2008 09-041.
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I � MERIDIAN PLANNING AND ZONING
0 01 A H 0 REGULAR MEETING
AGENDA
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
Thursday, September 4, 2008 at 7:00 p.m.
`Although the City of Meridian no longer requires sworn testimony,
all presentations before the Mayor and City Council are expected
to be truthful and honest to -best of the ability of the presenter."
Roll -call Attendance:
_X Tom O'Brien
X Michael Rohm
X
Adoption of the Agenda: Approve
Consent Agenda:
X Wendy Newton-Huckabay
_X Joe Marshall
David Moe - chairman
A. Approve Minutes of August 21, 2008 Planning & Zoning
Commission Meeting: Approve
B. Findings of Fact and Conclusions of Law for Approval: CUP
08-021 Request for a Conditional Use Permit for a drive-thru
establishment in a C -G zone within 300 feet of another drive-thru
establishment for Medina Drive-thru by White -Leasure
Development Company —1653 S. Meridian Road: Approve
C. Findings of Fact and Conclusions of Law for Approval: CUP
08-019 Request for Conditional Use Permit to extend the existing
nonconforming residential use of the property located at 417 W.
Broadway Avenue in the I -L zoning district for Kerwin Shop by
William Kerwin — 417 W. Broadway Avenue: Approve
4. Continued Public Hearing from August 7, 2008: AZ 08-005 Request
for Annexation and Zoning of 72.67 acres from RUT in Ada County to R-8
(Medium Density Residential) (5.52 acres), L -O (Limited Office) (3.11
acres) and C -G (General Commercial) (64.04 acres) zoning districts for
Meridian and .Amity by Hawkins Companies — Northwest Corner of West
Amity Road and South Meridian Road: Continue Public Hearing to
October 16, 2008 (This item is to be Re -Noticed)
Meridian Planning. and Zoning Commission Meeting Agenda — September 4, 2008 Page 1 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City. Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
5. Public Hearing: AZ 08-009 Request for Annexation and Zoning of 5.56
acres from RUT in Ada County to L -O (Limited Office) (4.41 acres) and R-
8 (Medium Density Residential) (1.14 acres) zoning districts for Postal
Annex by Jack Gish — SWC of Meridian Road and McMillan Road: (This
item has been Re -Noticed from August 7t") Application Withdrawn
Meridian Planning and Zoning Commission Meeting Agenda — September 4, 2008 Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
MERIDIAN PLANNING AND ZONING
A REGULAR MEETING
AGENDA
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
Thursday, September 4, 2008 at 7:00 p.m.
`Although the City of Meridian no longer requires sworn testimony,
all presentations before the Mayor and City Council are expected
to be truthful and honest to° best of the ability of the presenter."
1. Roll -call Attendance:
X Tom O'Brien _X Wendy Newton-Huckabay
X Michael Rohm _X Joe Marshall
X David Moe - chairman
2. Adoption of the Agenda: Approve
3. Consent Agenda:
A. Approve Minutes of August 21, 2008 Planning & Zoning
Commission Meeting: Approve
B. Findings of Fact and Conclusions of Law for Approval: CUP
08-021 Request for a Conditional Use Permit for a drive-thru
establishment in a C -G zone within 300 feet of another drive-thru
establishment for Medina Drive-thru by White -Leasure
Development Company — 1653 S. Meridian Road: Approve
C. Findings of Fact and Conclusions of Law for Approval: CUP
08-019 Request for Conditional Use Permit to extend the existing
nonconforming residential use of the property located at 417 W.
Broadway Avenue in the I -L zoning district for Kerwin Shop by
William Kerwin — 417 W. Broadway Avenue: Approve
4. Continued Public Hearing from August 7, 2008: AZ 08-005 Request
for Annexation and Zoning of 72.67 acres from RUT in Ada County to R-8
(Medium Density Residential) (5.52 acres), L -O (Limited Office) (3.11
acres) and C -G (General Commercial) (64.04 acres) zoning districts for
Meridian and Amity by Hawkins Companies — Northwest Comer of West
Amity Road and South Meridian Road: Continue Public Hearing to
October 16, 2008 (This Item is to be Re -Noticed)
Meridian Planning and Zoning Commission Meeting Agenda — September 4, 2008 Page 1 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City. Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
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MERIDIAN PLANNING AND ZONING
A REGULAR MEETING
AGENDA
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
Thursday, September 4, 2008 at 7:00 p.m.
`Although the City of Meridian no longer requires sworn testimony,
all presentations before the Mayor and City Council are expected
to be truthful and honest to° best of the ability of the presenter."
1. Roll -call Attendance:
X Tom O'Brien _X Wendy Newton-Huckabay
X Michael Rohm _X Joe Marshall
X David Moe - chairman
2. Adoption of the Agenda: Approve
3. Consent Agenda:
A. Approve Minutes of August 21, 2008 Planning & Zoning
Commission Meeting: Approve
B. Findings of Fact and Conclusions of Law for Approval: CUP
08-021 Request for a Conditional Use Permit for a drive-thru
establishment in a C -G zone within 300 feet of another drive-thru
establishment for Medina Drive-thru by White -Leasure
Development Company — 1653 S. Meridian Road: Approve
C. Findings of Fact and Conclusions of Law for Approval: CUP
08-019 Request for Conditional Use Permit to extend the existing
nonconforming residential use of the property located at 417 W.
Broadway Avenue in the I -L zoning district for Kerwin Shop by
William Kerwin — 417 W. Broadway Avenue: Approve
4. Continued Public Hearing from August 7, 2008: AZ 08-005 Request
for Annexation and Zoning of 72.67 acres from RUT in Ada County to R-8
(Medium Density Residential) (5.52 acres), L -O (Limited Office) (3.11
acres) and C -G (General Commercial) (64.04 acres) zoning districts for
Meridian and Amity by Hawkins Companies — Northwest Comer of West
Amity Road and South Meridian Road: Continue Public Hearing to
October 16, 2008 (This Item is to be Re -Noticed)
Meridian Planning and Zoning Commission Meeting Agenda — September 4, 2008 Page 1 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City. Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
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MERIDIAN PLANNING AND ZONING
A REGULAR MEETING
AGENDA
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
Thursday, September 4, 2008 at 7:00 p.m.
`Although the City of Meridian no longer requires sworn testimony,
all presentations before the Mayor and City Council are expected
to be truthful and honest to° best of the ability of the presenter."
1. Roll -call Attendance:
X Tom O'Brien _X Wendy Newton-Huckabay
X Michael Rohm _X Joe Marshall
X David Moe - chairman
2. Adoption of the Agenda: Approve
3. Consent Agenda:
A. Approve Minutes of August 21, 2008 Planning & Zoning
Commission Meeting: Approve
B. Findings of Fact and Conclusions of Law for Approval: CUP
08-021 Request for a Conditional Use Permit for a drive-thru
establishment in a C -G zone within 300 feet of another drive-thru
establishment for Medina Drive-thru by White -Leasure
Development Company — 1653 S. Meridian Road: Approve
C. Findings of Fact and Conclusions of Law for Approval: CUP
08-019 Request for Conditional Use Permit to extend the existing
nonconforming residential use of the property located at 417 W.
Broadway Avenue in the I -L zoning district for Kerwin Shop by
William Kerwin — 417 W. Broadway Avenue: Approve
4. Continued Public Hearing from August 7, 2008: AZ 08-005 Request
for Annexation and Zoning of 72.67 acres from RUT in Ada County to R-8
(Medium Density Residential) (5.52 acres), L -O (Limited Office) (3.11
acres) and C -G (General Commercial) (64.04 acres) zoning districts for
Meridian and Amity by Hawkins Companies — Northwest Comer of West
Amity Road and South Meridian Road: Continue Public Hearing to
October 16, 2008 (This Item is to be Re -Noticed)
Meridian Planning and Zoning Commission Meeting Agenda — September 4, 2008 Page 1 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City. Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
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5. Public Hearing: AZ 08-009 Request for Annexation and Zoning of 5.56
acres from RUT in Ada County to L -O (Limited Office) (4.41 acres) and R-
8 (Medium Density Residential) (1.14 acres) zoning districts for Postal
Annex by Jack Gish — SWC of Meridian Road and McMillan Road: (This
item has been Re -Noticed from August 7th) Application Withdrawn
Meridian Planning and Zoning Commission Meeting Agenda — September 4, 2008 Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
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5. Public Hearing: AZ 08-009 Request for Annexation and Zoning of 5.56
acres from RUT in Ada County to L -O (Limited Office) (4.41 acres) and R-
8 (Medium Density Residential) (1.14 acres) zoning districts for Postal
Annex by Jack Gish — SWC of Meridian Road and McMillan Road: (This
item has been Re -Noticed from August 7th) Application Withdrawn
Meridian Planning and Zoning Commission Meeting Agenda — September 4, 2008 Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
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5. Public Hearing: AZ 08-009 Request for Annexation and Zoning of 5.56
acres from RUT in Ada County to L -O (Limited Office) (4.41 acres) and R-
8 (Medium Density Residential) (1.14 acres) zoning districts for Postal
Annex by Jack Gish — SWC of Meridian Road and McMillan Road: (This
item has been Re -Noticed from August 7th) Application Withdrawn
Meridian Planning and Zoning Commission Meeting Agenda — September 4, 2008 Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
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September 2, 2008
MERIDIAN PLANNING & ZONING MEETING September 4, 2008
APPLICANT ITEM NO. 3-A
REQUEST Approve Minutes of August 21, 2008 Planning & Zoning Commission Meeting:
AGENCY
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CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
COMMENTS
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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September 2, 2008
MERIDIAN PLANNING & ZONING MEETING September 4, 2008
APPLICANT ITEM NO. 3-A
REQUEST Approve Minutes of August 21, 2008 Planning & Zoning Commission Meeting:
AGENCY
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CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
COMMENTS
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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Meridian Planning and Zoning Commission September 4, 2008
Meeting of the Meridian Planning and Zoning Commission of September 4, 2008, was
called to order at 7:00 p.m. by Chairman David Moe.
Members Present: Chairman David Moe, Commissioner Joe Marshall, Commissioner
Michael Rohm, Commissioner Tom O'Brien and Commissioner Wendy Newton-
Huckabay.
Others Present: Bill Nary, Nancy Redford, Bill Parsons, and Dean Willis.
Item 1: Roll -Call Attendance:
Roll -call
X Wendy Newton-Huckabay X Tom O'Brien
X Michael Rohm X Joe Marshall
X David Moe - Chairman
Moe: Good evening, ladies and gentlemen. I'd like to welcome you to the regularly
scheduled meeting of the Planning and Zoning Commission for September the 4th. I'd
like to call this meeting to order and ask the clerk to call roll, please.
Item 2: Adoption of the Agenda:
Moe: Thank you very much. First item on the agenda is the adoption of the agenda
and it will stay as shown. Can I get a motion to accept the adopted -- the agenda?
Marshall: So moved.
Newton-Huckabay: Second.
Moe: It's been moved and seconded to approve the agenda. All those in favor say aye.
Opposed? That motion carries.
MOTION CARRIED: ALL AYES.
Item 3: Consent Agenda:
A. Approve Minutes of August 21, 2008 Planning & Zoning
Commission Meeting:
B. Findings of Fact and Conclusions of Law for Approval: CUP
08-021 Request for a Conditional Use Permit for a drive-thru
establishment in a C -G zone within 300 feet of another drive-thru
establishment for Medina Drive-thru by White -Leasure
Development Company —1653 S. Meridian Road
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Meridian Planning & Zoning
September 4, 2008
Page 2 of 4
C. Findings of Fact and Conclusions of Law for Approval: CUP
08-019 Request for Conditional Use Permit to extend the existing
nonconforming residential use of the property located at 417 W.
Broadway Avenue in the I -L zoning district for Kerwin Shop by
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William Kerwin — 417 W. Broadway Avenue:
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Moe: Next item on the agenda is the Consent Agenda. We have approval of meeting
minutes for the August 21st P&Z meeting and the Facts of -- Findings of Fact and
Conclusions of Law for approval of CUP 08-021 and the Findings of Fact and
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Conclusions of Law for approval for CUP 08-019. Any comments or questions from the
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Commission?
Newton-Huckabay: I have none.
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Moe: Can I get a motion to accept the Consent Agenda?
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Newton-Huckabay: So moved.
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O'Brien: Second.
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Moe: It's been moved and seconded to approve the Consent Agenda. All those in favor
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say aye. Opposed? That motion carries.
MOTION CARRIED: ALL AYES.
Item 4: Continued Public Hearing from August 7, 2008: AZ 08-005 Request
for Annexation and Zoning of 72.67 acres from RUT in Ada County to R-8
(Medium Density Residential) (5.52 acres), L -O (Limited Office) (3.11
acres) and C -G (General Commercial) (64.04 acres) zoning districts for
Meridian and Amity by Hawkins Companies — Northwest Corner of West
'
Amity Road and South Meridian Road:
Moe: Next on the agenda is AZ 08-005 for the Meridian and Amity property. The
applicant has requested that this be continued to our regularly scheduled meeting of
October the 16th. There are some items that the city has requested them get taken
care of and whatnot, so they requested the 16th for continuation. So, can I get a motion
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to continue this hearing?
Newton-Huckabay: Mr. Chair, does this one have to be re -noticed?
Moe: Yes, it will. The applicant will need to re -notice and it will have to be posted as
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Newton-Huckabay: So moved.
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Meridian Planning & Zoning
September 4, 2008
Page 3 of 4
Moe: And pay fees for the re -noticing.
Rohm: Second.
Moe: It's been moved and seconded to continue AZ 08-005 for Meridian and Amity to
the regularly scheduled meeting of October the 16th, 2008. All those in favor say aye.
Opposed? That motion carries. Thank you, gentlemen.
MOTION CARRIED: ALL AYES.
Item 5: Public Hearing: AZ 08-009 Request for Annexation and Zoning of 5.56
acres from RUT in Ada County to L -O (Limited Office) (4.41 acres) and R-
8 (Medium Density Residential) (1.14 acres) zoning districts for Postal
Annex by Jack Gish — SWC of Meridian Road and McMillan Road: (This
item has been Re -Noticed from August 7th)
Moe: Next Item on the agenda is AZ 08-009, which was the Postal Annex and the
applicant has requested -- had submitted a letter requesting that this item be withdrawn,
so could I get a motion to approve the withdrawal of AZ 08-009?
Marshall: So moved.
O'Brien: Second.
Moe: It's been moved and seconded to approve the withdrawal of AZ 08-009. All those
in favor say aye. Opposed? That motion carries.
MOTION CARRIED: ALL AYES.
Moe: If I could get one more motion, folks.
Marshall: Mr. Chair, I move we adjourn.
Rohm: Second.
Moe: It's been moved and seconded to adjourn. All those in favor say aye. Opposed?
Motion carries.
MOTION CARRIED: ALL AYES.
Moe: We have adjourned at 7:03.
MEETING ADJOURNED AT 7:03 P.M.
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Meridian Planning & Zoning
September 4, 2008
Page 3 of 4
Moe: And pay fees for the re -noticing.
Rohm: Second.
Moe: It's been moved and seconded to continue AZ 08-005 for Meridian and Amity to
the regularly scheduled meeting of October the 16th, 2008. All those in favor say aye.
Opposed? That motion carries. Thank you, gentlemen.
MOTION CARRIED: ALL AYES.
Item 5: Public Hearing: AZ 08-009 Request for Annexation and Zoning of 5.56
acres from RUT in Ada County to L -O (Limited Office) (4.41 acres) and R-
8 (Medium Density Residential) (1.14 acres) zoning districts for Postal
Annex by Jack Gish — SWC of Meridian Road and McMillan Road: (This
item has been Re -Noticed from August 7th)
Moe: Next Item on the agenda is AZ 08-009, which was the Postal Annex and the
applicant has requested -- had submitted a letter requesting that this item be withdrawn,
so could I get a motion to approve the withdrawal of AZ 08-009?
Marshall: So moved.
O'Brien: Second.
Moe: It's been moved and seconded to approve the withdrawal of AZ 08-009. All those
in favor say aye. Opposed? That motion carries.
MOTION CARRIED: ALL AYES.
Moe: If I could get one more motion, folks.
Marshall: Mr. Chair, I move we adjourn.
Rohm: Second.
Moe: It's been moved and seconded to adjourn. All those in favor say aye. Opposed?
Motion carries.
MOTION CARRIED: ALL AYES.
Moe: We have adjourned at 7:03.
MEETING ADJOURNED AT 7:03 P.M.
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September 2, 2008 CUP 08-021
MERIDIAN PLANNING & ZONING MEETING September 4, 2008
APPLICANT White -Leasure Company ITEM NO. 3-B
REQUEST Findings of Fact & Conclusions of Law for Approval - Conditional Use Permit
for a drive-thru establishment in a C -G zone within 300 feet of another
drive-thru establishment for Medina Drive-thru- 1653 S. Meridian Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANKING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
COMMENTS
See Attached Findings
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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September 2, 2008 CUP 08-021
MERIDIAN PLANNING & ZONING MEETING September 4, 2008
APPLICANT White -Leasure Company ITEM NO. 3-B
REQUEST Findings of Fact & Conclusions of Law for Approval - Conditional Use Permit
for a drive-thru establishment in a C -G zone within 300 feet of another
drive-thru establishment for Medina Drive-thru- 1653 S. Meridian Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANKING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
COMMENTS
See Attached Findings
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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September 2, 2008 CUP 08-021
MERIDIAN PLANNING & ZONING MEETING September 4, 2008
APPLICANT White -Leasure Company ITEM NO. 3-B
REQUEST Findings of Fact & Conclusions of Law for Approval - Conditional Use Permit
for a drive-thru establishment in a C -G zone within 300 feet of another
drive-thru establishment for Medina Drive-thru- 1653 S. Meridian Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANKING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
COMMENTS
See Attached Findings
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
E• IMAM
In the Matter of Conditional Use Permit for a Drive Through Establishment in a C -G Zone
within 300 feet of Another Drive Through Establishment, per Requirement of UDC 114-
3.11, by White Leasure Development Company.
Case No(s). CUP -08-021
For the Planning and Zoning Commission Hearing Date of: August 21, 2008 (Findings on
September 4, 2008 agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2008
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 21, 2008
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
21, 2008 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August 21, 2008 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 August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -08-021
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
E• IMAM
In the Matter of Conditional Use Permit for a Drive Through Establishment in a C -G Zone
within 300 feet of Another Drive Through Establishment, per Requirement of UDC 114-
3.11, by White Leasure Development Company.
Case No(s). CUP -08-021
For the Planning and Zoning Commission Hearing Date of: August 21, 2008 (Findings on
September 4, 2008 agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2008
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 21, 2008
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
21, 2008 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August 21, 2008 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 August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -08-021
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
E• IMAM
In the Matter of Conditional Use Permit for a Drive Through Establishment in a C -G Zone
within 300 feet of Another Drive Through Establishment, per Requirement of UDC 114-
3.11, by White Leasure Development Company.
Case No(s). CUP -08-021
For the Planning and Zoning Commission Hearing Date of: August 21, 2008 (Findings on
September 4, 2008 agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2008
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 21, 2008
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
21, 2008 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August 21, 2008 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 August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -08-021
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5. It is found facilities and services required by the proposed development will not
public
impose expense upon the public if the attached conditions of approval are imposed.
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6. That the City has granted an order of approval in accordance with this Decision, which
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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.
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7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of August 21, 2008 incorporated by reference. The conditions are
4,
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:
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1. The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan,
dated 6/26/08, is hereby conditionally approved; and,
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2. The site specific and standard conditions of approval are as shown in the attached Staff
,
Report for the hearing date of August 21, 2008 incorporated by reference.
3
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
s
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, the requirements set forth in the conditions of approval,
,
satisfy
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
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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
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from the original date of approval. If the successive phases are not submitted within the
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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 -5B -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
f51
Commission may be granted. With all extensions, the Director or Commission may
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require the conditional use comply with the current provisions of Meridian City Code
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -08-021
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Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of August 21, 2008
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -08-021
Page 3
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11
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Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of August 21, 2008
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -08-021
Page 3
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By action of the Plannin & Zoning Commission at its regular
meeting held on the `,P4- day of bfif,
2008.
COMMISSIONER DAVID MOE
(Chair)
COMMISSIONER MICHAEL ROHM
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
VOTED
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VOTED
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VOTED
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COMMISSIONER JOE MARSHALL VOTED le�
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CHAIRMAN D VID MOE
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Tara Green, Deputy
Copy served upon Applicant, The
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Attorney.
Public Works Department and City
By: Dated: C! — ✓ —Qz
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -08-021
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By action of the Plannin & Zoning Commission at its regular
meeting held on the `,P4- day of bfif,
2008.
COMMISSIONER DAVID MOE
(Chair)
COMMISSIONER MICHAEL ROHM
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
VOTED
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VOTED
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VOTED
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COMMISSIONER JOE MARSHALL VOTED le�
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CHAIRMAN D VID MOE
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Tara Green, Deputy
Copy served upon Applicant, The
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Attorney.
Public Works Department and City
By: Dated: C! — ✓ —Qz
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -08-021
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
STAFF REPORT Hearing Date: August 21, 2008
TO: Planning & Zoning Commission
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: Medina Drive Through
• CUP -08-021
EIDIAN
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Conditional Use Permit for a drive through establishment in a C -G zone
within 300 feet of another drive through establishment, per requirement of
UDC 114-3.11
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, White Leasure Development Co., is requesting Conditional Use Permit (CUP)
approval for a drive through establishment within 300 feet of another drive through establishment, as
required. by UDC 11-4-3.11. The property is located on the south side of Overland Road, just west of
Meridian Road -at 1653 S. Meridian Road. The site, Lot 2, Block 1 in Medina Subdivision, is
currently zoned C -G and consists of 1.08 acres.
Unified Development Code (UDC) 11-4-3-11 requires CUP approval for drive through facilities that
are within 300 feet of another drive-through facility. Furthermore, the DA governing the site requires
CUP approval prior to any development on the site. There is an existing Walgreens' drive through
pharmacy within 300 feet of the proposed drive through.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP application below. Staff recommends
approval of CUP -08421 for Medina drive through, as presented in the Staff Report for the
hearing date of August 21, 2008, based on the Findings of Fact as listed in Exhibit C and subject
to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard
this item on August 21, 2008. At the public hearing, the Commission moved to aunrove CUP -
08 -021.
a. Summary of Commission Public Hearing:
i. In favor: Jeff Huber
ii. In opposition: None
iii. Commenting None
iv. Written testimony: None
V. Staff presenting application: Bill Parsons
vi. Other staff commenting_on application: None
1L Key Issues of Discussion by Commission:
i. The Commission recommended the applicant contact SSC to address the
modification of the trash enclosure on the site.
c. Key Commission Changes to Staff Recommendation:
i. None
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP -08-
021, as presented in the staff report for the hearing date of August 21, 2008, with the following
modifications to the conditions of approval: (add any proposed modifications). I further move to
Medina [hive Through CUP -08-021 Page 1
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5. PROCESS FACTS
Medina Drive Through CUP -08-021
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
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direct Staff to prepare an appropriate findings document to be considered at the next Planning and
,44
Zoning Commission hearing on September 4, 2008.
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Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP -08-
021, as presented during the hearing on August 21, 2008, for the following reasons; (you must state
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specific reasons for denial and what the applicant could do to obtain your approval in the future). I
further move to direct Staff to prepare an appropriate findings document to be considered at the next
Planning and Zoning Commission hearing on September 4, 2008.
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP -
08 -021 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
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a. Site Address/Location:
The site is located at 1653 S. Meridian Road.
Northeast % of Section 24, Township 3 North, Range 1 West
b. Owner:
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Bill Howell.
427 White Cloud
Boise, Idaho 83702
C. Applicant/Contact:
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White Leasure Development Company
416 S. 8t' Street
Boise, Idaho 83702
d. Representative: Jim Marsh, CSHQA
e. Present Zoning District: C -G (General Retail and Service Commercial)
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request: The Applicant is requesting CUP approval for a drive
through establishment within 300 feet of another drive through establishment. Furthermore the
,}
subject DA requires CUP approval for any development on the site.
h. Description of Applicant's Justification for CUP Approval: "The project consists of a 7,800
square foot multi -tenant retail building with associated drive through. The site is currently a
vacant tract of land, consisting mainly of 1.08 acres of bare dirt. Street landscape frontage
improvements have been constructed during construction of the adjacent property. Access to the
site will utilize the existing curb cut access points off of Overland Road. Building materials
consist of culture limestone accents to snatch the adjacent Walgreens, clear glass storefront, metal
canopies and awnings painted green to match the Walgreens and stucco in complementary earth
4 `
tones. We believe our submittal meets the criteria and submittal requirements for Conditional Use
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Permit approval." See applicant's narrative for more information.
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5. PROCESS FACTS
Medina Drive Through CUP -08-021
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5. PROCESS FACTS
Medina Drive Through CUP -08-021
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
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 -5A -2D,
a public hearing is required before the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: August 4, and 18, 2008
c. Radius notices mailed to properties within 300 feet on: July 25, 2008
d. Applicant posted notice on site by: August 11, 2008
6. LAND USE
a. Existing Land Use(s): Vacant lot within the Medina Subdivision.
b. Description of Character of Surrounding Area: The general area surrounding the proposed drive-
through consists of commercial uses with residential subdivision to the south of the subject site.
c. Adjacent Land Use and Zoning
1. North: Commercial Subdivisions (Interstate and Sandman No. 2), zoned C -G
2. East: Walgreens and Southern Springs Subdivision, zoned C -G
3. South: Vacant Commercial Land and Elk Run Subdivision, zoned C -G and R-8
4. West: Lowe's Home Improvement Store, zoned C -G
d. History of Previous Actions Pertaining to this Site: The subject site was annexed and zoned (AZ -
04 -031) in 2004. A Development Agreement (instrument # 105134293) was required at the time
of annexation to govern the site which requires CUP approval for any development within the
annexed area. The Walgreens adjacent to this site was approved by conditional use permit (CUP -
06 -015) in 2006. On June 6, 2006 the Meridian City Council approved VAR -05-027 by allowing
one right-in/right-out only driveway to Meridian Road for this property. In addition, a preliminary
plat and final plat (PP -07-003 and FP -07-013) was approved in 2007 for 6 commercial lots.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Mains were previously installed with the plated Medina Subdivision.
Location of water:. Mains were previously installed with the plated Medina Subdivision.
Issues or concerns: None
2.. Vegetation: There is existing landscaping on the site. No landscaping is proposed to be
removed with this application.
3. Floodplain: NA
4. Canals/Ditches Irrigation: N/A
5. Hazards: No hazards are known to exist on the site.
6. Existing Zoning: C -G
7. Lot Size: 1.08 acres
f. Conditional Use Information:
1. Non-residential square footage: 7,800 square foot multi -tenant building with drive through
g. Off -Street Parking: 1 per 500 square feet of gross floor area
1. Parking spaces required: 16
Medina Drive Through CUP -08.021 Page 3
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
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 -5A -2D,
a public hearing is required before the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: August 4, and 18, 2008
c. Radius notices mailed to properties within 300 feet on: July 25, 2008
d. Applicant posted notice on site by: August 11, 2008
6. LAND USE
a. Existing Land Use(s): Vacant lot within the Medina Subdivision.
b. Description of Character of Surrounding Area: The general area surrounding the proposed drive-
through consists of commercial uses with residential subdivision to the south of the subject site.
c. Adjacent Land Use and Zoning
1. North: Commercial Subdivisions (Interstate and Sandman No. 2), zoned C -G
2. East: Walgreens and Southern Springs Subdivision, zoned C -G
3. South: Vacant Commercial Land and Elk Run Subdivision, zoned C -G and R-8
4. West: Lowe's Home Improvement Store, zoned C -G
d. History of Previous Actions Pertaining to this Site: The subject site was annexed and zoned (AZ -
04 -031) in 2004. A Development Agreement (instrument # 105134293) was required at the time
of annexation to govern the site which requires CUP approval for any development within the
annexed area. The Walgreens adjacent to this site was approved by conditional use permit (CUP -
06 -015) in 2006. On June 6, 2006 the Meridian City Council approved VAR -05-027 by allowing
one right-in/right-out only driveway to Meridian Road for this property. In addition, a preliminary
plat and final plat (PP -07-003 and FP -07-013) was approved in 2007 for 6 commercial lots.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Mains were previously installed with the plated Medina Subdivision.
Location of water:. Mains were previously installed with the plated Medina Subdivision.
Issues or concerns: None
2.. Vegetation: There is existing landscaping on the site. No landscaping is proposed to be
removed with this application.
3. Floodplain: NA
4. Canals/Ditches Irrigation: N/A
5. Hazards: No hazards are known to exist on the site.
6. Existing Zoning: C -G
7. Lot Size: 1.08 acres
f. Conditional Use Information:
1. Non-residential square footage: 7,800 square foot multi -tenant building with drive through
g. Off -Street Parking: 1 per 500 square feet of gross floor area
1. Parking spaces required: 16
Medina Drive Through CUP -08.021 Page 3
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
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 -5A -2D,
a public hearing is required before the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: August 4, and 18, 2008
c. Radius notices mailed to properties within 300 feet on: July 25, 2008
d. Applicant posted notice on site by: August 11, 2008
6. LAND USE
a. Existing Land Use(s): Vacant lot within the Medina Subdivision.
b. Description of Character of Surrounding Area: The general area surrounding the proposed drive-
through consists of commercial uses with residential subdivision to the south of the subject site.
c. Adjacent Land Use and Zoning
1. North: Commercial Subdivisions (Interstate and Sandman No. 2), zoned C -G
2. East: Walgreens and Southern Springs Subdivision, zoned C -G
3. South: Vacant Commercial Land and Elk Run Subdivision, zoned C -G and R-8
4. West: Lowe's Home Improvement Store, zoned C -G
d. History of Previous Actions Pertaining to this Site: The subject site was annexed and zoned (AZ -
04 -031) in 2004. A Development Agreement (instrument # 105134293) was required at the time
of annexation to govern the site which requires CUP approval for any development within the
annexed area. The Walgreens adjacent to this site was approved by conditional use permit (CUP -
06 -015) in 2006. On June 6, 2006 the Meridian City Council approved VAR -05-027 by allowing
one right-in/right-out only driveway to Meridian Road for this property. In addition, a preliminary
plat and final plat (PP -07-003 and FP -07-013) was approved in 2007 for 6 commercial lots.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Mains were previously installed with the plated Medina Subdivision.
Location of water:. Mains were previously installed with the plated Medina Subdivision.
Issues or concerns: None
2.. Vegetation: There is existing landscaping on the site. No landscaping is proposed to be
removed with this application.
3. Floodplain: NA
4. Canals/Ditches Irrigation: N/A
5. Hazards: No hazards are known to exist on the site.
6. Existing Zoning: C -G
7. Lot Size: 1.08 acres
f. Conditional Use Information:
1. Non-residential square footage: 7,800 square foot multi -tenant building with drive through
g. Off -Street Parking: 1 per 500 square feet of gross floor area
1. Parking spaces required: 16
Medina Drive Through CUP -08.021 Page 3
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
2. Parking spaces provided: 20
3. Compact spaces proposed: 0
h. Landscaping
1. Width of street buffer(s): N/A
2. Width of buffers) between land uses: N/A (There are no residential uses that abut this site.)
3. Parking Lot Landscaping: Perimeter and internal parking lot landscaping is required upon
development of the site in accordance with the standards listed in UDC 11 -3B -8C.
i. Required dimensional standards for the C -G zone, per UDC 11-2B-3:
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The subject
site does not have direct lot access to Overland Road and none is proposed with this application.
Aright-in/right-out access approximately 255 feet from the Overland and Meridian intersection
provides arterial access for this site. In addition, a shared full access driveway is provided at the
east property line of the Lowes site via a cross access easement.
7. COMMENTS MEETING
On August 1, 2008, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire 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
"Commercial." In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to
Medina Drive Through CUP -08-021
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
2. Parking spaces provided: 20
3. Compact spaces proposed: 0
h. Landscaping
1. Width of street buffer(s): N/A
2. Width of buffers) between land uses: N/A (There are no residential uses that abut this site.)
3. Parking Lot Landscaping: Perimeter and internal parking lot landscaping is required upon
development of the site in accordance with the standards listed in UDC 11 -3B -8C.
i. Required dimensional standards for the C -G zone, per UDC 11-2B-3:
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The subject
site does not have direct lot access to Overland Road and none is proposed with this application.
Aright-in/right-out access approximately 255 feet from the Overland and Meridian intersection
provides arterial access for this site. In addition, a shared full access driveway is provided at the
east property line of the Lowes site via a cross access easement.
7. COMMENTS MEETING
On August 1, 2008, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire 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
"Commercial." In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to
Medina Drive Through CUP -08-021
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2. Parking spaces provided: 20
3. Compact spaces proposed: 0
h. Landscaping
1. Width of street buffer(s): N/A
2. Width of buffers) between land uses: N/A (There are no residential uses that abut this site.)
3. Parking Lot Landscaping: Perimeter and internal parking lot landscaping is required upon
development of the site in accordance with the standards listed in UDC 11 -3B -8C.
i. Required dimensional standards for the C -G zone, per UDC 11-2B-3:
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The subject
site does not have direct lot access to Overland Road and none is proposed with this application.
Aright-in/right-out access approximately 255 feet from the Overland and Meridian intersection
provides arterial access for this site. In addition, a shared full access driveway is provided at the
east property line of the Lowes site via a cross access easement.
7. COMMENTS MEETING
On August 1, 2008, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire 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
"Commercial." In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to
Medina Drive Through CUP -08-021
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
provide a full range of commercial and retail to serve area residents and visitors. Uses may include
retail, wholesale, service and office uses, multi -family residential, as well as appropriate public uses
such as government offices. Staff finds that the request generally conforms to this stated purpose and
intent of the commercial designation within the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis below policy in italics):
• Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
Aden the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands in -the
following manner.,
➢ Sanitary sewer and water service is extended to the project.
➢ The subject lands currently lie within the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
➢ The subject land is serviced by the Meridian Police Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
➢ The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
➢ The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss.
Municipal, fee -supported, services will be provided to this site by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water Department, the
Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility
Billing Services, and Sanitary Services Company.
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action item 2)
No new access points are proposed or approved with this application. The proposed multi -
tenant building will be accessed internally within the site via the existing access points from
Overland Road and Meridian Road.
"Plan for a variety of commercial and retail opportunities within the Impact Area.
(Chapter VII, Goal 1, Objective B)
SAff believes that the proposed multi -tenant building with ancillary drive through will
contribute to the variety of commercial uses in the general vicinity and will be a
convenience for residents of the community.
• Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action 5)
The applicant is required to install and maintain landscaping on the site in accordance with
UDC 11-3B. A landscape plan was previously approved by the Planning Department with the
Final Plat (FP -07-013) application for Medina Subdivision for the 25 foot street buffer
landscaping along Overland Road that abuts this site on the north. Internal parking lot
landscaping is proposed on the landscape plan submitted with this application far this site.
All landscaping installed on the site shall comply with the approved landscape plan and UDC
Medina Drive Through CUP -08-021 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
11-3B and shall be maintained. These standards will be enforced through the CZC review
process.
Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible
with the existing and future surrounding uses. Staff recommends that the Commission rely on any
verbal or written testimony that may be provided at the public hearing when determining if the
applicant's request is appropriate for this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-213-2 lists the permitted, accessory, and
conditional uses in the C -G zoning district. Drive through establishments require conditional use
approval in the C -G zoning district if proposed within 300 feet of another drive through facility,
residential district, or existing residence. Additionally, the applicant must comply with the
specific use standards listed in UDC 11-4-3-11 for drive through establishments.
b. Purpose Statement of Zone: The purpose of the C -G district is to provide for commercial uses
which are customarily operated or almost entirely within a building; to provide for a review of the
impact of proposed commercial uses which are auto and service oriented and are located in close
proximity to major highway or arterial streets; to fulfill the need of travel -related services, as well
as retail sales for the transient and permanent motoring public.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP
request as proposed, with the following comments:
CUP Application: The applicant is proposing to construct a 7,800 square foot multi -tenant
building with associated drive through on the subject site. At this time, tenants have not been
identified for the proposed building. It is important to note this is proposed as a multi tenant
building and staff believes the spaces should be leased to multiple tenants. Staff encourages the
applicant provide a diversity of uses within the proposed building and not create a single use
building on the site.
The DA that governs the site requires CUP approval prior to development on this site. In addition,
UDC 114-3-11 requires a CUP when a drive through establishment is within 300 feet of another
drive though establishment. In this case the Walgreens' pharmacy is adjacent to the subject site.
In compliance with the aforementioned DA and UDC requirements, the applicant has submitted
CUP application for the proposed building/development.
Drive Through Establishment: Per UDC 114-3-11, Specific Use Standards apply to the
proposed drive-through use of the property as follows:
➢ All establishments providing drive through service shall identify the stacking lane,
speaker location, and window location on the plans submitted with the Certificate of
Zoning Compliance application. The applicant has shown these items on the submitted
site plan. Staff is supportive of the location as proposed by the applicant.
Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons; Staff believes the applicant has provided enough stacking lane length not
to impede public right-of-way by patrons.
➢ The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking; There is a separate lane proposed for the drive-through; thus differentiating
between the circulation lanes between access and parking.
Medina Drive Through CUP -08-021 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
➢ The stacking lane shall not be located within ten feet (10') of any residential district or
existing residence; NA (The proposed stacking lane is not within 10' of a residential
district or residence.)
➢ Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane; and, The stacking lane proposed for the site exceeds the 100 foot
requirement. However, an escape lane has been provided at the south side of the
proposed building to comply with this requirement.
A A letter from the Transportation Authority indicating the site plan is in compliance with
the authority's standards and policies shall be required. The applicant shall comply with
this requirement if covered under the Transportation Authority's (ACRID) jurisdiction.
See comments and conditions from ACRID in Exhibit B.
Building Elevations: Building elevations (prepared by CSHQA, dated 6/26/08, labeled as Sheet
A4.1) that depict the proposed multi -tenant building with the drive through were submitted with
this application and are included as Exhibit A. The overall theme of the building is to demonstrate
high quality building materials and will use the same or similar materials as the Walgreens east of
this site. The building materials proposed for the building include stucco, with limestone accents,
substantial storefront glazing, and a combination of steel canopies and standing seam metal
awnings to accent the entrances into the tenant spaces. Staff is supportive of the proposed
elevations and is not recommending any changes to them.
Access: As mentioned earlier, direct lot access to Overland Road is not proposed with this
application. The applicant is proposing to use two existing drive ways; one was approved on the
Lowe's site and is subject to a cross access agreement with the Medina Subdivision and the other
is approximately 255 feet from the intersection of Meridian and Overland Roads and provides a
right-in/right-out only access approved with the Medina Subdivision. Further, there is an existing
access to Meridian Road, across other lots in Medina to the east. Staff is supportive of the access
to this site.
Parking: Per UDC 11-3C-6, one vehicle parking space per 500 square feet of gross floor area is
required in commercial districts. The proposed building consists of 7,800 square feet; thus, 16
parking spaces are required. The applicant is proposing 20 parking spaces on the site which
complies with this requirement. However, the standard stall dimensions of a parking stall per the
UDC is 9' X 19'. Because of the rolled curbing adjacent to the nine parking stalls (cluster of
4 and 5) south of the north drive aisle; the end stalls scale at 7 feet Staff believes there is
sufficient room to increase theses parking stalls to comply with the UDC stall dimensions.
NOTE: There are other, shared parking stalls to the north of this site for any overflow parking
that may be needed.
Also, per UDC 11-3C-6, one bicycle parking space shall be provided for every 25 vehicle parking
spaces. On the submitted site plan, the applicant has provided a bike rack on the site.
Site Plan: Staff has reviewed the site plan (prepared by CSHQA, dated 6/26/08, labeled as
Sheet A1.3), included as Exhibit A, submitted with this 'application. Sanitary Service
Company would like the applicant contact them to discuss the trash enclosure on the site.
At the public hearing the applicant should testify if a revised site plan is necessary based on
the conversation with SSC. If it is a significant change, the Commission should determine if
they would want to continue the project to see a revised site plan.
Pedestrian Access: The applicant has provided a pedestrian connection from the sidewalk
adjacent to Overland through the landscape buffer, across both drive aisles to the front sidewalk
of the proposed building to link pedestrian traffic with this development. Staff had concerns with
pedestrian safety from the overflow parking stalls adjacent to the 25 foot wide landscape buffer
Medina Drive Through CUP -08-021 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
fronting Overland Road. Staff believes this designated pedestrian access way should help
facilitate safe pedestrian movement from Overland Road to the front door.
The following items should to be shown on a revised site plan submitted with the Certificate of
Zoning Compliance application:
➢ The four stalls associated with the nine parking stalls east of the trash enclosure shall
measure 9' X 17'.
Landscaping: The applicant has submitted a landscape plan prepared on June 26, 2008 by
CSHQA, labeled as Sheet L1.0. The street buffer landscaping along Overland Road and the
overflow parking was reviewed and approved with the final plat for Medina Subdivision. Staff
has reviewed the internal parking lot landscaping depicted on the landscape plan and found it
substantially complies with the landscaping requirements in UDC 11-3B-8. Therefore, staff is
supportive of the landscape plan, as proposed.
Hours of Operation: The applicant has not provided any hours of operation for the proposed
building on the site. Staff has reviewed the Walgreen's CUP conditions of approval and that site
has no limited hours of operation either. Staff has contacted the applicant and at this time no
tenants are slated to occupy the building. It is quite possible a coffee shop, bakery, or sandwich
shop may locate in this building. Basad on theses types of uses, staff feels limiting the hours of
operation may impede the operating hours of these businesses. In addition, this site is a
substantial distance from the adjoining residential subdivision to the south of this site and staff
believes any future uses whether they are 24 hour or not should have a minimal impact to the
residential uses in the area. Therefore, staff is not recommending any restrictions for hours of
operation for the proposed building.
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior
to issuance of building permits, for the proposed drive through use. The site plan submitted with
the CZC shall be revised to comply with the conditions of approval listed in Exhibit B of this
report. Said CZC application shall be submitted prior to construction and/or establishment of any
new use on this site. All improvements must be installed prior to occupancy.
b.Staff Recommendation: Staff recommends approval of CUP -08-021 for Medina drive through, as
presented in the Staff Report for the hearing date of August 21, 2008, 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 and Zoning OQmn; ission heard this item on August 21, 2008. At the public hearing. the
Commission moved to approve CUP -08-021.
11. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan (dated: June 26, 2008)
3. Landscape Plan (dated: June 26, 2008)
4. Building Elevations (dated: June 26, 2008)
B. Conditions of Approval
1. Planning Department
Medina Drive Through CUP -08-021 Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
2. Public Works Department
3. Fire Department
4. Police Department
S. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from the Unified Development Code
A. Drawings
1. Vicinity/Zoning Map
Medina Drive Through CUP -08-021
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B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site plan, prepared by CSHQA, dated 6/26/08, labeled as Sheet A1.3, is approved, with the
conditions listed herein. The Applicant shall comply with all applicable conditions of approval
associated with this site. The applicant shall revise the site plan as follows:
a. The four stalls associated with the nine parking stalls east of the trash enclosure shall
measure 9'X 17'.
1.2 The Landscape Plan, labeled Sheet L1.0, prepared by CSHQA, dated June 26, 2008; is approved
with no modifications from the Planning department.
1.3 Building elevations for the multi -tenant building shall comply with the elevations shown in
Exhibit A and with the conditions noted in this report.
1.4 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.
1.5 No new access points to Overland Road are approved with this application.
1.6 All required improvements must be complete prior to obtaining a Certificate of Occupancy for 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.
1.7 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).
1.8 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.
1.9 Stafrs failure to cite specific ordinance provisions or terms of approval of the Medina Subdivision
does not relieve the applicant of responsibility for compliance. The applicant shall comply with all
prior conditions of approval for this site. All future uses on this site shall be approved through the
Conditional Use Permit process.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains from W
Overland Road that were previously installed with the plated Medina Subdivision.
2.2 Water service to this site is being proposed via extension of mains from W Overland Road that
were previously installed with the plated Medina Subdivision.
2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-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, a single -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 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to the issuance of an occupancy permit.
2.5 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.
2.6 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.
2.7 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.8 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, prior to the issuance
of an occupancy permit.
2.9 All 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.
2.10 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.
2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.12 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.13 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.
2.14 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 footings is at least 1 -foot above.
2.15 The applicants design engineer shall certify that all seepage beds out of the public right- of -way
are installed in accordance with the approved design plans. This certification must be received by
the City of Meridian Public Works Department prior to the project receiving final approval
2.16 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.
Exhibit B
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a. Fire Hydrants shall have the 4'/2" 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.
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f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
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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 48outside
radius.
3.4
Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
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surface are required before combustible construction is brought on site.
3.5
Commercial and office occupancies will require a fire -flow consistent with the International Fire
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Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.6
Where a portion of the facility or building hereafter constructed or moved into or within the
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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
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903.3.1.2 the distance requirement shall be 600 feet (183).
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a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
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There shall be a fire hydrant within 100' of all fire department connections.
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Based on occupancy classification, the building may be required to be fire sprinklered.
3.9
Additional fire hydrants will be required for the building size.
4. POLICE DEPARTMENT
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5. PARKS DEPARTMENT
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The Parks Department has no concerns with the site design as submitted with the application.
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6.1
Please contact Doug Mason 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
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site design and may require a revised site plan. If 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.
6.2 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 The applicant shall comply with all previous conditions of approval for this site.
8. CENTRAL. DISTRICT HEALTH DEPARTMENT
8.1 Central District Health will require plans be submitted for a plan review for any: food
establishments, grocery store, beverage establishment and child care center
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site design and may require a revised site plan. If 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.
6.2 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 The applicant shall comply with all previous conditions of approval for this site.
8. CENTRAL. DISTRICT HEALTH DEPARTMENT
8.1 Central District Health will require plans be submitted for a plan review for any: food
establishments, grocery store, beverage establishment and child care center
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C. Required Conditional Use Permit Findings from UDC
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The Commission finds that the existing site is large enough to accommodate the proposed use and
comply with the dimensional and development regulations of the C -G zoning district if the
applicant complies with the conditions of approval in Exhibit B.
Staff recommends the Commission rely on Staff's analysis and any oral or written public
testimony provided when determining if this site is large enough to accommodate the proposed
use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission finds that the Comprehensive Plan Future Land Use Map designation for this
property is Commercial. The property is currently zoned C -G, which complies with this
designation. The proposed use is generally harmonious with the requirements of the UDC (See
Sections 8 and 10 above for more information regarding the requirements for this use).
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 Commission finds that, if the Applicant complies with the conditions outlined in this report,
the operation of the proposed use should be compatible with other uses in the general
neighborhood and with the existing and intended character of the area. Further, the Commission
believes that the proposed use will not adversely change the essential character of the area. The
Commission should rely upon any public testimony provided to determine if the development
will be compatible with other uses in the vicinity.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Commission finds that, if the Applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other property in the area. The Commission should rely
upon any public testimony provided to determine if the development will adversely affect the
other property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
The Commission finds that the site will be adequately served by the previously mentioned public
facilities and services.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the Applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
7.
That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any property or the
`
persons, general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
The Commission recognizes that traffic and noise is a concern, however, the Commission does
not believe that the amount generated by the proposed new use of the property will be -detrimental
to any persons, property, or the general welfare of the public as there are no nearby residents. The
"
Commission does not anticipate the proposed use will create excessive noise, smoke, fiunes,
glare, or odors.
8.
That the proposed use will not result in the destruction, loss or damage of a natural, scenic,
_.
or historic feature considered to be of major importance.
The Commission finds that there should not be anyhealth, safety or environmental problems
associated with the proposed use that should be brought to the Commission's attention. The
Commission finds that the proposed use will not result in the destruction, loss or damage of any
natural, scenic, or historic feature of major importance.
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September 2, 2008
CUP 08-019
MERIDIAN PLANNING & ZONING MEETING September 4, 2008
APPLICANT William Kerwin ITEM NO. 3-C
REQUEST Findings of Fact & Conclusions of Law for Approval - Conditional Use Permit
to extend the existing noncoforming residential use of the property located at 417 W.
Broadway Avenue in the I -L zoning district for Kerwin Shop - 417 W. Broadway Avenue
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
COMMENTS
See Attached Fundings
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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September 2, 2008
CUP 08-019
MERIDIAN PLANNING & ZONING MEETING September 4, 2008
APPLICANT William Kerwin ITEM NO. 3-C
REQUEST Findings of Fact & Conclusions of Law for Approval - Conditional Use Permit
to extend the existing noncoforming residential use of the property located at 417 W.
Broadway Avenue in the I -L zoning district for Kerwin Shop - 417 W. Broadway Avenue
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
COMMENTS
See Attached Fundings
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
-Ji ; �...-.�-. �.
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OF
El ID1AN,.k-----,
In
the Matter of Conditional Use Permit to Extend the Existing Nonconforming Residential
Use of the Property Located at 417 W. Broadway Avenue in the I -L Zoning District, by
William Kerwin.
Case No(s). CUP -08-019
For the Planning and Zoning Commission Hearing Date of: August 219 2008 (Findings on
September 2, 2008)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 21, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
21, 2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August 21, 2008, 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 August 6,
2002, Resolution No. 02-3 82 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), CUP -08-019
Page 1
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
b. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Chairman of the Commission and City Clerk and then a copy
served by the Clerk upon the applicant, the Planning Department, the Public 'Works
Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of August 21, 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 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 Conditional User Permit as evidenced by having submitted the Site
Plan attached in Exhibit A of the staff report dated August 21, 2008, is hereby
conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of August, 21, 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 approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall. be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -08-019
Page 2
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of August 21, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -08-019
Page 3
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Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of August 21, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -08-019
Page 3
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By action of the Planning & Zoning Commission at its regular meeting held on the `T
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COMMISSIONER MICHAEL ROHM VOTEDje,�
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'BRIEN VOTED
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
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COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
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COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
STAFF REPORT Hearing Date: August 21, 2008
TO: Planning &Zoning Commission E IDIAI�T-
FROM: Sonya Watters, Associate City Planner
(208) 884-5533
SUBJECT: Kerwin
• CUP -08-019
Conditional Use Permit to extend the existing nonconforming residential use
of the property located at 417 W. Broadway Avenue in the I -L zoning district
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, William Kerwin, is requesting Conditional Use Permit (CUP) approval to extend the
existing nonconforming residential use of the property located at 417 W. Broadway Avenue, in the I-
L zoning district.
The subject property contains a single-family dwelling, which is used as a residence. Per UDC Table
11-2C-2, residential uses are not allowed in the I -L district. However, a nonconforming use may
continue as long as a conditional use permit is acquired and the use remains lawful and is not
expanded or extended. The applicant is proposing to move an existing garage to another location on
the subject property, which qualifies as an alteration and therefore is subject to conditional use permit
approval, per UDC 1 I -1B -4A.1.
2. SUbIMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP application below. Staff recommends
approval of CUP -08-019 to extend the existing nonconforming residential use of the
subject property including allowing a garage to be relocated on the site, as presented in
the Staff Report for the hearing date of August 21, 2008, subject to the conditions listed in
Exhibit B.
The Meridian Planning and Zoning Commission heard this item on August 21, 2008. At the
public hearine, they moved to approve CUP -08-019.
a. Summary of Commission Public Hearing:
L In favor: B. J Kerwin
ii. In opposition: Norte
iii. Commenting: Jim Thompson
iv. Written testimony: None
V. Staff presenting application: Caleb Hood
vi. Other staff commenting on application: None
Key Issues of Discussion by Commission:
L Whether or not the property should be rezoned to a residential zone.
c. Key Commission Changes to Staff Recommendation:
L None
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP -08-
019, as presented in the staff report for the hearing date of August 21, 2008, with the following
Kerwin CUP -08-019 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
modifications to the conditions of approval: (add any proposed modifications). I further move to
direct Staff to prepare an appropriate findings document to be considered at the next Planning and
Zoning Commission hearing on September 4, 2008.
Denial
After considering all Staff, Applicant, and public testimony, I move deny File Number CUP -08-019,
as presented during the hearing on August 21, 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). I
further move to direct Staff to prepare an appropriate findings document to be considered at the next
Planning and Zoning Commission hearing on September 4, 2008.
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue pile Number CUP -
08 -019 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Addres0,ocation:
417 W. Broadway Avenue
Southeast %a of Section 12, Township 3 North, Range 1 West
b. Owner:
William Kerwin
417 W. Broadway Avenue
Meridian, ID 83642
c. Applicant 1 Contact:
Same as Owner
d. Present Zoning: I -L (Light Industrial)
e. Present Comprehensive Plan Designation: Medium Density Residential
£ Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP)
approval to move an existing garage to a new location, thus extending the non -conforming
residential use of the property in the I -L district, as required by LTDC 11 -1B -4A-1.
g. Description of Applicant's Justification for CUP Approval: "The garage needs to be moved so I
can build a shop on the back portion of the property." See applicant's narrative for more
information.
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 -5A -2D,
a public hearing is required before the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: August 4, 2008 and August 18, 2008
c. Radius notices mailed to properties within 300 feet on: August 1, 2008
d. Applicant posted notice on site by: August 11, 2008
Kerwin CUP -08-019 Page 2
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
6. LAND USE
a. Existing Land Use(s): The subject property contains a single-family dwelling, garage, and
associated outbuildings.
b. Description of Character of Surrounding Area: The properties to the east and west are zoned I -L
and consist of a mix of industrial and residential uses. The property directly adjacent to this site
on the west has a residence and a welding shop on it. The property across the street is zoned R-15
and consists of residential uses. The site abuts the railroad on the south.
c. Adjacent Land Use and Zoning
1. North: Single-family residences; zoned R-8
2. East: Single-family residence; zoned I -L
3. South: UPRR and industrial uses (lumber company), zoned I -L
4. West:. Single-family residences, welding shop; zoned I -L
d. History of Previous Actions:
• This property was part of several residential properties on the south side of Broadway along
the railroad tracks that were rezoned to I -L for an industrial development that never occurred.
These properties that are still being used for residential purposes are considered
nonconforming uses in the I -L district in which they he.
• A Certificate of Zoning Compliance was approved on July 3, 2008 for a ductwork fabrication
shop on the rear of the subject property.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: W Broadway Ave.
Location of water: W Broadway Ave.
Issues or concerns: All main extensions must be located under a drivable surface.
2. Vegetation: There are several existing trees and landscaping on the site. Mitigation is
required for all existing healthy trees flinch caliper or greater that aretwere removed
from the site, in compliance with the standards listed in UDC 11 -3B -10C.
3. Floodplain: The northern half of this site is located within flood zone X5 but is not located
within the flood way.
4. Canals/Ditches Irrigation: N/A
5. Hazards: N/A
6. Lot Size: 0.42 of an acre (includes two parcels)
f. Conditional Use Information:
1. Non-residential square footage: NA
2. Hours of Operation: NA
g. Off -Street Parking: Off-street parking is proposed at the rear of the new location of the garage.
h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the
subject property is provided from W Broadway. No new access points or streets are proposed
with this application.
Kerwin CUP -08-019 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
7. COMMENTS MEETING
On August 1, 2008, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire Department, Meridian Public
Works Department, and the Meridian Police Department. 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 "Medium
Density Residential." This designation allows smaller lots for residential purposes within the city
limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. Staff
believes that the existing and future residential use of the property complies with the medium density
residential land use designation for this site.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis below policy in italics):
+ Encourage compatible uses to minimise conflicts and maximize use of land. (Chapter VII,
Goal IV, page 112)
Staff believes that the existing and future residential use of this property is compatible with
surrounding residential uses.
Staff believes that the current and future residential use of this property is consistent with the
Comprehensive Plan future land use map designation of medium density residential and is
compatible with the surrounding uses Staff recommends that the Commission rely on any verbal
or written testimony that may be provided at the public hearing when determining ifthe applicant's
request is appropriate for this property.
9. UNIFIED DEVELOPMENT CODE (Applicable Sections)
UDC Table 11-2C-2 lists single-family dwellings as an "accessory" use in the I -L district. Single-
family dwellings as a primary use are prohibited.
Because the residential use of this property was lawful prior to September 15, 2005 and before the
property was rezoned to I -L, it is now considered a legal nonconforming use. Per UDC 11-1B-4,
nonconforming uses that are expanded or extended, such as this, require CUP approval.
UDC 11-3C-6 requires single-family detached dwellings to have 2 parking spaces in an enclosed
garage with a 20' x 20' parking pad between access and garage.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the
proposed CUP request as presented in the staff report, with the following comments:
Conditional Use Permit (CUP): A CUP is requested to extend the existing nonconforming
residential use of the property located at 417 W. Broadway Avenue in the I -L zoning district. The
applicant proposes to move an existing garage to a new location on the property, thus extending
the non -conforming residential use of the property, according to UDC 11 -IB -4. Per UDC 11-lB-
4, a CUP is required to extend the existing nonconforming use of the property.
The Comprehensive Plan future land use map designates this property for medium density
residential uses which corresponds with the existing and future residential use of the property.
Because the future land use map shows a residential designation of this property, and because
several of the nearby properties also contain homes, staff is supportive of the proposed CUP. The
Kerwin CUP -08-019 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
Commission should consider whether or not it is appropriate to require the applicant to
submit a re -zone application to clean-up the zoning of this property to match the use.
Access: Access to the site is provided from one 20 -foot (+/-) wide driveway to/from W.
Broadway Avenue. No new access points are proposed or approved with this application. The
Fire Department has included a condition of approval in Exhibit B for the applicant to
provide a Bre department turn around at the south end of the property.
Site/Landscape Plan: A site/landscape plan was submitted for this site showing the location of
the existing house, recently approved shop, and the existing and proposed location of the garage.
Existing and proposed trees and landscaping are also shown on the plan. Staff is generally
supportive of the site plan.
Building Permit: A building permit is required to be obtained prior to the relocation of the
existing garage. Building setbacks and dimensional standards for the relocated garage shall
comply with those listed in UDC 11-2C-3 for the I -L district.
b. Staff Recommendation: Staff recommends approval of CUP -08-019 to extend the existing
nonconforming residential use of the subject property, including the relocation of a
garage on the site, as presented in the Staff Report for the hearing date of August 21, 2008,
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 and Zoning Commission heard this
item on August 21, 2008. At the public hearinm they moyed to approve CUP -08-019.
11. EXITS
A. Exhibits
1. Vicinity Map
2. Site Plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from UDC
Kerwin CUP -08-019
Page 5
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
Commission should consider whether or not it is appropriate to require the applicant to
submit a re -zone application to clean-up the zoning of this property to match the use.
Access: Access to the site is provided from one 20 -foot (+/-) wide driveway to/from W.
Broadway Avenue. No new access points are proposed or approved with this application. The
Fire Department has included a condition of approval in Exhibit B for the applicant to
provide a Bre department turn around at the south end of the property.
Site/Landscape Plan: A site/landscape plan was submitted for this site showing the location of
the existing house, recently approved shop, and the existing and proposed location of the garage.
Existing and proposed trees and landscaping are also shown on the plan. Staff is generally
supportive of the site plan.
Building Permit: A building permit is required to be obtained prior to the relocation of the
existing garage. Building setbacks and dimensional standards for the relocated garage shall
comply with those listed in UDC 11-2C-3 for the I -L district.
b. Staff Recommendation: Staff recommends approval of CUP -08-019 to extend the existing
nonconforming residential use of the subject property, including the relocation of a
garage on the site, as presented in the Staff Report for the hearing date of August 21, 2008,
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 and Zoning Commission heard this
item on August 21, 2008. At the public hearinm they moyed to approve CUP -08-019.
11. EXITS
A. Exhibits
1. Vicinity Map
2. Site Plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from UDC
Kerwin CUP -08-019
Page 5
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
A. Drawings
1. Vicinity Map
Exhibit A
CITY OF MERTDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
2. Site Plan
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2. Site Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The subject CUP request to relocate a garage and continue a residential use on this property is
hereby approved. A building permit is required to be obtained prior to the relocation of the
existing garage. Building setbacks and dimensional standards for the relocated garage shall
comply with those listed in UDC 11-2C-3 for the I -L district.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in W
Broadway Ave. The applicant will need to connect to the existing sewer main in W Broadway
Ave and extend services to the purposed buildings, All mains must be under a road way or
drivable surface. The applicant shall install mains to and through this subdivision, applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in W Broadway Ave. Due to
fire flow requirements the applicant will need to connect to the existing 4 -inch water main in W
Broadway Ave and extend a 4 -inch main with in the applicants property to serve the purposed
buildings, All mains must be under a road way or drivable surface. The applicant shall be
responsible to install water, mains to and through this development, coordinate .main size and
routing with Public Works.
2.3 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms.
The easement shall be graphically depicted on the plat for reference purposes. Submit an
executed easement (on the form available from Public Works), a legal description, which must
include the area of the easement (marked E)MMrF A) and an 81/2" x 11" map with bearings and
distances (marked E)W BIT 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.
2.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.5 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.
2.6 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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
2.7 All 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 the issuance of a plan
approval letter.
2.9 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.
2.10 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 foundation is at least 1 -foot above.
2.11 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 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved tum around. Provide a fire department turn around at the south end of
property.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to this application.
3. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SANITARY SERVICES COMPANY
6.1 SSC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
ACRD issued a "No Review" letter for this application.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
C. Required Conditional Use Permit Findings from UDC
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The Commission finds that the site is large enough to accommodate the relocation of the garage
as proposed. The dimensional and development regulations, if the CUP is approved to allow the
residential use in the I -L district, can be accommodated.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission finds that the Comprehensive Plan Future Land Use Map designation for this
property is medium density residential. The property is currently zoned I -L but is residential in
nature. The existing and future residential use of the property complies with this designation.
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 Commission finds that, if the Applicant complies with the conditions outlined in this report,
the continued residential use of the property should be compatible with other uses in the general
area and with the existing and intended character of the area. Further, the Commission believes
that the proposed use will not adversely change the essential character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Commission finds that, if the Applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other property in the area.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
The Commission finds that the subject property is currently served by public facilities such as
streets, police, and fire protection. The Commission finds that the proposed use will continue to
be served adequately by those facilities and services previously mentioned.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The Commission funds the proposed relocation of the garage, and continued residential use of the
property should not create excessive additional costs for public facilities and services. The
Commission finds that the proposed use will not be detrimental to the community's economic
welfare.
Exhibit C
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7. That the proposed use will not involve activities orprocesses, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
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The Commission recognizes that traffic and noise is a concern; however, the Commission does
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8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic,
or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. The Commission finds that the proposed relocation of the
garage and continued use of the property as a residence will not result in the destruction, loss or
damage of any natural, scenic, or historic feature of major importance,
Exhibit C
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September 2, 2008 AZ 08-005
MERIDIAN PLANNING & ZONING MEETING September 4, 2008
APPLICANT Hawkins Companies ITEM NO. 4
REQUEST Cont. Public Hearing from 8/7 — Annexation and Zoning of 72.67 acres from RUT in Ada County to I
(Medium Density Residential) (5.52 acres), L -O (Limited Office) (3.11 acres) and C -G (General Commer.
(64.04 acres) zoning districts for Meridian and Amity — NWC of W. Amity Road & S. Meridian Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
COMMENTS
See Previous Item Packet / Attached Minutes
See Attached Staff Report
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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September 2, 2008 AZ 08-005
MERIDIAN PLANNING & ZONING MEETING September 4, 2008
APPLICANT Hawkins Companies ITEM NO. 4
REQUEST Cont. Public Hearing from 8/7 — Annexation and Zoning of 72.67 acres from RUT in Ada County to I
(Medium Density Residential) (5.52 acres), L -O (Limited Office) (3.11 acres) and C -G (General Commer.
(64.04 acres) zoning districts for Meridian and Amity — NWC of W. Amity Road & S. Meridian Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
COMMENTS
See Previous Item Packet / Attached Minutes
See Attached Staff Report
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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September 2, 2008 AZ 08-005
MERIDIAN PLANNING & ZONING MEETING September 4, 2008
APPLICANT Hawkins Companies ITEM NO. 4
REQUEST Cont. Public Hearing from 8/7 — Annexation and Zoning of 72.67 acres from RUT in Ada County to I
(Medium Density Residential) (5.52 acres), L -O (Limited Office) (3.11 acres) and C -G (General Commer.
(64.04 acres) zoning districts for Meridian and Amity — NWC of W. Amity Road & S. Meridian Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
COMMENTS
See Previous Item Packet / Attached Minutes
See Attached Staff Report
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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