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HomeMy WebLinkAboutFred Meyer Pharmacy CUP-09-009CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF E IDIAN~-' LAW AND DECISION & ORDER In the Matter of Conditional Use Permit for a Drive Through Pharmacy for the Fred Meyer Store Located at 1850 E. Fairview Avenue in the C-G Zoning District, by Fred Meyer Stores, Inc. Case No(s). CUP-09-009 For the Planning and Zoning Commission Hearing Date of: October 15, 2009 (Findings on November 5, 2009) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 15, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 15, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 15, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 15, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-009 Page 1 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 Chairman 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 Conditions of Approval in the attached Staff Report for the hearing date of October 15, 2009, 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 Conditional User Permit as evidenced by having submitted the Site Plan attached in Exhibit A of the staff report dated September 15, 2009, 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 October 15, 2009, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with I 1-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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-009 Page 2 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 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 may be 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 may be 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 October 15, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-009 Page 3 ~~ ~~ By action of the Pla ning & Zoning Commission at its regular meeting held on the ~' day of ~~~, ~~~~,~ ~~;~- , 2009. COMMISSIONER DAVID MOE VOTED ~~' (Chair) COMMISSIONER MICHAEL ROHM VOTED L- ~,~ f COMMISSIONER WENDY NEWTON-HUCKABAY VOTED C COMMISSIONER TOM O'BRIEN VOTED COMMISSIONER JOE MARSHALL - - - VOTED (..,~ ,~ ~. 'vim DAV~~ MOE Attest: ~! ~ ler ~. Jay ee 1 ~~ n, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City ,,,~~~~~~,rr,r,;, Attorney. \~~~`y pF ME}~j~~'%,,, U~ \~~ptPORq TAO : , t B % J ~ ' ~ '` i r.~ ~`~r~L y: ~ ' ,I ~ _f > ~ ~ --lr-lh7 /('~ ~ Dated : ^.e City Clerk's Office ~ ~~ = ~~,~, ~.°'~~ ~ '.9~ Usr~s~• ~,~. '',,,,, ~ou~~ . ,,.,,, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-009 Page 4 STAFF REPORT Hearing Date: October 15, 2009 TO: Planning & Zoning Commission FROM: Sonya Waters, Associate City Planner (208) 884-5533 SUBJECT: CUP-09-009 -Fred Meyer Pharmacy ~~Vl E IDR IAN,=., ~J I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST 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. The Meridian Planning and Zoning Commission heard this item on October 15, 2009. At the public hearing, they moved to approve CUP-09-009. a. Summary of Commission Public Hearin: i. In favor: Kevin Kincaid ii. In opposition: None iii. Commenting: None iv. Written testimony: Kevin Kincaid v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Anna Canning b. Key Issues of Discussion by Commission: i. The proposed location of the drive-through in relation to the location previously approved with CUP-08-007. c. Key Commission Changes to Staff Recommendation: i. None 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. Fred Meyer Pharmacy CUP-09-009 Page 1 Continuance After considering all Staff, Applicant, and public testimony, 1 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 C. Applicant: Same as owner D. Representative: Kevin Kincaid, Western Design Group 4612 N.E. Minnehaha 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: Commercial/restaurant/professional service uses, zoned C-G Fred Meyer Pharmacy CUP-09-009 Page 2 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-O1-005) 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 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. 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 he accessed internally within the site via the existing access points on E. Fairview Avenue and N. Locust Grove Road. Fred Meyer Pharmacy CUP-09-009 Page 3 • "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 future surrounding ttises. Staff recommends that the Commission rely on any verbal or written testimony that may he provided at the public hearing when determining if the applicant s request is appropriate 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 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 establislunents. 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 Fred Meyer Pharmacy CUP-09-009 Page 4 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 11-4-3-11, 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 by patrons; 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 proposed without blocking drive aisles. A striped pedestrian walkway is provided with signage reading, "Keep pedestrian walkway clear" to aid in the safety of pedestrians 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 the circukrtion 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 deep, by 10-feet 5-inches tall, by 10-feet wide. The proposed kiosk shall be constructed in accordance with the elevations shown in Exhibit A.3. Note: The signage shown on the Fred Meyer building 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 Fred Meyer Pharmacy CUP-09-009 Page 5 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) 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) ll W ~_-. ,:~- v, ,~ ~, i~ LGT a z~.r~sc, ~ F. Coffee shop drive-through Q~ ~}~ LC: T 1 ~~" " r' ~ ~~ Proposed ~ ~ ZJ Drive-through ~~ ~,,.~~ ~ ~ f ~ ~ ~l f ~ ~ J :::. 'l~ '~' ' , L,JT ! ~+. 7 Bank drive-through ''~ '~' ~ '~ 4D ir,-a c]c) s - ~' ~ , _ - L~T a ~ ~ ~ g.r.i~}, _; F ~` i i i `•r_~ ~~ ~i -~ ~ F~IR'sIE~S' ~'vE!~•!JE McDonald's _ _- drive-tlu-ough ,..« , ,,. , ~% ~ ATE PL:~fit r, xt u, C r. Subway drive-through LECiBA 0 cx se.u nr~ wcrrum. 3. Elevations/Site Plan (prepared by Western Design Group, dated 9/15/09, labeled as Sheet C13) 4. Traffic Analysis (prepared by Mike Swenson & Jesse Buchman, TranspoGroup, dated 9/16/09) ~tf ~fl S~U~";-;t ?i fV1EMURANDUM ~k~$~: September 1d. 2+J~+~r T~: ~p2i.~rl-~D TQ: Sara LaFleur, Fred hdsyer Stares FI"OR1: h4ike Swenson Jesse B rchman CC: i4ev+n l~anca~d,'Ju'~stern 3esign croup St1J)J2CJ: t~'4errd;an =•ed f.~eyer Pharmacy *tiiask TraHc =.rralysis This rnemararrdum sur+~maria?s our analysis cf potent.a~ an-site c~rc:rlation ir,.pa~:as of construc~tir~ a anve-thru pharmacy kiosk at the existica Fred M1ey=~ store located n R"erd+an, idaha Tnls analyses es*-imated the r<umL:~r of vehic es canserralive"Y expected to us? the pharmacy s eriv?- thru kficsk. and the ~esultir,g aue+.ees based on oaser~~ed f~e4d data- These results were then car~parec to the arobaszd sste platy anc derrarstrated tt.at the proposed •design +sa.rld r+ot ~=bck arp+ on-site dive a sles. Data Cdllectian =r: sting driv?-ihru pharmacy v'?hicu:ar cernancs the tine tc r_or=plot? eac"+ pharmacy drive-thru tra~rsac.ticn and ven~aular qu?ue IenaYns were ohse'ved at ?t-~ree exist=nA =red h++1eyers located rn 'J'ashington state iEvsrett ~.ti!" Creek, ar+a Federat'd+Jay~} an two sepx~rate days ' Gata ,vas +~tlected between e:-~t=~ F'F~i and 7:Jt== PM1,9 an a Tuescay and'~ti'?dnesday. ~whit.h c.arresponds to the :ygrica^ peak phaFinaoy demand at exist•ng Frec Mleyar pharrnacims t*~;a-.rgha.~::he ~°dortt+vwest. Tha rKumber of p+harmaay transactions comp etc+~ curing these sarare time aerads v,~as provided by cred rvleyer stagy' Thss data is suit^ma•i~ed ir, Table t lace page ~l and va.=u=s shaver -n bold in the table correspar+~ tb tt-ae max mur^-. ot;servec values at?ach of tf^e three ccatcn=_ for coon stucy perio=d •ris sha+xn ,n Tab!e 1 at the three existing Fred ~.dep+er dr ve-thn~ pharmacy locaticrs + Aparcxir*~ateiy ?•percer,t of air pnarmaay transactsons occurred at the Criv'e-rhnu k.iask, + The maxsmum vehicular gueua observed ~nas ~ vehic'+es and + The a~+rerage time tc complete a drive-thru iransacbcn was B -nrnutes and « seconds. The table a~so shaves :h,at the maximur+-= ataeraec puer.;e does not recessariiy accar du•ing the sar^e tim? aercd as the maxcmum n:rr?be~ all drve-ti-+ru pha~ntacy trarsactiars cr e•++er the r ax:---m n_~mCe- of al' pharmaeytranssvt~ons, ss tt ~s highly e?p?r=e?ni on trte nature cf ~n;l•rFic~.a t•ansa~aicn. alws s7*r_+rniatior was alsca pray=ded for th? ?x s:ir:g pharmacy v.•ithout a dr°ve-^.hru k bsk. at the A,ferrd;an F+ed R~feyer. Th=Es data shows peak: sales o; 4t transact.ans aer hour anc 3>g rransactians per hour d'ueing the same day=_ and tir^:e periods as collected fp< Existing cnv?-thru kiosks In additior. Fred Mteyer anticipates Ynat driue-ihru pharmacy trans.actians at th? htenoian stage cpu=d rncrease to 'G-pert?nt of a'~I pharma~.y t~anaactions as baposed to the '-perpert abserwed at the three exist.ng F;~bsk. lacatiors Reo=_ived ~,eptember'4. 2~Jt~g. Tuesda} 3,?ctember 2. 2x17=g and '+AJedneseay Septemher g, ~:45"g. Pr'ansPD GrOW'P l1 yip' 7$t+s AY4tl°tU+ fia,.E. SxJdM 6u<` K<r~ta.,=d ~•I1'h ~IlCi3% A.2,5-$21~' $65 f-Abl ~25~2S-Bd3~ Ta61e t. Existing Faed 6leyer Pharmacy Data Cil Pharmacy [snve-ThrU Phafmacy bta% ~t16U@ AYera~9 TraflaaCtlOh Stare [?at5 Tlma TfarlsriCtfdne' TraneaCtiona' {vahl Tlrrle{m:aaE E~rerep =~'_ OC~3 9:G7 P44 2£ 1' i ` `.CC ?4a 78 = `~ €Cr?4i 19 ,'s ~r3rZOC9 4.G7?4t 1E ~ 1':3: £:C+? Poi 1J - ' 3p Feaara+l"1a'~ _,r2GC~3 J C~ ?hl 52 2 ' "f, 5a+. ?41 3C ' a6 ~,~a,2o~~ aC,_ a44 as _ c - tdlll ~~r£eR 9•'9,'2009 A:C-~ P#i 76 a 21 £<[~ P4t 5 9 2 `~6 £:Q7 PA# 77 2 ° 93 3t9C20I>3 4'42 PM 26 S tC<:? :0. cN 10 ., C- - b:G3 PAd - 2 - 7oratl-day 8-arre7oraa - _'?d 25 oerC{~tir ,, r Trarsacraana ar Onre-7th n1 B. P`*;` A4aXlr!IL'rn t7da®rvetl f~L'e:/8 2 kehlClea ,:vera~gs'raraaacrron 7rme ~rraal 8'25 -ala ='-.~J!It ]_5 -rar;]_: Lr; i'+=rice^. ]I cr're :','!, arc'r-SICr! liv ;a K'. Cc ^•e-Thf: ^`: ]'Yrai3 Tf]->: a-_1^]"_ C": ~ e-, _i~y G". 3'ti L-II'r~''ar59:: Cry ]rC r{ ~~fr 1. f"a';a C. C4', - ~': C1.G .'"'~Fr14~Ur~t hC4r'r : ]'-L: "+:f !S_" ~_]; a; ^_-~=Y 13,: Y:Cr ~!2 ~'rJxf 1!Y L•Jih 3 .-; 48']'T15 S1'} "]r.]"Cr; • ~` C!'~~',°fil 14:)':aCIK^.S ~ i ~~a i~C+']TYaCi ~'af,] :f:~ J:.l' ]i ILL 0!\'G-7ru OI'a!"1a:; Y.?i:l. Project Impacts The pcssib~e !mpacis of the Mteridian Fred ?,feyer drive-tl^~ru pharmacy k?osk can Ge assessed using a ratio of mast=rnurs queue :engzh tc tt+e number of dri'ae-th*~ transactions. -his estimates the m~x'm;.lm 4ueue based on the ratio between zl-de max,murr~ observed queue a' ury cf tf"ze three existing drive-thru dF~armacy Eor_atioers and the ma><imurn number o* drive-thru pharmacy iransQdt~d*rs. The r~afarrum queue ~~~as ©bserved a- the ~.Ai+I Creek Iodation and correspc+,ds td a peak. number of 3 drive-thou ~+harr-acy transac*iors during the sarr:F 1-hour period. -his resu°ts it a raa+o of 0.67 queued vehidles per drive-thru transadtion Although drive-ttlru p4~am•ady transaczi•nns comprise 87-aerce't- of asl pharmacy transactions at the three existing drive-thou lacatidns. Fred hiep~er an*.idipates tnat up to 7 D-percent of aharrr~acy ?ransadtrons at the h~lend~an, Sdah9 store ray ore the proposed drve-thru kiosk Based or. the 41 zransadt~d~rs .at zhe lt+fend-an, icaho Burr-lg the weak. pwer;od- up to 4 pharmacy transactions would scour at ttre prdpased drive-thru during the peak 9-hour period'. 3ased upon the rand ia.e- vehid;es pee transactidr i and ire estmated number of transactions that vrd~.lid odcut at Lhe drive-th?u pharmacy dur=rig the peak per=ctl ~;~ 'ransseticns Oer hourj, up to 3 {titc"3ft~('}' ~g ~i.JP vehicles could cluecee at the yroposed drive-thru ,oharn3aey.' As snov.•n in Figure 1, a Gueue of three vehicles woulc not dock th? drive aisle acljac-ent to U-=e drive-thru pharmacy kiosk ane n fact wffuid ever, accommodate a cue~+? of .ap to 4 vah~,;les Thin ~ncluaes the Cistarce necessary tc nfl: flock the pe~d?s:rian walk.-way. .tA~.. i ~~. TM~,e ---- ,~d ,~ Ee.4~~~~ , r ~ '~ ~ ~ ~~ • ` ~` 4 k~ a ~~ ~S ~~~.~~~~ ~,...~ w • '~ ~ a s ~ ~~+''ti ~+ ~~ ~ , ,~- ,~ , ~ ~,~ ~ f ~ ~ -.. rt Figure t. Fropased ~nve-'.hru pharmacy ~'ue:a~~ng ~ Surrounding Cir-cuat~cn = r~ B? v~eh cl?s per transaction ~ x i:4 trarsactiors; _ ~ 88 vehdolzs rounded up to 3 vehicles 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 DISTRIC"r In response to your request for comment, the Ada County Highway District (ACRD) 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, ACRD 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 ACRD and will be due prior to the issuance of a building permit. Contact ACRD Planning & Development Services at 387-6170 for information regarding impact fees. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement tividening, driveways, culverts, etc). a permit or license agreement must be obtained from ACRD. Standard Conditions of Approval 1. Any e:4lsting irrigation facilities shall tae relocated outside of the right-of-wa}~. 2. Pn^~^ate sewer ar water systems are prohibited from being located within any AGHD roadv~ay or right-of-way. 3. All utility relocation costs associa?.ed with improvia~g street frontages abutting ttae sate shall k e home by the developer. 4. Replace any existing dantaged curt;, gu'ier and sidewalk and any thai may he dasl7aged dosing the ccnstraction of the proposed deveiopn~ent Contact Construction Services at 387-13280 ;;witty file nuniher'l ft~' details. ~. Comoly waith the District`s Tree Planter `~+4'adth Policy. b. Utility street cuts in pavement less than fide years old are no[ allfl~n~ed unless approved in ^n,^rrting by the D?stnct. Coa~tact the District s ~Jtility Coardinazor at 387-x,251 r~Mth file n~rn~hers) fog details. 7. All design and construction shall kae in accordance with the .4dt, i~c~u~~ty High~r;ay Gistrict Policy Mantia4, ISP'a^~ C Standards and approved supplements. Ccir~strucion Services procedures and all applicable AGHD iDrdinances ut7less specifical9y waived herein. An engineer registered sn the State of Idaho shall prepare and certify ail irnpravernem plans. 8. The applicant shall sul~nit revased plans for staff approval, prior to issuance of bi~iilding permit ?or other required permi~k. which incorporates any' required design changes. 0. Construction, use and property developnpent shall k>e in conformance with all applicable requiren~~ents of the Ada Counri Highway District prior to District approval for occupancy. 10 Payment of applscahde road impact fees are required prior to huiddkng cons#ruction. The assessed impact fee wrill tie based on the impact fee ordinance that is in effect at the: time. 1 t tt is the respansihility of the applicant to verify al3 existing utilities w,tt~,in he righ-of-way. The applicant at no cost to AGHD shall repair ez:istinq utilities da.rnaged ay the applicant. The applicant chalk kae req;~ifeJ to call DIGLIhIE s:1-81 1-342-1 5851 at least trn~o folk tausiness days prior to lareaking ground wr~ithin ACHG right-of-~va^ay. The applicant shall contact ACHG Traffic C+peratiai7s 387-51 G0 in the even'. any .AGHD conduits lspare or filled:? are compromised during any phase of construction. 12 No change in the terms ar~d conditions of this approval shall •ae valid unless they are in writing and signed lay the applicant or the applican''s authari~ed reoresentative and an authari~ed representative of ttae .Ada County Hrghtivay District. The b:arden shall he upon the applicant to otatain ~nfritten confirmation of any change from the Ada County Highway District. 13 A.ny change by the applicant in the planned use of the property which fs the subject of ;lair applica-:ion, shall require the applicant to canaply wih al? rules, regulations, ordinances, plans, or other regutatony and legal restrictions in force at the time tfae applicant r1r its successes in interest advises the Highuvay District of its intent to ct;aff~e :tae planned use of the subject proper:~y unless a waiver?variance of said requirements or other legal reluef is granted pursuant to the law in effect at the time e change yin use is soughfi. 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 Commission finds that the existing site is large enough to accommodate the proposed use and comply with the dimensional and development regulations of the C-G zoning. 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 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). 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 operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, the Commission believes that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 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 the site will be adequately served by the previously mentioned public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. The 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. The Commission recognizes that traffic and noise is a concern; however, the Commission does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public as there are no nearby residents. The Commission 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. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. 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.