Loading...
Speedy Quick CUP (H-2017-0031)CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0031 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit for a dispatch center for mobile services establishment on 1.06 acres of Land in the L-O Zoning District for Speedy Quick, by Blood, LLC. Case No(s). H-2017-0031 For the Planning & Zoning Commission Hearing Date of: June 22, 2017 (Findings on July 6, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 22, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 22, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 22, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 22, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0031 Page 2 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of June 22, 2017, 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- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of June 22, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. 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 signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a 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. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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 June 22, 2017 By action of the Planning & Zoning Commission at its regular meeting held on the 12017. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN COMMISSIONER STEVEN YEARSLEY COMMISSIONER GREGORY WILSON COMMISSIONER TREG BERNT COMMISSIONER WILLIAM CASSINELLI COMMISSIONER JESSICA PERREAULT ,,Olt Attest: C.Ja ole VCity Cleric 614, day of VOTED44-SC� VOTED VOTED VOTED /n� VOTED `I hcr/ VOTED. VOTED U Copy served upon the Applicant, the Planning and Development Services Divisions of the Community Development Department, the Public Works Department and the City Attorney. By: Mo ' Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0031 Page 3 Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 1 STAFF REPORT Hearing Date: May 4, 2017(Continued to June 6 and then to June 22, 2017) TO: Planning & Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Speedy Quick – CUP (H-2017-0031) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Blood LLC, has applied for a conditional use permit for a dispatch center for mobile services business and for alternative compliance to reduce the landscape buffers on the north, west and east boundaries of the site on 1.06 acres of land in the L-O zoning district. See Section IX Analysis for more information. The applicant’s request for alternative compliance is no longer applicable because the applicant was able to obtain the required landscape buffer width along S. Meridian Road. The landscape buffers on the north and east are not eligible for alternative compliance and require City Council approval. II. SUMMARY RECOMMENDATION Staff recommends continuance of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard this item on June 22, 2017. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: David Blood (Applicant) ii. In opposition: Larry Molnar iii. Commenting: Larry Molnar iv. Written testimony: Larry Molnar v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key Issues of Discussion by Commission: i. The applicant’s interpretation of the side yard setback. ii. What types of equipment would be allowed within the outdoor storage yard. iii. How can the applicant reduce the required landscape buffers along the north and e3ast side of the property. iv. Due to the issue of signage, whether to continue to application again to ensure adequate notice. v. c. Key Commission Changes to Staff Recommendation: i. Modify condition 1.2.3 as follows: “The applicant shall include the location of the dumpster enclosure on the site/landscape plan and shall provide detail of the enclosure including size and materials used for construction. With the submittal of the certificate of zoning compliance application, the applicant shall provide a detail of the trash enclosure stamped Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 2 approved by Republic Services. provide a letter from the owner of the Treasure Valley Veterinary Clinic indicating their agreement to share trash services.” ii. Add condition 1.12 as follows: “Prior to issuance of any certificate of zoning compliance for the property, the applicant shall provide a copy of ITD’s approval to utilize the existing access to S. Meridian Road.” iii. Modify condition 2.1 as follows: “This property currently does not have direct access to sanitary sewer. The applicant will be required to either construct an 8-inch sewer main, along the S. Meridian Road frontage, to their parcel from the existing sewer in S. Edmonds Drive, or work with the property owner to the north to bring an 8-inch sewer main across that parcel from the existing sewer at the end of E. Amalie drive, or connect to the existing sewer on the west side of Meridian Road. III. PROPOSED MOTION Continuance I move to continue File Number H-2017-0031 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0031 as presented in the staff report for the hearing date of May 4, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0031 as presented during the hearing on May 4, 2017, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2560 S. Meridian Road, in the southwest ¼ of Section 1, Township 3 North, Range 1 West. B. Owner/Applicant(s): Blood, LLC 629 E. Lake Creek Street Meridian, ID 83642 C. 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 and alternative compliance. A public hearing is required before the Planning & Zoning Commission on the conditional use permit, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 14, 2017 C. Radius notices mailed to properties within 300 feet on: April 6, 2017 D. Applicant posted notice on site by: April 24, 2017 VI. LAND USE Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 3 A. Existing Land Use(s) and Zoning: There is currently a single-family home located on this site, zoned L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is currently surrounded by rural residential, office, and church uses. 1. North: Vacant residential property, zoned RUT (Ada County) 2. East: Larkspur Subdivision No. 5, zoned R-8 3. South: Veterinary Hospital, zoned L-O 4. West: S. Meridian Road and Church, zoned C-G C. History of Previous Actions:  This property was previously platted in 1985 as Lot 1, Block 1, Volkman Subdivision.  The property was annexed and zoned in 2005 (AZ-05-009). A development agreement was required with annexation; recorded as Instrument #105098809. D. Utilities: 1. Public Works: a. Location of sewer: This property currently does not have direct access to sanitary sewer. The applicant will either need to construct an 8-inch sewer main to their parcel from the existing sewer in S. Edmonds Drive, or work with the property owner to the north to bring an 8-inch sewer main across that parcel from the existing sewer at the end of E. Amalie drive. b. Location of water: A water main intended to provide service to the subject parcel currently exists along the frontage of S. Meridian Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN This property is designated “Low Density Residential” on the Comprehensive Plan Future Land Use Map. However, at the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size." At the time, the Council found that office uses were appropriate for the site and the annexation was approved with an L-O zoning designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Plan for a variety of commercial and retail opportunities within the Impact Area.” (3.05.01J) Staff believes that the dispatch center for mobile services contributes to the variety of commercial opportunities available to residents in this area of the City.  “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 4 In addition to the required street buffer landscaping and landscape buffers to adjoining uses, the applicant is responsible for installing parking lot landscaping in accord with the standards listed in UDC 11-3B-8. Staff has reviewed the submitted landscape plan and finds that it does not comply with the aforementioned requirements. (See further analysis in Analysis section below).  “Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) There is adequate water supply and pressure available to the site for fire protection.  “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02O) Staff is recommending the existing approach to S. Meridian Road be removed in accordance with UDC 11-3H-4B. The recorded development agreement allows the access to Meridian Road to remain on a temporary basis until such time as another access is constructed. Cross access to the subject property was a condition of approval with the Treasure Valley Veterinary Hospital (AZ-09-002) project, with an ultimate requirement that both access point (both the existing access from the subject property and the direct access to Meridian Road from the Veterinary Hospital lot be eliminated with the development of the southern portion of the veterinary hospital property. This would allow access to both sites from Edmonds Court. Staff believes the applicant should coordinate with the property owner of the vet clinic on an appropriate location of the shared driveway in accord with the development agreements in effect for both properties. Cross access to the subject property was a condition of approval with the Treasure Valley Veterinary Hospital (AZ-09-002) project, with an ultimate requirement that both access point (both the existing access from the subject property and the direct access to Meridian Road from the Veterinary Hospital lot be eliminated with the development of the southern portion of the veterinary hospital property. This would allow access to both sites from Edmonds Court. The applicant has contacted the adjacent property owner and has been unable to come up with an agreement to provide access at this time. Due to the difficulties in obtaining a cross-access from the adjacent properties for vehicular access, staff is agreeable to the applicant utilizing the existing vehicle access to S. Meridian Road until such time as access is available from either the north property, or from the south property. The applicant shall relinquish direct access to S. Meridian Road within six (6) months of cross- access becoming available to the property, per the existing development agreement The applicant will need to coordinate the access point to S. Meridian Road with ITD.  “Require landscape street buffers for new development along all entryway corridors.” (2.01.02E) UDC Table 11-2B-3 requires a 35-foot landscape buffer along S. Meridian Road, which is considered by the comprehensive plan as an entryway corridor. The applicant has applied for alternative compliance to reduce this landscape buffer in order to repurpose the existing home. Staff has concerns with the integration of the design of the home with the addition and does not feel it appropriate to leave the existing residence. Further if the home remains it would r equire the 10-foot multi-use pathway to be constructed closer to SH 69 which staff believes this is not safe for pedestrians or bicyclists. For these reasons, staff is not in favor of reducing this buffer. The applicant has obtained tentative approval to landscape a portion of eh right-of-way that will provide enough width to meet the requirements of the UDC for landscape buffer along S. Meridian Road. Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 5  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” Planter islands are proposed in the parking area and must be landscaped in accord with the standards listed in UDC 11-3B-8C; street buffer landscaping is required along S. Meridian Road (SH-69) in accord with the standards listed in UDC 11-3B-7C.Additionally a 20 foot landscape buffer is required to residentially zoned or residential properties. This would require a 20 foot landscape buffer along the north and east property lines.  “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The proposed business will be required to provide the required landscape buffers and vegetation to ensure that any existing or future residential properties adjacent to the subject property are not negatively impacted by the proposed use. This distance, in addition to the landscaping should help to mitigate any excessive noise. Air pollution should not be a large factor, although there will be vehicles coming and going regularly. Visual pollution will be mitigated with landscaping on the site.  “Use the design manual (3.07.02E) The applicant is required to utilize the Architectural Standards Manual in order to bring the architecture up to the standards required by the city. The elevations need to be revised in accord with these standards. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, and conditional uses in the L-O zoning district. Mobile dispatch centers are listed as a conditional use in the L-O zoning district subject to the specific use standards set forth in UDC 11-4-3-45. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the L-O zoning district apply to development of this site. D. Landscaping: 1. Street buffer landscaping: Street buffer landscaping is required in accordance with the standards listed in UDC Table 11-2B-3 for the L-O zoning district and UDC 11-3B-7C. 2. Parking lot landscaping: All parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. 3. Landscape buffers to adjoining uses: A 20-foot wide landscape buffer is required along the residential uses located on the north and east property boundaries in the L-O zoning district per UDC Table 11-2B-3 and must be installed in accord with the standards listed in UDC 11-3B-9C. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B. F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual. Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 6 G. Tree Preservation: Per UDC 11-3B-10, mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. The applicant shall coordinate with Elroy Huff of the Meridian Parks Department to review the site prior to removal of any trees. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant has submitted an application for a conditional use permit (CUP) for a dispatch center for a mobile services business in an L-O zoning district. The CUP is required per UDC Table 11-2B-2 and the recorded development agreement. Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop with two a 4,290 square foot buildings addition consisting of 4,027 square feet for the proposed east building and a 4,290 square foot building addition to the existing 1,800 square foot home. This would bring the total for the western building to approximately 5,800 square feet and the overall square footage for the entire site to10,117 square feet (s.f.). building to approximately 5,800 square feet. Specific Use Standards (11-4-3-45): A. No outdoor storage of material shall be allowed. All materials shall be stored indoors. B. Adequate off street area shall be provided for fleet vehicle storage. 1. Fleet vehicle storage shall only be on surfaces composed of one of the following materials: concrete, asphalt, grasscrete, pavers, bricks, macadam, or recycled asphalt. 2. Fleet vehicle storage shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. 3. Fleet vehicle storage shall be screened with a six foot (6') sight obscuring fence, or fleet vehicle storage shall be designed as an off street parking area consistent with the standards as set forth in sections 11-3C-5 and 11-3B-8 of this title. C. The site shall not be used as a "contractor's yard" as herein defined. D. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. E. The site shall not be used as a "terminal, freight or truck" as herein defined. Per the above standards, outdoor storage is not permitted on the property, and the parking lot shall be designed in accord with the parking lot standards in the UDC. The site plan shows a fairly substantial outdoor storage area. The applicant has indicated that this area will be for the sole use of storing fleet vehicles and that no other equipment will be placed in this area. Access: The site plan depicts an existing access point to the site from S. Meridian Road. Per UDC 11-3H-4B.2, existing approaches to SH 69 shall be allowed to continue provided that all of the following conditions are met: 1) the existing use is lawful and properly permitted; 2) the nature of the use does not change (for example, a residential use to a commercial use); and 3) the intensity of the use does not increase (for example, an increase in the square footage of commercial space). Because the intensity of the use is increasing with the expansion of the facility, the applicant is required to develop or otherwise acquire access to a street other than the state highway. Staff recommends that the use of the existing approach cease and be abandoned and removed. If the applicant desires to keep the existing access to S. Meridian Road, he is Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 7 required to apply for and receive approval from City Council fora variance and also to receive approval from ITD. In previous approvals both for this property and the property to the south, the recorded development agreements required cross access between both properties; ultimately sharing an access to Edmonds Court, a local street consistent with UDC 11-3H-4 and 11-3A-3. Cross-Access: A recorded cross-access to the property to the south currently exists. The applicant is required to use utilize this access as the main access to the site and to remove the direct access to Meridian Road upon development of this property and prior to receiving a certificate of occupancy per the recorded development agreement. The property owner to the south has recorded a cross-access agreement in favor of the subject property, and the recorded DA (Inst. No. 109120013) requires that the subject property owner grant reciprocal cross access to the property to the south as well as cross-access to the north. Staff is of the opinion that safe access to the SH 69 can be facilitated with the property owner to the south in accord with the recorded cross access. The applicant should also grant cross access to the southern property and the northern property per the recorded development agreement of this property. Cross access to the subject property was a condition of approval with the Treasure Valley Veterinary Hospital (AZ-09-002) project, with an ultimate requirement that both access point (both the existing access from the subject property and the direct access to Meridian Road from the Veterinary Hospital lot be eliminated with the development of the southern portion of the veterinary hospital property. This would allow access to both sites from Edmonds Court. The applicant has contacted the adjacent property owner and has been unable to reach an agreement to provide access at this time. Due to the difficulties in obtaining a cross-access from the adjacent properties for vehicular access, staff is agreeable to the applicant utilizing the existing vehicle access to S. Meridian Road until such time as access is available from either the north property, or from the south property. The applicant shall relinquish direct access to S. Meridian Road within six (6) months of cross- access becoming available to the property. In order to have the ability to use the existing residential access to the property for commercial purposes, the applicant must receive approval from ITD. Parking: UDC 11-3C-6 requires one off-street vehicle parking space for every 500 square feet of gross floor area in commercial districts. The total building square footage depicted on the site plan is 10,117. Based on this amount, 21 parking stalls would be required; 45 are proposed, which complies with this requirement. However, the applicant’s site plan and landscape plan do not show the entire 35-foot wide landscape buffer along Meridian Road and the required 20 foot landscape buffer to the north and to the east which does impact the design as it is currently proposed. Therefore, staff is recommending that both plans be updated with the entire required buffer widths per the UDC to ensure the site can be adequately parked per the UDC standards. UDC 11-3C-6 requires one off-street vehicle parking space for every 500 square feet of gross floor area in commercial districts. The total building square footage depicted on the site plan is 5,800. Based on this amount, 12 parking stalls would be required; 23 are proposed, which complies with this requirement. Additionally, one bicycle parking space is required to be provided for every 25 proposed vehicle parking spaces, or portion thereof, in accordance with the standards listed in UDC 11-3C-5C. Based on this requirement and the number of parking spaces provided, 1 bicycle parking space is Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 8 required. Landscaping: The applicant submitted a landscape plan for the site with the subject application, included as Exhibit A.3. A 35-foot wide street buffer is required along S. Meridian Road, an entryway corridor. The applicant is requesting to use a portion of ITD right-of-way as part of their required 35 foot landscape buffer. The applicant will need to provide proof of a license agreement in order to utilize this area. A 20 foot landscape buffer is also required on the north and east property lines to buffer against adjacent residential and future residential property. The applicant’s plan does not include the required 35-feet of landscaping and vegetation on the west, nor does it include the 20 feet of width on both the north and east, and it does not show the required landscaping on the east side. vegetation on the north and west. Per UDC 11-3B-8C.1b, a minimum 5-foot wide landscape buffer is required adjacent to parking, loading, or other paved vehicular use areas, including driveways and is required to be planted with one tree every 35 linear feet and shrubs, lawn, or other vegetative groundcover. Additionally, the reduction of the 20 foot landscape buffers along the east and north property boundaries require Council approval and cannot be reduced by the alternative compliance process. The applicant will need to apply for Council Review of this requirement in order for it to be modified. As stated above, the applicant has applied for alternative compliance to reduce these buffers in order to keep the existing home in its current location and to allow for additional parking overall. Staff is not in favor of granting approval of these reductions for several reasons which include: 1. The 35-foot landscape buffer is something that has been installed by every other business/development along Meridian Road and staff feels that the continuity is important as an entryway into the city. 2. The property to the north will redevelop as residential property in the future and these future residences deserve to have adequate buffer that similar properties enjoy. 3. The property to the east has already been developed as a residential subdivision, and the landscape buffer will further buffer those homes from the proposed commercial use. 4. Pedestrian safety is crucial along S. Meridian Road, especially since this section of roadway is 55 MPH. Staff feels that moving the sidewalk further away from the travel lanes will help with pedestrian safety. Per UDC 11-3B-8C.1b, a minimum 5-foot wide landscape buffer is required adjacent to parking, loading, or other paved vehicular use areas, including driveways and is required to be planted with one tree every 35 linear feet and shrubs, lawn, or other vegetative groundcover. Additionally, the reduction of the 20 foot landscape buffers along the east and north property boundaries require Council approval and cannot be reduced by the alternative compliance process. The applicant will need to apply for Council Review of this requirement in order for it to be modified. The landscape plan has the following deficiencies that need to be addressed: 1. North landscape buffer: a. No shrubs are shown on the plan. b. The buffer width is shown at eleven feet. The UDC requires a twenty foot buffer. 2. East landscape buffer: a. The buffer is not shown on the plan. The buffer is required to be 20 feet in width. Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 9 b. It does not depict the required trees or shrubs. 3. Landscape buffer adjacent to Meridian Road: a. The plan does not show the required number of trees, shrubs. b. It does not show the required width. The existing home is within the required 35-foot landscape buffer and shall be removed. 4. Parking lot landscaping: a. Finally, parking lot landscaping is required to be installed in accordance with the standards listed in UDC 11-3B-8C. Staff feels that in order to comply with the above conditions that the applicant should obtain the services of a landscape architect to ensure that the requirements of the UDC are met . UDC 11-3B-3(C) requires that a landscape plan be prepared by a landscape architect, landscape designer or qualified nurseryman. 1. The property to the north will redevelop as residential property in the future and these future residences deserve to have adequate buffer that similar properties enjoy. 2. The property to the east has already been developed as a residential subdivision, and the landscape buffer will further buffer those homes from the proposed commercial use. The landscape plan has the following deficiencies that need to be addressed: 1. North landscape buffer: a. The buffer width is shown at eleven feet. The UDC requires a twenty foot buffer. 2. East landscape buffer: a. The buffer is not shown on the plan. The buffer is required to be 20 feet in width. b. It does not depict the required trees or shrubs. 3. Parking lot landscaping: a. Finally, parking lot landscaping is required to be installed in accordance with the standards listed in UDC 11-3B-8C. The landscape plan should be revised per the above comments. Staff recommends the landscape plans be revised in accord with the conditions listed in Exhibit B prior to the Commission hearing. Trash Enclosure: A dumpster to serve the proposed business is not depicted on the site plan. The applicant should obtain approval from Republic Services for the location and design of the enclosure. With the submittal of the certificate of zoning compliance application, the applicant should provide a detail of the trash enclosure stamped approved by Republic Services. Hours of Operation: The proposed hours of operation for the business are 7 am to 7 pm; Monday thru Saturday. Per UDC 11-2B-3A.4, business hours of operation in the L-O district are limited to the hours between 6:00 am and 10:00 pm. Staff has no objections to the proposed hours of operation. However, the Commission should rely on testimony presented at the public hearing to determine if the nearby neighbors have objections to the proposed hours in order to determine compatibility with surrounding properties. Sidewalks/Pathways: The site plan depicts a10-foot pathway along S. Meridian Road. The Comprehensive Plan (page 55) and UDC 11-3A-17 requires detached sidewalks along all arterial Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 10 streets within the City. Because this site is located adjacent to State Highway (SH) 69 (S. Meridian Road), a principal arterial street, a 10-foot wide detached multi-use pathway is required to be constructed within a public use easement, per UDC 11-3H-4C.4. The applicant shall revise the plan to show a detached 10-foot pathway within the required 35- foot landscape buffer. Utilities: This property currently does not have direct access to sanitary sewer. The applicant will be required to either construct an 8-inch sewer main, along the S. Meridian Road frontage, to their parcel from the existing sewer in S. Edmonds Drive, or work with the property owner to the north to bring an 8-inch sewer main across that parcel from the existing sewer at the end of E. Amalie drive. Building Elevations: Building elevations were submitted for the proposed structure as shown in Exhibit A.4. Building materials consist primarily of metal with stucco accents and metal roofing. As proposed, the building elevations may not comply with the design standards listed in UDC 11- 3A-19 and the Architectural Standards Manual. In order to better comply with the Architectural Standards Manual, the applicant should reference the following: 1. Goal 1.11 “Building design should address building scale, mass, form, and use a variety of materials and architectural features to ensure an aesthetic contribution compatible with surrounding buildings.” 2. Goal 1.20 “Design building façades to express architectural character and incorporate the use of design principles to unify developments and buildings, and relate to adjacent and surrounding uses.” 3. Goal 1.30 “Incorporate design principles to include rhythm, repetition, framing, and/or proportion. Applies to all sides of a building façade facing public roadways, that are visible from residential neighborhoods or public spaces, or facing the public entry of an adjacent building. NOTE: This is not an exhaustive list of the goals from the Architectural Standards Manual (ASM). Staff encourages the applicant to reference the ASM in order to design the building to comply with the standards contained in the ASM. Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC application for approval of the proposed use, site layout and building elevations from the Planning Division prior to submittal of a building permit application. Design Review: The applicant is required to submit a Design Review application concurrent with the CZC application for final approval of the site layout and building elevations. The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A- 19 and the guidelines contained in the Meridian Design Manual. Due to the number of concerns with the proposed plans, staff recommends that the Commission continue this project so the applicant can submit revised plans per the conditions listed in Exhibit B of the staff report. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site/Landscape Plan (dated: 03/22/2017 05/24/2017) (NOT APPROVED) Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 11 3. Building Elevations (dated: 03/22/2017) (NOT APPROVED) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code Exhibit A.1: Vicinity/Zoning Map Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 12 Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 13 Exhibit A.2: Site/Landscape Plan (dated 03/22/2017 05/24/2017) (NOT APPROVED) Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 14 Exhibit A.3: Proposed Building Elevations (dated 03/22/2017)(NOT APPROVED) West SouthBuilding Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 15 East North Building Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 16 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval associated with this site (AZ- 05-009 and development agreement Inst. No. 105098809). 1.2 The site/landscape plan included in Exhibit A, dated 03/22/2017 05/24/2017 shall be revised according as follows: 1. The applicant shall revise the north and east landscape buffer to include the required 20-foot landscape buffer in accord with UDC 11-3B-9 or seek City Council Review to reduce the buffer widths abutting these boundaries. 2. The applicant shall provide parking lot landscaping in accordance with the standards listed in UDC 11-3B-8C. 3. The applicant shall include the location of the dumpster enclosure on the site/landscape plan and shall provide detail of the enclosure including size and materials used for construction. With the submittal of the certificate of zoning compliance application, the applicant shall provide a detail of the trash enclosure stamped approved by Republic Services. provide a letter from the owner of the Treasure Valley Veterinary Clinic indicating their agreement to share trash services. 4. The applicant shall obtain ITD approval for landscaping in the ROW and shall provide proof of this approval prior to certificate of occupancy for any structures on the property. 5. The outdoor storage area as depicted on the site plan shall be for the sole use of fleet vehicle storage. No other equipment shall be stored in this area. 1.3 Prior to the Commission hearing the applicant shall coordinate the cross -access with the property owner to the south of the subject property. 1.4 The hours of operation for the proposed business are restricted to the hours between 6 am and 10 pm. 1.5 The applicant shall pave the entirety of the parking areas and shall landscape the parking areas in accord with UDC 11-3B-8. 1.6 The existing vehicular access to S. Meridian Road shall be eliminated within six (6) months of another access becoming available to the property. 1.7 All lighting on the site shall comply with the standards listed in UDC 11-3A-11. 1.8 The applicant shall submit a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. 1.9 The applicant shall submit an application for Administrative Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to comply with the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 1.10 The applicant shall comply with the specific use standards set forth in UDC 11-4-3-45. A. No outdoor storage of material shall be allowed. All materials shall be stored indoors. Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 17 B. Adequate off street area shall be provided for fleet vehicle storage. 1. Fleet vehicle storage shall only be on surfaces composed of one of the following materials: concrete, asphalt, grasscrete, pavers, bricks, macadam, or recycled asphalt. 2. Fleet vehicle storage shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. 3. Fleet vehicle storage shall be screened with a six foot (6') sight obscuring fence, or fleet vehicle storage shall be designed as an off street parking area consistent with the standards as set forth in sections 11-3C-5 and 11-3B-8 of this title. C. The site shall not be used as a "contractor's yard" as herein defined. D. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. E. The site shall not be used as a "terminal, freight or truck" as herein defined. 1.11 Prior to certificate of occupancy for any structures on the property, the applicant shall provide a pedestrian pathway easement covering the required multi-use pathway along the frontage of S. Meridian Road for signature and recordation by the City. 1.12 Prior to issuance of any certificate of zoning compliance for the property, the applicant shall provide a copy of ITD’s approval to utilize the existing access to S. Meridian Road. 2. PUBLIC WORKS DEPARTMENT 2.1 This property currently does not have direct access to sanitary sewer. The applicant will be required to either construct an 8-inch sewer main, along the S. Meridian Road frontage, to their parcel from the existing sewer in S. Edmonds Drive, or work with the property owner to the north to bring an 8-inch sewer main across that parcel from the existing sewer at the end of E. Amalie drive, or connect to the existing sewer on the west side of Meridian Road. 2.2 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. 2.3 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.4 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall be dedicated via the City of Meridian’s standard forms. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, 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. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns with this application. Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 18 4. POLICE DEPARTMENT 4.1 The direct lot access to Meridian Road shall be terminated with this application. 5. REPUBLIC SERVICES 5.1 Obtain approval from Republic Services for trash enclosure prior to submittal of Certificate of Zoning Compliance application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 At the time of the staff report, staff had not yet received a report from ACHD. 7. PARKS DEPARTMENT 7.1 The Parks Department had no comments on this application. Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 19 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Commission finds that the subject property is large enough to accommodate the proposed restaurant with a drive-through and comply with the dimensional & development regulations of the C-G zoning district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Commission finds that the proposed use of the property will be harmonious with the UDC and Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Commission finds that if the applicant complies with the conditions outlined in this report, the proposed dispatch center for mobile services establishment should be compatible with residential and commercial uses in the area and should not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 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. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Commission finds that domestic water, refuse disposal, and irrigation are currently available to the subject property. The applicant shall coordinate with Public Works on availability of sewer to the property. Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and nor will they be detrimental to the community’s economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Commission finds the proposed use of the site as a dispatch center for mobile services establishment will not be detrimental to any persons, property or the general welfare of the area. Exhibit A Speedy Quick – CUP H-2017-0031 PAGE 8 h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.