely write those down, too, that you're already planning on being gone and if we get conflicts we can either ~'::~ reschedule something in November, like I said, maybe even -- s; _' ~ Newton-Huckabay: Yeah. I don't anticipate being gone over the holidays myself, ~~`~ unless I win the lottery. E, <` ~. :,. ~r n ~K~; ~. Lf4 J~ ~, 84 F.:~ T i. ~ ~ S w gg ~~~~'~ ~ ~~ ° ~ Y'C;. ` ~~'~~ ~. is r~ ~, `4. yy { 1 lh ~~ ~3 L S;:'y+ i ri' s ~ s~+,.y3{ gq ~ `~ kk '~ ~~ ~ Y r. ;A J i' _ _ 1 0. t r ~lz ,~;~. ~~~„; ~~~ ,; .,~: `h X;~S ,s~="~" S~ qS v~ t~.; e ~ Meridian Planning & Zoning August 2, 2007 Page 21 of 21 Hood: That was it. And if anyone does, you know, in the next couple of meetings, anyways, or you can shoot me an a-mail anytime or call me anytime or whatever, if you're thinking about it, so -- Rohm: You know, back to that -- the earlier subject of presentations, I wouldn't mind having Shaun Wardle come in and give us his current status on the economic development. I'd like to hear what he has to say. Hood: Yeah. And I can let you know the Waltman project that was tonight that was continued to October 4th or whatever, the last time I talked to him he was planning on being at that meeting. So, that would be a great opportunity for him to present something before the Public Hearing and, then, just stay for that -- that item on the agenda. So, I will ask him if -- Rohm: Perfect. Hood: -- he can maybe attend that one. Rohm: That's on this afternoon, so -- I think Shaun will do a real good job in that. Okay. Could I get a motion to adjourn? O'Brien: Motion to adjourn. Rohm: Second. All those in favor say aye. MOTION CARRIED: THREE AYES. TWO ABSENT. Rohm: We are out of here. MEETING ADJOURNED AT 8:05 P.M. (TAPE ON FILE F THESE PROCEEDINGS.) APPR~VE[j~~ ~ V DATE APPR - ~=,, ~~''~'° MIC AEL E. ROHM -CHAIRMAN \\,, ~ ~~`ra~,`` a ATTESTE e "~ LIAM G. BERG JF~., C TY ~, %,, -~~ >~; ~ ~ MERIDIAN PLANNING 8~ ZONING MEETING AUgUSt 2, 2007 APPLICANT ITEM NO. 3-A REQUEST Approve Minutes of June 21, 2007 Planning and Zoning Commission Special Meeting: AGENCY COMMENTS CITY CLERK: d~ CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ' CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: ~ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. .,:;,.;: R= {~~ ,~ .,: -~ -' ~..` n~~f. >~.,., ~: r ,; a ar Ott` ~^ ~~ hyys k'; ~~ x s ~~ ;s, ..~ tt :>: j ,.: '; s'~is „;.: ~1 j?v Ffz"` ,;~ ,; .. ~.~.<; F ,x. aa~?, ,;, :~,., r ~L+P Y s7~ 1. h. „i fit- MERIDIAN PLANNING 8~ ZONING MEETING AUgUSt 2, 2007 APPLICANT ITEM NO. 3' B REQUEST Approve Minutes of July 5, 2007 Planning and Zoning Commission Meeting: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS 8~a-~o~ ,, ~~. 4`'Fr, ~'3~b.+AS; =;''iC _', ;R ? ;' ,: ~.~' •- i4 (~ ~ ~-~ ~.)'I~_5 s.'.,. ^. k 3,}; 3r ~~" 1 '~"..}: .. k~;s ~;. ~:: ;~~:;: ;;;: ~~. e • July 30, 2007 MCU 07-004 MERIDIAN PLANNING & ZONING MEETING AUgUSt 2, 2007 APPLICANT Erstad Architects ITEM NO. 3-C REQUEST Findings of Fact and Conclusions of Law for Approval -Modification of the existing Conditional Use Permit to allow a 15,620 square foot office /retail building for Freedom Storage - 943 W. Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Findings RNEY ~ ~i~O CITY ATTO CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: 3 / ~ Phone: 33~ " 7~ 3,~, Emailed: ~,C~~ ~Tc~,~.(a ~Q~`~-G~~C~~'~.~St ff Initials: ~, S. CoM Materials presented at public meetings shall become property of the City of Meridian. ® • ~~ JUL 3 0 2007 ~ r .~, Clty Of Meridla~ ,~" ' ~'~' ,~~:. ~it3- Clerk Office i, ` ~ ~ ~-` ,: ~ I =m CITY OF MERIDIAN ~'~~~ ~`~ ~~'~ FINDINGS OF FACT, CONCLUSIONS OF ~ «:~~ a~ I ~' ''~: ~`~ LAW AND DECISION & ORDER ~ ,~` i ~~: In the Matter of a Conditional Use Permit for an 15,620 square-foot office /retail building in the C-G District for Freedom Storage, by Erstad Architects Case No(s): MCU-07-004 Planning & Zoning Commission Hearing Date: July 19, 2007 Findings for the Planning & Zoning Regular Meeting of: August 2, 2007 `'' :~ ,,. A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 19, 2007, incorporated ' ~ ~. by reference) - ~ 2. Process Facts (see attached Staff Report for the hearing date of July 19, 2007, incorporated E', by reference) ~~ ~* - 3. Application and Property Facts (see attached Staff Report for the hearing date of July 19, 2007, incorporated by reference) '. ~~ ~ 4. Required Findings per the Unified Development Code (see attached Staff Report for the ~K hearing date of July 19, 2007, incorporated by reference) E ~~ ' ~:; , ~` 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). i 2. The Meridian City Council takes judicial notice of its Unified Development Code codified °s ~ ` ~~ at Title 11, Meridian City Code, and all current zoning maps thereof. The City of Meridian ,~~~ by ordinance, established the Impact Area and the Amended Comprehensive Plan of has ~ ~~".~ , the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and ~, a~.~r,j . Maps. ~r ,~~~ ~. ~ , I ~ ; ,;i 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § ,, ,.: ~~~ ~ 11-SA. ~ ~ 4~, .. rF CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). MCU-07-004 PAGE 1 of 4 ~, .., '. ~ ~ . x~. i ~} ~ ~``'v ~~~~ ~~ ~£ ~ ~ ~i Y ~y ~ i''-fit', ~ - i'yR(~ -. ~~ , ,{ aka ~', ~ ~ w, ~~ n,Fl' f: V ~ ~. y ~ ~r+. „ ff 'jA 5 ~F} M,' v _- - f t'S. _ r `.~a, - ~~.~ ~: Y.. d~ ~-~.'c.FY Nh ~yP.~.~ b 4ry;l - { Yi i '~ : .~ ~ np ~4'~+~ fi -- ~.~ti ~~ v k t~ y ~~ r r qYy~~ Yp ~j. ~l~ ~'. ~ gay ~ ` ~~~ Yi . , t.. j ~~ ~ J °' ~ ; r 1 _ ?Lq1~ kry 4 }l~ ' f r't~ ~ ~ k i - - - } T t '-~~ F T'G Y ~ ~ ~..~ ~ } F t 3t 1 '+~t1 r t v 3 ,..~. i t (z~' ~~,~ y y Y } ~ ® • r: - ~ =, m 4. Due consideration has been given to the comment(s) received from the government ~'~ subdivisions providing services in the City of Meridian planning jurisdiction. €, ~~. ~ 5. It is found public facilities and services required by the proposed development will not ~? ~ impose expense upon the public if the attached conditions of approval are imposed. ~~" I 6. That the City has granted an order of approval in accordance with this Decision, which A i shall be signed by the Commission Chair and City Clerk and then a copy served by the ~' Clerk upon the Applicant, the Planning Department, the Public Works Department, and ~~. ~; ~ any affected party requesting notice. w; ~b ~ ~ 7. That this approval is subject to the Site Plan and the Conditions of Approval in the `~ attached Staff Report for the hearing date of July 19, 2007, incorporated by reference. The e;. ~; conditions are concluded to be reasonable and the Applicant shall meet such requirements ~s: ~T as a condition of approval of the application. A`~ C. Decision and Order F ; Pursuant to the Planning & Zoning Commission'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: -:. ~:: ~'. 4 1. The Applicant's Site Plan, as evidenced by having submitted the Site Plan, labeled sheet '~ : A1.11 and updated July 17, 2007, is hereby conditionally approved; ~~_ ;- 2. The Applicant's Landscape Plan, as evidenced by having submitted the Landscape Plan, dated 6/7/2007, is hereby conditionally approved; 6 3. The Applicant's Elevations, as evidenced by having submitted the Elevations, labeled ~~ ~~ sheet a3.11 and dated 6/7/2007, are hereby conditionally approved; 4. Sanitary sewer service to this development shall be via extension of mains to the Black Cat ~~~'~~ Trunk via Stoddard Road; 5. If necessitated during the construction process, any trees located within the existing ~, ~~ landscape buffers shall be relocated within the same buffer as opposed to removed from the site; 'f>;i :~ 6. Any additional right-of--way along Overland shall be landscaped with grass or other vegetative groundcover, as allowed by ACHD; 7. The required turnaround for the fire department shall utilize grass Crete within the landscape buffer, as depicted on the revised site plan presented at the hearing. Provide Staff with an updated landscape plan with submittal of a Certificate of Zoning Compliance; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). MCU-07-004 PAGE 2 of 4 r"<~'~,,i~ ~ ~ , t `:~ " ~ , ~ i S ~ l{ ,~~ d ~ti r 7~~q~~ r ~ y ~ ~ uro ~>...~,, ~ F x .M 2j ~ r~i~. v ,ia + ~}. M P" ,ML'h. F vY ' } '- ~ r5 ~ ~;~. r ~ r~~~r@ ~ r ~,~~`~~ gk t 1' r i =,A x~zy ~k j ~ ~; ~ ~ ~t '~.Yi ~ ,fit .5x ', rc ~~ Y ~~~ ~ tia by .~ t r `A C ~~i~ ~~ ~ J '~ ~.m a ~ " "` ~ ; ,~wy , ~``.. ~ ;1~ ii~: ' ~ G~ z bT~v, ~K t . vr~ ~' .-rf~ 8. Provide Staff with a letter from the neighbor to the west stating agreement with the I proposed changes to the landscape buffer prior to issuance of a Certificate of Zoning Compliance; and ~~ ~. 9. The site specific and standard conditions of approval are as shown in the attached Staff ;~; Report for the hearing date of July 19, 2007, incorporated by reference. ~ a'; 1 D. Notice of Applicable Time Limits (as applicable) 1. 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 may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code, Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. 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. . ,> ':s fi ~•~ h' 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 19, 2007. ~ 1 11~ ~ ~ ~ I i i I i~ t "t ,~~ I r iY ~.~n,'r~v 1 f aO~e ~" ~: :% ~I ~ 9 i 45i ~ {'e :39'7 .i.33 ~ ~'Y,~:, ^ ~„ § all ~'~.~: 1 xv I ~ j Y Yf~r Xi' ~. .~Y~', i,. f i ,~.,~ .+• e. 1 ;.p~ gi f _ F 3 ~s..~~ x S ; § k^~~ ! i .~f:~~ I ~'~ ~~,'x { ° '~",.:~'., • :~>)S`*~zx7~~';t~;~i«.:x.'` '•._ ~ f ~« ry' ~ i F~` ~ `:rTyY.t~ .$' •'~'y III. ~ 3 i f%' ..Y I f ~~ ~ ,S .dr`~I«Ft°' fi5 is'4{,,A ~~~. . ~t k , ~;°. ir.:y'~: .. ~:SL'~...;i }iR.~ h f ~~w ~ ~ ,.Y}~i !µ (F. ,''~`~~..,t:'i>`. ~~':'(~.%~,. i x~ 6;e;:js~a'~.' • ~o~`~h1rr t ~ ~l+ ~~'~ t r"" ' ~-;w"'~ ~a ~tn t,~ ~~~F ,s f:. ~,, I "~:.. yr~:: • ' ~` .. y ?: .' ~ . ' "t~* ,. .-_. .« • ..±'~:• E. '1' r y ¢'s a, .,~;~~.zu ~. gal:', u Y~'a"R.r~Y .n s>~`^>', '`-~' i h ~ ~p a e ~ ~~'~e~ ~ ~ - x ~'"~P? M1 y~?;^tl -:~ ~. ~'n? • i~ . :' ,'~ F ~ i f I ~ .~ ., :,, Ili « F .;r # ~ 1111 [ ~, ` 'M1I~•~1, , ,~~u.'. ' •;;; i <t. ".t'~' .~' `~~ . ~ A ~ ~ 4' max-: '..}-. '.:, r 6*- ~ i<}. f i '. s :.r l . ... I r r 1, .. . "I' ~" .. ,1 >%Yi• ~~i: vr~i~ 13 r ~ ~~.:~ 1 .ri i 3 '4~Tx •d~:~ i~( j5'1S~}j~~ is::~i .., ..f •'~. .r•+~ Yn;~t•. ~.4, 1 3§ ~, ~ .~i<f ~ ~ i~~ i ~ ~. `{ r : t iRrca r'1"~3~!' ~ R''~'3ka~ ~? r •~'ismi a tt t ~ 1- By action of the Planning & Zoning Commission at its regular meeting held on the ~~ day of ~ , 2007. COMMISSIONER MICHAEL ROHM (CHAIR) COMMISSIONER DAVID MOE COMMISSIONER WENDY NEWTON-HUCKABAY VOTED VOTED, VOTED COMMISSIONER TOM O'BRIEN VOTED COMMISSIONER STEVE SIDDOWAY VOTED Qk~S~.'k°' CHAIRMAN CHAEL ROHM Attest: `,~~ ~°~~ ~ %, ~ ~i a sg' v ~® ara Green, Deputy Citg Cl lt, ~~ Copy served upon Applicant, `~`M~~~F+Ing Department, Public Works Department, and City Attorney. By: ~ `~/~ Dated: ~ - ~ CJ ~/ City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). MCU-07-004 PAGE 4 of 4 ra5:. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 19, 2007 STAFF REPORT Hearing Date: July 19, 2007 ~ ~ _,~ w n ' u y '!~~' ~,~. r ~;~ ~~. r~r• ,~,a- ~~ l1~ '~ ~ i ---,. ' 'TO; Planning & Zoning Commission ,a,r ~ w,,, ~~~ `~ FROM: Amanda Hess, Associate City Planner !, io:~+~~ ! (208) 884-5533 ~ ` - `:~ T _ ~ F1 ~~71P ~dFi ~t ~~ ~+~ry~ SUBJECT: Freedom Storage Center _ ! 2 ~. • MCU-07-004 Modification of the existing Planned Development /Conditional Use Permit (CUP-04-017) for Freedom Storage Center (formerly Stow-It Storage) to allow a 15,620 square-foot office /retail building, by Erstad Architects i 4 ~yi `. ~;~' 1. SiTNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST 'The Applicant, Erstad Architects, is requesting to modify the existing Conditional Use Permit (CUP-04- 017) to allow for asingle-story, 15,620 square-foot office /retail building. Additionally, the Applicant proposes to turn 3,000 square feet of existing storage located behind the proposed office /retail building into shipping /receiving space. In 2004, the subject property was approved for 3,200 square feet of office /retail space, a 1,600 square- foot caretaker's unit, and 28,130 square feet of conditioned storage on the northwest corner of the property. The remaining property was to house storage space totaling 122,550 square feet. The total site is currently zoned C-G, contains approximately 13.5 acres, and is located at the southwest corner of W. Overland Road and S. Stoddard Road in Section 24, Township 3 North, Range 1 West, B.M. The subject property is within the City's Area of Impact and the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested Conditional Use Permit Modification (MCU) application below. Staff recommends approval of MCU-07-004 for Freedom Storage Center, as presented in the Staff Report for the hearing date of July 19, 2007, and based on the Findings of Fact as listed in Exhibit C. The Meridian Planning and Zoning Commission heard this item on July 19, 2007 At the public hearing they approved the subject MCU request. a Summary of Commission Public Hearing: i. In favor Andy Erstad (Applicant's Representative) ii. In opposition: None iii. Commenting None iv. Staff presenting application: Amanda Hess v. Other Staff commenting on application: Caleb Hood b. Key Issues of Discussion by Commission: i. The provision of an emergency turnaround within the west parking lot; ii. That the Applicant is seeking LEED certification for the proposed building; iii. The types of building_materials proposed; iv. Retaining existing landscaping during the construction process if possible• and v. Landscaping any additional ri t-of--way along Overland if necessary and allowed by ACRD. Freedom Storage Center -MCU-07-004 Page 1 X ~' ~~ r, ~''; ', .. ,x:;~~ _ , s t s ~, ~~,~ b r..: t. 4!`x.4 '1~'. lf~ ~~ { ' +~ ~'- r{ 4t rr~.~ a f ' k~y~ , :~t ' Fw ~~F~. ,_ ~~,i r ~ , ~ !^r~5 ' d M.. ~ ~4 ~ ~,~. ~~~ ~ ~: ~~~~yy ~,~y W ~ J ,1 '~a ~ ~.' r i.~ ~ _~ 4 ~ N a ~ f - ` ~ ~ }t ~t• ~~ {l ~, Za ~7 ~~. f a i ~ A C_~ hh~1 f 2 + J~k ~ 4~~ ~ ~ ~ ~' o1 1' ` r ~- ~r .~, ~ _ y .: fL ~~ 4 1 r ~' ~3n { Cam` :~ H '~~ ~.,h'SH 7q~ w ~ U.` Y ~ esfj "C+a~ 5 µ ~ ~- i '~;:, _.: ~, ~. ...~~; +~ ~.a~ . Y;r~: :: I. u .rexti~ r, v~7 ~_ ,, ~.. ~~~~; '' ;w' ~~ v ~,,,;: e ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 c. Key Commission Changes to Staff Recommendation: i. To change the requirement for sewer to connect at the Hardin Drain to read the sewer shall connect along Stoddard Road to the lift station (Public Works Condition 2.1); ii. The rewired turnaround for the fire department will utilize crass Crete as depicted on the revised site plan presented at the hearing; iii. If necessitated during the construction~rocess any trees located within the existing landscape buffers shall be relocated within the same buffer as opposed to removed from the site; iv. Provide Staff with a letter from the neighbor to the west stating agreement with the proposed changes to the landscape buffer~rior to issuance of a Certificate of Zoning Compliance; and v. AnY additional ri t of way along Overland shall be landscaped with grass or other vegetative groundcover as allowed by ACHD. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MCU- 07-004, as presented during the hearing on July 19, 2007, with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct Planning Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on August 2, 2007. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MCU-07- 002, as presented during the hearing of July 19, 2007. (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 August 2, 2007. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number MCU-07-004 to (insert continued hearing date here) for the following reason(s): (state specific reason(s) for continuance). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 943 West Overland Road Meridian, ID 83642 SWC of W. Overland and S. Stoddard in Section 6, T3N, R1W, B.M. b. Owner: Mark Gilbreath 943 West Overland Road Meridian, ID 83702 c. Applicant: Andrew Erstad Erstad Architects Freedom Storage Center -MCU-07-004 Page 2 J,; '- ,, ., CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 19, 2007 420 Main Street, Suite 202 Boise, ID 83702 d. Applicant's Representative: Andrew Erstad (Applicant's Representative) e. Present Zoning: C-G (General Retail & Service Commercial) £ Present Comprehensive Plan Designation: Mixed Use -Neighborhood (MU-N) g. Description of Applicant's Request: The Applicant, Fairview Lakes, LLC, is requesting to modify the existing Conditional Use Permit (CUP-04-017) to allow for asingle-story, 15,620 square-foot office /retail building. Additionally, they propose to turn 3,000 square feet of existing storage located behind the proposed office /retail building into shipping /receiving space. "~"`~ `i 3, ~: 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-SA-2D, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: July 2, 2007; July 16, 2007 c. Radius notices mailed to properties within 300 feet on: June 22, 2007 d. Applicant posted notice on site by: July 9, 2007 6. LAND USE a. Existing Land Use(s): Mini-storage and associated office uses b. Description of Character of Surrounding Area: Residential properties within Ada County, generally located to the south and east. The property to the east (across Stoddard Road) is in the development process as Queensland Acres Commercial. c. Adjacent Land Use and Zoning: 1. North: DBSUWestern Electronics/Intermountain Hospital, zoned I-L 2. East: Vacant commercial pad sites; Bear Creek Subdivision, zoned R-4; Queenland Acres Subdivision, currently zoned RUT and Rl (Ada County) 3. South: Idaho Power Substation, zoned RUT (Ada County) 4. West: Rural Residential /Agricultural, zoned RUT and Rl (Ada County) d. History of Previous Actions Pertaining to this Site: In 2003, the City reviewed an annexation application (AZ-03-002) and a CUP application (CUP- 03-001) for a contractor's yard and amini-storage facility for the subject property. Those applications were denied by the City Council because the proposed contractor's yard was not compatible with the surrounding area. Also, the layout of the mini-storage facility was not consistent with what the City envisioned for this area on the Comprehensive Plan. In 2004, Lyons Development, LLC, was granted Annexation and Zoning (AZ-04-013), and Conditional Use Permit (CUP-04-017) approval for a Planned Development on 13.5 acres which allowed 9mini-storage buildings containing 122,550 square feet of storage space (including 28 boat / RV storage spaces), a 3,200 square-foot office /retail building, a 1,600 square-foot caretaker's apartment, and an indoor storage building totaling 28,130 square feet. Also approved with the aforementioned CUP, was a future plan to construct 27,265 square feet of office /retail Freedom Storage Center - MCU-07-004 Page 3 ~ ~'~," ~ ~ ay; ~ : 4 } v f _ Y a3~ .,F,~ ~~, ;!' ? 3II~. y;~ µ~f ~ ,5 ~., ~ .~ ) ~ `"} ~.1 y..4~;-, 5 - ~` t Fl ~': `- ' ~ ~~'~ Y tS G~ ft Ys_ X; r ~~ ~; ~,~~#,x ,s t ~~ rx: Y Y. t ~~~ ?J~ ~_ t iF q-~' ... .. ~. l ~;:.:. r'h '. ~ F( ~ ~' i"..1'. { 'j ~ 'h~ ~~ S' S ti , W ~ 7~ Y °~ ~Cxs ~M• ~ ~~ ~'. ~f'~}~ x , ~'~X ~~i~~,t ~, is I s i i~ f -: .~ ~i ® • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 w space at the northeast comer of the property. Said 2.5-acre portion has not yet obtained detailed construction approval. ~ At the time of annexation, the existing apartment /caretakers unit was not principally permitted in the C-G zone. Because of this, the Applicant requested that the use be approved with the PD / CUP as an accessory use. Now that the caretaker's unit will be eliminated, all use of the site conforms to that allowed within a C-G zone. Staff is supportive of the removal of a caretaker's unit on this site. It is on the part of the site which was to house the 3,200 square-foot office /caretaker's unit and indoor storage building that the subject building is proposed to be constructed. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: The Applicant shall conform to the City's facility plan (see AZ-04- 013). The arrangement for a septic system connection for the proposed office/apartment use is temporary and shall be abandoned, and connection made to City sewer, once the sewer is within 300 feet of the subject property. The Applicant shall coordinate the design and location of "dry line" sewer line(s) to be installed to facilitate the future connection to City sewer. The Applicant shall coordinate with the Public Works Department, the provisions for any required sewer easements adjacent to the Hardin Drain. Location of water: W. Overland Road Issues or concerns: None 2. Vegetation: Existing landscaping constructed with the mini-storage units and office space 3. Floodplain: N/A 4. Canals /Ditches /Irrigation: There is a large irrigation ditch which runs along the south property boundary (other side of the storage complex) 5. Hazards: N/A f. Conditional Use Information: 1. Non-residential square footage: 15,620 sq. ft. 2. Hours of Operation: 8:00 a.m. to 6:00 p.m. (Mon -Sat); 12:00 p.m. to 4:00 p.m. (Sun) r; ~~ ~.. `, g. Landscaping: 1. Width of street buffer(s): 25 feet (minimum) along Overland Road. 2. Width of buffer(s) between land uses: 25 feet to residential uses 3. Percentage of site as open space: N/A 4. Other landscaping standards: UDC 11-3B-8 requires landscaping within and around parking lots. The landscaping standards for parking lots will be applied as part of the issuance of a Certificate of Zoning Compliance. g. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the site is provided directly from W. Overland Road via an existing shared driveway with the storage facility. No new access points are proposed or approved with this application. Freedom Storage Center - MCU-07-004 Page 4 i ~. + h5 ~Y~*~'ti x~,s~# ~ t t, A y ti . t r ~ y~ cY'~' ~ ~`~~ '.3 M $ ~~ t l i ~.(7 h5}I~en 3 ~:~ ~. i ~ : y :~ r 3+ ~ ,~ ~~ ~ ~ v~ ~ Jt fY A :~~ r ?. ~. ~ i~-Ci_ c ~ ~ i~ a 5 :~~'aLr x r~.f' ~~~~ ~ i ~ Sa J x ~ f 1 ~,. `f ~q, WW , x"x ;q, ~ b r~~J~ a ,,. ~j f1 ll F ~~jj .~. ~- x.1.5 [, l ,~` ~ ~`~ `ku ~ _ F ri~H.2 ? ~ ~F f ~~ ht L ,fc c t-', ~r Lip ;x ~- ... ;~., ".; ® • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 Iii ~~~ 7. COMMENTS MEETING i ~~-~ - ~. `~' On June 29, 2007, a joint agency and departments meeting was held with service providers in this :-~~ i ' ~ ` ~ area. The agencies and departments present included: Meridian Fire Department, Meridian Public i Services Com an .Staff has a, t and the Sanit p Y men Works Department, Menchan Police Depart ary `~I included comments, conditions, and recommended actions in Exhibit B below. :~ ~:: =~.; ~ .•..v ~> ~:; 8. COMPREHENSIVE PLAN POLICIES AND GOALS ~', The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Neighborhood." Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub-categories. Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility. The following standards apply to the MU-N category: 1) Up to ten (10) acres may be non-residential uses, and 2) Up to 100,000 square feet ofnon-residential building area is allowed. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (Staff analysis in italics): • Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City (Chapter N, Goal I, Objective A, Action Item 6) Sanitary sewer and water are currently available to this site. Additionally, all other urban services are also provided to serve this development. • Plan for a variety of commercial and retail opportunities within the Impact Area (Goal I, Objective B, Chapter VII, Page 109) Staff believes that the proposed use of the property already contributes to the variety of commercial uses within the impact area. In addition to the self-storage, the application a provides retail /office space. • Encourage compatible uses to minimise conflicts and maximize use of land (Goal N, Chapter VII, Page 112) Staff does, in fact, believe that the proposed uses, if designed, constructed and operated in accordance with adopted City ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The proposed building /use is consistent with the intended character of Queensland Acres to the east and is harmonious with the existing character of the "Industrial" zone to the north. The Applicant has provided adequate buffering of the existing and possible future residential subdivisions to the west. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the Applicant's development request is appropriate for this property. 9. ZONING ORDINANCE Freedom Storage Center - MCU-07-004 Page 5 ~~~ti ter- ? ~!'? .e. ~ < 4 ~ 5 t•+{ y. t ~ T+,°' f t {'~, ;ti {~ n ~~~ Y L ~~t y4~~, _ t~ ~ , >~ ; s.~l j5'~F,' l + ~T f ~ ~ `~' ~ w ay,~ k `' t Ytc~i~f +r ~~~ty. .~c:.. '1' i µ?.i r: ~ ~ . A; t {1 q 3~~~+ ~ ~ ~~ _ ,`y •yF x t ~~Z ~ 'T~ . K':. ., ~ Y.~' '{ `" f ~~ ~ '.~? , +y c r ~ J Z~.Y fy2 ~y~ {' - .1' ~~~ '4 - r ~a ` , s ~'' i i} t t~4:~r ~ ~~~~ ~~ ~ , .. .mow .. .. < _~; • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 a. Zoning Schedule of Use Control: UDC 11-2B-2 lists retail and office uses as Principally ' Permitted Uses in a C-G district, and storage facilities are Conditionally Permitted. See Specific j Use Standards listed in Chapter 4. b. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail ' and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. ,~ ~' 10. ANALYSIS y^` ~ a. Analysis of Facts Leading to Staff Recommendation: ti:: CUP: In 2004, Lyons Development, LLC, was granted Annexation and Zoning (AZ-04-013), and Conditional Use Permit (CUP-04-017) approval for a Planned Development on 13.5 acres ~~A which allowed 9mini-storage buildings containing 122,550 square feet o storage space ^" (including 28 boat / RV storage spaces), a 3,200 square-foot office building, and a 1,600 square- foot caretakers apartment, and an indoor storage building totaling 28,130 square feet. ~„ 600 s uare- oot caretakeY's apartment, and It is where said 3,200 square foot office building, 1, q f 28,000 square feet of indoor storage is shown that the Applicant is proposing to develop. As the new plan proposes approximately 15,600 square feet of primarily office space with parking, this prompts a modification to the CUP. ~' -'~~ Approximately 3/ of the proposed building will pertain to office uses; the new building will not ~~~~_~ ~ only house office space to serve the functions of the storage facility, but will also offer o ice ,;~^ - space for the public to rent, if so desired. Retail uses are ancillary to the storage facility and said ~F"` renters, in that goods provided will include shipping boxes and supplies, shipping and receiving ? ' services, and printing and copying services. Additionally, the building will house conference ~~ space for internal use and for rent; a wireless Internet cafe; and a studio where the public can ;: photograph merchandise in a professional setting (i.e. for sale on eBay). (See Exhibit B or ', proposed floor plan.) '-'' Immediatel located to the rear of the proposed building is an small indoor storage facility and ~~, office. The Applicant proposes that these structures will be converted to shipping and receiving space. ,' The Commission should note that, while not included with the subject application, the previous CUP also proposed a future plan to construct 27,265 square feet of retail /office space on 2.5 ~~ , acres of the site at the southwest corner of Stoddard and Overland (east of the proposed office / . ,. ~' retail building). Said 2.5-acre portion has not yet obtained detailed construction approval. ~ Access: Access to the site is provided directly from an existing access to/from W. Overland , ~~,~'~ ~" -''~' Road. This access will be shared with the existing storage facility as well as the future retail area p; ~ ~ to the east. No new access points are proposed or approved with this application. The ~' ~ Commission should note that ACRD is currently reconstructing Overland Road from Meridian Road to Linder Road. Overland Road will be constructed as a 5-lane street section with 5-foot -~ detached concrete sidewalks. Bicycle lanes will be provided on-street, as well. ki ~~ Parlang: While the Applicant's proposed parking plan is generally consistent with the , ' aforementioned UDC parking requirements, it is also not consistent with the concept approved ~ , _ ';;'r with CUP-04-017, another reason for the modification. a.P The Applicant proposes to construct 67 parking stalls for this use; 32 parking stalls are required 30 id ~~ , e; by Ordinance. The Applicant proposes 32, 90° parking stalls at 19 feet deep by 9 feet w Freedom Storage Center - MCU-07-004 Page 6 ti`r st. ~a ~ ,~ ( 5 ~~g ~ ~~~ ~]+ +i 1 i s ~+i he d. ~F~~. ~ 4 ~.`y~~y7~ly 3 ~F u ~~} Y ~ ~~~ r~r ~~ ~~ n« - .~ ~, t ~~` a ~ '~ ~ - ~~ ~. , ~~1 - ~ -C a _:~. y ~ ,~c~'~ ~.. Y "F µ N t 'h \~ S, ~~i ' it. ~ ' ~ i Ny. "~ ~ v k y~ r ~~ Y r +y J ~ 't~F ~~ d~ fi ~ , mss' ° ~ - ~'1Q 4 t-t ~/u{~~ '" fifi. k ~~ 4~ r~k'.. k ~~ ~ _ _ ;v -'t R L( w(`~ . 4 ~ N ~f lit r N)Y ~ -:1 ~ ~, t„ ® • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 19, 2007 '~ S'n~;a ':i yj 'y° 90° stalls at 17 feet deep by 9 feet wide; 5 pazallel pazking stalls at 9 feet deep by 24 feet wide, with 25-foot drive aisles. Additionally, UDC 11-3C-6G requires that one bicycle parking space be provided for every 25 vehicle pazking spaces. The Applicant should provide a minimum 2-pazk bicycle rack on this site. The Commission should note that the parking lot at the west property boundary ezceeds the length allowed by the Meridian Fire Department without the requirement for a turnaround. The Applicant should state at the public hearing how this issue is to be resolved and whether an approved fire-truck turnaround is required on-site. Landscaping: The Applicant proposes 0.42 acres (24%) of landscaping. The majority of the landscaping is provided in the form of landscape buffers adjacent to the proposed building. Staff is generally supportive of the proposed landscape plan prepazed by W & H Pacific, no label, and dated 6/7/07. The plan shall demonstrate compliance with the following standards: All landscaping adjacent to Overland Road should conform to the requirements of UDC 11-3B-7. All landscaping adjacent to residential uses should conform to the requirements of UDC 11-3B-9. Additionally, all parking lot landscaping should conform to the requirements of UDC 11-3B-8. Hours of Operation: The proposed hours of operation for the office /retail use aze from 8:00 a.m. to 6:00 p.m. on Monday to Saturday, and 12:00 p.m. to 4:00 p.m. on Sunday. Due to the surrounding land uses, the anticipated low impact of the users on this site, and the configuration of the building, Staff does not believe that restricting hours is appropriate on this site. Building Elevations: Elevations of the proposed building were submitted with this application and aze attached in Exhibit A-3 of this staff report. The Planned Development /CUP approved future office /retail elevations that were aesthetically similar to the storage building design and had a barn theme. The newly proposed elevation, while not similaz to the previously approved elevation, is unique in its own right. The Applicant seeks to obtain LEED (Leadership in Energy and Environmental Design) certification for the building. LEED is a "green building" rating system, developed by the U.S. Green Building Council ([JSGBC) and provides a suite of strict standazds for environmentally sustainable construction. The building will consist of cement boazd panels, comtgated metal, and concrete. The Applicant may also be providing a green roof on the building, as well as photovoltaic arrays to supplement the power requirements for the structure. Staff encourages such innovative design and strongly supports the Applicant's plan fora "green building." Further, Staff does not believe that the difference in architecture between the existing buildings and the proposed building will be detrimental to the azea. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and / or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and / or the use is established (UDC 11-SB-lA). To ensure that all of the provisions in the Development Agreement (see below) aze complied with, Staff will require that the Applicant obtain CZC approval from the Planning Department prior to site development, where all site and landscaping improvements must be installed prior to occupancy. Fencing: The Applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon Application of the Certificate of Zoning Compliance. If permanent fencing is not to be provided, temporary fencing to contain construction debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. Freedom Storage Center - MCU-07-004 Page 7 e~ - ~+ °r: ~yp~_` t z~;; TI~:-' 1 > ~ ~'. f w ~ „ id 4 ~~~ ~uy~",~i R _ ~' _ ~.. _ ~fT ~ ~ ~~.~ ~ r az '~ ~:.~ ~~ss ~ r'a`h ~f~ ' fi'. ,; ' -~ ~-Ai •J { S ~f~. r '.;~ ~~ ,. r ~. -~; *, } ~, .~ y ,; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). 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 used, the developer will be responsible for the payment of assessments for the landscaped areas prior to occupancy for the proposed office /retail building. An underground, pressurized irrigation system should be installed to all landscape azeas per the approved specifications and in accordance with City Code. Refuse /Service Areas: The submitted landscape plan does not depict where the refuse /service areas will be. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. All future CZC application(s) should cleazly demonstrate how this standazd is met. b. Staff Recommendation: Staff is recommending approval of MCU-07-004 for Freedom Storage Center, as presented in the Staff Report for the hearing date of July 19, 2007, and based on the Findings of Fact as listed in Ezhibit C. The Meridian Planning and Zoning Commission heazd this item on July 19 2007 At the public hearing the Commission approved the subject MCU request. 11. EXHIBITS A. Drawings 1. Vicinity /Zoning Map 2. Previously Approved Site Plan /Landscape Plan /Elevations (CUP-04-017) 3. Proposed Site Plan ,(REVISED 7/17/2007) /Landscape Plan /Elevations /Floor Plan ;k B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company C. Required Findings from the Unified Development Code Freedom Storage Center -MCU-07-004 Page 8 l J • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 A. Drawings 1. Vicinity /Zoning Map Exhibit A ,'• • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 2. Previously Approved Site Plan /Landscape Plan /Elevations (CUP-04-017) ------------------OVERLAt+IDROAD _ - ----_- -- - -'--- - --- 6N.78 ,~f~ - --~'-~---- - P- --- _ _ ~~ _ _ _ maerune. ~ f uteri smewum _ -- ' a ' __ ___ __ ,., ~~' ' ~. ~o - ,~ I I. o p l?~l (~ L~11 -~ I~~ .y ' -~ o ~ ~'~~~~ 9 Io 0 I 0 ~ ~ rn ~ ~ ~~ ~ 0 ~~ Z Exhibit A \Q ~~- 'd 'Q .~ ,~ .,•' .~ I l I I; ( g i f~ ' F ~S ~ t ( R H HNC ! ~` y .! ~ '{.~';?L{~ if K~ ; ' ~ Y w'j• ~} ;y t °i'* ~ ±h~ Spy e,? , i ' k 1 I t ~ f ~~ `~ ~ r a,,~, ~ c ,;~,. ~ta - L.. a 1,. ^!. ~:~r y3 rf ~ ~ s-~~1 :d r R t , ~~• ~4~w-~ a, 1~, ly~ µ ^S Y ff{., A~ p K '~y 1 Y } r' iL~ ~ ~i! f ~ ^ ~54"~;r~S I ~ :, Y E S' ~ l ~ly.~j''pT ~ ,'`~ ~ w ~~'I!'_'c,'~ ` ~: r :{ s ~~„' `tiN~' ~+ t 'ybut~ ~ ~s' M ~'~+ ' ~ r ,: ' F ~~2 .~ ",G i y, ~ tcY r x$~`fL ~? '~._ .1 ~~ ~ i ~~~ a ^ ,~it,~A,r~ ~' ' _'" : ~9h~"v ~~ t a ~ t - Nt~ m~• ~~} ~' i S 7m r w ~ .~ rr ~,a h ~ ~' _ 1 !4 4 ~i a ~ "£ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 ------------ =r 0 __ a ~ ~ ~ ~.\ • I ~ .,\ ~ Q C \ \, ~,1 ~ ~•• -M C-1 ,~~ ~ i y ~ 1 `_ ~ , ~ i 9~ _ ~ .4 ~ c,.a Q ~ ` ~ r ~ , e s ~ ' ••~ a ~ ~ e~ ~ ~ ~ ~ $! a .~:;., ® ~ ~:.d 186.65 ~ ~$ ~ ~~ L ~ ~ ~ ~ ~ ~ ~ \~ ~~ • •••• i ~ .\•. $ ~° 1 ~~~ 0 ~ ~ ~ ~ ~~~ ~ ~ ~aeaaa a~a~e eaMaasgr a apa ~e aaa'iuiA eia&em imxeein+ai ~ 3 0 ~ g ~ ~ ~ ~ ~ ~ 8 6 ~ ~ ~6~~~~~®~~~~ ~ ~ I I~ 9 ~~~~~~~~~~~~~ 6 ~--- --------------=--- --:-----------~ e ~- ~ ~ ~ ~ ~~~~~I Exhibit A ~ \~ `~N .,d \ ~tl ~v `` ,, p . ,~ ~4a~~ ~ - } `~ "~~ '' ' _~ ~~.~; ,' r ~ ,; .~~~ '~. , ~$~ 4~ ~~ ~ Y • 4 4 ~ '. 4!, ~~+~ ~ HKS~ 1 ~'~ ~lt_. 4 •.,51•. ~' 1 t ~~ ~~; ~ ~ ~, r`~ ~ ' i d t~ r s~~~ ~.l`r ', ~ ~. c 4~~ ~~rc.' S ~~ ~~~~r } ~ ~ C ~ ft ~ •~ ~1. 6'-~r'St-~~ 1 '~' ~~1 a .} . --<.~y ,K~y ~•< , °~'t~, , {. ~~ „~ ' ~ 1 ~~ V ~ ~~4 A ~ .- T2~-~1. hZ ~fy".. S~„ a ~, .. `~~' a ~' t R s, 1 e ~. 4 . 2~+ ~ f ~.~; Yes f~~` } FM1 ~ 1~~ • ~. '~~ ~u Y, ~ ~~ Sp~~~t ~, ~ ~e;t~ l'~a fJ,f 1311P ~M, ~S ,, '.. -.1 ... ~ ~g~~ .. '~J ~ ~ r Exhibit A e oC 6 Et ~~ 9 a® .$ ~~ ~ -_ °z m 6 pQ m u~ M a 3 ~ ~e ~~ ~ -, W 0 ~66 Q a 0 z z O ~i 5 a0 `' ~ ~ e ~ ~ - ~ ~ a . , . _ 0 0 a D Z oQg o ~ e ~ _ -- 5 ~~ ~~ ' z ~° 6 ~ ~ ~~ Y CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC HEARING DATE OF JULY 19, 2007 ~~~t ya; ;. ~?~ ''t~ ;;~, f. ~~.~... -_ .~3.G~ _~: ~.._,.7 {;;.1 ~~!if' ,Y~, ~. ~L~ ~~~;f ~" R~ 7 ~i' Y ~?~,.,. e • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 3. Proposed Site Plan REVISED 7/17/2007) /Landscape Plan /Elevations (MCU-07-004) Exhibit A n,. F ~Y ti %` • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 Exhibit A ~~~ ~ t, ~~ ~ ~it: ` _ ~` - ~, ~, ; ~~~ ,~ ~ :~:` ~ ti,' ~' ~ 4 A. k~r'~ ~ r ~ J ~-` e 3 • ~. wax ~.' ~J ~ t 'r jar v ~~~ ±nq~ 7, 4; ~ -~ ~~: ~~, F~~ ~~ ti ri> y.~,. t~~y`. ~ a. ~, _ ~ b ,~~ ? i, ~:, ~ ~*~ ~,ti, ,=t .. ~ ~ ~~ 's" r,~ ,,,P ~ - r.+ hwti ~.~ ~ k ~,~.'~e ~'~~5~~ ~ ~ ' , r . ~ ~~r a '~. k K ~.J ~5` ,.X4 ~ H k ~`: a~ r''' ~, 'r~~`~ yy~~ F 1 4lF ~~ ~ ti x ~ r ~f ~~ { ~ ~ ~:,~~~ fir, _~_ ~~= CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 _o ® _-__ ~ _--- OVERf~4MDR0AD. --------------- p T O .1 • 1 ~~~ ~ 1 • ~ (8) ~:; - i "Q i"' , m, m.~ I ~~ t o i + i r.l i I o ~A (.] .-.J y ,"~ i,r, Y ~,~ ~~~' Exhibit A . _~ lvOT .4 PART OF PROJECT ~~ r ~ `' `L ~,y3 ~' t s ~(., Yr,,k.~; jC F..t `,~{ Z t :~ ~~ ~,~1 K 4 ~ \y ~} 1 K'S` S 'c? k ~. . ~Wt~N, ~` ~ `~d7 _ rS s: ~ ~. µ~ d t~ f {F ~ i+r i. ~ .`r a.~`. 5~ jv (` t tti~ s ~ ~? a ~~ ,S Jy~ ~. ~~ ~~ ~~ v p ~ .h ra ~ ~ ~ ~• h7c, :~ t i 4 i ~~y y t ~^ Fr~.t 8 {~2x ~ 1 SY ~i tF ~~~~ ~ } ~s1. P i~.1 ':t ~~r i, .L'b. d 1 ~ N,, f 4`, J~:~, ~ i u f~~~j ~~i , ~ F F '~i ~'C'' } i .~~ ~J~ j • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 t~ elevation ~~ vet elevation ~ - ~, rtorih elevation mw .T• ~'e 1~LYLt~~ a._ ,LIO(th GIt@rlOr elevation .c i south elevation I IJ~i k~ ^ ~ ^ ~ -~ BOIJth Interl0~ eleVatitN1 ,- _ east elevetlon Fyh ~* i _ ,A a ~F~~~R ~', , , ` ii ~rt Y~~_ a"; west elevation r1: a :i-~ .;;iht --F~ .: ;f. a~. _. - ~:. .- / ~~' ~_~-Yil north elevallon south elevation Exhibit A .,~~. ~t~ Mrs ;' ~; i{'~' s` ja ;!°:,~ ,t< w 1::~ ~r~:., -. i~3 R ,, =~~s' y` ~~~ st . r, ~~ ;~ ~i i ~, x fi~~~~ .i'-' ~~ t ~ ' _° io 54-; ~~_2 . - ~i:^ ~ i"-'' • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 W d~ b® op ~~ o~ a ~ ~ ~f ~s I Exhibit A '~~, z ,a: 4- r. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 19, 2007 B. Agency Comments /Conditions of Approval 1. PLANNING DEPARTMENT 1.1 All applicable conditions of the approved annexation /zoning (AZ-04-013) and Conditional Use .~'` Permit (CUP-04-017) shall also be considered conditions of the subject CUP application. I ~, !,~ 1.2 All construction shall substantially comply with the submitted site plan (dated 6/7/07), landscape ~! plan (dated 6/7/07), and elevations (dated 6/7/07). If any significant modification(s) to the approved architectural design features and / or materials, as determined by the Planning Director, are requested for building(s) in the future, the property owner shall submit a CUP modification. ~ 1.3 The submitted landscape plan, prepared by W & H Pacific, and dated 6/7/07, is approved with the following notes: • Provide a 25-foot wide (minimum) landscape buffer along Overland Road. Landscape materials shall be in accord with UDC-11-3B-7. • Provide a 25-foot wide (minimum) landscape buffer along the west property boundary. Landscape materials shall be in accord with UDC-11-3B-9. • Provide parking lot landscaping in accord with UDC-11-3B-8. • Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). • If necessitated during the construction process any trees located within the existing landscape buffers shall be relocated within the same buffer as opposed to removed from the site. • Any additional ri t of way along Overland shall be landscaped with crass or other ve etg ative Qroundcover as allowed by ACRD. .r ~; r+~ {~.; a ~i '.~~ _~~~, `-i ~: `:'; ~~~~ '`.:~ j: 1.4 The required turnaround for the fire department shall utilize Qrass Crete within the landscape buffer as depicted on the revised site elan presented at the hearing Provide Staff with an updated landscape plan with submittal of a Certificate of Zoning Compliance. 1.5 Provide Staff with a letter from the neighbor to the west statini; agreement with the proposed changes to the landscape buffer prior to issuance of a Certificate of Zonm~ Compliance. 1.6 Off-street parking shall be provided and vehicular use areas shall be paved in accordance with UDC-11-3C. 1.7 Provide, at minimum, a 2-park bicycle rack on site, to be located near the main building entrance. 1.8 An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-6 and MCC 9-1-2. 1.9 All fencing shall be installed in accordance with UDC-11-3A-7. If no permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. 1.10 The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened. Exhibit B Page 1 ,ix~~. _ ~s k ~ ~L ~ k ,~L G C4 ~..7,1}rl S ~ f ;y 6 M 7;~ ~ _ t 4 C'~ L f+iN ,.^, ~ ~~~~ ~ ~:f~~ r ~y ~ ' 3 ~ ~ ~S.i 1' ~ ` J ~~.. -.+ `.K~ riA ~` ~ ~. 4 E t'y' ` ~ , r„~ ~~,y~ t'i ++773 i ~~ ~ j ay, ~+ a) ~` ~ ~~ t '- r z r~ E ~; ~ ~~; ''~ ¢ 3,a x 7 +c`; uA f ~~}~ ~at,' ; 4 f~;. t f d ~ ,-. ~-A~4b~T <~ ~ ~,gl~ t ~~~;: :`3 ~ . ~. , ~ •~~~ f.~ }. ~. ~~~ ; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 i ~,: 1.11 No building or other structure shall be erected, moved, added to or structurally altered, nor shall ' .- any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department. 1.12 btainin a Certificate of Occu ancy for the All required improvements must be complete pnor too g P ', proposed development. A temporary Certificate of Occupancy may be obtained by providing i ~` surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the i ~~ ~` required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 1.13 This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 2. PU BLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains to the Black Cat Tnuilc via Stoddard Road. The Applicant shall install mains to and through this subdivision; Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W. Overland Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. 2.4 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 The Applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval. If it is to be owned and maintained by an irrigation district, then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iJDC 11-3A-6). The Applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas. 2.7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The Applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.8 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. Exhibit B Page 2 I !~ f„ a~ <. +~§-f aY 7`~j d :K~ - k~ ~ ~~ ~ r H ~ ~i~"~' r ~ ~ s ! ~~ ~' m ~' 3 ~ ,.~ r a ~. ~ ~' ~ ', ~ ic+ Sd r ~ Y ! ~~d~` ~ -2r1,~- ~ '" ~'Y s s T art +'~` r tb ,.w t ~ ~ z ~~ ~w k~ ~„ r, .~ 3 ~~ ~ t ~ -~ c + ~~ : ~ 3r ~ +t ~ i ~s 1 i. :~ ~ ~° !``' ~ '~ J J 4h~s~ ~' ~~x~~ J y'~yy,, `~1` fti 1a~ ~~~" t CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 2 9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that . intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch ~ owners), with written approval or non-approval submitted to the Public Works Department prior e lans will b to plan approval. If lateral users association approval can not be obtamed, alternate p reviewed and approved by the City Engineer. 2.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall r Ord. 557 10-1-91 for all off-street parking areas. Storm water be submitted to the Ci En ' ee ) ( ~' !~ treatment and disposal shall be designed in accordance with Department of Envu~onmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.12 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive ;~ fmal approval prior to occupancy. Other required development improvements, such as fencing, ,. micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 2.14 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. ~, 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the Applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.18 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. 3. FIItE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. -~ ~ a. Fire Hydrants shall have the 41/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. ~: .' I c. Fire hydrant markers shall be provided per Public Works specifications. r ~. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. ~,`.I~ f. Fire hydrants shall be place 18" above finish grade. ;:-` e` ~rl :;;Y ' ~'~'' Exhibit B Page 3 A~~ z~}~ ~ ~ -{ 1 'al aa.t '.s "~s..s: ~i -~ - s ~, ~~ ~ Rr ~ r ~ T x l Y t'.~. ~ .t F r «. rte: f J~ ~~ ~ '~ t -~ 5 ~'~ ' ~ ~~ ~,~ ki ~{a eft, f ~ { `.~ *Y. a C ,uf _: ~ ~ J ys1• l~y }M "i:' ~.'t ~ _ ti ~~ z ~~ "YYy' ~F T:LS• b.tF~ W~9 2 ~;~, ~ ;~ ei'~ . F ~ ~5' i+Yy 9.'P. tr,F w ? ~y r., ,y _a iy,'V~y~~ t ~ l~~' ~rf 7- t F" , t;4.y, ~t 7 ~. 1^ + t~ ;} f 'y 3y~1~l,~a .~ 5av1N Y x ,~<<, , ~- ~f' ~ r 7`~ Q, ~. ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THT~ HEARING DATE OF JULY 19, 2007 'H- Fire hydrants shall be provided to meet the requirements of the IFC Section 509. . g . I 3.3 The parking lot at the west property boundary has no outlet for emergency vehicles. Any ~` ` roadway /driveway /parking lot greater than 150 feet in length that is not provided with an outlet ~, ~ shall be required to have an approved turn around. I ~I'; . 3.4 All entrance and internal roadways /driveways shall have a turning radius of 28' inside and 48' ~' ` ~ outside and shall have a clear driving surface which is 20' wide. ~, ~~ 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather `" surface are required before combustible construction is brought on site. ~ 7 3 Commercial and office occupancies will require afire-flow consistent with the International Fire ~` . Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 All aspects of the building systems (including exiting systems), processes, and storage practices shall be required to comply with the International Fire Code. ~' ~ 3.9 All portions of the buildings located on this project must be within 150' of a paved surface as ~' ° ~; measured around the perimeter of the building. ~.;. ~} 3.10 Provide exterior egress lighting as required by the International Building & Fire Codes. _ 1 ~, , ~s ; 3.11 Where a portion of the facility or building hereafter constructed 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 a 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). ; ~,.,. r 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). r< ' 3.12 If installed, the electric gate is required to be 20' wide and be equipped with a Knozboz key ~~` -: switch. ., ~ 4. POLICE DEPARTMENT ~~' ,' 4.1 The. proposed landscaping creates a hiding spot near the inset parking lot. The Applicant shall ': submit a revised landscaping plan that affords greater visibility of the area from public areas such w as a street or parking lot. Contact the Meridian Police Department to discuss this further. ~. ~I 5. SANITARY SERVICES COMPANY r4°:ri 5.1 SSC has no comments related to this application. .I I u ~( N: t ~ d~ 'y . ~, ~ ~ ..~ '-•ij' + i` ~ 5 • fI 4 . j.d t'~Rd iH~ { ~ ~~~ ~ ~ ~~~ :=k'~~~t' l~ ~ ~11 ,~ 4~~~+~. .fi 3xitpks'~ fH .f'~ T :~~ ~~ ~ "~ t y g {_~.~r~;,::~ :,~, `Y `{ ~ IIt.Y h ~ ~ ' ! ~ i I ~} x; ~ .1~ I ~' F~ Y ~. Y~ y'R~x' k" t i ~ i ~ ~' y~ A i '3' '' '` ,~ . " % ~ r' ~ -e{; , , . a . ~ 'n~ .atd f' S' +lY ~ l .~ 4 T~jc' ri'.T i, r ~ x.4:R- ° ;f~~ y ~ ` ' x- y :~.;*fi. ,~ I ~;1.' :;wi'>• ft`. n Sr ~ y 1 f .;.i ~ . ~T . ; ~;<,.t~., ..2 ~1 r ~ N ~x S 1, '~ '4 ; ~ ( ' ( 1 ; .. 1 ~ K > t ~ .YZ 1 s ; yt Fr it "'. A.. .,r`v;.•>•,.-^; -"~-0 .~ ~ i 't r, : • '~'M h j. ~ ~i s;3; ' f~P' ~ ~ ~ ~ '~$~`r ; ~ ~ r ~ 4 F as Y~ .• ` . ~. e ~. i _ A "''fr -. i gYrr ~' ,L,' 3 Y x. a~: I ~: yJ ~ Yn I :2 ~ C . h~ ~ 3 [.': .- z r! l,~Li-. ~~~ t ~- fi t r 1 :_> ~:.~ f": ~:. _: ~.; ~:_; ~; ,~~,:;, w' t ~~ ,; ~ ~: ~_:::~r Fi ~r.~ r ~_ . -,- ; x} :~, Ey.,,:i, ~, ~, >£~~ J ~4 ~,~ a ~~ '~` G~ ~~ Fv~ , ,, "'T t~ ~FY„ N~ ~_,;. `: a. ~~» ~: ~,~; ~~: •p~,' ; ,s~. ~~ rs~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 19, 2007 C. Required Findings from the Unified Development Code 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 Commission believes the site is large enough to accommodate the proposed use, as the site was previously approved for similar uses. The Applicant will be required to comply with all dimensional standards of the UDC prior to issuance of Certificate of Zoning Compliance for the construction of the office /retail building. Staff recommends the Commission rely on Staff's analysis and any oral or written public testimony provided when detPrnLi_ng if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title; The Commission fmds that the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Neighborhood (MU 1~. The property is currently zoned C-G, and had been previously approved for a storage facility and related uses. The Commission believes that the proposed office /retail building is consistent with the previous uses that were approved on this site as part of the Planned Development. (See Sections 8, 9, 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 e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The Commission fmds that the proposal is consistent with the intended character of Queensland Acres to the east and is harmonious with the existing character of the "Industrial" zone to the north. Consideration for adequate buffering of the existing and future residential subdivisions has been considered. The Commission fmds that the proposal, if designed, constructed, and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; As noted above, the Commission is recommending that adequate landscape buffers be installed with this development. This requirement should help mitigate any potentially disturbing aspects of the proposal from the neighboring properties. The Commission does not anticipate that the proposed use will be hazardous or disturbing to future or existing neighbors, as long as the recommended conditions of approval are complied with. Staff recommends the Commission rely on public testimony to determine whether or not the proposed uses will be disturbing or hazardous to the existing or future neighboring uses. 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; The Commission fmds that the site will be adequately served by the public facilities and services. Exhibit C ~;. r ~ +ts ~ = ,: r ~ '. -~ ~ ~, { fi ~ Cky1~ rf r '! ~ 3 >•c s # c .1 - r'~ ~ gin,:: ~ t .. - k } Y ,t i n J.Y y. .~' ~ i i ?;~ ry ' _ S t , ~ g Sr ~ ~'~< S 1 r s r ~ n ~ i. ~ . °~' ~ `tt M kid ~a' },e ~1~ ` ., ~ a, tr, ~. ~~ll {f y1 4 r .( ~ ~'~ ~ '~ ~Z f r, 1y;~ ~ ^' by Trb~~ i .`, ~j v 3~ ~ ~~k 1 ~ t '~ Y ~J f~ ,7- ~'~t~~~~~ ~ '~ ~ eiC r z~;~. ~ :, , ,. s ; _.. s ~ ~, i , 1 f t~ x n l ~5 -~6.~~ ~k "~)~~~i ~'f~i x % `'~ ~ ' ~',l gg ~~~l~'' ~ ~ ,~t`t i~ ~•~'3 ~4 ~~,tf . 1~1 K t 2 y ~ r ~ - %~z r". ~K t~ 1 1 - p Ce 1 C _ N S ~ + I ~~~ ~ ~"~ .. J Y`~ '1 ~ ~~ r ~o~4t, - "` ~-?d, yti ~ > S h~* ,'~~ 4 ~ - - ~ k ~$ d~~"yi t+ ~'~ y4 ~y ~ t{~'7#"` ~ tai.'. ~ --,-~ Z-r'Wt-~.~i~f' Page 1 ~ r 1 l Y ^~ 1- E '~ ti. tt s ~, ,., ~ u ~ ~ ~~ k 3 }rf ~^~ f ~r~ r i `fir +' ~~1+33~'~ .*~ ~ ,~ s~,~~~T} ~ . r y~ 1-.LSt ~ T h K .`~ J ~c tx~st~ ~~~ ~ a~$ . '~ 3 ~ '.. w ~ a .~ ~a ;a , Y 1 ~ +yi ? x ~"~ 1 '1 _ '~~ Y f lYY ~ L t F Y ~ SS i~M1J.-.Y aA LY }{4 a y~' '` r `, w ~;?r ~' ~ ~. ~ ,.f y£c 1 , i rs r ~ ~"` r ~, u' ~. r',~s ~' ai fit-' ';~a; a ,~: ~y J ~~9 '.. l~=hJYk ~.I ~ ~* .S.fxJi rn ~.~ ~+ ,,,5, y,.. b `~ a. «~ ] ~.1~ ~ yi K4 -7,'J~,~ ,C..,~ 1 .,fit L~"".l St'~r±.~Fi,~F r~ i ~ ~.i Z:: t ! ~ ~:1: : ( y.~.. y „~~ ~ ~ ~t Cq 5 .-i` i ~3_'_~. ~ ~. ~k~ j i'~-lN-' }} ~fi k y ~ ~- ~ va , x tgah :. ~ v ,~.t~ i.. ~{ j. v .~, ;'t:: s~ .~~,; >_.... ':,~ ?~, -r!C ~+`; e ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 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 Commission 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. 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; and The Commission finds that the proposal will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. The Commission recognizes that some traffic and noise will increase with the approval of this application; however, the Commission does not believe that the amount generated will be detrimental to the public welfare or the City. 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. The Commission fords that there should not be any health, safety or environmental problems associated with the proposal that should be brought to the Commission's attention. The Commission further finds that the proposal will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C Page 2 :~ ~'~~ - ,: ~~~ ., .- -~. s~` ~~5:~- -z ,.,' , ~ 7 ~,.~A ~~;. ~~;: ;'' y~; ~r~;; i S July 30, 2007 CUP 07-014 ~'~ . MERIDIAN PLANNING 8~ ZONING MEETING August 2, 2007 APPLICANT J & K Investments, LLC ITEM NO. 3'~ REQUEST Findings of Fact 8~ Conclusions of Law for Approval -Conditional Use Permit for the construction of a 7,750 square foot multi-tenant retail building for J & K Investments Retail - 1330 E. Fairview Avenue (Lot 2, Block 2, Doris Subdivision) AGENCY ~ COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ ~. ~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: ~ Date: `1 3 l Q Phone: '7 ~O 7 ~ 3 ~ 7 7 Emailed: t 0.~ /1~ ~f c (~cJ C OM -Staff Initials: x -~ Materials presented at public meetings shall become property of the Clty of Meridian. ~: ,~L ~ ~ ~®o~ -a, ~:~; x9~ ~~~ r i1 ~ I keridian. - - er 0~~ ;~ .~ CITY OF MERIDIAN ~~~` FINDINGS OF FACT, CONCLUSIONS OF ~~ 11=~~~A LAW AND DECISION & ORDER ~° ~~f `' In the Matter of a Conditional Use Permit for an 7,750 square-foot, multi-tenant retail building with adrive-through window in the C-G District for J & K Investments, by Architecture Northwest ~~ Case No(s): CUP-07-014 Planning & Zoning Commission Hearing Date: July 19, 2007 (Continued from July 5, 2007) Findings for the Planning & Zoning Regular Meeting of: August 2, 2007 A. Findings of Fact °~ 1. Hearing Facts (see attached Staff Report for the hearing date of July 19, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 19, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 19, 2007, incorporated by reference) <s 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 19, 2007, incorporated by reference) B. Conclusions of Law `~ ~`li 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use ' gal Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). ~_ <I 2. The Meridian City Council takes judicial notice of its Unified Development Code codified `.p`', at Title 11, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and ``, Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). CUP-07-014 PAGE 1 of 4 :~. ~-,t ~.c ~: ro~ ~~ a s " ~~ ~v ~~~.~ e~ mss' ~.. ~ ~s~x {pyµ,~Y ~' ..f ~Y L ,~ f ~ ~ ~.4 ,.,1 till ~ - `l~ .. t ~ L>5 L~ ~r ~: sr ~~ L ~V !~ 1 1• 'il, ~r cti! ~~ti t ~ ..~ ~ ~ ~ ~ ~E.~ ~ M .; i t Y ``d ~ ' ti' 13k N ~~' ~. may. {ii. ~7.1'f ~i .e' ~ ~ r ~'> .c~ tr L.. '`-r ' - € ~ {'r ~ ~ a„r ,» ~ ' `` ~ y ,i 1Q S (, t T t f~ ~lX~ it .6, ~" y: ``AA,,t 4~~ ~1 ~3 ~i~~ p{ ~~ 1 1 r F ~ ~~~ a ~ ~ ~~ j drr >,~ v.~ .9+t. ~' ~ ' `~ 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. li r.,~, r<.,~, ~~ 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Commission Chair and City Clerk and then a copy served by the Clerk upon the Applicant, the Planning Department, the Public Works Department, and any affected party requesting notice. 7. That this approval is subject to the Site Plan and the Conditions of Approval in the attached Staff Report for the hearing date of July 19, 2007, 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 Planning & Zoning Commission'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 Site Plan, as evidenced by having submitted the Site Plan, labeled sheet A-1.0 and updated June 2007, is hereby conditionally approved; 2. The Applicant's Landscape Plan, as evidenced by having submitted the Site /Landscape Plan, labeled sheet A-1.1 and dated May 2007, is hereby conditionally approved 3. The Applicant's Elevations, as evidenced by having submitted the Elevations, labeled sheet A-6.0 and updated June 2007, is hereby conditionally approved; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 19, 2007, incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). CUP-07-014 PAGE 2 of 4 ~ _~ _ ;: } r ~~ ; r ~ s F, _4... .. ~~'. : V ~ . r,;;, ; -. a ~ ,r a~;-. 3:~...... ,. - ~~ ~3 L _T a k1 a-7{ ~ n'' 7 ., E rr::i ~ :~:,~~. .Fl: C ,~ . i • .~ , F ~'~~'~ 'r ~ •t ~r ~,. ~ ,,. ,•4~ ~ ~ .. ~ ~; f3 '~< r ~ ~ ` , ~4 r ~ ,~ •r f t A J'1 ~~+ ~,T ~, ,,: t.~ ., _... .'~'-. i /.' .: Nr - # ?S'~; m .~`5 ,~ . n~ ~.d} sy~ f 5 ~ ?i `...~s .. :.;,, .# F ~~. ~' ~3 u~-;--,QQ 4 T' ~~ ::y' ,, ~ , s= wA .': .:~ .if {~ ?~L . j • 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 may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code, Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. 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 19, 2007. •T r i- y: :,'al.~'~.a~, ', .~~~-.~, +I r ..~.~ L ';} CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). CUP-07-014 '';t { ~~ PAGE 3 of 4 '.''n. ,~ : y, t'i F` ` i , ~ t~` I'.: l rJr` ' }~~. ~~~ ~ r .~ . r~ ?~. ~ ~ ~,. ~~rix f' 'ti`c; it 1 ,.,,. h'~ ~"l4 y.. ~~ t .s j .~ '- ~~'~F ~a~r ~ ~:`~' t ~ ~ ~ ~, ~ ~ s + ~ ~~ 4 °~ r -, S~i'~ a ~ F }. ~, - ~~ w K ~ "` ~S ' < - '~ ~ ~ t E ~ "~)~ r ,~ _ f ~' ~ ~~.,. ~F vbi4 %_ ~.r ~F: V'^Y,h ~'~' t~ ,- ~,'. ' x ~_ I ~ 4 X J '~ ' ~1 I z ~ ~7 ~ ~. l~ By action of the Planning~& Zoning Commission at its regular meeting held on the ~~ day of ~~, ~~ ~S`~ , 2007. COMMISSIONER MICHAEL ROHM (CHAIR) COMMISSIONER DAVID MOE COMMISSIONER WENDY NEWTON-HUCKABAY COMMISSIONER TOM O'BRIEN VOTED_~~~~ VOTED ° C~ VOTED_~@~ VOTED (~ ~~ G - COMMISSIONER STEVE SIDDOWAY VOTED~~' ~,~/~ ~~a~ ~ ~ CHAIRMAN MICHAEL ROHM ~ "~ 191111111111/ ~• ~ ~~~ae11 ~, //~~~,.° Attest: ®®*®® d°°® ~~~ ~~ /0 *® r~ ,~'7: ® ~~eq ii Tara Green, Deputy City C~erk ~, ~ ~ ~~ ; r T 9~~ ~~ Copy served upon Applicant, Th~`'Pl ~ ~ ~ 'n'~1 department, Public Works Department, and City Attorney. SM. ~=,'II ~ Dated: '~ ~~~ ~' ~I; ~ j City Clerk yl .,;_ ,. ~t, . ~~J, ~.~. .,i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). CUP-07-014 PAGE 4 of 4 ' ~" I I: ,. ' ~ %~ ~ I d :~~` 'nJ Ty~'' ' , iq.~`.''. ;µs,h e..ST'~~~`^' q-•tl: ~ ~AS ~. S { ~ , .. 'ti r c •s Y ` , ~ • ' ~r. ~ .: ..~ ~ ~ I 'y:•;r.~.tL ~1' ~ t i ° r i w ':.} ] ~. ,~;` s K r;¢i•~ s e t° ~r o-~.~ ~r ti ^~::%,r~ 9~ r',i';'r.;;)P` <'~;~ta~.etk,;g~,~.,a• '~;° : r , ` ~ Y... ` T , i Y 4i• .4, ; •~ t~ I{ - I 2 . ,aa:',l:x ~; ... r ~ ln, ' ~ Li.: • ~ ~ i` ' ; { , ~ t~ . ~. t ~ ~' ~ • ' ~ ' ~ ~ .t'ya3::• ~ . 1 :i ' ~ ` !v' ~ ; ~y :~i7'1~.~• ~~.';a ~..I^ 1' I Y' .~w"R=" ) 6 F ..~:. ~~ ', rr r 'I i`.c ','R px . y ~~' I: i ,.. .. , :f..,: k e.~= ~. . .. w , ~~} -°~' • .g.r z: .- .."~;iM I't' ~ E .A\ 5. (~~'.~ ~'. 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'i~?~.• ~1.. ~'. ..{ L"3v ~ ~, §i,l i.l ,li , r. • F ^ 4 . .;( .f l. ~ .T t i` ' 3 I ; e N~~ i. .. ,. ,.~.ti~~F.~ _ CITY OF MERIDIAN PL ~ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 STAFF REPORT Hearing Date: 7/5/2007 TO: Planning & Zoning Commission FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: J & K Investments • CUP-07-014 ~.. _. ~:t ~ '°~ t u+ns 'r~~ 19 X h ~ ~ i r, tu.~~~ 4~,.:, ~.~. ~` ,qn Conditional Use Permit fora 7,750 square-foot building with adrive-through window, by J & K Investments, LLC ~F~~ 'I ~ : i'. rt ::a ti ~1 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, J & K Investments, LLC, has applied for Conditional Use Permit approval fora 7,750 square-foot multi-tenant retail building with one drive-through window. The subject site is located approximately 1,000 feet west of the Locust Grove Road / Fairview Avenue intersection at 1330 East Fairview Avenue in Section 6, Township 3 North, Range 1 East, B.M. The property is currently zoned C-G (General Retail and Service Commercial District). Restaurants, retail stores, and drive-through windows are principally permitted uses within the C-G zone. However, the Unified Development Code (UDC) requires all drive-through establishments to obtain Conditional Use Permit (CUP) approval where adrive-through facility is to be located within three hundred feet of a residential district prior to submittal of a Certificate of Zoning Compliance application. 2.5iTNIlVIARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-07-014 for J & K Investments, as presented in the Staff Report for the hearing date of July 5, 2007, subject to the conditions listed in Ezhibit B. The Meridian Planning and Zoning Commission heard this item on July 5 2007 and July 19 2007 At the July 19 2007 public hearing they approved the subject CUP request. a. Summary of Commission Public Hearins: i. In favor Jason Slawson (Applicant's Representative) ii. In opposition: None iii. Commenting: Dan Woodall iv. Staff presenting application: Amanda Hess v. Other Staff commenting on application: Caleb Hood b. Kev Issues of Discussion by Commission: i. That the Applicant reach an agreement with the Idaho Athletic Club for cross-access; ii. The need for an emergence turnaround within the front parking lot if said cross-access can not be realized (or some other alternative to mitigate this issue such as a new parkmg lot la out the installation of bollards iust short of terminus of the parking lot to restnct traffic to 150 feet, etc.); iii. Concern over the short stackinglane for the proposed drive-through; and iv. That the east facade incorporate a window and / or awning and possibly additional materials such as stone. c. Kev Commission Changes to Staff Recommendation: i. Include the updated plans and elevations in the staff report. J & K Investments -CUP-07-014 Page 1 }k ~. ;a r~'= F +5~,` 2 ~' b _~ Rsr~..* E ~ '" ;,~ i; ~;. ~- '`' S +' 1 R , ~~~C? y Y '.; »:. .~y Y~.~, ref,.=~ 3 t t ` ![ y ~ .j.~y S~.. c. Yt~ ~;' ~ f ti. ' T~" . - f ~wSL. ~ , ` ~ ~ ~ ,A, 2 p p ~ ~ , t~: x ~,a ~ , .r .... .>ot~la~i5fdv ;`~? 1 14 ^ ~. ~ . r ,. 'A ,?' s~ '7a Y. 'f 1 '~a,-: v +~ r' 3 r THE HEARING DATE OF JULY 5, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-07-014 as presented during the hearing on July 5, 2007, with the 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 Planning and Zoning Commission hearing on July 19, 2007. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP- 07-014 as presented during the hearing on July 5, 2007, for the following reasons: (you must state specific reason(s) for the denial of the conditional use permit, and what the applicant could do to gain your approval in the future). I further move to direct Legal Department Staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on July 19, 2007. ,,~. Continuance After considering all Staff, Applicant and public testimony, I move to continue File Number CUP-07-014 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address /Location: Lot 2, Block 2, Doris Subdivision 1330 E. Fairview Ave. Meridian, ID 83642 Section 6, T3N R1E b. Owner /Applicant: `: J & K Investments, LLC 8716 Quail Ridge Drive Nampa, ID 83686 c. Representative: Jason Slawson, Architecture Northwest d. Present Zoning: C-G .r ,; e. Comprehensive Plan Land Use Designation: Commercial ' ; f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit °'' approval fora 7,750 square-foot multi-tenant building with adrive-through window. 1. Date of Site Plan (See Exhibit A): May-2~A~ REVISED June 2007 2. Date of Landscape Plan (See Exhibit A): May 2007 5. PROCESS FACTS .,, ~ , __ ?+:~.I, .r„ .~. x~ a. The subject application will in fact constitute a conditional use as City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: June 18, 2007; July 2, 2007 c. Radius notices mailed to properties within 300 feet on: June 8, 2007 d. Applicant posted notice on site by: June 25, 2007 J & K Investments -CUP-07-014 Page 2 I ~= %. ~: ,. "'. ~ r ¢ t .j,~ p f 3A pY e+`Y `iT i L ~ ~ 1j~ d ', Y1 .h { FJr v ~ ,t~ r~ .~ ~:.y4ri f: T '~~yik ~': ,, ~ i -. J..i`'er' ~ H?{',F S ka.L'; s• ~ ny~~ =n z +~ 5 ~ a ~ ~~rz w ,„ #~~% ,r, P '~ h.: ~' v 4.frY,i ~' T ~~yf~~ k ~{ .i 1 - , n F.q% ~.'. {7 ~:N n:: i ~K .• Y (. = r r ~~ 'yF n?'w 5 t ~f ._ ,t ~"Y ~~ ~1 ? M1~~ ~~f L k.x ~~ 'r.V._ f; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 ~; ! 6. LAND USE s' ' 'I a. Existing Land Use(s): Vacant ~` ' b. Description of Character of Surrounding Area: Developed largely as commercial /service oriented retail, including a gym, car-wash, and hardware store, with existing residential ~~` subdivisions to the north and northwest. c. Adjacent Land Use and Zoning: :~. a 1. North: Residential, Doris Subdivision, zoned R6 (Ada County) ~`~ 2. West: Settlers Village Resubdivision, zoned C-G and R-8 ~' 3. South: Danbury Fair Commercial Subdivision, zoned C-G r. 4. East: Commercial /Retail, zoned C-G ~ d. History of Previous Actions: N/A "' e. Existing Constraints and Opportunities: ~;: ~, ~° ~~, 1. Public Works ~. ~' ~ ;; Location of sewer: There is a sewer main located in Fairview Avenue. . ., ~" ~° Location of water: There is a water main located in Fairview Avenue. s~: Issues or concerns: Routing of sewer and water mains >. ` , 2. Vegetation: N/A ~. 3. Floodplain: N/A T~. 4. Canals /Ditches /Irrigation: N/A ~~ ~~'- S. Hazards: N/A 6. Size of Property: 46,140 square feet (1.06 acres) y,. :, ~ 7. Description of Use: Proposed 7,750 square-foot multi-tenant structure with adrive- through. ~" 4 "' f. Landscaping: 1. Width of street buffer(s): 25 feet on Fairview Avenue, an arterial street. 2. Width of buffers between land uses: N/A. However the Applicant has provided, at b least, a 10-foot landscape buffer along the east property boundary. l; 3. Percentage of landscaped area: 32% (14,775 sq. ft.) 4. Other landscaping standards: UDC 11-3B-8 requires landscaping within and around V. parking lots. The landscaping standards for parking lots will be applied prior to ~' ' ` issuance of a Certificate of Zoning Compliance permit (see Exhibit B, Conditions of ~' Approval). ~, :, ~`' '- g. Conditional Use Information: ~? ~;_., n Procurement of a CUP is required where adrive-through facility is located within 300 feet of - another drive-through, residential district, or an existing residence. The subject site abuts a ~~`: ' residential zone to the northeast that is currently zoned R6 in Ada County. h. Off-Street Parking (Non-Residential Uses): ~ °:; `j J & K Investments -CUP-07-014 Page 3 i :; };~ ~; i I ~_ ~.- ~, . ~, x '~ ' {/ t \~i ^ w' r ~' P~ r ~ ~i~ ~ k ~ ~~~ s ~.4 I~ 11f,s~ .'L4i ti ~~ ~~~~ ~ , } 1. r ;, a * F ~`i,, ~ ,~=` ~~r.~~~ ~l -Pr - f f w 1. :~ A ~,. ~s , ~..~~ ,, , k ~. - s ~ ~;ti ~~~ ~ J4~ 4YE~ 3 "R ~ t: wr iF 1~ r'~t t 7,~' # - .~ ,± i ~ ~r T i N Ems" ~`~ ~rr _1~ .T + ~~t. y, 1~ :`k f4 i ~ • MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 CITY OF 1. Parking spaces required: UDC 11-3C-6B establishes minimum parking standard for nonresidential uses. Within commercial districts, spaces shall be provided at one per 500 square feet of gross floor area. 2. Parking spaces proposed: 38 3. Parking spaces required: 16 4. Off-site parking proposed: N/A 5. Percentage of interior parking as landscaping: Prior to issuance of a Certificate of Zoning Compliance, Staff will ensure that the proposed parking lot is improved with landscaping according to UDC requirements (see Exhibit B, Conditions of Approval). f. Summary of Proposed Streets and / or Access: ti, i '~ ';~ ;T .~ -,.~ -~~r~ ~I ~1 .. :; A full access is proposed from the site to Fairview Avenue. Fairview Avenue is under the jurisdiction of the Ada County Highway District (ACRD). With a former application, ACRD indicated approval of shared access at this location. Said application came before the Commission in September of 2006 and included a request for a small coffee house with a drive-through, and anoil /Tube facility. A Certificate of Zoning Compliance was granted from the Planning Department for construction of the oil / lube building (and other associated improvements) and %z of the driveway access to the site. The developer of the subject property will complete the other %z of the drive access. 7. AGENCY COMMENTS On June 15, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, and the Meridian Public Works Department. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (Staff analysis in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) The City of Meridian plans to provide municipal sef-vices to the pYOperty in the following manner • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian City Fire Department. • The subject lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. Municipal, fee-supported, services will be provided to this site by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. J & K Investments -CUP-07-014 Page 4 ,:T_ - 3. ~ t; . - 1...v. ~%.~'f h k ~ °t x ~ C'~; ~ r a. 7' ~. ~,, ,;. ik~' ~~~~ ti „ ~ y' ~;i ~~.~g ., .~ -F;.~ -.~ ~~ ~~ ~ `~ "~ ~ ~ ~f ', . - : ~ ~: °`~ y ~ 1~ . 1 r, ~~~: ~~ ?--: T ~, ?' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 r F~ • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) Staff is conditioning approval of the subject CUP upon the Applicant installing and maintaining landscaping on this site. Refer to the CUP Analysis, Section 10, for more ~: information on landscaping at this site. • "Require appropriate landscape and buffers along transportation comdors (setback, vegetation, s' low walls, berms, etc.)." (Chapter VII, Goal 1V, Objective D, Action 4) A 25 foot landscape buffer is mandatory for developing properties along arterial streets. The ~~ Applicant is proposing a 25 foot buffer along Fairview Avenue. ~:. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter s°~ ~ VII, Goal 1, Objective B) Staff believes that the proposal will contribute to the variety of uses in this area. .,' Staff believes that the proposed multi-tenant retail shell and drive-through for this site is consistent with the Comprehensive Plan. Staff recommends that the Commission rely on any verbal or written ~` testimony that may be provided at the public hearing when determining if the Applicant's request ~' ~ is appropriate for this property. "' 9. UNIFIED DEVELOPMENT CODE '" ~~I +:~;= T?-1 ;.;. ';'I a. Zoning Schedule of Use Control: UDC 11-2B-2 lists drive-through windows as Permitted / Conditional Uses in the C-G zone. The Applicant is required to obtain CUP approval, as the drive-through is to be located within 300 feet of a residential district (iJDC 11-4-3.11-A). b. Purpose Statement of Zone: The purpose of 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 site and landscape design, labeled J & K Investments Meridian, LLC, and dated May 2007, with the following comments: Access: The Ada County Highway District (ACRD) has approved one access point to the subject property, a shared, full-access driveway from / to Fairview Avenue, located approximately 250-feet east of Jericho Road. This driveway currently exists and is partially constructed on the property to the west. Currently, the parking for the Idaho Athletic Club, the property to the east, is located up to the +~` I ~ ~: I °j Y RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 CITY OF ME 81901000084 and 81901000104, as well. Prior to submittal for a Certificate of Zoning Compliance for the subject multi-tenant building, dedication of cross-access should be recorded with the Ada County Recorder. Parking: The Applicant is proposing to construct 28 parking stalls. Only 16 parking stalls are required by Ordinance. UDC Table 11-3C-1 requires 90-degree parking stalls to be 19-feet long by 9 feet wide, adjacent to 25-foot wide drive aisles. UDC 11-3C-SB-4 allows parking stall dimensions to be reduced by 2 feet in length if 2 feet is added to the width of the adjacent sidewalk or landscape area. All parking should comply with the standards of the UDC. DYive-Through Design: Staff is generally supportive of the proposed drive-through configuration. UDC 11-4-3-11 states that "a site plan shall be submitted that demonstrates safe ~? ~ pedestrian and vehicular access and circulation on the site and between adjacent properties" At a minimum, the site plan shall demonstrate compliance with the following standards: • Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of--way by patrons; '! i r, • The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; • The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; • Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. Staff finds that the site plan, as submitted, complies with the drive-thru standards set forth in UDC 11-4-3.11. Elevations: The Applicant has submitted elevations for the proposed structure (see Exhibit A). Staff is generally supportive of the proposed north- and south-facing elevations, prepared t by Architecture Northwest, dated May 2007. However, the east- and west-facing portion of the structure will also be highly visible from Fairview Avenue. As proposed, said elevations are generally blank walls. Staff believes the Applicant should provide, at minimum, either one 4 window on or awning along the east fagade of the building. Staff encourages the Commission to consider the elevations and determine whether they are acceptable as is, or whether changes to the design and materials are warranted. / ~ ~ Landscaping: The Applicant has proposed approximately 14,775 square feet of landscaping - including, but not limited to, landscape buffers to adjacent properties, and landscaped stacking ;. . barriers. The UDC requires a 25-foot landscape buffer is along Fairview Avenue. The Applicant has ~ also provided planter islands within the parking areas which generally meet the requirements ~ of the UDC. Additionally, the subject application proposes at least ten feet of landscaping e,r, ~`'`` along the east boundary that is located adjacent to the Idaho Athletic Club property. ~~~i ~:~, The north portion of the east boundary also abuts a residential district. Per UDC 11-2B-3A, a 25-foot buffer is required between residential and commercial districts. The Applicant has ''-'~ provided in excess of 25 feet of landscaping for said buffer. This buffer should include a mix ~` ~ of evergreen and deciduous trees, which will form a barrier that allows trees to touch at maturity, shrubs, lawn, and / or other vegetative groundcover. ' s, PYessure IYrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source ~~ a is not available, asingle-point connection to the culinary water system shall be required. If a J & K Investments -CUP-07-014 Page 6 :' 'fu = , ,~=<< ~. ~ , r ~~~ 4 r~ ~t . e. r _ ;1~,.4; } rp ~ v. 9 4'S' r " - :ge I ~; '' '~' 's ~: ® • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 f ~ ~~ single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An '~ underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain a CZC from the Planning Department prior to applying for building permit, and all conditions must be met prior to issuance of occupancy. b. Staff Recommendation: Staff recommends approval of CUP-07-014 for J & K Investments, as presented during the hearing of July 5, 2007, based on the Findings of Fact listed in Exhibit C, and subject to the conditions of approval listed in Exhibit B. The Meridian Planning and Zonin¢ Commission heard this item on July 5 2007 and July 19 2007. At the Julv 19, 2007, public hearing the Commission proved the subiect CUP request. 11. EXHIBITS } A. Drawings - ,r 1. Vicinity /Zoning Map 2. Site Plan (a +°a ""^~~'^^' REVISED June 2007) 3. Landscape Plan (dated May 2007) 4. Building Elevations (dat~d~a~9A~ REVISED June 2007) - B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Ada County Highway District -~ C. Required Findings of Fact r '~ r, ;_ ~. r .., .~ ~. ~~ ~~ ~~,~~ ~~ r ~ ~ ~ ~: ,, r ~71 } ,: / Y F' ~ ~: { S ... - t t S' A ~T . .%~ ~: T~ ~; `, , r • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 5, 2007 A. Drawings 1. Vicinity /Zoning Map Exhibit A ® • TMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 CITY OF MERIDIAN PLANNING DEPAR 2. J & K Investments Site Plan (-' + a ""~•~'""' REVISED June 2007) ~ ~ °_- ~ ~~ ~ ~ ~, I o ";~~~ ~ ~ ~ 9 ~i s~ ~ ~~ ~ ~~ ~ ~ .~ $ ~ a E ~ ~i ~ii O ~ i~ ~ 9 o O ~ O J ~~~ ~ ~ ~a ~ A ~ ~~ ~ ~ t C 000000000 OHO 00 O O O ~~1~$i~~~g;=~~~~I~ 641 ~ti~~~s~~s~~~~ ~~~~~jl~ ~~~ 8 . ~ ! ~d ~ Q 11 9~ ~~ ~ ~ ~ ~ ~ ar ~ ~ ~ ~~ i '. ~ ~~,,. :,4tiII ~<'~ ~ .:Y, Yi j „.1 ~s a~ 0Q Exhibit A I ~ I ~ p~A I M I I BPPP I i I I ~ I.. --- .,-__.~ i ~ ---1-, ~ - I ~ ~i i i ~ I- - I I ! , a I ~~ - ~ 5~~ a~~ ~~ ~ I it ~ I+ I Nlrl NBTAIL BYILDIRO J & K RJYESTilENT3 IIER®IAN, U.C. u~~ ~~+o ApCNITECTUNAL SITE PLAN L~ ~,:. ~~ y'` r y. 1~ ~ ~~ ~ ~ O ~~ ~~ i O ~~ +• ~~ I, ~, #~tt y ~ ~ R k ~ r ~ { ~ „ Q. 1' '~ ,'R. c ~ j ~ ~ ~ f Y r 4 ` , ~ ~ p 'L~,y} r~ ~ r ~ r in ~~~ ~~ ~ ~~ ~,F fi _ rL,^^' 1 ~ ~g>~~ 1 iti y } ~~y ~~ x t ~.k ~ r ' s f ~. Y -~ 1`~ Q .~Gu ~ ~if ~l~~• (' 7 i W f Y; ~. b5 '- ~, fFF7F{ q' 4 4 ~`rw~ ~y ~ a 1* ~ ~ 3$'a'^/ ~, a ~~F~ #l~Sf r~ i RAW ht kt ~ ~ ~ ~ 1 Ifi ir~ "1 ~ ~~'~ _ f ?,[~f~ 'l 'W Y~y1 ~N v 'n ~ ~t ~ - y~ 4 - jc h. t ~ ~ l~- ~¢:' K. 1 1 ~ ~}S ~. ~, s r~ f <-~.,, r ~ : ¢., .,. y 42 lT M ~ f~,yj~T '1n ~1 Y~ .y~N 1 ~ y~ ~.~ FAIRvIEIU AvE CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 5, 2007 3. J & K Investments Landscape Plan (dated May 2007) ~- n n o .. a u~ e ~ ~ 'p Gi~ u n ~ r - e _ ~ Y. ~ u~ F~ ~ ,~~ T' m B p ~, ` 7 i!~ t6.~. d ^ ~~f~ r 5 e`er i ~ ~~~ 5 H .~ ik` ~, Y.~S~° ~,' a d~-f l,. ~I p .°~ W. ;~ _~ ' e' +n.~ ' `~ .. sil - ~ - T~j '~ ~~ ~ ~ ~r ~~,~ W~ I e ~ i .` ~ Sa ` ~yi{'~ !,~ ' "+°..`J 54y it ! t. T t, I ~~ I ~~ +r ~~,~, i;~ ®' ~ a. ~ ~ ```°• t~~'~ ~ i , • i4F `0 .. A -- _- t ., ~c-~'-1 ~I ~~ ~°'` °~ .+ 1-r~ r ~ ,}~~~~'ti ~.,n G~~9 '~~~ .~ .~ ~~.: `: • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 5, 2007 4. Building Elevations (a^+°a "'~^" "'^' REVISED June 2007) { i 1 ~ ~ [eeA'ar a txuruw ray citaxw x!An °. ~;.c~44(+ fYr1uV HAIR ~M ~/~~'~1~~, i~1 ~M H~i~yYVOiN7 #. si~ IftlYl0.717 ~an~flian~ w 7 1 a _. ~ ~ ~ 1 1{ I ~ • Yt~ . ~-~----^' QaLLYJLiJ+i174~aY i OMIOIIQ• 11r1>!Y AQU - ~.. _ ~° ~. ~, a ~ r F~... Q ~_~.. 7 ry M a b~ U ^ ~ - 0 ^ J Q ~ . o r ~" ~r ~~' ~ ' L~-J G a ~.~ ~.. v +, r ~_~ ~_~.. e o r a . _ ,e~ _ 0 ~ ~ h 0 h S ~ • s s • ~ ~ r ~ s ~ ^ • r ^ a 4 ~ a p ~ Exhibit A • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 B. Conditions of Approval ~p ~, ~., .I ~'` " ~. , -~ >~~ ~~ss r'"; f , •,°I :. 1. PLANNING DEPARTMENTS 1.1 The Site Plan, labeled J & K Investments Meridian, prepared by Architecture Northwest and a +°a r,r".. ~nn~ REVISED June 2007, is approved subject to the conditions listed herein. 1.2 Per UDC 11-3C-SB, provide a 27-foot wide landscape buffer, not 25 feet, along Fairview Avenue if adjacent parking is reduced to seventeen (17) feet in length, as currently depicted on the plan. Otherwise the adjacent parking stall length shall be increased to 19 feet and wheel stops provided for each parking stall. 1.3 Two-way traffic shall be limited to the parking areas. A "Do Not Enter" sign shall be installed to face south in the landscape buffer located just west of the drive through. 1.4 Cross-access shall be provided to all adjacent commercial properties. Prior to submittal for a Certificate of Zoning Compliance permit, provide Staff with a copy of a recorded cross-access easement in favor of said properties, Assessor's Parcel Nos. 81901000045, 81901000084, and 81901000104. 1.5 All sidewalks /walkways proposed adjacent to the proposed structure shall be a minimum of 5 feet wide according to UDC 11-3A-17. 1.6 The building elevations, labeled J & K Investments Meridian, prepared by Architecture Northwest and a^+°a "'~"" ~°°~ REVISED June 2007, a •••~*" *~•° ~°~~°••""`- ^ „a;.:,. r ~e--~p~~i~#~all~-a~~ith~-~a-~~de,~-~afi +i.° "+ .~ ,,,, ~• 1.7 The Landscape Plan, labeled J & K Investments Meridian, prepared by Architecture Northwest and dated May 2007, is approved subject to the conditions listed herein. A revised landscape plan shall be submitted with the Certificate of Zoning Compliance application for the subject retail use and accompanying drive-through. 1.8 UDC 11-3B-7C requires landscape buffers adjacent to streets to be planted with one tree per thirty-five lineal feet. Provide one more tree in the landscape buffer on Fairview Avenue. 1.9 UDC 11-3B-9 requires that all perimeter landscape buffers to adjoining uses be planted with, at minimum, one tree per thirty-five lineal feet. Provide two additional trees within the landscape buffer common to the subject property and the Idaho Athletic Club. 1.10 UDC 11-3B-9 requires that all landscape buffers adjoining residential uses include a mix of evergreen and deciduous trees, which will form a barrier that allows trees to touch at maturity, shrubs, lawn, and / or other vegetative groundcover. The landscape plan submitted with the Certificate of Zoning Compliance application for the subject building shall depict landscaping at the northeast property line which meets these UDC standards. 1.11 UDC 11-3B-8C requires that all interior parking lot planters at the ends of parking rows be landscaped with one tree and low shrubs, lawn, or other vegetative groundcover. Currently, three landscape planters do not depict trees. Provide at least one tree for each interior landscape planter on site. 1.12 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.13 To ensure that the conditions of approval for CUP-07-014 are complied with, the Applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to construction of the building shell. Exhibit B ~r < <~~ ~ ~~ r ~ S ~~~~ t ~ f ~ C~r~ . [; ~ ~i ~ ~ ~ ~ ~. ~$ y,~ ~ ~ ~ t ~ C K_ ~,. ,re:~~~~: ~ ~ r ~y~.~ ~4t r. nt~7 t: ~ ~ a , I ~ v~~v r %` ~C { i.~ 4 ~y ~--> 3 ~~iEi q - ~j~ i L ~" "7 '.b z~ ~I~"'~~ b C~ ~ f `~ ,i ~~~~yy,, .~ L ~ ~Y';k : ~; _ .s s s; YR ~$~~ k a '~~ a ~ ~' ~~` ~ ~tpsy. :: ~E F7 c .~ ~ .` i~ ~ _: ~~: F ~ r ~~! ~~2` .. ® DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 CITY OF MERIDIAN PL 1.14 aired im rovements must be com lete rior to obtaining a Certificate of Occupancy for the All re p P P q , rovidin b btamed be o c ma g proposed development. A temporary Certificate of Occupan y y Y P 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. 1.15 No signs are approved with this CUP application. All business signs require a separate sign permit incompliance with the sign ordinance. 1.16 Staff's failure to cite specific ordinance provisions and/or applicable terms of the Doris Subdivision does not relieve the Applicant of responsibility for compliance. 1.17 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. 2. PUBLIC WORKS DEPARTMENT 2.1 The Applicant shall install sewer and water mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The Applicant shall stub sewer and water mains to the parcels on the north and east of this development which are indicated on the site plan as Parcel Nos. 81901000100, and 819801000090. 2.3 The Applicant shall coordinate fire hydrant placement with the Public Works Department during plan review. 2.4 During plan review, a looped system maybe required to achieve adequate fire flows. 2.5 There shall be a 10-foot separation between all water mains and the high water mark of any drainage swale. 2.6 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). Submit an executed easement (supplied by ~. Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for ' ~ ~ must be sealed si ed and dated b a Professional Land Surveyor. review. Both exhibits gn Y 2.7 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive ~~ ;. ~ val rior to occu anc .Other re aired development improvements such as fencing, final appro p p y q , ' ~`` '~" micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy. ;Yyi ~~=. ; ~ 2.8 Applicant shall be required to pay Public Works development plan review, and construction ~~'~', inspection fees, as determined during the plan review process. 2.9 , It shall be the responsibility of the Applicant to ensure that all development features comply with '° ~ ` the Americans with Disabilities Act and the Fair Housing Act. 2.10 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting r, that maybe required by the Army Corps of Engineers. ~, - 2.12 Compaction test results shall be submitted to the Meridian Building Department for all building Exhibit B ,r r :; ~~,' ~ ~s• ~1 7. ~ ~, - ~. ~~ {~ ~ ~ ~~ !' . ~ F 1. ,....~'.. .- A•'.. -~~ ~ . ~~ ~ ; ; ~; , .~;= k ~ •' ~ ~ Jiig*i ~ mss` i#~~1,,~a:'y~~,a~~,.~1 r:~~` ~i;"~,<~,t.'~~~,~, ' ~1.5~t r:. ~' '' ~ <' ~, .: C s ; b..i~.n t~, zto ! 9' ! 1 I ~i . L . ~ ~ . , . ;, I ' ... ..i ee~ s are; ':ry sou t?'O;~x "J ~ ~~' ~~' . ti.:L; :4; r' .... yr k +ii 5 .r~'. f " r.•+,, 'i .;'iiary,~ ~e < f= ' '..7•,y' ~ ' r. 1 ' i .d '~ p~ V ^~ i S i i I ~ • P~• r,., ~ i s a 3 I F ~ ~ I} ~ ''t'..:'a~, : - F;y a , F ~ ±:. t, x I ~~' ~`~ Q. ^~ a t~. 1 , "~~ '~, , .. MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 CITY OF pads receiving engineered backfill, where footing would sit atop fill material. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/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 10'. £ Fire hydrants shall be place 18" above finish grade. b' g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. ~. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 The parking lot abutting Fairview Avenue is greater than 150 feet. All roadways /driveways / parking lots exceeding 150 feet in length that are not provided with an outlet shall be required to have an approved turn around. 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 on site. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.8 Where a portion of the facility or building hereafter constructed 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 F ~;~~ ~~~ 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 ~i 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). ~; ~' r$ ~ 3.9 Work out an agreement with the Idaho Athletic Club to obtain cross-access for the front > parking lot. Otherwise, the Fire Department will require an approved fire apparatus turn- ,; around on-site. 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 'a' S. ADA COUNTY HIGHWAY DISTRICT 5.1 SITE SPECIFIC CONDITIONS OF APPROVAL (SUBJECT APPLICATION) 1 1 5 Conditions and requirements for CUP-06-028 shall also apply to CUP-07-014. . . 5.2 SITE SPECIFIC CONDITIONS OF APPROVAL (CUP-06-028) Exhibit B ~,, 7,, ._ t~ "iI r `« I 7 4~ ,. ~~25'7 ).. 4 ~ ': ~ ~r :, `~. f ~ ,~ ~ - {~~~ ~ ~~144 kkkf ,~ kC ~ t ~l [~q Y .. y L ~,.C ti~b,~ h <, r:~~ 3i r -.:~ S s.`7 ~ y~ t /,- i 1 Yl i !~,...:: Y a~ .- YI It ~' ~~ i ~y ; ~} Y :' t: ~ ~~~ 5 ~ • t~ 'h xr'! -~' xa ~p~.'!' .~ i ~ !, Y ~~` ~ri a, ¢~ ~v ~ ~ .. ~ ~ # z ~v Y~7 ='~ ' r'i.a ~, ,~;. ~ . ~ ~ ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 5.2.1 Dedicate an additional ten feet of right-of--way abutting the site to tota160 feet of right-of--way from the centerline of Fairview Avenue. The Applicant will be compensated at Fair Market Value for the additional right-of--way dedication. Construct afive-foot concrete sidewalk a minimum of 53 feet from the centerline of Fairview Avenue. 5.2.2 Construct one driveway to align centerline-to-centerline with Stonehenge Way south of Fairview Avenue. Construct the driveway at a width of 30 feet, as proposed. Pave the driveway its full width 30 feet into the site. 5.2.3 Other than the access points that have specifically been approved with this application, direct lot access to Overland Road and Eagle Road is prohibited. h- 5.2.4 Comply with all Standard Conditions of Approval. 5.3 STANDARD CONDITIONS OF APPROVAL - 5.3.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 5.3.2 Private sewer or water systems are- prohibited from being located within any ACRD roadway or ~: right-of--way. 5.3.3 All utility relation costs associates with improving street frontages abutting the site shall be borne by the developer. 5.3.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5.3.5 Utility street cuts in pavement less than five years old are not allowed unless approved in writing ~' by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5.3.6 A~ 4 :' ~;,~~ ,~, ;;r 5.3.7 5.3.8 5.3.9 5.3.10 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. 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. 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. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the Applicant to verify all existing utilities within the right-of--way. The Applicant at no cost to ACHD shall repair existing utilities damaged by the Applicant. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The Applicant shall contact ACRD Traffic Operations at 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. I~< A u ~: ~ ~ i PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 5, 2007 CITY OF MERIDIAN i 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 awaiver /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. ,...~. ~ ;; }c. '>~ >' 1 CITY OF MERIDIAN PL ~ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 5, 2007 C. Required Findings from Zoning Ordinance 1. Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located; The proposed building and drive-through window on this site can accommodate and meet all dimensional and development regulations of this District. The Commission fmds that the subject property is large enough to accommodate the required setbacks, parking, landscaping, and other features required by Ordinance. The Commission should rely on Staffs analysis, and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title; The Commission finds that the designated Comprehensive Plan designation for this property is "Commercial." The proposed use is generally harmonious with the requirements of the UDC (see Section 8 above for more information regarding the requirements for this use). c. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The Commission finds that, if the Applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of a multi-tenant retail / restaurant building with adrive-through should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. ,~ I '; ~,, _:. ;~ d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; The Commission fmds that, if the Applicant complies with the conditions outlined in this report, the proposed uses 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. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer; The Commission fmds that sanitary sewer and domestic water are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, and ACRD. Based on comments from other agencies and departments, the Commission fmds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community; Exhibit C ~~~~ ~• :~ ~M ri '~i r ~. ia5 5 ;~ :% •+ y~ _j E `+ 1 S, rl is ~•4 75.1` ,r'~, ..lt.. ~, ~.~ i ~.~ ~, _; ~' pY1 ~f .3. [ -. ,.. 4 ~ ! ~L: a• .3.. ~. ~ x;..~ }. F;+.- r~ ji :: 4.. J'ti ~,,x. ~~ ~ t. `- 6.e ~T •,'r t::; ':-Y ~:;' ~3 ~~.. i .-~ r:~ ~. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 If approved, the Applicant will be financing any improvements required for development. The Commission 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. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors; The Commission recognizes that traffic and noise will increase with the approval of a multi- tenant retail /restaurant building with adrive-through use in this location; however, the Commission does not believe that the amount generated will be detrimental to the general welfare of the public. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The Commission finds that the proposed uses will not be detrimental to people, property, or the general welfare of the area. h. That the proposed use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature considered to be of major importance; The Commission fmds that there should not be any health, safety, or environmental problems associated with this use that should be brought to the Commission's attention. The Commission finds that the proposed use will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of major importance. F. ~. '~` ~_ ;I r a~ {',c3~ ~\ e e July 30, 2007 CUP 07-012 MERIDIAN PLANNING 8~ ZONING MEETING August 2, 2007 APPLICANT Larry and Judy Kelley ITEM NO. 3-E REQUEST Findings of Fact 8~ Conclusions of Law for Approval -Conditional Use Permit to allow a 200 square foot canvas carport in the O-T zone for Kelley Carport Revised - 403 E. Second Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~ ~ ~7 CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Dater ~ (~ Phone: ~~ Emailed: ~iC ~ ~ ~ ~®f ~ ~~ Staff Initials: Materials presented at public meetings shall become property of the Clty of Mertdlan. :~ ~~ a` r, d- s ~- y {;,; .j: ~~~I ~,:, _.~:,; 2.: K L CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ti .~. ~'_ .. ~' rt°6'w° sv~ ~A~1 ~ . '~ In the Matter of the Request for Conditional Use Permit approval fora 200 Square Foot Canvas Carport in an O-T (Old Town) Zone, by Larry and Judy Kelley. Case No(s). CUP-07-012 For the Planning and Zoning Commission Hearing Date of: July 19, 2007 (Findings approved on August 2, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 19, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 19, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 19, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 19, 2007, 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 (I.C. §67-6503). The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps ~t,o,.o„~F ~rt,A (';1~c, of MPri~lian hac by nrcl;nance_ established the Impact Area and the ® • I ~; 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Chair of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Site Plan, elevations, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 19, 2007 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 Planning & Zoning Commission's authority as provided in Meridian City 3 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 as evidenced by having submitted the site plan and elevation (no dates) 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 19, 2007 incorporated by reference. D. Notice of Applicable Time Limits ;7 Notice of Eighteen (18) Month Conditional Use Permit Duration wrz ~ Please take notice that the conditional use permit, when granted, shall be valid for a ~'xs~ 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 '' 3:-'''ll 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 fi 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-012 ~~ ; ,, R~, ~r.~ ~F ~ ~ , ~'=,',~~' - .~ _: ~ ` ' ~-' R~~~~ ~~ ~^~~ °~ 4 ~ ,f ~ ~ trc `~~ v},,~~ ;., . ~ ~. ~ ~ E~~ t ~ •x ~~ z ,~ k; 1 i „.17 y{ YM1 ~~ ~. ;~ ~ ~~ .JY~ \ t~±r ~ ~y3`r 3 7 ='~ 1' + ~~- '~S; ~ 1 n~ ~+'y_ 4 ~ 'Y''~ r ^,~ ~ _ w~~ .: ~,~~¢.~ ~,=~ ~-~~ ts~,frXF~ ,''~ ~~~.. {(~ f ~ G1t ~2 h.- .yt; U 1 3 t ~~ 5. ~,x wgy 1~, ,, °~'r~, k '~, , ~ ~r „'7' ® ~, ,, time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. ~ ~ E. Notice of Final Action and Right to Regulatory Takings Analysis ~~` 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat N or 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 ~~, r 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 ,y, 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 19, 2007 4 ~': ~~, h S ,~i 2"-' az:~ ,, .'.,, ,.. .S ` YI CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-012 x~~ ~~~ v-., ~'~ ~ ~ - tl I * d a ^~ R ~t~ ~ 4~ t ~~~ + !3 ~r~n c tx ~~'~ ~bt~~~X- ar't ~ _ ~!~ r ~ - a '~ 1 Std ~F X ~ ~ I > ~~ ~ ~ t r _ k fn ~~, I hvf~ ~} - r; ~ ~ ~~'~ ti ~ ~~~ ~ _ r~ ,~ t ~.4n x'25 r i, .a F K . o yXF y~~+"`~.tt ,` ~ ' ~ ~! r `~ fix? 4 dais; ,~: elk ~+i~ +~.J.Y. tF{ i y' i f~ F {' ~},, j~. `~r~'Z~'r L3 b ' Vti ~~, > r ~~ ~ ~ ` 9`~ ,~^~~,-s~d, .~~~ d~ ~~ "it ' ~ ' = •, a x M ~_ t ~ o„ `.,,r F ~ k ~f __,~~ t ~ ( ~ -Yy r l •• ~~ ~~ .: .{ h~ By action of the Planning & Zoning Commission at its regular meeting held on the day of , 2007. COMMISSIONER MICHAEL ROHM VOTED (Chair) r COMMISSIONER DAVID MOE VOTED~L~~- ~, :. COMMISSIONER WENDY NEWTON-HUCKABAY VOTED 1J ~_ ~.: ~` ~ COMMISSIONER TOM O'BRIEN VOTED ~- ~- COMMISSIONER STEVE SIDDOWAY OTED ~.I®~-e~J~ k~ F &. CHA N MICHAEL ROHM v- ~. ~` Attest: ~~`~~~~\` ~~ ,/~~°~°°°, dw ~ ~, ~ ~~ ~ ~ ~~ ; ~ F; _~ ~_ ara Green, Deputy city ~k `~ ~'~ ~~ -g ,~ p ~. ? Copy served upon Applic~~ap~,t, ~~~ ~,partment, Public Works Department and City ., ,~ ~` - Attorney. +> y r {~ 00 ~. ~ By: ~ l~~~~e~ Dated: ~ ` ~ "~ 07 City Clerk ~ ~~V F Yi ~:', t' ~:. x' } R '~~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 Y X ` V ~ IT ~4, .¢ PF d STAFF REPORT Hearing Date: July 19, 2007 (Continued from June 7th da July 5th, 2007 ~~~~ ° ~` "; ti TO: Planning & Zoning Commission !'~..~ ,~~"~~ ~'~ ~~ FROM: Jenny Veatch ~~°=~~~r ~ ~,-.-, ~~~-~~'---"' ,; 208-884-5533 SUBJECT: Kelley Carport Revised • CUP-07-012 Conditional Use Permit to allow a 200 square foot canvas carport in the O-T zone by Larry and Judy Kelley. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, Larry and Judy Kelley, are requesting Conditional Use Permit (CUP) approval to allow a 200 square foot canvas carport to be located in the street side yard of their property located at 403 East Second Street. The carport does not comply with the Downtown Design Guidelines, therefore a Conditional Use Permit is necessary. A previous Conditional Use Permit (CUP-06-034) on this site was denied on November 16, 2006 by the Planning and Zoning Commission. At the hearing, the Commission recommended actions the Kelley's could take that would allow the Commission to approve a carport on this site. Since the previous Commission hearing, the Kelley's have complied with these recommendations. Last year the Code Enforcement division of the Police Department received a complaint from one of the applicant's neighbors regarding the location of the carport. The neighbor expressed concerns that the ~: } carport was located too close to the property line, and positioned in such a way that it blocked a clear line T of site when exiting the adjacent driveway. A code enforcement officer visited the applicants and recommended that they speak with the Planning Staff to verify if the carport was allowed. Due to the fact -~ that canvas carports are not specifically addressed in the UDC, and that the downtown design guidelines of the O-T district are geared more towards commercial uses, Staff recommended that the applicant apply for a conditional use permit to allow for the Planning and Zoning Commission to decide on this issue. As a reference, in all residential districts (R-2, R-4, R-8, R-15 and R-40), one detached accessory building (a building/structure is defined as anything that is built or constructed) that is less than 200 square feet and less than 8 feet in height, is allowed in the required rear yard. , NOTE: The carport has been in place for a few years and is currently being used to store a vehicle. It is Staff understands that the applicants did inquire to the City about whether a building permit (or any other type of approval) would be required, prior to constructing this carport. The Building Department did not require a building permit at that time, as the structure did not meet the square footage threshold for requiring a permit. Further, O-T does not have established setbacks, as several different land uses are principally allowed in O-T. 2. SUMMARY RECOMMENDATION Below, staff has provided detailed analysis for the requested Conditional Use Permit application. Staff recommends approval of the subject application, CUP-07-012, for the reasons outlined in the Analysis and Department Comments sections of this report. The Meridian Planning and Zoning Commission heard this item on July 19th, 2007 (continued from the June 7th hearing due to imuroper noticing Kelley Carport Revised CUP-07-012 PAGE 1 1 t. a~: ,~ ~.~y ~~.;~ ~, t 1~ l-~ i ` _ rvi1~ Jw ,, k ~ r ~T . ~~ a a ^4~~~~~ .~t /'~. '':. qq N 1 1~ f E shy - r K I` ` ~ i r &p ,{ ~1H ti : ~'~ _.. f 7 ~ 'Yl ~~ 4 y ~, L ~,.; y ~ 4 "T I~ +K`* `' ~f! ~ ;~ ~ . ~+~ Rio Jr ... 4 S ~,¢t +7 `t ~5; ~ - ~ a s ` ~' ~` . }~ ~; K H y. .~ t~ ~ ~ ~. ~ , S ~ ~ ~" ~ `~~ ~~ ._ ,_r . ~a ,. ~~ r ~. d ~- ~ t v '':~:' i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 19, 2007 and the Julv 5`~ hearing due to the applicant being unable to attend). At the public hearing the Commission moved to approve CUP-07-012 with no changes. a. Summary of Commission Public Hearing: i. In favor: Judy Kelley ii. In opposition: None iii. Commenting None iv. Written testimony: David and Jennifer Bourff v. Staff presenting aDplication• Caleb Hood vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. None c. Kev Commission Changes to Staff Recommendation: i. None 3. PROPOSED MOTIONS ' Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-07-012 as presented during the hearing on July 19, 2007, and the site plan, no date, with the following conditions of approval: (add any proposed conditions). I further move to direct staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on August 2, 2007. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP- 07-012 as presented during the hearing of July 19, 2007 for the following reasons: (you must state specific reasons for denial.) I further move to direct staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on August 2, 2007. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number ~* CUP-07-012 to the hearing date of (insert continued hearing date here) for the following '' reason(s): (You should state specific reason(s) for continuance.) ~~ ,.:: ~~ ~~ t: ~.:, 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 403 E. Second Street, the northwest corner of the intersection of Second Street and Ada Street, Section 7, T3N R1E b. Owner: Larry and Judy Kelley 403 E. Second Street Meridian, ID 83642 c. Applicant: Same as owner d. Representative: Same as owner/applicant e. Present Zoning: O-T ';~ ~l 4... ~~ <~ Kelley Carport Revised CUP-07-012 PAGE 2 ~;4 c: ~~ ~: tsar} ~.. ~~krw Py?d°.~3 ~ ~:•~fi~5 r~ % F ~ a `kS. ~': n'_ ° ~~~~ ~~~,- ~~ ~: ~. A ~Y rSi ~: ti - ffifi' `µ ~. alt ~•.r i ~\; f} ;..: ~''} h " 1f k - t !' (k. ... ~~',' is C.' :~.j f ~: $ } F CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit (CUP) approval to allow a 200 square foot canvas carport to be located in the side yard of their property located at 403 East Second Street. 1. Date of CUP site plan (attached in Exhibit A): No Date 2. Date of Building Elevations (attached as Exhibit A): No Date h. Applicant's Statement/Justification: Three years ago when this carport was built, the building department told us no permit was required. The carport poles were set in "quick Crete" for stability and a sand and gravel base provided for drainage. Now we have removed the front and first side panels to provide a clear vision triangle. We also acquired a license agreement with ACHD to leave and maintain the carport within the right-of--way along Ada Street (please see applicant's submittal letter). S. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Planning Commission on this matter. b. Newspaper notifications published on: June 18~ and July 2~, 2007 c. Radius notices mailed to properties within 300 feet on: May 29~', 2007 d. Applicant posted notice on site by: July 9~', 2007 6. LAND USE a. Existing Land Use(s): Single Family Residence b. Description of Character of Surrounding Area: This are is primarily a single family neighborhood. c. Adjacent Land Use and Zoning 1. North: Single-family home, zoned O-T 2. East: North East Second Street and single family home, zoned O-T 3. South: East Ada Street and apartments/Duplex, zoned O-T 4. West: Single-family home, zoned O-T '~ d. History of Previous Actions: CUP-06-034 was denied on November 16, 2006 by the Planning and Zoning Commission. e. Existing Constraints and Opportunities ` . ~ 1. Public Works 'E, Location of sewer: N/A ~`~ ~ J Location of water: N/A '' ~ ~ Issues or concerns: None. - 2. Vegetation: N/A 3. Flood plain: N/A ,:~~ "~:~ y 4. Canals/Ditches Irrigation: N/A 5- "` 5. Hazards: N/A Kelley Carport Revised CUP-07-012 PAGE 3 ~!~~' `'< ~ . , ~F, ,f~,+~. ~~~•r~ r ,~ !F .~ ~' e ~'~it . ~ 3r, ~` 'ft ~~-~ -,K~ Air ,f a .. ~ ~'. E '~+ ~ i J~ ' ~`~L.' p ~~, ... 4 .k'~J'S~vn. ~~ (~ ~I { 4 ~ ' `v !~4 ivy / i ~i! E ~~~ ~ d` ~ '' ~ hh~._} ti4 ~~ Y~-J~ J i_ %. k ~ ~ ~ _~. x, F+ 4 ~~~~~ - iyt .~~{{ is ~ ~1 ~~Y}Y}Y} .5 ,r r ? ~e ! ~~ _ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 6. Existing Zoning: O-T 7. Size of Property: 0.08 acres f. Conditional Use Information: 1. Non-residential square footage: 200 square foot canvas carport 2. Building height: eight feet or greater _ g. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the carport is taken directly form E. Ada Street. There are no sidewalks along this street and edge of pavement is approximately four feet from the entry to the carport. 7. COMMENTS MEETING } On May 18, 2007 Planning Staff held an agency comments meeting. The agencies and departments ' present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments '~~ ~ and recommended actions in the attached Exhibit B. ~' 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Old Town" on the Comprehensive Plan Future Land Use Map. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): ~., - Chapter VII, Page 106: Old Town. This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction ofmulti-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements maybe imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The {- boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several '' s' areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the faces of houses and buildings. k ~ Staff recognizes the importance of the Old Town area as the cultural and historic center of Meridian. The obvious emphasis on quality design as mentioned in the statement above is an important aspect of the Old eet in size and there ore does not require a building ~~'sl~ District. The ca ort is less than 200 s uare f .f Town rp q jy. _. ~, permit. Staff believes that this CUP application does not meet the intent or vision of the O-T istrict as -~•tl' described in the Comprehensive Plan. However, there are some circumstances on the subject property "~'~ that staff believes warrants approval. Further, staff believes that the intent of Old Town is geared more ri +c towards commercial development and re-development of properties. This is not the subject case. k: "~ 9. ZONING ORDINANCE a. Allowed Uses in the Traditional Neighborhood Districts: UDC Table 11-2D-1 lists the permitted, accessory, and conditional uses in the O-T zoning district. Canvas carports are not specifically addressed in this table. The Planning Director has determined that the CUP f process would be best suited for this type of structure and associated use. b. Purpose Statement of Zone: The purpose of the O-T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Kelley Carport Revised CUP-07-012 PAGE 4 i I ,~ ,,t ra ~, ~ ~ ~~~ ~c ~>f a~ Y: ~ J s,, ~~~' `~ ' ~' ~a ~~ a ~.~ ':,. S ~ ~~ ~~ ~ r ~~ar~ ?~' y ~, ~tP s ~~~~Nr ~3+ yi.~.~ ' ~ - f~ 'S M ' ~~ ~ ~f ~i; ~ ~~ ~ - ~ f to ~ `~: ~`~ ba ~~, ~~~ a , 4 ~yx~p Vii` ~ ~~, ~''~` ~.," d~ j 4~ ~ ~ t sl tp .. `t ~ ~, ~t ~i R •~~~ ~ s ~~' S t, f ~6 rya ~ ~' ± r !t ~ ~ ~ ~ ', t ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 Comprehensive Plan. The intent of the OT District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessazy to establish a truly urban city center. c. General Standazds: The majority of standazds that guide development in the O-T zone aze set forth in the document Downtown Meridian Design Guidelines. This document was primarily designed for commercial uses in the downtown core. Further design guidelines for residential uses in the O-T district aze being developed but no specific standazds have been adopted by the City. d. Cleaz Vision Triangle: UDC 11-3A-5 describes the measurements of the cleaz vision triangle. This clear vision azea is designed to ensure the safety of pedestrians and motorists at the intersections of two public streets or the intersections of a public street and driveway or alley. This CUP application deals specifically with the intersection of a public street and a driveway. The clear vision triangle in this situation is measured as follows: For a public street and driveway or alley, the azea is defined by measuring from the ~' intersection of the edge of travel lane and the corner of the driveway or alley twenty feet (20') T along the roadway and ten feet (10') along the driveway or alley. The subject carport encroaches into the required cleaz vision triangle. However, the applicants have removed the front and first side panels from the carport which now allows a cleazer line of sight from all angles (Please see photo exhibits A.2). 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ' ~~ Due to the unique nature of this CUP request Staff believes it is important to provide more detailed background information in this section of the report. As stated eazlier, this carport has been in place for a couple of yeazs and is used to house a vehicle. At the time the applicants decided to erect the carport they consulted with the Building Department to see if a building permit would be required. They were told that a building permit was not required for a structure of that type and size. Unfortunately, and by no fault of their own, the applicants never consulted with the Planning Department and went ahead and placed the carport in the ~•_ ~, location shown in Exhibit A. ~~=< The carport recently became an issue when one of the applicant's neighbors made a I complaint to the Code Enforcement Division of the Police Department about the location of otential safety hazazd that it created. A code enforcement officer visited the and the car ort i p p , applicants and informed them of the situation. The applicants were invited to consult with the Planning Department to determine the best course of action to legitimize the location of the ,; ; carport. Usually in situations such as this Staff is able to refer to the setback requirements for '' N4j the zoning district, and determine if the structure in question meets those requirements. For ~~~= example, in the R-8 or R-4 residential zoning districts the street side setback to a gazage is 20 fit{ ~,~ feet. Unlike the standazd residential zoning districts described above the O-T zone uses the document Downtown Meridian Design ('guidelines for the majority of its development standazds, including setback requirements. Due to the fact that this document was designed primarily for commercial uses in the downtown core, the setback requirements are intended for retail storefronts that would abut the sidewalk. These zero lot line setbacks were not intended to be applied to single family properties. Residential design guidelines for the O-T ~- zone aze being developed but no specific standards have yet been adopted by the city. The Kelley Carport Revised CUP-07-012 PAGE 5 ;:. r r' tr '* 1 ?'f ~~ k i L. _ !.G (i' ~ , E~ ~i n i ;~, `' ~ ~ a ~:~~.~:,~ c.rr-; yx,` t; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 19, 2007 UDC compensates for this (UDC 11-2D-4D) by requiring a conditional use permit for any applications that do not meet the criteria set forth in the Downtown Meridian Design Guidelines. Staff determined that the subject canvas carport was cleazly outside of the intent of the design guidelines and therefore would be required to go through the CUP process. Through the first CUP (06-034) process, Staff identified various issues and concerns related to the location of the carport. The Planning and Zoning Commission addressed these issues and the applicants were directed to take certain actions to bring the carport into compliance. The applicants have followed the Commission's recommendations and aze submitting their request for the current CUP-07-012. These issues and the subsequent actions taken to address them aze outlined in detail below: Clear Vision Triangle: After careful review, which included a site visit, Staff determined that the subject carport encroaches into the required clear vision triangle in this azea. One of the main purposes of the cleaz vision triangle, as described in UDC 11-3A-5, is to ensure that motorists and pedestrians are able maintain a cleaz line of sight at the intersection of a street and driveway. As the "Before" photographs in Exhibit A show, the carport is located directly adjacent to the driveway of the neighboring property to the west. Before, the location of the carport almost completely blocked a driver's line of sight to the east as he or she exited the neighboring driveway onto the street. This situation created a hazard for both motorists and pedestrians traveling along E. Ada Street. The applicants have now removed the front and first side panels of the carport (see "After" photographs in Exhibit A). A much clearer view of the street and neighboring driveway is available now to both motorists and pedestrians. Encroachment into the right-of--way: Upon consultation with ACHD and a review of property lines in this area, Staff determined that the carport appeared to encroach into ACRD right-of--way along E. Ada Street. ACRD informed Staff that a license agreement would be required to place the carport within ACHD right-of--way. The applicants have acquired a license agreement from ACRD, #0731-1832-0107 (see ACRD letter in Exhibit A.3), which allows them to leave and maintain the carport in the e~sting right-of-way along E. Ada Street. ;:I ;F __ "i ~ y~`t l . `~ ~ Design: As mentioned eazlier in this report the UDC and the Downtown Meridian Design Guidelines do not specifically address canvas carports. The carport structure, as well as many other residential projects staff reviews, does not meet the Guiding Principles of the Downtown Meridian Design Guidelines. However, it does allow the Kelley's the opportunity to pazk and store their caz on the majority of their property. With that said, Staff is concerned about these types of structures being located adjacent to public streets on this site or in any area of the city. Typically, Staff believes that semi-permanent canvas and steel structures such as these should be located out of the public view. However, because this is a corner lot and there is very little area to construct a "permanent" structure/gazage, Staff is supportive of allowing the subject carport. This recommendation is not typical, and Staff cannot envision ",.,rhPr ~.,cranr.P wharf wP wnulrl cunnort a canvas structure in Old Town. F +•f. ~.- ~. I. r._; _ . • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 ~~-s 11. EXHIBITS A. Drawings .: 1. CUP Site Plan: No Date a 2. Carport Pictures: Before and After (10) 3. ACHD License Agreement Letter ~` B. Department Comments/Conditions a 1. Planning Department 2. Public Works Department ~' ~ ~ ~~ 3. Fire Department g?; 4. Police Department } ~ F 5. Ada County Highway District 6. Central District Health Department- Environmental Health Division r' 7. Nampa & Meridian Irrigation District C. Required Findings from Unified Development Code 2 r: ;' ;; ;;. ;,-,; ~~ _ ~ ~~I ,' :-~ Kelley Carport Revised CUP-07-012 PAGE 7 . ;, ,~ ~ 4f; ~w If 3 w y ~ ~ _?~ ~' L~ l _ 1} ~ 't a 3 ~ " ~~ ' ' i ~' ~ , ? "r ~ ~ ~ 1 Y { s~} ~~ ~~ ~q {~ ~ _ ~~~ x L,. a' f:... s .Y, r ,, ,.~ #Nv:,-.~~, ~ ;~ r C ~~"~~fy.,;~ s ~ s ~ ;- a x ~ t ~, - ~ r ,~ ~ ~ ~ 5 ~~ S .,y C~' Y ~Y~ q '~ ~~ t ~ 'L'r}ti?tt i ~ ~ 4 l~ yr ; ~ k j.~ s # ~ ~ u 4 ~ m ~ ~~ 1~ t ~' ~~'~ t t f-: r ~q 1 --_ 4. ~Ft rgxa v F~ tr,e; t r F t r ~£: 0 i 1 `~..y~ ~r '1 6t~ 4a t~~ 2 { 5 Y~ ~' S " ~ t AE 1 F 1'i ~ i. ~~ rtr3 - .. ~ ~~ 1 t7 ~,y ti * r.~ - .. ''t 4 '~'~ ~A ~ - [ i~{ti( ~ ~y'~C >r.. ~.iC`Mi 'n~ ,; }~, ~~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 Y I `~' ~~. tr_ F "' c ~$ ~'i,' A. Drawings 1. CUP Site Plan a~~a `~ ~' ' G o `o U S ~' n ," p~o 3 7' -~ 0 n o 0 ~'~ ~- Z I ~, .~ ~; m n i~ ~ ~a a~~ ~~ ~ ~ ~c i cn ~ h ~ -~ w ~,u~d L M q~. ` v v ~~ ~e ~~~ ~. ~ ~~~' °a I r I "~ ~: ~s ~~ ~_' i NF, .: ~~~~~'q~`, F ;'., h l' :5~ , F ~~~y , ':' rU'' sti ~5.- a:' ._ f i ~~ .t _li ~(,}, 'l CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 19, 2007 2. Carport Pictures Before: View looking east down Ada Street. The neighbor's driveway is shown where the truck is parked and the maiority of the Kelley property is behind the carport. ~~s , Exhibit A Page 2 y~ ? f~ .. b~ Y .S ~. R. Y l~ $ a,Y aYr ~ ~ i~r` i a f 1~it~T^"r N ~. ~i ~~.~,,~. ,~ [ f~ u 1 ' ;- t.' ~ ~ ~~_ #~ ~~~~ :? ' k„~rA u ~ ~= ~ ~` ~4 ~`~ 4 ~kE3~i v - ~ F~ ~~yr ~j ~' ~ k; ~ ~ t ~pp,.~dE 1~ l~ 3 `„ ~ .' { r ;. = rat . t a `~ ~~~ ~~ ~.!~ ~4 k yV~`~ HR i y,~ ~FJ } h ~ ~ ~. , ~t l,~ -~ ~4 ~~ [.~ .~ :K} 1~ jk '~ ~F . ~: ~, ~~[a F • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 After: The front and first side panels have been removed. Exhibit A Page 3 CITY OF MERIDIAN PLANI~TING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 Before: Another view of the neighbor's driveway and carport. _~ I - ~ , t '- ~~';:, Exhibit A Page 4 ~,~~:, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 After: ~A., i ~ _. ~ '~ .,:: ~_z, ~~.~ _. ~ ,,~ ._ ,~ : ,. -~ ,.. ,~ n ~ r i ~ ,° ~:.. ;~~, .. ,_ 1.._ - ._ ~:~,_ ,, , , Exhibit A Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 19, 2007 Exhibit A Page 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 After: ~~,:- _ ---~~1 ~~~ -- 1 ~~ t G~~~~, F~6 ~ :.. +S y~ j~l~ p N 1 ~ ` ~~ 1 ~,r~ .x~~~1 RS v, , ! f;, ?~, ,; ~~< f ~ '' ~~~={ \ ~` ~ xr ~', ~- e ~~ ~~ ~ ~ ~ i/_ ~`r # r',C "fit ~ ~ ~ ~. N F !" ~ o-rw .; ~~~ ti ~ ~,~t ~ ~k ~, - ~ ~ - I Exhibit A Page 7 y s ~ u ~~r , t t~`;'; It r ~i rv r ~ ti - - '.ify~il` - S~ ~ a ~~~"~~~~ . ik4 Y~ t nSS r [~ i .r v^ ~~ .::A ~< s K 4+~~ `z t - '(~ 5Y-v 4 ,~, p. k' '~ L~ ;~' ~ ~ ~ ~.- iltr' pA 7~ f(}~ ~ r w r~`~ { :. ~ }'~' ~ ~~ ' i i,.r ' ~:~~x •T:.,:- t _ ~ r, - ~ '~ P f~~ ~ ~ ~ ~ ~ c, ~.. ~•s AaK£t "~ f `: ~rk~w,e f~ x~i ~~ ~~t'n i ~ty ~~ j. ` ^'z: ., ~a ~~ c CS~~~~ ~ 1 4 YKxV 1..1..-y '~:~' ~~~;; e a CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 Before: This view shows the carport and neighbors property and demonstrates how the carport encroaches into the clear vision triangle. ~~ 3 ~=~' ~ ~~ *~ Exhibit A Page 8 ~; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 After: With the front and side panels F~. «~ ~: a -y'~.1~ ~ ~ ~ '°, ~A ~ ay ,_ 4 r ~ ~ ,m` '`- "~ ,. ~, t ~..~ ,~ ,,. "<` ~~'~ ~ ~ c ~ ~~ ~` -- ~~ ~ _ __,. k,f~ >; ~` y r .~ ~' Rx. I`~ v.° ~k fl, M ~. I ~< " I ~ ~ ~~i> r C,i j. }~ #~ A. Y. „ Exhibit A Page 9 >s~ r,=.; h 1 ~ ~ ~~ ' hi ~~' t.: ~ - t~~ It 5 ~ ~ ~; ~ ~i° Y.. ; >E ~6~ z-.' ~f £ i `~ „ ~~ C~~ tei '' i ~. ~ ail ,.r j ~~ - .... _ } a~. ~ h .:Lr :. ~ ,.'. ~{, , ,; ~~ ~; {` ~ -'~ ,~ k ; n ~~ ~~ ~ ~? E E~ ~, 4 k ,~ } ~a < ;" ~~~ ii , `~ ~ ~ ~ ~ ~.. i s: ~„_. 6+ x - ~ ~ cF'i ~ } ~~ Y.. . ~, s c•~ ~ {s '~-~. s ~r j .° ~~~ ~'~_'` t ~ - ' ~~. M sd i ~ ~i x ttg u~,i+ 5 z ~.~~~ ~ ~`~ r z Y ~~ ~ n~ -~ ,~$,, f * ~ I~~'~ ~ •;u~ o- y: t t , F ~ L } ~ ~ r [ ~ ~ k ~. ~ t~ ~~,~ '. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 Before: This view demonstrates what motorists traveling west on Ada Street may see. Note that the truck behind the carport is out of view completely. ____ ..,~5 ~ ice. Exhibit A Page 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 Exhibit A Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 3. ACRD License Agreement Letter January 10, 2007 John 5. kanden, Resident Babette W. Arnde, 1st Vhe Resident Sherty 0. Huber, 2nd VM:e President Dave Givens, CommLBioner Carol A. McKee, CoI1lmlssjofMr Mr. and Mrs. Larry Kelley 403 East 2n° Street Meridian, ID 83842 Dear Mr. and Mrs. Kelley: The License Agreement to leave and maintain eJdsting canvas carport within the public right of way along Ada Street for the property located at 403 East 2n0 SVeet was considered and approved by the Ada County Highway District Please remember to call Construction Services at 387-8280 to verify 'rf any additional Construction Permits are required. EnGosed is your copy of License Agreement outlining all the terns and conditions and assigned #0731- 1832-0107. Please use this number in all future correspondence regarding this matter. Sincerely, AjD~A~.000NTY HIGHW~,`AY (DISTRICT '~L2'~I1 ~ ~~.G~, Karen L Amold Right of Way Account Clerk ., Enclosure ~~ t ~'~ ,:; ::I 'F` Exhibit A Page 12 .{~ i f:~ ~r: <r""`: ~~ -, 1 ~ 4 ~_ y ~ r ~. ~ S ~ ] :I.. r i ? } [- L ~ Kt~" + ,~- '1 i b r ~1:'~.', f ~.:. Y~:: -y .. - t rF;;.~ _ Y~ ; -` .S CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 B. Department Comments/Conditions 1. Planning Department 1.1 The applicant shall be allowed to maintain the existing carport structure as shown on the undated site plan in Exhibit A, provided the front and first side panels remain removed from the carport and a clear line of vision is kept. 1.2 All landscaping next to the carport shall be trimmed to maintain a clear line of vision in the sight triangle. i 2. Public Works Department 2.1 The Public Works Department has no comment on this application. 3. Fire Department 3.1 Building setbacks shall be per the International Building Code for one and two story construction. 4. Police Department 4.1 No comment. 5. Ada County Highway District 5.1 No comment received. 6. Central District Health Department 6.1 No comment. r 7. Nampa & Meridian Irrigation District 7.1 No comment. `,~ ;~ t;. t~l ~."';Y % h' ~~;~ ~ \r ` •:.I i.-.' ~w ik ~. '~ `~ Exhibit B Page 1 A ~ y ~~ix. tiYT" f~''~`3'•~f'i ~i r ~~ ~~~ ~ f }! r ~ rr f, 1 I. ~ 11 i .. ~,i, ~ ~ ~5~ i ~•r S: + `~ ~' ; ' ' ~ ~ ~. ."' ~~'fJ,~y,•~ r1P;iCt, ~ .i 9•~~ "-its~ry'_ k.: i 4AG :;p' 5•/. '+1';4 ~.`, rsi;; `Yfi.tw ~~fd~, f• .'s ,X ~9 . g '#,~ ~ r i . i i ! ice.. .~~L•d ` • Y, I f°d + I I r . ~ . )'.~ {. r e,~, ~ ` .Sl:;:a ~i } r`i , ,I n. ~P ~.t,` . hc ~ jrj ::7. ~'A~ k: c ~ s. <aN E"~ ` , A, 1 `y"Er.•~~` ::Y:,Y~r7?•x+y`ls'n ' ~,r l i. { I .~~5 tt '•~~~"b^r$y .. r f f,`~• E :~ s '.:j, 3i . F4" . { ~, r ~~r ~V, ~ n ~. ,ms r , '-~+ . xi- +l.~ e gig;;:, :arK¢~:~ ~~ a• :'~ a {~ I ~ - .iuA ~:,i~va <. ~ F';;,i, . ~ y i' i ..~ ~ 6> i^ t { ~Y,.,r. isY-~` .A.. • k : ..'~ ~~ .'Li pr:2.2, -.f`: ~#"~ . .y' • . :3%. ~ i _ . is ~• ~~ij{ i ':E.A~;; >%.~'r ~~ a~ $ ' ` ~ ~ . . . ~~:~ •. .~F ,, . ! a., ... ~lF. ~, ; . „~ l. i.l~ ks r S.m ,. , :.. .. , f'. i; J ~ : 777 !4, p$i {. • • t 4 s ' ~:'r ,'rr~',i7~,,K..; liT~" (ri . ! } ~ ~ ~r,,`~ A $~i~. ~ 3 + q i x. .,.,~ a.K ~ 'stir # i r ~ S ~` . ., ~: v'~~ ~'^ _,#: F ° 7i `~ ti^ . " {~;'^'.~p•, , r r .+r ~ - l ~ .4 ¢ Y . i, . f `a ~' I t •. q.. a ~ r i ~ 1.n ` ` 2 ' a , . r;, ~ ,~ 4 ' , + fir,^~ x` '~~*,.~ ~,,r ,• ..A~t~t ~` ~' t4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 C. Required Findings from Unified Development Code a CUP Findings: 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 Commission finds that the portion of the site where the carport is located is not large enough to accommodate the carport structure without encroaching into the right-of--way. However, due to the location of the existing home and trees, and the property being on a corner lot, there is not a viable opportunity to construct a carport behind the house (where there is land available for a structure of this size). The UDC allows properties/uses in Old Town to apply for CUP approval when all the dimensional and development regulations aze not being met. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Commission finds that the designated Comprehensive Plan Designation for this property is Old Town. Commission finds that the location of the carport structure is not consistent with the purposes or intent of the Old Town designation. However, the Commission finds that this use is appropriate for this site, and this site only, due to unusually circumstances. C ~~`.I ~;~: at 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Commission fmds that the carport structure is generally compatible with neighboring uses. However, the location of the carport structure, neaz the street, is not ideal. Commission also finds that the intended character of the Old Town azea would not support such structures typically to be visible from public streets. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. A letter was received from the neighbor stating that even with the front and side flaps removed, the carport creates a visual safety hazard for motorists exiting the adjacent driveway and motorists driving on E. Ada Street. The letter also states that the structure is non-aesthetically pleasing from their property. The Commission shall reference any oral or written public testimony provided regazding this fmding. The Commission believes that by removing the front ... .. . .. _~ .______~__ _ 1__aa_..ti~..,~F.....l.t:..41.0..lonr~neinn friannlP CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACRD. 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. The Commission fmds 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. 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. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The Commission fmds that the proposed use maybe detrimental to people, property or the general welfare of the area due to the potential danger to pedestrians and motorists caused by the placement of the carport within the clear vision triangle. The Commission shall rely i upon any oral or written public testimony provided to determine this fording. '' ;' 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. The Commission fmds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Exhibit C Page 2 4 'qua'` t Y: ~~ ~~~ J } ,, ~. I k't 'C 4r i.~ ._, :~3 H:; i^ Mt .~i t ~,~"f~ ~P t ~i• i,4 F y L- i ~ •~ .F: ~t - ti ~. ~ l ~~~ Y '(~ Y - ~ 'F~-i y,,, ~:_ti d ~'~".S ~' ~-'Jy' .t: 4 r r,. r ~~ . ~y ..h c V ~~CC( ~+~ Lw~Sh ~~~"~ ~' ` ~~ ~~ 1 { ~ ' }{~~` f ~ _~ f ~4H }~w.i S ~~, ! ~ 3 t r'~,K~ s F$.i ~"'7 ~ ~ i } ~ . ~ :, • ~1 :~ `' r>l <4~r -v~ July 30, 2007 AZ O6-0b3 MERIDIAN PLANNING 8~ ZONING MEETING AUgUSt 2, 2007 APPLICANT Waltman, LLC ITEM NO. 4' REQUEST Continued Public Hearing from 6/7/07-Annexation and Zoning of 38.68 acres from RUT and R-1 zone to C-G zone for Waltman Property -505, 521, 615 8~ 675 Waltman Lane AGENCY COMMEMS See Previous Item Packet /Attached Minutes CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Request for Continuance CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See Attached Comments SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pub~e meetings shall become property of #re City of Meridian. ~~' ~ ri r ~'- + ~3 .. a }: . ~ ~, ~.. ~ ~~ ~ }~ t ~ ~ ~ ,% ,: ~ ~_:r ~; ~ ~~ 4,. Lf _ ~ ~ 1. '~ f ~ " 1, ` ~~ ~,. ~ ~FS •{C i 4 ~ ~ irtt S f ' 4} } ` F ' r y ~ ~ f R flf~ t t;~ f '• . 7 ~ ~ r ~ .-t ~~ 4. ,f ~ n`~~4? l ~(~ ~. 1 r ~~i ~ $t ' z ~-,Y ~ , .r,.~'. 7 _ _, ~ 1 C ... 71F`.., µ ~ ~ ~ k i",. __ _ .. Y? 5/ ,..1 .. .r • July 30, 2007 CUP 07-013 MERIDIAN PLANNING 8~ ZONING MEETING AUgUSt 2, 2007 APPLICANT Steve Pclydew ITEM NO. 5 REQUEST Continued Public Hearing from 7/19/07-CUP per requirement of the DA for detailed site plan apporoval of the Cherry Lane Christian Church site; request to exceed the maximum building height in the C-N zone as allowed by UDC 11-2&3.A.3 & request for an urban farm use in the C-N zone for Cherry Lane Christian Church-i 75 N. Ten Mile Rd AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ;_ : ,, -~ CITY SEWER DEPT: ,, ?<~ CITY PARKS DEPT: ~~~~ MERIDIAN SCHOOL DISTRICT: 'Y~' , SANITARY SERVICES: { ADA COUNTY HIGHWAY DISTRICT: I :"'Aj CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: COMMENTS See Previous Item Packet /Attached Minutes See Attached Staff Report QTHER: See Attached Comments by ITD Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CHy of Meridian. ~, T ~~_ + ~ ~, ~:;~ { ~ Y y S ~ {~ ~a ~~ 3 •t ~. ~ .~ ~ i~y y ~ ~ ^l , ~ y l t r Y ~ s ; ~,.. t ~ _ `r! A y~ Y '~' ss 4~ ~(~ i 3 : - L ~':i ' 'i ~ k~ I~ ~' fY ~ y_ .~.~ .. "~'hlt.. ~ C'3. ~'. ~ T: ~ 1 ~l ) y N `l c,f. t~~ ~, ~ ~ ~~ w V 1 tx S ~ C ~ F3 ~1 1 Y j,'P~ ~~r ' .'zh`R+ ~ lL I~ t~ ~ '> ~ _ ~ tr = ~- z z t 1` ? _,~ ~ i~E ~ ~ ~-., ~ Il a a, ~y t; 4~ it r i ~C-}_fi " ~1~ . J ~ r . ~~~ ~~ !` ~ ` ~ t . f ~ r S{~ ~ ,r $ ;,~ .g µ !` r` '' ~ ~~~'~ July 30, 2007 CUP 07-013 MERIDIAN PLANNING 8. ZONING MEETING AUgUSt 2, 2007 ITEM NO. 6 APPLICANT Steve Pardew REQUEST Tabled ftom 7/19/07 - FFCL for Approval: CUP per requirement of the DA for detailed site plan approval of the Cherry Lane Christian Church site; request to exceed the maximum building height in the GN zone as allowed by UDC 1 l-~B-3.A.3 and request for an urban farm use in the C-N zone for Cherry Lane Christian Church-175 N. Ten Mile Rd AGENCY CQMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: "~' ~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: •;'1 MERIDIAN SCHOOL DISTRICT: ~~'~~ '~~~~ SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: r ~~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials pres®nted at public m®etings shall become property of the City of Meridian. ~' f ~t zk ~ ft .. ~[, i'i f ~~ ~ ~ i~0 r ~ ~~ - ~~ d.~~ ~ ~t k ~ ~1; ti~~~ _ 1 { M EI N 1 :f4~ r ~ h, l~. ~ `r #° ~~ i,;. 7 ~~ `~' ~~ '~ ~' 'i ~ y ~ ~~ , t ~~ ~ z; a~3 `~ ~ ~ j 3 , ~ ~~ ~~ `~ Ip~ +. j d r., ~< ~ ~~ ~ ~~ ~ ~ ~ r ~h g . '1 . 1 ~ i, '*~ ~~ .;. E' !~~ r July 30, 2007 PP 07-013 MERIDIAN PLANNING 8~ ZONING MEETING AUgUSt 2, 2007 APPLICANT DBSI Meridian I&4, LLC ITEM NO. 7 REQUEST Public Hearing -Preliminary Plat approval for 11 building lots 8~ 2 common lots on 26.35 acres in an I-L zone for Kennedy Commercial Center - 1250 W. Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: See Attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: BOISE-KUNA IRRIGATION: No Comment INTERMOUNTAIN GAS: OTHER: See Attached Affidavit of Sign Positng _ Contacted• Date• _ Phone: Emaiied: Staff Initials: Mcyterials pr®sent®d at p ublic m®etings shall b®come properly of the City of Median. • CUP 07-015 July 30, 2007 MERIDIAN PLANNING 8. ZONWG MEETING AUgUSt 2, 2007 APPLICANT Dave Evans Construction ITEM NO. '~ REQUEST Public Hearing -Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness - 3220 N. Meridian Road AGENCY COMMENTS CITY CLERK: '~ CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Staff Report CITY ATTORNEY i ,~ ~~ ~:: ~h!.N i, KE, <<;\\,. CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' iRRIGATlQN: IDAHO POWER: INTERMOUNTAIN GAS: No Comment See Attached Comments No Comment See Att®ched Comments OTHER: See Affidavit of Sign Posting /See Email from Vance Barbour Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Gity of Meridian. ~. r~.~ ~,i '; l~'~:~.r. ~` `~ ~~.. ;;~. ;:: r~ '_t '6-:;' r`.:, .:~: x: ~.. ~i~ ~. -x_. "2''{; _,, .,': ': _ ;.~, ~ Fl~~ A_';~,~ 'd,t ;} st ® o July 30, 2007 CUP 07-015 MERIDIAN PLANNING B~~ZONING MEETING AUgUSt 2, 2007 APPLICANT Dave Evans Construction ITEM NO. 9 REQUEST Findings of Fact and Conclusions of Law Approval -Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness - 3220 N. Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: II®~ ~` CITY PARKS DEPT: ~A MERIDIAN SCHOOL DISTRICT: ~ I s e SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: P Dated 3~ 6~ Phone: ` l7 Emailed: ~o~~IJ~s (p ~~ Qi~VQ„(~ i G~GI /~11 ~~ ff Initials: /~ Materials presented at public meetings shall become property of the City of Meridian. ~= "° ' AUG 0 ~ X007 '' Cite' ~' eridian ~~~-~1~ ®~~~ M ~~ ~~, , h~~~, __~~,~ Y. ;~;;;> CITY OF MERIDIAN ~~~~~~ ~~~~ w~, ~~ ` FINDINGS OF FACT, CONCLUSIONS OF , ~, ,~•~~f~ ~ . r~x ~ LAW AND A ~ ~~, 3 f ~° -r.~~~ "'" `-`~» ~Y`~~h.~~ `~ DECISION & ORDER <. , ~ : ~ In the Matter of the Request for Conditional Use Permit (CUP-07-015) to allow an indoor recreation facility for Anytime Fitness in the L-O zoning district, within Sundance Subdivision No. 5, by Dave Evans Construction. Case No(s). CUP-07-015 For the Planning and Zoning Commission Hearing Date of: August 2, 2007 (Findings ~:-' approved on August 2, 2007) ' j ~i „,~?~I Lai. . <~: ~~I R; A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 2, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 2, 2007, incorporated by reference) 4_ Required Findings per the Unified Development Code (see attached Staff Report for the ~~ ,~. I 3. Application and Property Facts (see attached Staff Report for the hearing date of August 2, 2007, incorporated by reference) 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Site Plan, Landscaping Plan and Conditions of Approval all in the attached Staff Report for the hearing date of August 2, 2007, 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 ~. ~~:~~ _'~fij y; ~~,~"1 Pursuant to the Planning & Zoning Commission'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 request to allow an indoor recreational facility within the L-O zoning district on Lot 10 of the Sundance Subdivision No. 5 is hereby conditionally approved. 2. At the public hearing, the Commission approved the project and added condition of approval 1.9, limiting the hours of operation from 5 a.m. to 11 p.m. as shown in Exhibit B of the attached Staff Report. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of August 2, 2007, 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 F. 'F: _~ ~: I ~~~ void. Upon written request and filed by the applicant prior to the termination of the I ~- period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the i time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. 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. 5 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. ~I F. Attached: Staff Report for the hearing date of August 2, 2007. r. _I CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-015 ~ ~ ^r•~4 ~ f t ' ~ ~ tf ~ 'tt•"[i }ffi Zh' A .~g. ' ;3'; T ~ ~ ~ i(i 1 Y ~ .' x'.Y tF'. Sa'. , ' ~ ~ A:: 1 ~ .~~''I",' $$ i;. ~~t }'C'~ } }+•,~`}~ '?7.~'seJ~~~ ~i '~. i =~~ ~~ 3'~~:r .. {'. '4 i :?~F KM s l. ' }.. •i•i ! ( ~ ,`~' 1 ~ 'la~ b 3 h ~a ?' ~'~. f i ~ .c ~I -1 Yr .I ~ f ! _.t~ ..~ I,< •x . <~14~~.L -xY -~ _:.<~.g a:;.:.. ,~•'.1u F"-$!;', ~1 S' ~.. .;~ '; µ~~~"ii(• .Y'i ;Y vie < ~. q^ .} A tY"'~ ~ i ~ < rl 1 C `{~~i `yF 'n, ~~'°:fi ~.• . y t3~., ..~•:_ , .~ ~ ? ' dd .a. . ':-~ `?'~'~•: p ' - - i I ~ r y~. i f ..r~r ~ i; h y~i CI } i r R~ • ~ 1 @` <' fir. 11 V l5. a ~: 3 )N ~ ~ ~~ , ' ' ' F ° .p S! .~~ ~ f'eX'7+ti~~ < tt;:~~`,. ' $'~~,R." ~ I } { ~ i' ' '#:H.~y nJ ""''66 ~ f 3, . i'n , ~ 'b'.[ .~f ~-r ~S. .~. SY. cvi'P ~, ~ , pT .~~ r ffi:r ~F, ~ c r J K~ x, . :. .~ a , ~I { ~~~ , # ~:::t1. . ~,: •e':.;,x,* ,~:14 f , <.. ~ n-'~;L.f'~ ; 1 i i. ' ;~ . ~ 1 . ~ ~ ~ r n 4 ~ a . , . C . • ••i . A ? 3YCi }~ ~ F -. S ~, . l ~ , . j . a, ~ .. ~ ~ ~ . }~ .. ~' .a ~ ~ Yx ..a. ! w, -.m. . 1 _ I 11 i s ' f~ ~ ry i .~ f S ~ a.s . is I V ~ i ~' x ~ I ~~: •• ~ ri .`~ .'•. `: i~'.. 4 , 1 4 L q { i A'~ ~ ~ ~ F ~i ~ r ~ 6 I. y 1 I p7: :i ~r ~:.., ~ '~ ~~~~ 'ti . ~ : ,.. . ~2[ ~3 r g j!~ 7~ By action of the Pl 'ng & Zoning Commission at its regular meeting held on the day of Ge. [~S , 2007. COMMISSIONER MICHAEL ROHM VOTED_ y~ (Chair) a COMMISSIONER DAVID MOE VOTED_~C~ 1~bSU'tk .~ ~+~' ~~~ ~ ss ~ o ~~ FQ ~ 's: ~~~ .i..7 _ n7 " ,. _ ___ __~__~ __~.._ w,,.«1;,..,«~ rf'~~ >~in[r Tlan~„t Pnhlic Works Department and City COMMISSIONER WENDY NEWTON-HUCKABAY COMMISSIONER TOM O'BRIEN COMMISSIONER STEVE SIDDOWAY fib; x ~~ ~. ~:~ ~x C. Y r'' t~{`.; I :; ~,. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 STAFF REPORT Hearing Date: TO: FROM: SUBJECT: August 2, 2007 Planning & Zoning Commission Bill Parsons, Associate Planner 208-884-5533 Anytime Fitness • CUP-07-015 `" s ~'y ' -~" ~ a~, ,~ ,e~~_F~ ,~T~ 1~a ~1 - ~ o, i~~:~a~a~ ~, ~, ~,~_ ~~ Conditional Use Permit to allow a fitness center within an L-O district, in Sundance Subdivision No. 5, by Dave Evans Construction 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Dave Evans Construction, is requesting Conditional Use Permit (CUP) approval to allow a fitness center within the Sundance Subdivision No. 5 (aka Settler's Crossing). The applicant is proposing to use the site fora 4,750 square foot single story, 24 hour fitness center. The site totals 0.91 acres and is located on proposed Lot 10, Block 1, of the Sundance Subdivision No. 5 (PP-06-014, FP-06- 042). The subject property is generally located on the northeast corner of Meridian Road and Ustick Road and is currently zoned L-O (Limited Office). The unified development code requires all indoor recreational facilities (fitness center) to obtain Conditional Use Permit approval within the L-O zoning district, prior to operation. It is important to note, Staff has approved a CZC for an office shell on the subject site, however, the applicant is proposing an indoor recreational use which requires approval of this Conditional Use Permit (CUP-07-015). 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-07-015 for Anytime Fitness, as presented in the Staff Report for the hearing date of August 2, 2007, subject to the conditions listed in Ezhibit B. The Meridian Planning and ZOIIlllg Commission heard this item on August 2, 2007. At the public hearing, the Commission approved the proiect and added condition of approval 1.9. lmuting the hours of operation from 5 a.m. to 11 p.m. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-07- O 15, as presented in the staff report for the hearing date of, August 2, 2007, with the following I ~' 4 ,e' i . I,~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 07-015 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3220 E. Meridian Rd. Lot 10, Block 1, Sundance Subdivision No. 5 Section 31, T4N, R1E 4 ;`~ ti~"I F ~ ~:~1 ~:~,.~<I b. Owner: Settlers Crossing 7761 West Riverside Dr. Suite 100 Boise, ID 83714 c. Applicant /Contact: Travis Burrows, Dave Evans Construction 7761 West Riverside Dr. Suite 100 Boise, ID 83714 d. Present Zoning: L-O e. Present Comprehensive Plan Designation: Office f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to allow a fitness center within the Sundance Subdivision No. 5. 1. Date of Site & Landscape Plan /Building Elevations (Exhibit A): May 11, 2007 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use per City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: July 16, 2007; July 30, 2007 c. Radius notices mailed to properties within 300 feet on: July 7, 2007 d. Applicant posted notice on site by: July 23, 2007 6. LAND USE a. Existing Land Use(s): Vacant. b. Description of Character of Surrounding Area: This area is transitioning into an office area and is provides a buffer for the existing residential subdivisions to the north and east of the subject site. There are various other office uses that exist within the same subdivision as the subject site. c. Adjacent Land Use and Zoning 1. North: Residential, zoned R-8 2. East: Residential, zoned R-8 Anytime Fitness -CUP-07-015 PAGE 2 -i M ) H ; ~/ ~ 7 1 x ~ya,~i y ~:~L.J r{ 1' t q ~2 ~: J ,S t V ~ s ~ ~ ~; ~~. F S i d i ~ r +pr 1 5s '~ 6 ~/ ~ ,~, 1=y i f r F iL F t 4 n _. -~ _~ -a I ~ ~= k: ~, ITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 C 3. South: Residential, zoned R6 (Ada County) II ~y. I ~~ 4. West: Settler's Park, zoned L-O '~° d. History of Previous Actions: This property was approved for office uses, as a use exception to the residential portion of the t subdivision approved on this f Th 02 a irs e . development, as part of a PUD for Sundance in 20 property allowed for 4 office lots within Sundance Subdivision No. 3. Sundance Subdivision No, 5 (aka Settlers Crossing) is a re-subdivision of the 4 office lots, Lots 21, 22, 25, and 26 of Sundance Subdivision No. 3. In 2006 City Council approved a rezone of 5.4 acres from R-8 ` (Medium Density Residential) to L-O (Limited Office); preliminary plat (PP-06-014) of 12 office E building lots; and Conditional Use Permit (CUP-06-011) to modify CUP-O 1-026 to allow the addition of 8 building lots and change the building pad layouts and parking configuration. An addendum to the Development Agreement (MI-06-001) was also recorded to reflect the changes mentioned above. The final plat for Sundance Subdivision No. 5 (FP-06-042) has been approved but not recorded for the subject site. e. Existing Constraints and Opportunities . 1. Public Works -~ Location of sewer: Sewer for this project was installed with Sundance # 3. ~- Location of water: Water for this project was installed with Sundance # 3. Issues or concerns: None. ~= 2. Vegetation: N/A I 3. Floodplain: N/A ``<'Y; j 4. Canals/Ditches Irrigation: N/A ~; 5. Hazards: N/A 6. Existing Zoning: L-O 7. Lot Size: 0.91 acres ;~i £ Conditional Use Information: , Procurement of a CUP is required for indoor recreational facilities located within the L-O zoning district. The subject site is located within a L-O zoning district. 1. Non-residential square footage: 4,750 square feet ~~ 2. Proposed maximum building height: 24 feet (see Exhibit A -Building Elevations) 3. Number of residential units: N/A 4. Proposed Hours of Operation: 24 hours g. Off-Street Parking: ' '~~ F. 1. Parking spaces required: 10 r 2. parking spaces proposed: 15 on site parking stalls (CCR's grant shared parking) -~. 3. Compact spaces proposed: 0 - Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to h . the subject site will be primarily from Meridian Road, west of the site, and Ustick Road, south of `~ the site. Neither of these access points is on the subject property. There is an existing cross-access ,-±. Anytime Fitness -CUP-07-015 PAGE 3 ~:' , , ` ~, r { I~ ~ I Y Y Z ~ E Y r ~ ' ? s ~ ~ ~ k i G ' ''~ 8 ~ be- Y . :! h F'. ~ ~ r .. I ~x ' ' ~ ~~ _ ~~~~~~• ~ , ~`~;~ 7 ~:~ ° }~ ~ }( Y ~ ~ s~ , , t tt aa ~~ ~•i. .'.~ 4 u~ ai l i F; ' Xa'~?, :+l j y ~ ~ ). , ; ..Y ~' - 7:f ~ ~ i + ... }y ~.7.` i <syf; Are - i i }v S i ,',{' ~ ~ ~ Y .F'L Y tt 4 ~r~• IC V,^ f ' Y I ' *a !, ~'• . S r.,. .{ ~' iyy7 ~ 4 1 a. ~~ ,~ ~ ~~ . ~ . -I ^i ' %,-. ,r t -@' .. ., ,. I ' ~. . Yk :i. ~: . ;. I ,} she .~° . 3 y a ~ aa~~+rrS~~Yr~n. ~~ : ~ 5 ~': } ii .4i ~ at~ :"' '=1 r e ~•LM u ~~''iii~y t.`.:. ' i 1 F p .J. Ye+ d . :~f.'~~. . . [ '+ : ~~ ,. - . , ~ ~ ~ ~ t ~ Y;'~.~ iW ~' F~ r`.~':% -n~'e':.Y3P ' i^;~1.' jlF~~l ~ 1 <.~.' !;I -!i ' +?':':w4'"~' 7 v x : } ~ ,~,:~~ I ~, .I..~~: l; ~ 1 f .~ ~ I. ; i 4y ~ , ,t ~ ~ ~~~P I • ~ ~ k F j ~ i '~ ~ ! ~~ V` ~. (•• ;tom#•` ~ ~ • " ' ` r ~P ~ rE ~ I ~ 7 -~4 s. ~.1 . "H ~.° ~" ' :~~yY'; ~ +Y(J.is~ 1 l ~ 'vi . _ A ,~~ .•} Y, < / ~' , 6 is . ~5 a ' N ` - s , ~ ' ~ : <. w; d i ,~ y, a Y y { pp .' ~ I 4X Y \`~:L T~a yI '~ 'F ~ y ~ ' ,~j~yi~~h• ~,> u •;,ct ,:.~ Ii ~ ~-,~; q:".~~~-a`-;~: ~ •, ~ t , Cis Y" ... :1' :}: '~ ..~~ ~si,`.n S~-'f`-',+; [Kio'. •Sx:<bi9~~~`.#~ "',. 4 ~ s'~ ~'~ b'~4 rl $,• P ~r'S,< CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 easement for all of the lots within this development to share drive aisles to/from the public streets. There is also interconnectivity from the existing residential neighborhood to the east of the subject property (Sundance Subdivision No. 3). The Applicant appears to be in compliance with . the access conditions set forth in the approved final plat for Sundance Subdivision No. 5. 7. COMMENTS MEETING ~ ~' !' On July 13, 2007, a joint agency and departments meeting was held with service providers in this area. ded: Meridian Fire Department and Meridian Public Works l t i A nc u The agencies and departments presen Department. Staff has included comments, conditions, and recommended actions in Exhibit B below. ~, . d' 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as `Office'. In '' Chapter VII of the Comprehensive Plan, `Office' areas are anticipated to provide opportunities for low- ' impact business areas. Uses would include offices, technology and resource centers; ancillary f commercial uses may be considered (particularly within research and development centers o €~ ;' technological parks). Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the s;' ." y proposed development (staff analysis in italics): • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, >< ~ Objective A, Action item 6) The subject site can be serviced by the City of Meridian's sanitary sewer and water systems, and ~~ •`~_; ~ all other urban services. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, ~, ': Objective D, Action 5) r Staff is conditioning approval of the subject CUP upon the applicant installing and maintaining ~ n 10 or more in ormation on landscaping on this site. Refer to the CUP Analysis, Sectro f .f "° landscaping at this site. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, '~ Goal 1, Objective B) ,¢ ~° Staff believes that the proposed use will be a benefit to the surrounding residential communities 'r° in the area. Staff believes that the proposed use is consistent with the Comprehensive Plan and the previously _ approved applications for this site. Staff recommends that the Commission rely on any verbal or ` written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. '~ : 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and F: , `_~ conditional uses in the L-O zoning district. Indoor Recreational Facilities require a conditional use permit in the L-O zoning district. ~'± b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail '±, and service needs of the community in accord with the Meridian Comprehensive Plan. Four ,~ Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of ` '°R the district in proximity to streets and highways. a "r Anytime Fitness -CUP-07-015 PAGE 4 ;t~: '~,-. k a. ~: ~ ~ ~ - t. ~ ` ... ~'. ~~~ c t3 y`~~r,,4~. ~ ~ , ~} y.. I : ~ F ~+..i ~ s a*~ ~ , ~ { 7' J~Sr G G Y'; y ~ A; ~4~ k~e~..vcw+~. r ;- i. , 1 1 Yi ott+'*x{ s ~ 1 ' .. ~ ~ ~, ~ ,w; }: ~ ; p F ~ ~ t ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 c. General Standazds: No dimensional modifications are being requested for the proposed development; full compliance with the UDC is required. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the ±' ~ proposed site design as presented in the CUP site plan, labeled Sheet 1 and dated May 11, 2007, and the landscaping as proposed, with the following comments: Use: As mentioned earlier in this report, procurement of a CUP is required for the proposed use on this site. In approving CUP's, UDC 11-5-6C allows the decision making body to prescribe appropriate conditions, bonds, and safeguards that minimize adverse impacts on other property, control the duration of the use, require more restrictive standazds than those generally required, and assure that the use and property is maintained properly. There aze residential uses neazby the subject property, and the applicant is proposing to operate a 24 hour facility. Due to this property being located right on the comer of Ustick/Meridian, staff does not believe the proposed use on this site should have a negative impact on any property in the area. Therefore, all of the conditions regarding this site aze "standazd" UDC requirements; no site specific conditions have been included. Staff recommends that the Commission rely on any public testimony that may be ;z provided regarding the compatibility of this use with the other uses in the azea. ` Access: Primary access to the subject site will be from three access points. The northern access to the subject site will be from Meridian Road and eastern access from Ustick Road, across other lots in the development. There is also interconnectivity from the existing residential neighborhood to the east of the subject property (Sundance Subdivision No. 3). There is an existing cross-access easement for all of the office lots in Sundance to shaze drive aisles and access to/from the adjacent public streets. Staff is generally supportive of the access points and pazking lot design and the applicant appeazs to be in compliance with the conditions set forth in x:;51 the previously approved final plat. '''"~ Parldng: A site visit by staff has verified the 15 parking stalls have been constructed on the ° subject site. Only 10 parking stalls aze required by Ordinance. UDC 11-3C-SA requires 90 ' s parking stalls to be 19 feet deep by 9 feet wide, adjacent 25-foot drive aisles. The Applicant erall consistent with the aforementioned UDC parking en kin lan is az proposed p g p g Y l ements. Additionall UDC 11-3C-6G requires that one bicycle parking space be provided uu' re Y~ q =~s . for every 25 vehicle parking spaces or a portion there of. Provide a mimmum 1-park bicycle rack on this site. . Landscaping: The Applicant has proposed approximately 15.8% landscaping on the subject site. All perimeter landscaping and planters were approved with Sundance Subdivision No. 5 final plat (FP-06-042). As mentioned above, the final plat has not been recorded, however, a site visit was `; ~,' conducted to verify the perimeter landscaping and planters have been installed and are being maintained. The landscape plan prepared by Dave Evans Construction, on May 11, 2007, and labeled Sheet 1, generally complies with the UDC landscaping requirements. A written certificate of completion must be prepared by the landscape architect, designer, or ;~ qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standazds of installation shall apply as listed in UDC 11-3B-14. Building Elevations: The Applicant has submitted elevations for the proposed building. (See . ~ Exhibit A) Staff is generally supportive of the proposed elevations, prepazed by Dave Evans , . Construction, dated May 11, 2007. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) '4 permit is to ensure that all construction, alterations and/or the establishment of a new use ~' complies with all of the provisions of the UDC before any work on the structure is started and/or Anytime Fitness -CUP-07-015 PAGE 5 N ?.S ~!E F k 1 ~r >t,- a ,'h,: ~,~' ~, r` ;" ~~ te' ~. I ~ 'I t a' ~` ~ ~ ~ ~c~^ ;„ r ~~ .a x ~ t R 4 ~ -.4Y i , V ~ F ~ !'' ~ . ~a r ~i$,s2" y .y- ~, ~~ ,~ ~~ ~- K ~, a ',~,. x ~ Yn' f~,+j [ }^ ~1 i~ nom!, ~,iY,t. f ! " i_ ~t,•'.r E~,b~;' r-, ' a: ~ , ,Y', ~„f.~ . E ~r ~ ~' .. ~~ ~. li ~~. ;'~ . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 ~,;: ':~ 4 ~I °~.1 ;:;' ~ ;. ' {i " _a ,~ F :, ~ ?3 3 the use is established (UDC 11-SB-lA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to establishing a fitness center on this site. All improvements must be installed prior to occupancy. It is important to note, Staff has approved a CZC for an office shell on the subject site, however, the applicant is proposing an indoor recreational use which requires approval of this Conditional Use Permit (CUP-07-015). b. Staff Recommendation: Staff recommends approval of CUP-07-015 for Anytime Fitness, as presented in the Staff Report for the hearing date of August 2, 2007, based on the Findings of Facts as listed in Ezhibit C and subject to the conditions of approval listed in Ezhibit B. The Meridian Plannins and Zonins Commission heard this item on Ausiist 2 2007. At the public hearins the Commission approved the proiect with added condition of approva11.9 limiting the hours of operation from 5 a.m. to 11 p.m. 11. EXI~BITS A. Drawings 1. Vicinity Map 2. CUP Site Plan (Dated May 11, 2007) 3. CUP Landscape Plan (Dated May 11, 2007) 4. Proposed Building Elevations 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 8. Central District Health Department 9. Nampa and Meridian Irrigation District C. Required Findings from Unified Development Code Anytime Fitness -CUP-07-015 PAGE 6 "~ ~ r ~ ~~ ~ ~ ~ ~ ` ~ rr-~ N f ' ~ t : hu, ~, r. n , f ~ 1R ~ ~~ .~'" _ . ,~, o ~ ~F ~n 3.'. ~r ~r Yyyj ~'~*'} ~F ' ~~ ~. s ji,~ zdb'y9+~ ldi: ~. .F4 Auk - - ~,~i J '' ,._~f {~ vl ~ z Y. _ }_ Y rti 1 ~' ~ ~~ ~. ~ ~~ 4 '~ t y~i?' d 1 ~ ~' C Y~'Sj C,,,~~~ ~ ~ ~ ~ ~ ' G N ` J µ (` ~t k ;~.~., .{ ~ ~ ~~ ~ x 1 ~ h~~M1F. ~~ :- b r~ =.. 4 n, t ^3 d ~.,. ~ ~, , ~ ~ ~t~ ~~ ~} ~ h CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 A. Drawings 1. Vicinity Map Exhibit A Page 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 2. CUP Site Plan (Dated May 11, 2007) o-~ j a I I ~~ ~d Y s c~~ .;~~~ ~, ~~~w w~~~ "yt ~j ~ ~~ w ,C~i ~~ . ~m ~u ,n ~8 a:~~ac'9.riulFsi~ T L G c c ti -~~'~, ~, ~., r e~®i~sa~d,:~9~~.ua[SS+AIexWtn]tr:ta6Jau:pG:YltmJer,~~s ~m+ui'&"slaka,~:rt:ev;m~;iA:'.tu:awJ.7z3^r ".:tlL.si'g'ea 3R':•13t:4S`I 'J ^~'Jir3 L,Y_':-te~i~ Exhibit A Page 2 ~' ® ~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 -F: ~I ~.; 3. CUP Landscape Plan (Dated May 11, 2007) ~ `~' i ~. .~,I ~~ c. 'FL; it Exhibit A IIY ~ '~ E{,~ q~', Irk#I}I~ ,~~ ~~,~~~ .R: ~~~,~~ "n~i ~' p~. ' 9 ~ =5~ ~~~~ ~~I ~~~~~ 4• ~11.~~ap, a ]°a ~ ~u b ~. I ; s e I ~ g ~~~~~='r ~ ~ ~ ~~ tx e ~ ~ *D ~y •~~~j~ ~. ~~ I ~~Ei~~~ f8~3~~~~ ,+ r ~ E ~~~~~g~ ~~~~~~I, ~~ ~ ~,®~~ ~~ w ~cd~P~l'~j~~#1i~~~ ! I. ~ " t ~ ~Ijc}3r ~R9 ~ $~ai r.. ~ .. a. ~~a~I9~k~Btll'c~i A ~, A, , t~' ~~~ ~r~ Tti. __ ~~.~ ~ a ~s t~ ~} ( ,~ ~ - l }4s~aa?.Q9 ~i ,,., 1 ~ ~ ~~~ `3 1~ '` ~ ~~~ b s " { ~)~ 1 ~ , ,. ~_ s ~ g i 4 Y ~ r 9~ r _ry ~ l F ~ ~ry ~ V~y -~~ rte ~ qkq 8 ~ 'L ~`,, ~ 6 ~ ~~ 1 ~ ~tt ~. y, a ~ ~ k , y __ t ~r "q~ Q~~=rT f~~•y~.,ys.,~~q.~~ ~.,0''~''. ~~7' .75 ~'"} Y 7q E ,, ~~..^~ ~ t.'~T,.°s~"°C.. ~ ~r ~ 9 ~ fw J t d ., a" ~ O 4 ~ e ~ & ~ YY ,. `' .r ~~ ~.i ~~ t1 ~e ~ a r~ ~ ~ ~^b R sd yP r ~~'k~~M'~4 H~1 u a ~ ~ +~'` ~ a ~~,~~jj,. ~i ~, t~ ~ ~ ~' ` i- a. ~f ~°~ .~a' ~ ~~~~ ~~3 ~~~~ ~ ~ c~ iq ~Qw~~e~~ cif; ~~~ dM`~~~~ i S E "'e ~~'rge~~ldr ~~ ~~' ° f~~a~k~6i~~~~ ~i3~=~ r~am...,a.ra Y ~` rI e ~ ~ ;j N- ~ 1 s~ ~'a a R . 0 ^ YnN e ~ , :~ r eW ~' ~,~, ~~.~.~~ ` f ~~ Page 2 ,tt ~ ~, ~ Y ~ Z f+^ 11 a. ~! ~ r ~ 'z ~ . ~~ . ~ :. :2 ,... ~~ `~1' y ~! ~ ,. ~! 7 ~ ~ »~'+7 a ~ u _ ~N { ' r , t a ~ i + J' = 1 1 ~' f Y '.. S' f ~5 .y k ~ "Y ~~[~ ~~ ~` l Jr ~ f ~. ~' +~. E f ~ i j s ~ ~ i. x '+ ,:E ~ u y ~i ~ ~ a. .,# w ?';t~; .,.,~. _. .~,. a. `1 1 1 x ;: , d,. 4 ~S . ~: i ~iy~,. m., '. ~,. N~1' ?!!;~: I ~~~Fr~ ~r~ ye d • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 4. Proposed Building Elevations Notes rar~wre ANO rA.'>;wa lEE9THAN sv mmun$ 1410~ITT 4IISNtlET6E tti[VI+.~OV'1F11 AM NAVE 4W0lAYERe OF GS IVRC#1?XIDtOE 6vPEiAI 6 EP000O CONTROL ,d Rg SM1L^ATM944L?. b MNPU ~ ~ IIQ &R 6Q YEAft cow~o-Tae NtbP ~ 6~ _? , _ ~~ ~ ,~ vNL'FAIIFil+5DALNG@AtNEOm.E ~ ~ ~ ~ r i-1 ~, „ ~6 ~. -~. ~ ~ ~, ~ AWNW061lPPORIE ' ® 4 ~ 4 . s x ~ e = stucco v.,,.,,..°, TRR1a ^Axu cam: ara~e vaa-~semm ~ru. n. v~~esv-~rvv. awTn ~. sr oRff'e.oNT wmoav+u ~ EA$T ELE VATIQN 6 ' ~ y eDr TIIV RIO@ VENT YaV.'@•R 60YEM CLNC.TILE adOT ~ ~ g -- - - ~ ` ~ - ~rmrFnasNm ~~ as ~ ~ ` ~ ~, ~. 9.. Aug s rs am ." 1 L ~ PvSw~.rnvae s az u i __ _ ~ ~ ~ V PJVtYtA'W'N.TIP. AOONa[.'L`L1- raaFaR++6Y P10RT8 N' ~ V~~®s PISGLYAHED ~RNBP01Ji3 ALNe.0U5'TEA9a M+GffiORBOetllM !J{lA6l'APQFII i N U T°~`° ~ NoRrH ELEVAnoN Elevations fl WEST ELEVATION SOUTH ELEVATION Notes 60FRT9 MID RASCIAS LEEJTNAi tP FfAl1 TeE PROPERTY Lifg 69J5T 6C NDN-VENTED A°O FMY6 rnv tavms ~ amp TYRS x Exrc araa cvaaa~ er¢xrn-u+a- Elevations Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 `'1 1.2 The Applicant shall comply with all conditions of approval for Conditional Use Permit (CUP-06- O11), Preliminary Plat (PP-06-014) and Final Plat (FP-06-042) of 5undance Subdivision No. 5. The Site Plan labeled Sheet 1, prepared by Dave Evans Construction, and dated May 11, 2007, is approved subject to the conditions listed below. A1190-degree parking stalls shall be, at minimum, 19 feet deep by 9 feet wide, adjacent to 25-foot wide drive aisles. 1.3 The landscape plan prepared by Dave Evans Construction., on May 11, 2007, labeled Sheet 1, is approved with the following notes: • Provide 15.8% of the site for landscaping; • All perimeter and planter landscaping for Sundance Subdivision No. 5 shall be protected during construction. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 11- 3B-14. Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed such plan, the landscaping shall be consistent said plan. All standards of installation shall apply as listed in UDC 11-3B-14. The preceding notes shall be shown on a revised landscape plan submitted with a revised Certificate of Zoning Compliance application. ;;; 4 1 To ensure that all of the conditions of approval for CUP-07-015 are complied with, the Applicant . shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to establishing a fitness center on this site. 1.5 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the J ~ proposed development. A temporary Certificate of Occupancy may be obtained by providing , , <,>'~ 0 e surety to the City in the form of a letter of credit or cash m the amount of 110 /o of the cost of th I required improvements. A bid must accompany any request for temporary occupancy. "i' ~.tkY 1.6 No signs are approved with this CUP application. All business signs require a separate sign '~ permit in compliance with the sign ordinance. 1.7 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 within 18 months of approval, a new conditional use permit must be obtained prior to operation. 4 1.8 Provide a minimum 1-park bicycle rack on this site. 1.9 Hours of operation for the fitness facility shall be limited from 5:00 a.m. to 11 p.m. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of sewer mains that were installed on the property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide '~ service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is ' less than three feet than alternate materials shall be used in conformance of City of Meridian z Public Works Departments Standard Specifications. `'~ 2.2 Water service to this site is being proposed via extension of mains that were installed on the ':~+` Exhibit B Page 1 ~x ~- SAS: -~r I ,1, ~ ~ ~~ ~~~ y J ~~~ i ..~:ng .. ~ v , •. k r ~ H r z l~~it.~ ~ qn y ~ 1$ • n~a~, n r f F ~ 2 '~ t da+ R ~ #~ ~ 1 Y.~+~; ~' ~~ ~ ~~ k' 4 ~ ~5. > 'S 1 ~, _ `l: ' ~ qtr ~~~- t '; Yh~~'/r 5' ~ ( , ~,Y ~*~ 7r ~ Y -; ' - fiuf Nt ~Jry'3n. f yj;~:y, d, 3 ~ ,~a ~~ r ~. ~ ~ 4 w ~ ~ ~ ~ } ~ ry ~.t. L~1ry~p, ' J r ~ ttr. w~i xk ~ a x ~ F t4` yt .~Jn L ~~ r :'~ k ; ~ ~~ ~ ` ~~ ,z ~~ ~~ a n ~_'1 3Y Y 3 '•~ ~ . ~ ~ ` ~~ ~ k y~ , ~ _ ~ s 2 ,~ r: . t ~~ ` CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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 utilized, the developer will be responsible for the payment of assessments for the common areas prior to s `- ' i signature on the fmal plat by the City Engineer. 2.5 Meridian Public Works specifications do not allow any large landscaping within a five foot radius g, T ' of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. ~, ~ 2.6 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation if approved by IDWR. ~~~ i.P a3. i ~:~ ;. 2.7 2.8 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to applying for building permits. The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has .~ y I ~' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 y 2.14 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. 2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %i" outlet face the main street or parking lot aisle; b. The Fire hydrant shall not face a street which does not have addresses on it; c. Fire hydrant markers shall be provided per Public Works specifications; d. Fire Hydrants shall be placed on corners when spacing permits; '~ e. Fire hydrants shall not have any vertical obstructions to outlets within 10'; f. Fire hydrants shall be place 18" above finish grade; g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5; h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. `r 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required before combustible construction is brought on site. ~. 3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the ' ~ jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as ::Y 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 h S ti i d ' on ec ance w t throughout with an approved automatic sprinkler system installed in accor 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) `'~ ~ ~ 3.10 There shall be a fire hydrant within 100' of all Fire Department connections. F 1 ': Exhibi t B Page 3 yr, el ~f U 4 it } '~. } Ci n S. a ~ f i~~ Y ~~ ~ L W 67 ` ~ i= :i ,r F` _ ~` L 4 t ( 4 ~ ~ n ~ y "rt. ?~ fi y v v : ~ a :': ~r e r I' . ~r i' .. ~F } `y ~~ ~ +ip t y': I1 +}~~,~ L S T ~„' ~ .. ~. ~~. 1 ~ f f; 4 I~"E (~ ~• ~ i ~. ;,p ~ t ~i !~ 1 5 ;p 4~ F:. f ~E' ~, r~ ~.. Y ' ® • 3 A `° CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 i -0_ ~ ~ ~ ,~ s. 4. POLICE DEPARTMENT ~'` , 4.1 The Police Department did not comment on this Conditional Use Permit Application. a 5. PARKS DEPARTMENT s "°' S.1 The Parks Department did not comment on this Conditional Use Permit Application. ' 6. SANITARY SERVICES COMPANY ~ 6.1 Sanitary Services did not comment on this Conditional Use Permit Application. ' 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC COMMENTS ~`- 7.1.1 Prior to final approval you will need to submit construction plans to ACHD Development Review Department to insure compliance with the conditions identified above 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. &, 7.1.2 A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building { - permit. Contact ACHD Planning and Development service at 387-6170 for information ~< ~ regarding impact fees. Ra ,~ < ` 7.2 STANDARD CONDITIONS OF APPROVAL ~;' ~; ~~'' ' ` , 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. . , 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. r '-'! 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be ~ ,::I borne by the developer. -' 7.2.4 Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during ~ the construction of the proposed development. Contact Construction Services at 387-6280 (with ~`'' ~ '" ' file number) for details. ,I "~ 7.2.5 Comply with the District's Tree Planter Width Interim Policy. . { 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing t by the District. Contact the District's Utility Coordinator at 387-6258 (with file number) 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. a" 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of a 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 in accordance ~.; : ~:- !~ with Ordinance #200, also known as the Ada County Highway District Road Impact Fee ~' Ordinance. Exhibit B Page 4 „; ~l 1 ~ ~ 7 [h( h j !: ~ . _ ~ .` Y k r i ~ ' .' ~ ~ ;^ ~ ^~ Xpd 7.". l Y ~ .' L _ak }.' '~ '!C ~S ~ .,'£ i .f y aY~ -X ~ ~} f;• ~ A ~ r 3 j'.~ ^' ~ }~ t t ~ ~ " f ,' + ~ R it ~ r ~ ~~ k il ' h ! .. Y r~: t; ~ "} z , ~ " :~ 1 .5' t --' 2 :; I ~, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 ' ~?_ 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 ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD 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. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 The NCDHD had no objections to the proposal. 9. Nampa and Meridian Irrigation District 9.1 All municipal surface drainage must be retained on site. If any surface drainage leaves '~ , the site, .the Nampa & Meridian Irrigation District must review drainage plans. - _.,~ 9.2 The Developer must comply with Idaho Code 31-3805. ~ ay < '~' ~"J r4;:i Exhibit B Page 5 k t. .~ y ;'~ t LY 1 ..1, -~ ~~ ~ 6 ~ r 5 ,~ f~ 1' ~ & : 'Cl » ~. ~_,. y ;,,~ ~~ Y ~ ~G ~~I k n L. . r ~~~, n4 eF 1 '?` ? 7 1_q _ r $ ~ `. S7 ~,~f ~ r ~ ,n F~ ' ~ s~ ~ ~~"~ 1~ _ , R~~ r ~}~ ~; ~~ y t x. < 5Y '~K ' ~ ~ t1.H ~ } f %e ~ ?; -~.. ~~~ . ~ t ~F 4 " _ -;~~ ~.. ~ ~`~~- ~~,, ~1 ~ ' Ari'? s'i fS'~'~1 h ~ A ` ~ "fir,}~~ h. .i\•; Z' Y /+ ,;5 .._ ~~14~fd ~~. t ~~. _ ~~ ~; s ~~!' ~~b. i ; .K~ i~''r!z~t'~ . ~N ,.: rr V _: y ~~ ~~ _~ f` .~~;~'~ ~; ~. ~'~; r xH . i, r,- Y ~~ "~ 3C4 ~~' ~~~ X ~ a~~.; ~~t ~ .. ,~ >~ ~~~ t~~'{ ~ ~. ~.a i'=` ,~,~ ~Y.F -~ ~~ ~` ~ ~ ~,~¢ '~ n ~:~ ~ ;': F, d t ~~ ~~ ~~ ha a~ z~r` 4Y ~ 4~ ~ r ~ ~: ~ ,~ t y'.7 A~ 7' YJ { Q '~ 3 ~~~ ~~, ~. ;~ , ~~_ ~_ ~'~', ~x ~~ ~?~ ~; . ; ~ ~~~ F~ ' ~ N .~~ ' ~r ~~ ~~~ ~ kr<a, ^~;ti~.-mac -. ry~C`7' ~ tires - ~' > r.. ~ ~ ~{ .r~ ~ , ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 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 proposed building and use on this site can accommodate and meet all dimensional and development regulations of this district. Staff fords that the subject property is large enough to accommodate the required setbacks, parking, landscaping and other features required by the ordinance. Staff recommends the Commission rely on Staffs 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 Plan and in accord with the requirements of this Title. The Commission finds that the designated Comprehensive Designation for this property is Office. The property is currently zoned L-O, with a requirement for CUP approval of the indoor recreational use. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of a office building should be compatible with other uses in the general neighborhood and with the existing and intended 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 Commission finds that, if the Applicant complies with the conditions outlined in this report, the proposed uses 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. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACFID. Based on comments from other agencies and departments, Staff fords that the proposed use will be served adequately by all of the public facilities and services listed 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. If approved, the Applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. Exhibit C Page 1 i<f ~ S g,S ~f~ ` x w,.~ ~~ M1... n,t .. ~ ~' i j k, Z q ? e: .~t to G ~ ~~ i a ~ ~~-~ k~ ~ S ~ ~" ~- ,_ ~, 1~ .X q - ~~~ 1 ~ ~~ NtiR, ~ .. ~..-. • ~ t r. c } wY: 4}t i~ rg~ _ ~ J S ~ .li v - - ~Lf . . `. { ~ ~ z~~~,ra ; + 3 '~i'~ , ,,~ .r° 4 ~ r: ~ y. ~y ~ Y'~ir`4. 'iY3l' J ~ ~ 2 ~ d ,i 1' Yd~ P ~1 ~5 .~ ' i '~~ f ~~9 ~ .~: a y , C'a~~ ~ ~ ;t' ri~~ ~ ,~Y`~i p~~~ r1~ ,Sl b' v1k r t ~~~i ~-.5*s . L ' ~ _ t ~ ~. ~i+ - J r may.' jr«~ -~ ' 1 t_. ^j V ~ ~ j t 1'~f } ~j i~ j 7 ~.~ i ~ i '3!Ay. 4~ r1 ' F ., ~`, c ~s. ,.~ s r }~~'~ ref is~1~=~s~~^s _ f t ~`~ a .L d - c t _ h u. 3 " tl~A n ~ ~, Glr" ~ ~ f va ~ y~K 'it ELY ~,c. ~ wY~:* 1 n .. *~~}l ~ ~3 '~ . 5 t ~ tr ~, ~ i~' ~ ?~~ ~L ...n}I. S '~~'r~ uut t J ~~E~ ~ f f~~t 3~ S. 5 c i x j ~. „~ ?tT L{f ~~~ .,~ x, ' ~~, { t ? .k F ~, i 1 ~F,` J`7 ''.Y~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 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. The Commission recognizes that traffic and noise will increase with the approval of the recreational use in this location; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glaze, or odors. Staff finds that the proposed uses will not be detrimental to people, property, or the general welfaze of the azea. 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. The Commission fmds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of maj or importance. M