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HomeMy WebLinkAboutStaff ReportSTAFF REPORT Hearing Date: October 15, 2009 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: CUP-09-009 -Fred Meyer Pharmacy ~~E IDR~--- E R ocr o~ ~ I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST CETY OF~t~ ofaN CITY CLERKS '7FFICF The Applicant, Fred Meyer Stores, Inc., is requesting Conditional Use Permit (CUP) approval of a drive-through pharmacy for the existing Fred Meyer store within 300 feet of another drive-through facility, as required by UDC 11-4-3-11. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP as presented in the Staff Report for the hearing date of October 15, 2009, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. III. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-09- 009, as presented in the staff report for the hearing date of October 15, 2009, 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 November 5, 2009. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-09- 009, as presented during the hearing on October 15, 2009, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on November 5, 2009. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 09-009 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the northeast corner of N. Locust Grove Road and E. Fairview Avenue at 1850 E. Fairview Avenue, in the southwest '/ of Section 5, Township 3 North, Range 1 East. B. Owner: Fred Meyer Stores, Inc. 3800 S.E. 22"d Avenue Portland, OR 97202 Fred Meyer Pharmacy CUP-09-009 Page 1 C. Applicant: Same as owner D. Representative: Kevin Kincaid, Western Design Group 4612 N.E. Mimlehaha St. Vancouver, WA 98661 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 28, and October 12, 2009 C. Notices mailed to subject property owners on: September 17, 2009 D. Applicant posted notice on site(s) on: October 1, 2009 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is zoned C-G, consists of 15.46 acres, and contains a Fred Meyer retail store. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The general area surrounding the proposed drive-through consists of commercial retail, professional services, bank, restaurant, and storage unit facility uses and is zoned C-G. 1. North: Storage unit facility, zoned C-G 2. East: Restaurants/commercial uses, zoned C-G 3. South: Commercial uses (bank, restaurant, fuel facility), zoned C-G 4. West: CommerciaUrestaurant/professional service uses, zoned C-G C. History of Previous Actions: • A Fred Meyer retail store has existed on this site for quite some time. • A Conditional Use Permit (CUP-00-041) for a fuel sales facility for Fred Meyer was denied in 2000. • A Conditional Use Permit (CUP-Ol-005) fora 3,612 square foot fuel sales facility for Fred Meyer was approved in 2001. A Certificate of Zoning Compliance (CZC-O1-006) was also approved for the structure and use in 2001. • A Certificate of Zoning Compliance (CZC-07-259) was approved in 2007 for the addition of a 1,742 square foot merchandise pick-up area; conversion of a portion of the existing outdoor sales area consisting of 4,700 square feet that is under the main building roof into interior sales floor area; and fenced outdoor storage area consisting of 9,992 square feet. • A Conditional Use Permit (CUP-08-007) for adrive-through pharmacy within 300 feet of two other drive-through facilities was approved in 2008 on the south side of the east end of the Fred Meyer building; however, this fell through and was never completed. The pharmacy Fred Meyer Pharmacy CUP-09-009 Page 2 drive-through is proposed instead on the west side of the building with the subject CUP application. D. Utilities: 1. Public Works a. Location of sewer: No new services will need to be installed. b. Location of water: No new services will need to be installed. C. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways that run through the subject property. 2. Hazards: No hazards are known to exist on the site. 3. Flood Plain: This property does not lie within a flood plain. F. Access: Access to the Fred Meyer site is provided via E. Fairview Avenue and N. Locust Grove Road. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial." 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. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff finds that the request generally conforms to this stated purpose and intent of the commercial designation within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) No new access points are proposed or approved with this application. The proposed pharmacy will be accessed internally within the site via the existing access points on E. Fairview Avena~~e and N. Locust Grove Road. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed drive-through pharmacy will contribute to the variety of commercial uses in the general vicinity and will be a convenience for residents of the community. Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with the existing and fista~re surrounding uses. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropn~ate for this property. VIII. UNIFIED DEVELOPMENT CODE A. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Drive-through establishments require conditional use Fred Meyer Phannacy CUP-09-009 Page 3 approval in the C-G zoning district if proposed within 300 feet of another drive-through facility, residential district, or existing residence. Additionally, the applicant must comply with the specific use standards listed in UDC 11-4-3-11 for drive-through establishments. B. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses which are customarily operated or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services, as well as retail sales for the transient and permanent motoring public. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant is requesting CUP approval of adrive-through for the pharmacy located within the Fred Meyer store that lies within 300 feet of another drive through facility at Groove Coffee, to the northwest of the Fred Meyer store, as required by UDC 11-4-3-11. There are other drive- through facilities adjacent to the Fred Meyer site; however, they are outside the 300 foot radius requiring CUP approval. The proposed drive-through will allow customers the convenience of dropping off and picking up prescriptions without parking and going into the store. Site Plan: The applicant submitted a site plan with the CUP application (see Exhibit A.2). The plan depicts the location of the proposed drive-through on the south side of the building at the west entrance. There are two existing drive-through lanes in this location separated by a 5-foot wide raised concrete island. The applicant proposes the pharmacy drive-through to be located in the existing drive-thru lane closest to the store entry. A pharmacy kiosk is proposed to be constructed within the existing island separating the two drive-through lanes. The existing concrete cap in the island where the kiosk is proposed will be removed and soil and landscaping (shrubs) is proposed to be installed (see Exhibit A.3). Traffic Analysis: The applicant submitted a traffic analysis with this application summarizing the potential impacts the proposed drive-through might have on circulation within the site. Based on the analysis, approximately 7% of all pharmacy transactions occurred at the drive-through kiosk; the maximum vehicular queue observed was 2 vehicles; and the average time to complete a drive-through transaction was 6 minutes and 25 seconds. The analysis also states that the drive- through can accommodate a queue of up to 4 vehicles (including the distance necessary to not block the pedestrian walkway) without blocking adjacent drive aisles. (See the traffic analysis included in Exhibit A.4 for more information.) The analysis was based on observations at 3 existing Fred Meyer stores located in Washington on two separate days. Data was collected between 4 pm and 7 pm on a Tuesday and Wednesday, which corresponds to the typical peak pharmacy demand at existing Fred Meyer pharmacies throughout the Northwest. The number of Drive-Through Establishment: Per UDC 11-4-3-1 1, Specific Use Standards apply to the proposed drive-through use of the property as follows: - All establishments providing drive-through service shall identify the stacking lane, speaker location, and window (pneumatic tube) location on the plans submitted with the Certificate of Zoning Compliance application. The site plan depicts the stacking lane and location of the kiosk, which contains a speaker and pneumatic tube. - Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way bypatrons; Based on the information contained in the traffic analysis discussed above, Staff believes there is sufficient area_for stacking to occur for the type of use Fred Meyer Pharmacy CUP-09-009 Page 4 proposed without blocking drive aisles. A striped pedestrian walkway is provided with signage reading, "Keep pedestrian walkway clear" to aid in the safety ofpedestrians crossing through the drive-thru area to the entrance of the store. - The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; The stacking lane is separate from tl2e circulation lane needed for access and parking. - The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; NA (The proposed stacking lane is not within 10' of a residential district or residence.) - Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane; and, NA (The proposed stacking lane is not greater than 100' in length.) - A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. The applicant shall comply with this requirement if covered under the Transportation Authority's (ACHD) jurisdiction. Elevations: Elevations of the proposed pharmacy kiosk were submitted with this application (see Exhibit A.3). The proposed kiosk measures 21-inches wide, by 10-feet 5-inches tall, by 10-feet long. The proposed kiosk shall be constructed in accordance with the elevations shown in Exhibit A.3. Note: The signage shown on the Fred Meyer huilding will require a separate sign permit. Access: Access to the Fred Meyer site exists from E. Fairview Avenue and N. Locust Grove Road. The drive-through will be accessed from internal drive aisles. No new access points are proposed or approved with this application. The existing drive-through for Groove Coffee to the northwest lies within 300' of the proposed drive-through. Staff does not believe that traffic movement and stacking for the existing and proposed drive-through lanes will interfere with each other. Hours of Operation: The proposed hours of operation for the drive-through pharmacy are 7 am to 11 pm. Staff has no objections to the proposed hours of operation as there are no nearby residences (the closest residences exist to the west across Locust Grove, approximately 365 feet from the proposed drive-through location). Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior to issuance of building permits, for improvements associated with the proposed drive-through pharmacy use. The plans submitted with the CZC shall be consistent with those shown in Exhibit A and shall comply with the provisions of the UDC and conditions of approval listed in Exhibit B of this report. All improvements must be installed prior to commencement of the proposed use. B. Staff Recommendation: Staff recommends approval of the requested CUP for adrive- through pharmacy for Fred Meyer, as presented in the Staff Report for the hearing date of October 15, 2009, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (prepared by Western Design Group, dated 9/15/09, labeled as Sheet C1.0) 3. Elevations/Site Plan (prepared by Western Design Group, dated 9/15/09, labeled as Sheet C1.3) Fred Meyer Pharmacy CUP-09-009 Page 5 4. Traffic Analysis (prepared by Mike Swenson & Jesse Birchman, TranspoGroup, dated 9/16/09) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from the Unified Development Code Fred Meyer Pharmacy CUP-09-009 Page 6 A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (prepared by Western Design Group, dated 9/15/09, labeled as Sheet C1.0) ~'.@3J ~~~ F r"~i Coffee shop drive-through C ~ ~ ~J : ~ ~ ~~ f j. ~ ~ ~ ~J ~~ ~ ~ ~ ~., ~:~ ,mot? .~, - t LUT ~. ~' a'. Bank drive-through L':. T 1 ~~ ~rnK na:M: ra 'n :c~sr Proposed Drive-through . ,, ~ ~ `~? a ~ ~ i n ~ ^ ~ i i i `• K "I - ~~ ~ F~IH'v~IE~V ^'vErJ.;E McDonald's _ _ _ dive-through .~ ~ ~ •, ~TiE pL~PJ ~~ ,~ ~~ ~ ~a ,. a ~ ~I J ~ ~ ~/.' LC: T `~ a a'.:. Subway drive-through J ir; :t J ll. '` ff '_ ~1~/~m+w.w~9a...rrxai~arw n t r,. a~wa m~~i~~kar.++ 3. Elevations/Site Plan (prepared by Western Design Group, dated 9/15/09, labeled as Sheet C13) Traffic Analysis (prepared by Mike Swenson & Jesse Birchman, TranspoGroup, dated 9/16/09) ~transpoc~-~cxs~ 0! Xl '7hM5^fI4~'h'r'IA: a~, .ryl, fVtEMORANDUM Date: :,epten,aer t?+ aa~~~ TG: Cro~ua DD T0: Sara LaFie,rr, Frea Meyer Stores FI"CfRI: Mike Sa~ensan Jesse 6 rcnmar CG: Kevin K;noard, Vu'estern resign Group StllajeCt: ': er :i an ='~-:1 ".'~,•~=r °n_=r~- acy , 3e.r ?-a~f : ~n_, p_~s This memorandum summarizes our aratysis of potenba an-site ai*culatior ir^pa;;ts cf wonstru: ira a crive-thna pharma,^:y kiosk at the existing Fred Mey>_• store located n herd an, Idaho. This. analysis estimated the number cf vehic'es conservative y expected to use the pnarnacy s erive- thru kask. and :he resulting cueues based or coser~:ed f e-d darn. These results •aere then ~~r~~pareC to the oroocsed site plan' and demonstrated that the proposed design ~H•ould not oiack any on-s+te dive axles. Date Gallectian >: sting dive-thru pharmacy vern:u'ar aernar,ds the time to complete each pharmacy dive-thru transacUan and vehi,,ular cue~e lengths were observed at three existing =rea Meyers located in 'Jv'ashingtcn state i°aerett +.lil Creek, and Federal'J'Jayi on trvo separate days.- Data was collected betweer z:fl0 FM and ':+JO F'Pot on a Tuesday and',Vednesday. which corresponds to ;he :ypica peak pharmacy demand at exist-'n® Free Mleyer pnarntacies throughau::he t°•iorih,w~est. The number of pharmacy transactions competed durinn, these same time nercds was provided by° =red hdeyer stagy Tnas data is summarized in Tat~le ? ;,see page 21 and va ues sh•aa•r r cold in :he :able correspond to the mar: mum observed values at each of the th*ee !ocat:ons for each stucy period hs shown =n Taa'e t at the three existing Fred tteyer dive-thrv pharmacy locations: • .~paraximateiy ?-percent of al pharmacy transact~ans occurred at the drive-thru k.~osk, + The mar,-m.rm vehicular ,queue observed ~~.°as ~ °,~eh~ic es and + The average :i^rre to cornpiete a drive-tnru transactcn was a ni,nutes and 2: seconds. The :able a so shows :hat the maximur•. observec queue does not necessarily occur Cuing the sac-e time aercd as the maximum number all dr•:e-th~ru pharmacy trarsactiors or ever the c.. --_m number of al pnar*nac-y ;ransac3~ohs, as ~t ~s highly cependent or the nature of ind~'v'te~a t'ansastion. ..ales ,n?ormatior was also prov ded far :he ex. s^.ir,g pharmacy without a dr=ve-thru k csk. at the hferid,an =•ed f.~ceyer. Th s data shows weak sales o? 41 transar_t ans aer Hour arc 33 tsar:sac?ions per hour du•ing the same days and time periads as ocllec:ed for existing drive-thru kiosks In acditior, Fred Meyer anticipates that drive-thru pharmacy Vansactians at the h+lerdiar store ccu d increase to ?C-percent of a'I pharmacy transactions as eroposee to ^.he ~-percent observed at the three existing k~csk. locatiors- Releiwed Septem~er ?4.fl+Jg. Tuesday Sea:ember 2, ~uC8 and tNedr~esday Sea:emhe~ g, 2C=fl~l. t~anai`o GrauP t? T30 ` tEh+ Awr+,ue'+..k. Su~ln 6~xJ Kn+•:ke•,d +'!A A8a34 4?5-S2ti~o6S F z,:. •125~B25-Bd3/ Table t. Existing Fred Meyer Pharmacy Data Gil Phafnla Cy CYn V6-T15rU PharlndCy Mflz CdtleUe 4w6ra~8 Tf8!1@aCtlOn Strte fSa1e rlma Trarreael9ana~ Ttaneactiona' (vehl Time{m:ae; ~~:e'eC ?~?26L~? ~i:OC PA1 2E t' ~ = - E:CC PAd 18 9 rC" Feces c°+a; . ?,_GL-? .1:CL Pr,t 52 2 t ` ,^ n:D_ P\f 3C _ "5 6 ?:'2DL•d a:DC PN 59 C - E:G= P~,f 24 _ E •'Alll ~~re?x 3::'2DC°+ d:C: pk1 28 _ S 21 E:D. Pt4 9 T `_ ~E E.QC Poi i' _ ? ~3 _ 6:U~ PN 2 - - -- - rvraP T-aap', 9-arrerorai ?'s _. P9rC&nT urTrarrsacuons ar Dm•e-rhru @-745` Mfa,etme;m ubse,~vad ~i.~a~e 2 ve14c9es ;,verage ~ raRaacraon r;me Pri~ss) e~?9 -7ta:= •rm]:~.-'a'.]::r--:f_,_t;ee:]IC+'~e-:'rv arr r-:tcr. Irar:aCCr - ='^.r7Yr.. =-]-r-]-:. ?r]-: _:+:--: c-.. -a.r7e: rt~t: r~rr :~ar.]:ars art rc n ;rcrc trarmc:v: ' s...].!:'crr].--]. a'••~:h ~,cr.e :•e z'~Sxr In m:] _-~t~e-_-.~ ~•,:f: -~.-.>-]-r. -ar._:': r. ":r.. ':a4r_-.:-j'~r~~r]~nac~•.ar^.a':Cr.~-"L']1 in~:r :e""~ohar"]': r'-'.1: Project Impacts The passible ~moacts of the M1e'idian Fred +4teyer tlrve-thrJ pha'macy kiosk can be assessec using a ratio of maxrmJe GJeue enq~:h to tt~e number of dive-[h~u transactions. -his estimates :he max'm Jm CUeUe Cased cn the rat16 t,^et'A'Een :hE max mun' Lit; sE'wBC aJel.E a: ary Cf t9',E tfl'EE existir=g dri•.~e-tnru bharmacy Lbca:rons and the maximum number o= Cnve-thru pharmacy transact•b~s. The r+a:.:~r"um queue was observed a: the hAi l Creek location and cor•espands :c a peak numtrer of 3 drive-tbru Pharr-acy !ransac:ions during the same 1-hcu~ period. -his resuts in a rati© of O.6F queued vehicles per drive-thru transaction. A(thocgh drive-thru pham~acy transactions crmpnse ~3 ;-beroen: of ad pharmacy transactions at ti^~e three ec sting drive-th•t, locations, Fred Meyer anticipates that up to 1 D-percent of pharmacy ;ransacbons a: the tr9erid+an, Idaho store may use the proposed drive= nru kiosk @ased bn the 41 transacUc~s a: the h9erid=an, Idaho during the peak period. up to 4 pharmacy transactions would occur at the proposed drive-thru during the peak 1-hour period. Sasetl upon the rat~b (C.&' vehictes per transa•r`tioni and the estmated number of transactiors that wound occur at the driv=-thru pharmacy .dur=ng :hE p=ak perod P~ :ransacbons per Hour), up to 3 ~tC€'~1tSpO:~~7JP vehicles could queue at the proposed drive-thru pharmacy.' As snow•n in =igu~e 1, a cue~e of three ~:ehicies would no- C4ock the dive aisle adjacent tc the dive-th+u pharmacy kiosk and n fact wculd every accommodate ., cueue of up to 4 vehicles. This ~ncluees t'1r cis;ance necessary tc not block the pedes^.rian walk-way. ;~. ~. •,f! ~•~ . 'E'~~., E M ~ ~ ,l"i•` tL,, Y, ' ~'CCJ~J~11 w a ~ ?~~ „ 6 i ~ ~ r ~~, ~ i _. r. Figure t. F'ropased Dnve-thru pharmacy Gueurng ~ :i~rr.raundin~ C.ircu at:cn ('~ @? a•eh Iles per transaction: x i4 transactions} _ - d8 vehicles rounded up to 3 vehicles ~tf8f1S(JO:.~JE` B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site plan, prepared by Western Design Group, dated 9/15/09, labeled as Sheet C1.0, is approved as submitted. The Applicant shall comply with all previous and current conditions of approval associated with this site, including those outlined below, and provisions of the UDC. 1.2 The applicant shall comply with the applicable Specific Use standards listed in UDC 11-4-3-11 for drive-through establishments as follows: a. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way/driveway by patrons; b. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; c. A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. 1.3 Building elevations for the pharmacy kiosk shall comply with the elevations shown in Exhibit A.3. 1.4 The applicant shall submit a Certificate of Zoning Compliance application in compliance with the conditions of approval contained in this report for the establishment of the proposed use, prior to issuance of any building permits. 1.5 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance (UDC 11-3D). 1.6 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 use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 Bollards shall be installed on either side of the pharmacy kiosk for protection of the structure. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT In response to your request for comment, the Ada County Highway District (ACHD) Planning Review staff has reviewed the submitted application and site plan for the items referenced above. It has been determined that there are no site specific requirements for you at this time due to the fact that all street improvements exist abutting the site. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require improvements to the transportation system at that time. Prior to final approval you will need to submit construction plans to the ACRD 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. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning 8 Development Services at 387-6170 for information regarding impact fees. Prior to the construction or installation of any roadway improvements (curb. gutter, sidewalk, pavement widening, driveways, culverts, ete>. a permit or license agreement must be obtained from ACHD. Standard Conditions of Approval 1. Any e:~:rsting irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located ~v~nthin amy ACHG roadway or right-of-way. 3. All utiiit; relocation casts associated veith improving street #rontages abutting the site shat! be home k1y the de'wedoaer. 4. Replace ar}y existing damaged curt;; gutter and sidewalk and any that may be damaged during the construction of the proposed deveioomenu. Cor~ract Construction Services at 387-0280 wi:h file number'. for details. 5. Comply with the District's Tree Planter'J4'idth Policy. a. U?ility street cuts in pavement less than five years old are riot allowed unless approved in writing by the Gistrict. Contact the District s Utili'»Y Goordinatar at 387-658 r~n-ith file nuntbersl for details. 7. All design aa~d construction shall Ise in accordance with the Ada County Highway Gistrict Policy Manual, ISP'dt~C Standards and approved supplements. Canstnrc:ion Services procedures and all applicable .ACHD ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare as~d certify all improvement plar7s. 8. The app•Ircant shall submit revised plans far staff appror'al, prror to issuance of building pem~it (or other required permits), which incorporates any required design changes. 9. Cans:suction, use and property development shall '.>e in conformance with all applicable requirements of the Ada County Highway District prior to District approval far occupancy. 10 Payment of applicat~le read impact fees are required prior to building construction. The assessed impact fee will be based era ttre impact fee ordinance that is in effect at the; time. 11 tt is the responsibiliry of the applicant to verify al# existing utilities within :ne right-of-way The applicant at na cast to ACHG shall repair e~:is:ing utilities damaged by :he apolicar~t. The applicant shalt t~ required to cal# DIGLINE (1-811-342-1:;8~; a least two `ul #~usiness days prior to breaking grau*ad 'within ACHG right-af-'way. The applicant shall contact ACHG Traffic operations 387-F;1 GC in ttte even: any ACHG conduits (spare ar filled;} are comaromised during any phase of construction. 12 No change in ttae terms and conditions of than approval shall :~e valid unless they are in writing and signed 17y the apalicant or the applicarr's authorized representative and an authorized representative of the Ada County Highway District. The burden sflall be upon the applicant to ot~tain written confirmation of any change from the Ada Canty Highway District. 13 Any change by the applicant in the planned use of the oropert}, which is the subject of :his application, shall require the applicant to comply with al# rules, regulations, ordinances, plans, or ether regulatory and legal restrictions in force at the time the applicant ar is successors in interest advises the Highway District of its intent to ctaange vie planned use of the su.~ject proper,; un#ess a waiver+vahance of said requirements or other legal re#ief is granted pursuant to the law in effect at the time Oae cfaange in use is sought. C. Required Conditional Use Permit Findings from UDC: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the existing site is large enough to acconunodate the proposed use and comply with the dimensional and development regulations of the C-G zoning. Staff recommends the Conunission rely on Staff's 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. Staff finds that the Comprehensive Plan Future Land Use Map designation for this property is Commercial. The property is currently zoned C-G, which complies with this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, Staff believes that the proposed use will not adversely change the essential character of the area. The Commission should rely upon any public testimony provided to determine if the development will be compatible with other uses in 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. Staff fmds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that the site will be adequately served by the previously mentioned public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. Staff 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. Staff recognizes that traffic and noise is a concern; however, Staff does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public as there are no nearby residents. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance.