HomeMy WebLinkAboutMeridian Eye Care CUP-07-022 MI-08-001RECEIVED
APR 0 7 2008
Lity Of Meridian
City Clerk Office
CITY OF MERIDIAN (.~Vl E IDIAN~~ ,
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND ~
DECISION & ORDER
In the matter of Conditional Use Permit for the construction of a new medical office in the
O-T zoning district that does not meet all of the criteria listed in the Downtown Meridian
Design Guidelines; and Development Agreement modification to remove the requirement
for cross-access between the properties located at 128 W. Cherry Lane and 1b4S W. 1st
Street, by Dan Thieme.
Case No(s). CUP-07-022 and MI-08-001
For the City Council Hearing Dates of: March 2S, and April 1, 2008 (Findings on the April
1S, 2008 City Council agenda)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of April 1, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 1, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 1,
2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 1, 2008, incorporated by reference)
B. Conclusions of Law
l . The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 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, CpNCLUSIQNS OF LAW AND DECISIQN & ORDER
CASE NO(S). CilP-07-022 MI-OS-001
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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 Conditions of Approval and modified provisions of
the Development Agreement all in the attached Staff Report for the hearing date of April
1, 2008, incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Conditional Use Permit, as evidenced by having submitted the Site Plan
prepared by James Gipson Associates, dated 2/4/08, is hereby conditionally approved;
2. The applicant's Development Agreement modification as evidenced in Exhibit A.5 of
the attached staff report for the hearing date of April 1, 2008, incorporated by reference,
is appraved; and,
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April 1, 2008, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise appraved 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 an 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-022 M1-08-001
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from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission maybe granted. With all extensions, the Director or Commission may
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 Idaha 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 canditional 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 April 1, 2008.
CITY OF MERIDIAN F1NDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-022 MI-08-001
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By action of the City Council at its regular meeting held an the ~StM
. , 2008.
day of
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED .~
(TIE BREAKER)
Attest:
Jaycee Holman, City Clerk
Copy served upon Applicant,
Attorney.
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The Pl,'anrifi~~gr ~~nt` Public Works Department and City
By: Dated: - ~~Qg
ity Clerk's Of lce -
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE Na(S). CUP-07-022 MI-OS-001
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CITY OF M ERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRI [, 1, 200$
STAFF REPORT Hearing Date: April 1, 2008
(Continued_from March 25, .2008)
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner ~ IDIAN
(208) 884-5533 1+~ 1 ,
~, .:, ~°~ i,°.~
SUBJECT: Meridian Eye Care
• CUP-07-022
Conditional Use Permit for the construction of a new medical office in the
O-T zoning district that does not meet all of the criteria listed in the
Downtown Meridian Design Guidelines
MI-08-001
Development Agreement modification to remove the requirement for cross-
access between the properties located at 125 W. Cherry Lane and 1645 W. 15`
Street
Note: The applicant has revised the site plan that was originally submitted with the application in order
to comply with dimensional standards and right-of-way requirements. This staff report is bused on the
revised plan as depicted in Exhibit A ~ f this report.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Dan Thieme, is requesting Conditional Use Permit (CUP) approval for the
construction of a new medical office building in the O-T (Old Town) zoning district. Per UDC 11-
2D-4D, all new construction and exterior modifications in the Old Town district shall be subject to
administrative design review. The criteria for design review are set forth in the document, Downtown
Meridian Design Guidelines (DMDG). The applicant believes that full compliance with the design
guidelines is not feasible and that it would result in an awkward development of the property. Per
UDC 11-2D-4D,3, any applications in Old Town that do not meet the criteria in the DMDG shall be
subject to a Conditional use Permit (CUP). A CUP is required for the subject project because the
proposed building and site layout does not meet all of the criteria listed in the Downtown Meridian
Design Guidelines. A modification to the existing Development Agreement is also requested to
remove the requirement for cross-access between the subject property and the property located at
1645 W. 15` Street, directly to the east.
The site consists of 0.34 of an acre and is located at 125 W. Cherry Lane, on the southeast corner of
Cherry Lane and W. 2"d Street.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUF and MI applications below. Staff
recommends approval of CUP-07-022 for Meridian Eye Care and MI-08-001, as presented in
the Staff Report for the hearing date of April 1, 2008, based on the Findings of Fact as listed in
Exhibit C and subject to the conditions listed in Exhibit B. The Commission is not required to
make a recommendation on the Development Agreement modification (MI-O8-p01) request)
Meridian Eye Care CUP-07-022 Page 1
CITY OF MERiD1AN PLANNING DEPARTMENT STAFF REPORT FUR THE HEARING DATE OF APR1L 1, 2008
The Meridian Plannin & Zonin Commission heard these items on Januar 3 and 17 and
Februar 7 and 21 200$. At the ublic hearin on Februar 21 2008 the moved to
recommend a royal of the sub•ect CUP re uest.
a. Summary of Commission Public Hearing;
i. In favor: James Gibson A licant's Re resentative
ii. In o osition: None
iii. Commentin :None
iv. Written testimony,: Historic Preservation Comm_ is~jQp
v. Staff presenting apulication: Sonya Wafters
vi. Other staff Commentin on a lication: None
b. Key Issue(s) of Discussion,by Commission:
i. No access to Cherr Lane once the roe is redevelo ed•
ii. Whether or. not the Old Town architectural design guidelines should be
a licable to the sub•ect ro ert because of its location on the eri her of the
Old Town district.
c. K_ ey Commission Change(s) to Staff Recommendation:
i. None ~ ~ ~ ~--
e. Outstanding Issu_e(s),for City Council:
i. None
The Meridian Cit~S: ~uncil heard these itemg_,Q 5. and April 1.200 __~
hearing on April 18t_ the_Council annroyed the c»biect C'iiP ?ndMI request.
.~.~
L
ii= In opposition: None
liL __ Historic Preservatj.~n Com
-- - - mission
~
Y. Staff nresentin~ application: Anna Canning
~.
b, ev Issues of Discussion by Council:
L tb.~ allows direct access
. _. _.__.__ _to the east• and
_
11. __
i. Council recommends that the annli 1 work with staff and t]lg Historic
Pres@fvaNon Commission to deter~~~rchitectural alter~ h~.ps_that are compatible
ii.
xt
Street•
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Numbers CUP-
07-022 and MI-08-001, as presented in the staff report for the hearing date of April 1, 2008, with the
following modifications to the conditions of approval: (add any proposed modifications).
Meridian Eye Care CUP-07-022 Page 2
CITY OF MERiDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE pF APRIL 1.2008
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Numbers CUP-07-
022 and MI-08-001, as presented during the hearing on April 1, 2008, for the following reasons: (you
must state specific reasons for denial and what the applicant could do to obtain your approval in the
future).
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Numbers CUP-
07-022 and MI-08-001 to the hearing date of (insert continued hearing date here) for the following
reason(s): (you should state specific reason(s) for continuance)
4. APPLYCATION AND PROPERTY FACTS
a. Site Address/Location:
125 W. Cherry Lane (Parcel #89453000135)
Lots 1 & 2, Block 2, Meridian Wilson Addition Subdivision
Northeast % of Section 12, Township 3 North, Range 1 West.
b. Owner:
Gerard W. Pope
2000 W. Emerald Falls Court
Meridian, ID $3642
c. Applicant/Contact:
Dr. Dan Thieme
1560 N. Crestmont Drive, Ste. A
Meridian, ID 83642
d. Present Zoning District: O-T (Old Town)
e. Present Comprehensive Plan Designation: Old Town
f. Description of Applicant's Request: The Applicant is requesting Conditional Use Per~xiit (CUP)
approval for the construction of a 3,551 square foot medical office that does not meet the criteria
of the Downtown Meridian Design Guidelines. A modification to the existing Development
Agreement is also requested to remove the requirement for cross-access between the properties
located at located at 125 W. Cherry Lane and 1645 W. 15` Street.
g. Description of Applicant's Justification for CUP Approval: "Because this site is located at the
very northwest extreme limit of the Old Town zone, we believe that some practical consideration
should be given to the design requirements; full compliance with the 01d Town design guidelines
is not feasible and would result in a very awkward development of the property." See applicant's
narrative submitted with the CUP application and Section 10, Analysis, below for more
information.
h. Description of Applicant's Justification for MI Approval: "We are requesting the requirement for
cross-access to the property to the east of this site be removed for the following reasons:
- The proposed development places a building along the east side of this property in the
area of the proposed cross-access. This is the only location on the property which will
allow a building of feasible size, the required parking and access, and the retaining of
nearly all of the existing mature trees.
Meridian Eye Care CUP-07-022 Page 3
CITY OF MERIDIAN PLANNING DEPAR'fM ENT STAFF REPORT FOR THE HEARING DATE OI~ AP.RIL 1, 2008
- No cross-access agreement existing on the property to the east; thus, the cross-access
agreement on this property would be of no value and could not be used for actual
physical access between the two properties.
- Sufficient, convenient, and appropriate access to both this property and the property to
the east exists from both W. 15` Street and W. 2°d Street, without access frpm Cherry
Lane.
- The cross-access is not needed to allow appropriate development of both of the properties
in question, and in fact would severely limit the development potential for either
property.
- Across-access would be of very little if any benefit to the public, since the properties in
question are very small. The potential for a large volume of traffic between the two
adjacent properties does not exist.
- Pedestrian access between the adjacent properties is convenient and logical, with the
existing Cherry Lane walk. Again, the potential for a large volume of pedestrian traffic
between the properties does not exist, because of the small size of both properties."
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. The subject application will, in fact, constitute a development agreement modification. By reason
of the provisions of the Meridian City Code Title 11, a public hearing is required before the City
Council on this matter.
c. Newspaper notifications published on: December l 7, and 31, 2007 (Commission); March 3, and
17, 2008 (City Council)
d. Radius notices mailed to properties within 600 feet on: December 20, 2007 (Commission);
February 29, 2008 (City Council)
e. Applicant pasted notice on site by: January 8, 2008 (Commission); March 21, 2008 Cit
Council
6. LAND USE
a. Existing Land Use(s): Single-family residence
b. Description of Character of Surrounding Area: Single-family residences exist to the south of the
site and existing and future commercial uses (bank, church) abut Cherry Lane adjacent to this
site.
c. Adjacent Land Use and Zoning
1. North: Rural residential property, zoned RUT in Ada County
2. East: Residence in transition to commercial use, zoned O-T
3. South: Single-family residences in Meridian Wilson Addition, zoned R-4
4. West: LDS Church, zoned R-4
d. History of Previous Actions Pertaining to this Site:
~ On October 19, 2004, this property (and the adjacent property to the east at 1645 W. 1``
Meridian Eye Care CUP-07-022 Page 4
CITY OF MERIDIAN PLANNING DEPARTMEN'T' STAFF REPORT FOR THE HEARING DATE O.F APR1L 7, 2008
Street) was rezoned (RZ-04-010) from R-4 to O-T (Ordinance #04-1111). A
Development Agreement (Instrument No. 108006032) was required with the rezone of
the property and was approved by City Council on January 8, 2008. Further, a concept
plan was approved with the rezone ordinance (#04-1111) for this site and the adjacent
property to the east.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: 8 inch service line on the west side of the property that flows to a
12inch line located in W Cherry Ln.
Location of water: N.W. 2id Street
Issues or concerns: None
2. Vegetation: There are 5 existing trees on the site; 2 are proposed to be removed (1 of which
is dead) and 3 are proposed to be retained. Mitigation and protection is required, in
compliance with UDC 11-3B-10, for the healthy trees on-site. See Analysis, Section 10 for
more information.
3. Floadplain: NA
4. Canals/Ditches Irrigation: NA
5. Hazards: No hazards are known to exist on the site
6. Existing Zoning: O-T (Old Town)
7. Lot Size: 0.34 of an acre
f. Conditional Use Information:
1. Non-residential square footage: 3,600 square feet
2. Hours of Operation: 8:00 a.m. to 6:00 p.m. Monday thrpugh Friday and 8:00 a.m. to 3:00
p.zn. on Saturday
g. Off-Street Parking:
1. Parking spaces required: 7
2. Parking spaces provided: 10
3. Compact spaces proposed: 0
h. Landscaping
1. Width of street buffer(s): NA (street buffers are not required in the O-T district)
2. Width of buffer(s) between land uses: NA (buffers between land uses are not required in the
O-T district)
3. Other landscaping standards: See 11-3B-8, Parking Lot Landscaping, far internal parking lot
landscaping requirements.
i. Required dimensional standards for the O-T zone, per UDC 11-2D-4:
- Maximum building height: 75'
- Minimum number of stories for new construction: 2
- All new construction and exterior modifications shall be subject to administrative design
review in accordance with the criteria set forth in the Downtown Meridian Design Guidelines
Meridian Eye Care CUP-07-022 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1.2008
(DMDG). Applications (such as this one) that do not meet the criteria in the design guidelines
shall be subject to a CUP.
Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this
site is proposed on the site plan from W. 2°d Street. Direct access to W. Cherry Lane is prohibited.
7. COMMENTS MEETING
On December 14, 2007, a joint agency and departments meeting was held with service providers in
this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary
Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B
below,
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Old Town."
Old Town is defined in the Comprehensive Plan as follows: "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 of multi-family residential over ground
floor retail or office uses. In order to provide and accommodate preservation of the historical
character, specific design requirements may be 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 areas, both sides of a street
were incorporated into the boundary to encourage similar uses and complimentary design of the
facing houses and buildings." Staff finds that the proposed use of the property as an office complies
with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set
forth therein.
Staff finds that the request generally conforms to the stated purpose, intent, and standards of the Old
Town land use category within the Comprehensive Plan. Staff finds the following Comprehensive
Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):
• Chapter VII, Goal I, Objective B, Action 5 (page 109) -Locate new community commercial
areas on arterials or collectors near residential areas in such a way as to complement with
adjoining residential areas.
This site is located adjacent to W. Cherry Lane, an arterial roadway, and single family
residences to the south of the site. The proposed medical office should complement the
surrounding residential uses while providing amuch-needed service in this area.
• Chapter V, Goal III, Objective D, Action 3 (page 43) -Require all new parking lots to
provide landscaping in internal islands.
The site plan depicts internal parking lat landscaping on the site in compliance with the
standards listed in UDC 11-3B-8.
• Chapter VII, Goal N, Objective D, Action 2 (page 114) -Restrict curb cuts and access points
on collectors and arterial streets.
This site is not proposing and is not approved for direct access to W. Cherry Lane, an
arterial roadway. Access to the site is proposed from W. 2°d Street. The applicant is
Meridian Eye Care CUP-07-022 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008
proposing to mad the development agreement on this site that requires cross access with
the property to the east.
• Chapter N, Goal T, Objective A, Action 6 (page 26) -Permit new residential, commercial, or
industrial developments only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City.
The subject property lies within the boundaries of the City of Meridian and is provided with
City services.
Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible
with the surrounding uses. See Section ZO below pertaining to the subject CUP request pertaining
to compliance with the Downtown Meridian Design Guidelines. Stuff 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 request is appropriate,for this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2D-2 lists the permitted, accessory, and
conditional uses in the O-T zoning district. Healthcare offices are a permitted use in the O-T
zoning district. However, because the applicant cannot comply with all of the criteria of the
DMDG, a CUP is required.
b. Purpose Statement of Zone: Per UDC 11-2D-1, the purpose of the traditional neighborhood
districts is to encourage mixed use, compact development that is sensitive to the environmental
characteristics of the land and facilitates the efficient use of services. Vertically integrated
residential projects are encouraged in all traditional neighborhood districts. A traditional
neighborhood district diversifies and integrates land uses within close proximity to each other,
and it provides for the daily recreational and shopping needs of the residents.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP
request as proposed, with the following comments:
CUP: The applicant submitted a site plan, prepared by James Gipson Associates, dated 2/d/08,
labeled as Sheet 1. The applicant is proposing to construct a new two-story 3,600 square foot
medical office building on the subject property. Per UDC Table 11-2D-2, healthcare services are
a permitted use in the O-T zoning district. However, per UDC 11-2D-4D, all new construction
and exterior modifications in the O-T district are subject to administrative design review in
accordance with the standards listed in the Downtown Meridian Design Guidelines (DMDG).
Any applications that do not meet the criteria in the design guidelines are subject to a conditional .
use permit. Because the applicant is unable to comply with all of the Downtown Meridian Design
Guidelines (DMDG) as required in the O-T zoning district, a CUP is required.
Dimensional Standards: Currently, the only development standards in the O-T district are as
follows: (Staff's comments are in italics)
- Maximum building height: 75' (The proposed building is depicted on the elevations as
being approximately 27 feet tall at the highest paint, which complies with this
requirement.)
- Minimum number of stories for new construction: 2 (Approximately 2/3 of the building
footprint has two-stories, the remainder is one story.)
- All new construction and exterior modifications shall be subject to administrative design
Meridian Eye Care CUP-07-022 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAT'.E OP APRIL 1, 2008
review in accordance with the criteria set forth in the Downtown Meridian Design
Guidelines (DMDG). Applications (such as this one) that do not meet the criteria in the
design guidelines shall be subject to a CUP. (The applicant cannot comply with all of the
design guidelines, thus the reason for the CUP request. See below,for the specific items
that the applicant cannot comply with.)
Design Guidelines: The Downtown Meridian Design Guidelines were mainly intended for
mixed-use buildings within the City's core. However, as currently written in code, all O-T zoned
property is subject to the standards. Selaw is a list of the design guidelines applicable to this site:
(Staff's comments in italics)
1. Setbacks: All new buildings must have first floor facades built to the public right-of--way
at the street .sides and to interior lot lines (exceptions may be considered at interior lot
lines for pedestrian paths and existing adjacent buildings with windows, and for civic and
community buildings and pubic spaces). The applicant is proposing the building to be
set back 20 feet from the existing property line adjacent to Cherry Lane, which allows
for an existing tree to remain and be centrally located within the setback area and to
accommodate the d0 feet of ROW required by ACHD from the centerline of Cherry
Lane for future expansion of Cherry. The building is proposed to be setback YO feet
from the interior side property line on the east; the existing building on the adjacent
property to the east has a window facing the subject property. A 76 foot setback is
proposed from the west property dine adjacent to W. 2"d Street. The applicant does not
comply with the setback requirements; however, Staff is not recommending that the
applicant meet the setback requirements of the DMDG because of the future expansion
of Cherry Lane and the size of the structure that would be required to be constructed to
meet the setback requirement. It's not feasible to require the applicunt to construct a
13,440+/- square foot building for one tenant.
2. Building Orientation: All developments in the Downtown District shall be oriented to
the street. The requirement is met when:
a. Buildings have their primary entrance oriented toward the street. The buildings
primary entrance is located on. the west side of the building facing W. 2"d Street,
which complies with this requirement.
b. Second story uses, not associated with the ground floor use, must have their primary
entrances on the street side; a secondary entrance/exit may be located on the rear.
Only one use is proposed for this building.
c. Off-street parking, driveways, and other vehicular circulation shall not be placed
between the building and the street. The off-street parking and driveway for this site
is proposed on the west side of the building between the building and the street,
which does not comply with this requirement: Because of ACHD's ROW
requirements for the expansion of Cherry Lane and dimensional requirements for
the site (i.e. parking, drive aisles, sidewalks, etc.), Staff does not believe that it is
feasible to require the parking at the rear of the structure in this case.
d. Service areas for new buildings will be located at the rear including loading,
recycling, garbage, meters, mechanical equipment, etc. Service areas will be screened
frorn view to the height of the equipment with decorative walls compatible with the
building fagade if visible from the street. An A/C unit is shown on the site plan on
the east side of the building surrounded by a 4 foot tall fence. Staff is
recommending that the A/C unit be allowed on the east side of the structure as
proposed, instead of the rear as required, provided that the fence be constructed of
Meridian Eye Care CUP-07-022 Fage S
CITY OF MERTDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR]NG DATE OF APRIL 1, 2008
stucco and/or cultured stone to match the materials proposed on the building, as
required by #4c below. Trash will be taken to the curb; a dumpster is not proposed
on the site.
e. Rooftop mechanical equipment must be screened to the height of the equipment with
allowable exterior materials. Per the applicant, no rooftop mechanical equipment is
proposed.
3. Building Height and Form: All development in the Downtown District shall meet the
following limits of height and form:
a. Height:
i. Minimum height at street-side facade: 2 stories/40 feet
ii. Maximum height at street-side facade: 3stories/60 feet
iii. Maximum height at l.0 feet behind street-side facade: 4stories/75 feet
The building is proposed to be a 26'6" tall (to ridge) 2-story building, which
complies with the minimum and maximum height requirements.
b. Form:
i. Street-side facades must include a parapet whether a flat roof ar pitched roof is
used. The roof of the proposed structure does not have a parapet; the
building is proposed to have a pitched roof only, which does not comply with
this requirement. Staff is not recommending that the applicant be required to
provide a parapet on the proposed structure because of the property's
location on Cherry Lane (an arterial street) and the periphery of the Old
Town District. Further, the proposed elevations are more compatible with
adjacent structures.
ii. Facades stepped back 10 feet or more may have a shaped roof profile without a
parapet, but must not exceed height limit. The second story is stepped back
.from the, first floor facade, however it is not stepped back 10 feet or more. (See
3. b. i above,)
iii. Form may include corner elements at street intersections only, such as towers,
projecting bays, etc. but must not exceed height limit. The site is located at the
intersection of W. 2"`~ Street and Cherry Lane; however, corner elements are
not proposed or required.
iv. Ground level building corners, on corner lots only, may be chamfered a
distance of 10 feet maximum from the corner property line for corner entries. A
chamfered corner entry is not proposed.
v. Balconies and bay windows may project beyond the facade up to 6 feet if at
least 15 feet above ground. There are no balconies or bay windows proposed
on the second story.
4. Fagade Treatment, Entrances, Roofs: All developments in the Downtown District will
meet the following requirements for facade treatments:
a. First floor street facing facades: Facades must contain no less than 50% glass.
Storefronts must follow the proportioning system (All first floor street-facing facades
must be constructed such that storefronts can be added to allow flexibility of use over
time.) Glass must be clear with no tinting or reflectivity. Window frames must be
recessed from the face of the fmished wall a minimum of 4 inches. Non-glass
Meridian Eye Care CUP-07-022 Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APR1L 1, 2008
materials may be one or a combination of the following materials: stone or brick
masonry, tile, or stucco (concrete masonry is prohibited). Paneled painted wood may
be used within the storefront if detailed in a historically compatible manner. Active
doors are recommended approximately every 25 feet or as close as feasible for the
project. Window headers and sills are encouraged. Belt coursing at 12 feet to 20 feet
above the ground is encouraged, especially if matching an adjacent building.) The
elevations facing W. 2nd Street and Cherry Lane depict less than 50% glass, which
does not comply with this requirement. Stucco is proposed on the wall surfaces
with cultured stone accents, which complies with this requirement. The building is
proposed to only house one tenunt; thus, additional storefronts and doors are not
planned to be added in the future. Because the applicant is proposing attractive
building elevations with ample windows for this location (approximately 21 % on
W. 2"d Street and 14% on Cherry), Staff is not recommending that the applicant be
required to add additional windows/glass to total 50% of the street facing facades.
Staff believes that this percentage fits into the existing character of the buildings in
the area.
b. Street-facing facades above first floor: Street-facing facades above the first Hoar shall
have no less than 20% glass. Windows shall be vertical in proportion and frames
recessed from the face of the finished wall shall be a minimum of 4 inches.
Acceptable wall materials include stone or brick masonry, tile, and stucco (concrete
masonry is prohibited). The 2"d story facade facing W. 2"d Street has nn windows;
however it is stepped back approximately 25 feet from the west first floor facade.
The 2"d story facade facing W. 2"d Street has approximately 35% glass, which
complies with this requirement. The smaller windows that are grouped in three's
are horizontal in proportion instead of vertical; the applicant should consider other
design options to possibly comply with this requirement
c. Screening: On grade screen walls shall be constructed of materials similar to those of
the building facade if visible from the street. Roof-top screening materials shall be
compatible with building facade materials. Staff is recommending that the 4 foot tall
fence proposed around the A/C unit on the east side of the building be constructed
of stucco and/or cultured stone to comply with this requirement as it is visible from
Cherry Lane. No rooftop mechanical equipment is proposed.
d. Parapets: Parapets are required and must have a shaped cap of no less than 6 inches
vertical, projecting no less than 1 inch horizontal. Decorative elements of parapets
may exceed height limits by 4 feet maximum, and are restricted to 50% of the parapet
length. Parapets are not proposed on the building and Staff is not recommending
that they be provided (see #3.b above).
e. Projecting cornices: Projecting cornices, if used, must be consistent or compatible
with historic structures of the turn of the 20~' century. Cornices are not proposed and
are not required.
£ Awnings: Retractable fabric awnings or permanent canopies for sun protection and
the creation of protected sidewalk space are encouraged. Temporary and permanent
awnings of plastic fabric are not allowed. Awnings are not proposed and are not
required.
5. Mid-Black Pedestrian Pathways: All developments in the Downtown District will meet
the following requirements for mid-block pedestrian pathways, if those pathways are
deemed necessary by the applicant/owner. Amid-block pedestrian pathway is not
Meridian Eye Care CUP-07-022 Page 10
CITY OF MERIL7IAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APR1L 1, 2008
proposed by the applicant, Staff does not believe that one is necessary or feasible in this
area because of the existing residential neighborhood and zoning to the south.
6. Streetseape Design: Note: Streetscape Designs in the Downtown District are in the
process of being developed in conjunction with Ada County Highway District. Until
specific new streetscape standards are developed, streets and sidewalks shall be built to
be carnpatible with streetscape improvement built in 1991-1993, and as specified by
ACRD.
7. Landscaping: Until specific new streetscape standards are developed, streets and
sidewalks shall be built to be compatible with streetscape improvement built in 1991-
1993, and as specified by ACRD. Currently there are no adopted plans for detached
sidewalks along the adjacent streets and therefore, there are no street landscaping
requirements in Old Town. Surface parking lots shall be required to be screened at
the street side with minimum 3 foot high hedges, fences, or walls. Additional
plantings, such as Class I trees, flowers and/or smaller shrubs may also be included.
8. Parking: No off-street parking is required. If off-street parking is provided, the applicant
shall provide accessible spaces as per federal accessibility standards and the standards for
parking stall size in UDC Table 11-3C-5. Off-street parking is allowed only at the rear of
buildings not visible from streets and in parking structures. Off-street parking, at the side
of the building between the street and building, is depicted on the site in compliance with
the dimensional standards in UDC 11-3C-S, However, the location of the parking area
does not comply with this requirement as it is not at the rear of the building. Staff does
not believe that it is feasible to require parking at the rear of the building in this case,
as discussed above.
Building Elevations: Building elevations for the proposed building were submitted with this
application, prepared by James Gipson Associates, dated 2/4/08, labeled as Sheet 4, and are
included as Exhibit A.4. Exterior materials are proposed to be stucco wall finish with wainscot
and cultured stone accents, and architectural fiberglass shingle roof; soffit, fascia, and trim are to
be stucco, per the applicant's narrative submitted with the application. Staff is generally
supportive of the elevations proposed by the applicant, with the recommendations included in
Exhibit B, as they meet the height and story requirements, and other design guidelines of the O-T
district. The proposed building shall be constructed in accordance with the elevations shown in
Exhibit A.4, the conditions of approval in Exhibit B, and design standards listed in UDC 11-3A-
19C as detailed above.
Access: Access to the site is depicted an the site/landscape plan from a driveway connection to
W. 2"d Street, a public street. This driveway does not stub to the property to the east and is the
only access point proposed to this site. Per requirement of the Development Agreement, cross-
access is required to be provided to the property to the east for future interconnectivity between
the sites. However, the applicant is requesting a DA modification with this application to remove
the requirement far cross-access.
Parking: In traditional neighborhood districts, one off-street parking space is required per 500
square feet of gross floor area, per UDC 11-3C-6B. Based on the proposed 3,600 square foot
medical office building, 7 parking stalls are required for this business. Ten stalls (including 1
handicap accessible stall) are provided, which exceeds the number required. The applicant has
indicated in their narrative that additional parking stalls appear to be available on the adjacent
church site. Additional parking spaces are not required by the City. If the applicant proposes to
use these spaces for overflow parking, an agreement to use these spaces should be negotiated with
the church. A bicycle rack is required to be installed an the site that is capable of holding a
Meridian Bye Care CUP-07-022 Page 11
CITY OF MERIDIAN PLANNING DEPARTMEN"I' STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008
minimum of 1 bicycle and should comply with the standards listed in UDC 11-3C-SC. A bicycle
rack is depicted on the site plan, which complies with this requirement.
Landscaping: There are 5 existing trees on the site; 2 are praposed to be removed (1 of which is
dead) and 3 are proposed to be retained. The healthy tree proposed to be removed is located
within the driveway to the parking area. Elroy Huff, Parks Department, visited the site and
submitted a letter pertaining to mitigation required for removal of existing healthy tree(s) on the
site. The applicant has not addressed how they intend to mitigate for the existing healthy
tree that is proposed to be removed. The applicant should work with Elroy Huff to
determine a tree mitigation and protection plan. A copy of said plan should be submitted
with the Certificate of Zoning Compliance application. Street buffers and buffers to adjoining
uses are not required in the O-T district. However a 5-foot wide buffer is required along the south
property boundary adjacent to the parking area; a 5'6" wide buffer is currently shown to the
south, which complies with this requirement.
ACHD Right-of--Way: ACHD is requiring 60 feet of right-of--way from the centerline of Cherry
Lane and 25 feet from the centerline of W. 2nd Street. The building location depicted an the site
plan complies with the ROW requirement on W. 2nd Street and allows for the future expansion of
Cherry Lane.
Site/Landscape Plan: Staff has reviewed the landscape and site plans, prepared by James Gipson
Associates, dated 2/4/08, labeled as Sheets 1 & 2, submitted with this application and found the
following items need to be shown on a revised plan(s):
• All parking stalls adjacent to the sidewalk and the perimeter landscape buffer shall be
provided with a substantial wheel restraint to prevent cars from overhanging beyond the
designated parking stall dimensions, per UDC 11-3C-SB3 or the sidewalk and landscape
buffer should be widened to 7-foot to allow for vehicle overhang and the parking stalls
should be reduced in length to 17 feet.
• Widen the planter island at the east end of the row of parking on the north to a minimum
of 5 feet, measured inside curbs, in compliance with UDC 11-3B-8C2a.
• The parking lot shall be screened at the street side on W. 2nd Street with minimum 3 foot
high hedges, fences, or walls, per the DMDG. Additional plantings, such as Class I trees,
flowers and/or smaller shrubs may also be included.
• Depict the screening material as stucco and/or cultured stone on the fence surrounding
the A/C unit on the east side of the building.
• Frovide mitigation for existing healthy trees on-site that are removed and protect the
existing trees that are to remain, in compliance with UDC 11-35-1 OC.
Hours of Operation: The hours of operation for the proposed medical office are from 8 a.m. to
6 p.m. Monday through 1~riday and 8 a.m. to 3 p.m. on Saturday.
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to the
Planning Department for approval prior to issuance of building permits for the proposed building
on this site. The applicant should submit revised plans that comply with the conditions of
approval listed in Exhibit B of this staff report, with the CZC application. All improvements
must be installed prior to occupancy.
Meridian Eye Care CUP-07-022 Page 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008
DEVELOPMENT AGREEMENT: A modification to the existing Development Agreement is
requested to remove the requirement for cross-access between. the subject property and the
property to the east at 1645 W. Cherry Lane. Staff is supportive of the proposed modification
(included in Exhibit A) for the following reasons stated by the applicant:
- The proposed development places a building along the east side of this property in the
area of the proposed cross-access. This is the only location on the property which will
allow a building of feasible size, the required parking and access, and the retaining of
nearly all of the existing mature trees.
- Na cross-access agreement existing on the property to the east; thus, the cross-access
agreement on this property would be of no value and could not be used for actual
physical access between the two properties.
- Sufficient, convenient, and appropriate access to both this property and the property to
the east exists from both W. 15` Street and W. 2"d Street, without access from Cherry
Lane.
- The cross-access is not needed to allow appropriate development of both of the properties
in question, and in fact would severely limit the development potential for either
property.
- Across-access would be of very little if any benefit to the public, since the properties in
question are very small. The potential for a large volume of traffic between the two
adjacent properties does not exist.
- Pedestrian access between the adjacent properties is convenient and logical, with the
existing Cherry Lane walk. Again, the potential for a large volume of pedestrian traffic
between the properties does not exist, because of the small size of both properties."
Staff believes that a modification to the Development Agreement as shown in Exhibit A.5 is
appropriate and recommends approval of the applicant's request for the reasons stated above.
Note: There are na required Findings or analysis, for Development Agreement modifications
b. Staff Recommendation: Staff recommends approval of CLIP-07-022 for the proposed
medical office (healthcare service) in the O-T district, and MI-08-001 (Development
Agreement modification), as presented in the Staff Report for the hearing date of February
21, 200$, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of
approval listed in Exhibit B. The Meridian Planning & Zoning„Commission heard these
items on January 3, and 17, and February 7, and 21, 200$. At the public hearing on
February 21, 200$ they moved to recommend approval of the subject CLIP request. Thy
st
11. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Site Plan (prepared by James Gipson Associates, dated 2/4/08, labeled Sheet 1)
3. Landscape Plan (prepared by James Gipson Associates, dated 2/4/08, labeled Sheet 2)
4. Building Elevations (prepared by James Gipson Associates, dated 2/4/08, labeled Sheet 3)
5. Proposed Modification to Development Agreement
Meridian Eye Care CUP-07-022 Page 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008
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. Idaho Transportation Department
C. Required Findings from the Unified Development Code
Meridian Eye Care CUP-07-022 Page I4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008
A. Drawings
1. Vicinity Map
Exhibit A Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TWE HEARING DATE OF APRIL I, 2008
2. Site Plan (prepared by James Gipson Associates, dated 2/4/08, labeled Sheet 1)
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CITY OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2UU8
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CITY QF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1.2008
4. Building Elevations (prepared by James Gipson Associates, dated 2/4/08, labeled as Sheet 4)
Exhibit A Page I
~~ e. , ;~..°° ,
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF APRIL 1. 2008
Proposed Modification to Development Agreement (Instrument No. 108006032)
Section 5.2:
"Access to this site will be provided from West 1 S` Street and West 2na Street
Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site/landscape plan, prepared by James Gipson Associates, shall be revised per the conditions
listed below. The Applicant shall comply with all previous conditions of approval associated with
this site (RZ-04-010 and Development Agreement). The applicant shall revise the site plan as
follows:
a. All parking stalls adjacent to the sidewalk and the perimeter landscape buffer shall be
provided with a substantial wheel restraint to prevent cars from overhanging beyond the
designated parking stall dimensions, per UDC 11-3C-SB3 or the sidewalk and landscape
buffer should be widened to 7-foot to allow for vehicle overhang and the parking stalls should
be reduced in length to 17 feet.
b. Widen the planter island at the east end of the row of parking on the north to a minimum of 5
feet, measured inside curbs, in compliance with UDC 11-3B-8C2a.
c. The parking lot shall be screened at the street side on W. 2°d Street with minimum 3 foot high
hedges, fences, or walls, per the DMDG.
d. Depict the screening material as stucco and/or cultured stone on the fence surrounding the
A/C unit on the east side of the building, per the DMDG.
e. Provide mitigation for the existing healthy tree on-site that is proposed to be removed. Protect
the trees that are to remain.
1.2 The building elevations, prepared by James Gipson Associates, dated 2/4/08, are approved as
shown in Exhibit A.4. The building elevations submitted with the Certificate of Zoning
Compliance shall substantially comply with the elevations submitted with this application. ~~
public hearin:~ on April 1. 2008. the City Council recommended that the applicant work with
' le with desisrn features reauired in the Old Towne district.
13 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that
comply with the conditions of approval listed herein, prior to issuance of building permits for the
proposed building.
1.4 The applicant shall work with Elroy Huff, Parks Department, to determine a tree mitigation and
protection plan for the existing healthy trees that are proposed to be retained and the tree that is
proposed to be removed. A copy of said plan shall be submitted with the Certificate of Zoning
Compliance application for the change in use/construction of a new building of this site.
1.5 All required improvements must be complete prior to obtaining a Certificate of Occupancy far the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the
required improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
1.6 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).
1.7 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.
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008
2. PUBLIC WORKS DEPARTMENT
2.1 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way.,The common lot shall be covered with a blanket easement to the City of
Meridian.
2.2 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). The easements shall not be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard forms. Submit an
executed easement (on the farm available from 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 review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.3 The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
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
signature on the final plat by the City Engineer.
2.4 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.5 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
2.6 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc.,
2.7 A11 development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.8 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process prior to obtaining certificates of
occupancy.
2.9 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.10 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.11 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.
2.12 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 building is at least 1-fact above.
2.13 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or the
ACHD. The design engineer shall provide certification that the facilities have been installed in
Exhibit B Page 2
C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APR1L 1.2008
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.14 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
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 ''/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'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section S09.S.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.S 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 Maintain a separation of S' from the building to the dumpster enclosure.
3.7 The Fire Dept. has concerns about the addressing of the existing house and the address being visible
from the street which the project is addressed off of. Please contact the Addressing Specialist at
898-SS00 to address this concern prior to the public hearing. (This property will need to be
addressed off of W. 2°d Street.)
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
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
ExhibiC B Page 3
CITY OF MERiDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
4. POLICE DEPARTMENT
4.1 The proposed development and/or plat do not offer natural surveillance opportunities of the
public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or
Planning Staff to discuss features that increase visibility, including but not limited to: doors and
windows that look out on the public areas, front porches, and adequate nighttime lighting. The
site plan and/or landscaping plan shall be revised in accord with those discussions.
4.2 The proposed develaprnent shall limit landscaping shrubs and bushes to species that do riot
exceed two feet in height. Trees shall have a canopy of no less than six feet.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SANITARY SERVICES COMPANY
6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal prior to the
public hearing. There is a concern that the required modifications may significantly impact your
site design and may require a revised site plan. 1f the site plan is revised, contact the planner
assigned to the project immediately to discuss the changes and how to proceed with the revised
site plan.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Construct W. 2"d Street abutting the site to one-half of a 36-foot street section with vertical curb,
gutter, and 5-foot concrete sidewalk.
7.1.2 The applicant will be required to dedicate 60-feet ofright-of--way from the centerline of W.
Cherry Lane abutting the parcel. The right-of--way purchase and sale agreement and deed must be
completed and signed by the applicant prior to scheduling the final plat for signature by the
ACFID Commission or prior to issuance of a building permit (or other required permits),
whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after
receipt of all requested material. The District will purchase the right-of--way which is in addition
to existing right-of--way from available Corridor Preservation Funds.
7.1.3 Construct a driveway intersecting W. 2"d Street as proposed. Pave the driveway to its full width
and at least 30-feet into the site from the edge of pavement of W. 2°d Street.
7.1.4 Close the existing curb cut intersecting W. Cherry Lane to match existing improvements.
7.1.5 Comply with all Standard Conditions of Approval.
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 ACRD roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
Exhibit B Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING .DATE OF APRIL 1, 2008
7.2.4 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.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.d 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.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2,10 Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-af way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant ar the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upan the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 20(18
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 existing site is large enough to accommodate the proposed use, including the additional right-
of way needed for the future expansion of Cherry Lane. However, the site and proposed structure
do not comply with all of the development regulations of the O-T zoning district noted in the
Downtown Meridian Deszgn Guzdelznes (DMDG). For this reason, a CUP is requested as required
by UDC 11-2D-4D.3 far applications that do not meet the criteria of the DMDG. See analysis in
Section 10 for more information on specific guidelines that the applicant cannot comply with.
Offi~street parking is required at the ratio of one space per 500 square feet of gross floor area in
commercial districts (UDC 11-3C-6). Seven off-street parking stalls are required for this site
based on the total square footage of the building; ten are provided. The applicant complies with
this requirement.
Staff recommends the Commission and Council 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 nse will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The City Council finds that the Comprehensive Plan Future Land Use Map designation for this
property is Old Town. The property is currently zoned O-T, which complies 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.
The City Council 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.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The City Council finds that, if the Applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other praperty in the area. The Council 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 City Council fmds that the site will be adequately served by the previously mentioned public
facilities and services.
Exhibit C Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, ?008
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the Applicant will be financing any improvements required for development. The
City Council finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
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. City Council finds that the proposed use will not
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 City Council finds that there should not be any health, safety or environmental problems
associated with the proposed use. The City Council finds that the proposed use will not result in
the destruction, loss or damage of any natural, scenic, or historic feature of major importance.
Exhibit C Page 3