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2008 05-01;, L_ -- %~~{ ,-- ~s ~- MERIDIAN PLANNING AND ZONING . REGULAR MEETING ~- AGENDA ,:. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho ,:r `Thursday, May 1, 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 t to be truthful and honest to best of the ability of the presenter." r. LL ><~~ j= 1. Roll-call Attendance: ..i ;~ X Tom O'Brien _X Wendy Newton-Huckabay _X Michael Rohm _X Joe Marshall X David Moe -chairman 2. Adoption of the Agenda: Approve .~. ,V 3. Consent Agenda: A. Approve Minutes of April 3, 2008 Planning and Zoning Commission Meeting: Approve B. Findings of Fact and Conclusions of Law for Denial: CUP 08- 002 Request for Conditional Use Permit fora drive through `~ s establishment in a C-G zone within 300 feet of another drive .~,~~,~~~ through facility for Sonic Southern Springs by Boise Food Service ~~.~ r,.x -1870 South Meridian Road: Approve ~f~ 4. Continued Public Hearing from March 20, 2008: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C-G zoning district for Overland Village by Relo Development - 3330 E. Overland Road: Continue Public Hearing to May 15, 2008 i 33+~f - ~~ 5. Public Hearing: CUP 08-009 Request for.Conditional Use Permit fora ~` convenience store and gas station in a C-G zoning district per requirement ~ ~~. 5 ~~~ , of the Development Agreement for Maverik by Maverick, Inc. - NWC of N. Ten Mile Road and W. Ustick Road: Approve t 4,: 6. Public Hearing: CUP 08-007 Request for Conditional Use Permit fora ` ~F: ,. ~ ` ' ~` ~' drive-thru pharmacy in the C-G zoning district for Fred Meyer Pharmacy a, ~~ ; by Fred Meyer Stores, Inc. -NEC of N. Locust Grove Road and E. k r~^`'"* Fairview Avenue: Approve ~a i ~ ~' Meridian Planning and Zoning Commission Meeting Agenda -May 1, 2008 Page 1 of 2 "s~~~r. 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. ~ y ~~ .~ ifTA' r-1t '~'~ ` ~, ~ it ~ r.. ~; a ~ s •,~ 'k, ~i, _. -s- ~s ~ ~~ .. W F C ~i a ~74> r~, t r f 1 -''] f' ' b ~~~ , i R~. s 4~~ hx~• y ~~ - i '{ ~ ~ ~~ - - P } ~ ~ r z ~ ~ S Fr ~~ 5~.r 4 9 { 4 y ~ }~F'~-: ~ K kYw ~ ~ ~ ~ 1/ ~ x a y _ ' i ~ yf'~ ti + 3 .. .... _ .~ ~.^ ~ ` ~ ` ' ? i ~ > Sj6~~ - ry~ ~ ~ I~'~~. ~~ 1~~1 yy ~i, 1 s _, ~ III i~ { S~ 'E "t t? ~C •E flb .~ -, i .. i ... i s I ~ ~~ li~i ~ ~ it ~.il ~~Ty Y.:~~~ ; lye. li~ _ t S1 t 4 1. a ~wrr,.. t _ y, _ ~. k. , K'? s ., i'': 1 t _. . III -. ~1 4K ~ lW., .2. v iY? 1~ \f R, ~~. 1 ~t, ~ ,m _ ~ , r~., ..; ~.. i i. 5.. ~ 'J;'~~ ' ., S ~ r r~ y ~ ~~ ~ F- {r) ~ 1. ~'+~ ~ ` 1. i J ri 1 T1ry X.l 1 ~_ 7. Public Hearing: CUP 08-006 Request for Conditional Use Permit to operate a drinking establishment in an existing O-T zoning district for Corkscrews by Marla Smith - 729 Main Street: Approve 8. Public Hearing: RZ 08-001 Request to Rezone 0.32 acres from R-4 to O-T zone for Trinity Assisted Living by Elisha Ricky - 1353 W. 1St Street: Continue Public Hearing to May 15, 2008 9. Public Hearing: CUP 08-005 Request for Conditional Use Permit to operate a 24-hour Nursing Care Facility in a proposed O-T zoning district and conditional use approval for a site and building that does not meet the criteria of the Downtown Meridian Design Guidelines for Trinity Assisted Living by Elisha Ricky - 1353 W. 1St Street: Continue Public Hearing to May 15, 2008 10. Public Hearing: ZOA 08-001 Request for a Zoning Ordinance /Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for .amendments) for Unified Development Code Text Amendment #4 by the City of Meridian Planning Department: Recommend Approval to City Council j Y. y jvrY. fr~P. f `~ °t ~L ~;~ 4~~[ ;; i~~a .~ ; 4~~s ` $~ra ~~ F' t -xki,~ W ~ 4 + '_ rF hyy~~` f "~L'~ ~ S;~'NT! ~*~ ~ ~!Y Meridian Planning and Zoning Commission Meeting Agenda -May 1, 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. ., ~~ ~~ ' ~, ",~ -,,, '~", . M<~ a ~. , ~ ~ ~~ :} ," +( 1~.T` (.~ 7~~... J ~~~~~~ _~~ x~ ~~ ~;'~ ?a ,,,r «i ,4 ~,~. ', ~ ~y •f a 1~ ~~ r 'f L ~~ r i FI ~i2rTr}'Y`~ L Cf ~• t(l~~ ~, ~.n~,~_. ~~ ~ ~, , 4 -'~1°Y ~ fh~Y~'~ ~ r C'S. ~ - '~E ~~ ~ - i > ~ ~ tt'~'K! ~~!~ ~ ~ r i ~ y ~' ~ ! ~~'y~.w _ ~~ ~ E t c P ~~~#~~, 1 ~~ ~ ~~ f~ ~,~~~ ~ sS y. ~ ~ '~ q 'w t - ~ t ?~ YY^+k N 'r S y~ '. Y f ~ ~~ ~k 4 ~ t . ~ is ~~~T ,t C MERIDIAN PLANNING AND ZONING REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, May 1, 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 atiility of the presenter." 1. Roll-call Attendance: Tom O'Brien ~ Wend Newton-Huckaba _~,.~ . Y Y Michael Rohm ~ Joe Marshall ~„ ~ ~ David Moe -chairman -~ `_~'~~ 2. Adoption of the Agenda: ~- ~o r o i/`e p "r 3. Consent Agenda: A. Approve Minutes of April 3, 2008 Planning and Zoning ~'°~'= tit Commission Meeting: Y ~-do/o ©ll ~. d~-=' B. Findings of Fact and Conclusions of Law for Denial: CUP 08- ~- 002 Request for Conditional Use Permit fora drive through s°'~: establishment in a C-G zone within 300 feet of another drive `~ ` ~_~. ~~_~ through facility for Sonic Southern Springs by Boise Food Service -1870 South Meridian Road: ~ ~~ /~'/~ ~ ~ '~'~`` ::~, 4. Continued Public Hearing from March 20, 2008: AZ 08-001 Request `r'' for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning ~ districts in Ada County to the C-G zoning district for Overland Village by ~ : Relo Development - 3330 E. Overland Road: ~ o ~ -1-i'n u~, loubl.~'c ~.eaa^~ h5 ~ ~~ 0 ~ o?D D1S 5. Public Hearing: CUP 08-009 Request for Conditional Use Permit for a convenience store and gas station in a C-G zoning district per requirement _~.: . of the Development Agreement for Maverik by Maverick, Inc. - NWC of N. Ten Mile Road and W. Ustick Road: ~~P~~V..~ ,~r. ~~ 6. Public Hearing: CUP 08-007 Request for Conditional Use Permit for a drive-thru pharmacy in the C-G zoning district for Fred Meyer Pharmacy ~' by Fred Meyer Stores, Inc. -NEC of N. Locust Grove Road and E. ~~;,. Fairview Avenue: ~ ~~ ~D ~_ ~~ ~.~, - Meridian Plannin and Zonin Commission Meetin A enda - Ma 1, 2008 Pa e 1 of 2 9 9 9 9 Y 9 ~} - 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. ~~= ~, .~~y.¢ ' b ~' ` - ~~ .~ Ay~i+:; y ; y ?a, 4 y ~..: ~ 7 .,'4,s. ~- s ~ f~ - i t' ';~ i ~ Tr ; b' f ~+~t`r ~~° ~ _ 1~4t _ 9 ~r ., f, ~~ ;c' T:,~ f # _ [; i; a ~ x ~ ~ .; ,~ .- d ~~. - s . _~ i. ~, ` ~ v h ,~ .rd C t Y_ ` ~" 1 Y(J 1~ ~ 7 r ~ _ t ~ f - :~: ~+Ca1•~ 7 - _ " ,~ f ~ ~ c ~. ~ ~~~` r j d - 1 '~" ~'' E,.' i ;!1( ~ ~. ,}. ~ s~~ ~_:,: ~ ~ , ~rr ; ~~:' .r~ ., :; ~:... ~~ :.~~f _i~l ~; . >>x e o 7. Public Hearing: CUP 08-006 Request for Conditional Use Permit to operate a drinking establishment in an existing O-T zoning district for Corkscrews by Marla Smith - 729 Main Street~~ ~~O 8. Public Hearing: RZ 08-001 Request to Rezone 0.32 acres from R-4 to O-T zone for Trinity Assisted Living by Elisha Ricky - 1353 W. 1St Street: ~-~-1=-~ n~-~2 ~ic.~l~~e ~~ea.~'e rte ~o ~'1'~~ ~ S, o?0O8' 9. Public Hearing: CUP 08-005 Request for Conditional Use Permit to operate a 24-hour Nursing Care Facility in a proposed O-T zoning district and conditional use approval for a site and building that does not meet the criteria of the Downtown Meridian Design Guidelines for Trinity Assisted Living by Elisha Rick -1353 W. 1St Street: Cb~-17 n u~. ~~ U'C ~ ea,('r~~ --~ l.U-G~ OS; 0?00 ~ 10. Public Hearing: ZOA 08-001 Reques'Cfor a Zoning Ordinance /Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment #4 by the City of Meridian~.Pla®nning Department: Meridian Planning and Zoning Commission Meeting Agenda -May 1, 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. ~,,;~. •;~~ ~: ~n ~~ ;~~~b :f;*; tr ~ry Y. ~,A: "~' t J :~_ .~~.: ;, ,. ~~".b ,~.-~, . ~->>~:~ ,a,Y ~~ :aif , r~ ~~~';,~:, '^, ,fti ~~;„?. ~; ~,~ ~ Y' 3'i Y~`~, ,, ~n ~, ~ ~ Gi,. ~~~ ;fir, j ~ ~~ se ~o~~ ~ ~~~-~ ' 1~o-~'c~ o ~ ~ E IDIAN~-- MERIDIAN PLANNING AND ZONING ~ A REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, May 1, 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: Tom O'Brien Wendy Newton-Huckabay Michael Rohm Joe Marshall David Moe -chairman 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve Minutes of April 3, 2008 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Denial: CUP 08- 002 Request for Conditional Use Permit fora drive through establishment in a C-G zone within 300 feet of another drive through facility for Sonic Southern Springs by Boise Food Service - 1870 South Meridian Road: 4. Continued Public Hearing from March 20, 2008: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C-G zoning district for Overland Village by Relo Development - 3330 E. Overland Road: 5. Public Hearing: CUP 08-009 Request for Conditional Use Permit for a convenience store and gas station in a C-G zoning district per requirement of the Development Agreement for Maverik by Maverick, Inc. - ~NWC of N. Ten Mile Road and W. Ustick Road: 6. Public Hearing: CUP 08-007 Request for Conditional Use Permit for a - drive-thru pharmacy in the C-G zoning district for Fred Meyer Pharmacy by Fred Meyer Stores, Inc. -NEC of N. Locust Grove Road and E. Fairview Avenue: Meridian Planning and Zoning Commission Meeting Agenda -May 1, 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. ~- e o ,,~' 7. Public Hearing: CUP 08-006 Request for Conditional Use Permit to "~*~ operate a drinking establishment in an existing O-T zoning district for Y~ ~ Corkscrews by Marla Smith - 729 Main Street: ; ~ 8. Public Hearing: RZ 08-001 Request to Rezone 0.32 acres from R-4 to O-T zone for Trinity Assisted Living by Elisha Ricky - 1353 W. 1St Street: z ` ' ~. t: 9. Public Hearing: CUP 08-005 Request for Conditional Use Permit to ~-~~~^= operate a 24-hour Nursing Care Facility in a proposed O-T zonin district -~, ;~„ g and conditional use approval for a site and building that does not meet the criteria of the Downtown Meridian Design Guidelines for Trinity Assisted Living by Elisha Ricky -1353 W. 1St Street: ~ 10. Public Hearing: ZOA 08-001 Request for a Zoning Ordinance /Unified ~: Development Code (UDC) Text Amendment to modify, clean up and add ~''~31 specific sections to the UDC (see application for details of all sections ~:;: proposed for amendments) for Unified Development Code Text ~~~~~~ Amendment #4 by the City of Meridian Planning Department: ~~ y ~~.~. ~.~ Y~ {,` ~i. t F~ , , _~ , , k ti.'~; r _ ,;°'_!'; ~', '::- ;., ;«. `ti' r' .fk ~; v~'; , ~, y.; ' ' ' ~ Meridian Planning and Zoning Commission Meeting Agenda -May 1, 2008 Page 2 of 2 '" U 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, `: ,r:.. ~, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. :;~;;,~ ~~~. r~.5, - _. V~ .'• ;. r,' ~ '` }} -~'. '" a ~ 'W ..~; ,. .;t`. ,}~~. ,., tl~ ~~.-_ 'C' ': lair: r~'+ ~r~ ~'~' _: '. r; ?4,, Date/Time LocaIID 1 Local ID 2 oa-2e-2oo8 2088884218 Broadcast Report 03:21:50 p.m. Transmit Header Text City of Meridian Idaho Local Name 1 Line 1 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5 "x11 " ~~¢,c~se #~os{--~'o~`{i~bUc No~,'ct. -fix i C~i~E IDIAN MERIDIAN PLANNING ANA zoN(NG 1 D A Fl O REGULAR MEETING AGENDA City Courtcli Chambers 38 East Idaho Avenue, Meridian, Idaho Thursday, May 1, 2aro8 at 7:00 p.m. ~41tho-tgh des City oPMerldian rro longer requlies sworn testirrrony, all presentations before dre Ms}ror and City Council ~e expected fo bs trudeful and honest to best of des ab1lity of dte presenter. 1. Rofl-calf Attendance: Tom O'Brian Wendy Nearton-ttuckabay Michael Rohm Joe Marshall David Moe -Chairman Total Paaes Scanned : 2 2. Adoption of f?te Agenda: 3. Consent Agertde: A. Approve Mlrwtes of Apri! 8, 2008 Planning and 2;otting Commission Meeting: B. Findings of Fact and Conctusiorte of Law far Denlak CUP 0& 002 Request for CondiHorxal Use Permft for a drive through establishment in a C-G zone within 300 feet of another dtlve through facility for So~ig Sguthem Snri~is by Boise Food Service -1670 South McHdian Road: 4. Cortttnued Public Hearlrr~ from titiarch ZQ, 2008: AZ 0131-pOt Request for Annexatlan and Zoning of 9.06 acres from the RUT & R1 zoning d[strlrcts in Ada County to the GG axrning district for overland Vlilacte by Reb Develaprnent- 3330 E Overland Road: 8. Pubttc Heating: CUP 08-0ti9 Request for Conditional Use Permit for a convenience store and gas station in a GG mnir-g district per requirement of the Development Agreement to- RAavsNk by Mavertctc, inc. -iJWC of N. Ten M8e Road and W. Usddc Road: 6. Public Hearing: CUP 08.007 Request for Corrtal Use Permit for a drive-thru pharmacy to the Gf zoning district for Frad Itdeyer Pharntiacy by Fred Mayer Stores, inc. -NEC of N. Locust Grove Road and E. Fairview Avenue: ARertdten Ptaruilng and ZaaEnB CmnnO~EOn Agenda- MaY 1, 2006 Papa i ~ 2 All matsAata E~esaiQed et public messtnga ehaA beamne PmPartY of the City or AAeddlan. Anyone deS6lnp aocammedatnn Por dlea4&itlea rata6ed to dmxer anNm hearlnp. ptees9 aonlad the City Cierite OfflCe at 668x7433 at Isaet 46 hoots prderto the Public mew, Total Paaes Confirmed ~ 3d No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 010 3810160 02:56:12 p.m.04-28-2008 00:02:02 2/2 1 EC HS CP9600 002 010 8989551 02;56:12 p.m.04-28-2008 00:00:30 2/2 1 EC HS CP21600 003 010 2088848723 02:56:12 p.m.04-28-2008 00:00:24 2l2 1 EC HS CP28800 004 010 8886854 02:56:12 p.m.04-28-2008 00:00:23 2/2 1 EC HS CP31200 005 010 2088985501 02:56:12 p.m.04-28-2008 00:00:30 2/Z 1 EC HS CP31200 006 010 8467366 02:56:12 p.m.04-28-2008 00:00:24 212 1 EC HS CP28800 007 010 2088882682 02:56:12 p.m.04-28-2008 00:00:25 2/2 1 EC HS CP31200 -'r,t",r h ti ~\ ~i ~... i~: i:~ '~.]'K ~~ C. :'3~' ~~~~i L ~~ aim'..` t ~:4 ifi"r`^' t~,~, n.h,,.:. '.' Ili'.'-' R.?.. y_''Y'~'' :jam:[ ~'~' fr ` ` 4 't" :,l ^ u J F: ~4 ~ ~'w;~~ ;; ~:~ - ,+~' ,.,~~ ,~±~ Y3 ~_ ,, L: k~ '~ M1 °.,-; =,<: ..l ~';~~. t, <;~~ s ~~ '~~ , ~~% f!.F,.~ s ~,~ ~; 1,: ,,.. ~ ~ broadcast Report ~ Date/Time 05-02-2008 09;29:09a.m. TransmltHeaderText CltyofMeridlanldaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 -Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5 "x11 " ~~i~E IDIAN MERIDIAN PLAA1NtNG AND ZONING IDAHO REGULAR MEETING AGENDA City Council Chem6ers 33 Fast Idaho Avenue. Meridian, Idaho Thursday, May 1, 2008 et 7:00 p.m. °Altftaugh fha G7y of Meridian na longer requ~es sworn testimony, ati presenfatlons beibre the Mayor and City Cotrndl are expe#ed to be trtrthtul amd honest to best of the abiNty of the prezranbsr. 1. Roll-calf Attendance: Tom O'Brien Wendy Newton-Huckabay Michael Rohm Joe Marshall ,~ Davkl Moe - d~almlan 2. Adoption of the Agenda: ~1-~ p i^ o t/`C' 3. Consent Agenda: A. Approve Minutes of April 3, 2008 Planning and Zoning Commission Meeting: ~1. j°l p y,O V ~ B. Findings of Fact and Conclusions of laver for Denial: CUP 08• 002 Rsquast for Coalitional Use Pernik for a drive through eatablishmeM In a C ~ zone within 300 few of another drlvs through facility for 3anlc ~guthem ~orinsw by Boise Food Service -1870 Soutit Meridian Road: /~-ppro/~ 4. Corrtlnusd Publk Hearing from March 28, 2008: AY Oti-001 Request for Annexation and Zoning of 8.08 acres from the RUT & R1 zoning dlsMcts in Ada County to fhe C-G zoning district far Overland Vllfaae by Reto Devekpment-3330 E. Overland Road: C', e~-~'~ u.~ PubtfG lf~'; ny -f~ t~2c<,~ >' S, o7oD8 5. Public Hearing: Ck1P 08-009 Reques! for Conditional Use Permit for a convenience shore and gas station in a C-G caning district per requirement of the Development Agreement for Maverik by Maverick, Inc. - NWC of N. Ten Mite Road and W. Ustick Road: ~-1oPYptle, e. Public Hearing: CUP 08-007 Request for Conditional Use Permit for a drive-ftrru pharmacy In tk-e C-G inning disfrk~ for Fred Meyer Pharmacy by Fred Meyer Stores, Inc. -NEC of N. Locust Csrove Road and E. Fairview Avenue: ~ ~~ E"©11'~.. Meridian Planning ana Zafh~ Comrr~ion Meatang Agerxp -May 1, 2Ug6 ~ , ota Ag nv praserdad at pub9O meedrtgs situp beooma ptopetly at 8m Ctiy ar Meridian. 6sryone desldng acoorrmwdadon !or BiaebB(Hes ruled ~ daaanarde and/or heartrtg, pteaee tu~fat3 the Cily CleriPa Q<tke at 886.4433 at least 48 hours prior hs 6tepr~Wb rneeling. Total Paces Scanned : 2 Total Pangs fnnflrmarl • 9d No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 029 3810160 08:53:04 a.m.05-02-2008 00:02:10 2/2 7 EC HS CP9600 002 029 8989551 08:53:04 a.m. 05-02-2008 00:00:31 2/2 1 EC HS CP21600 003 029 2088848723 08:53:04 a.m. 05-02-2008 00:00:26 2/2 1 EC HS CP28800 004 029 8886854 08:53:04 a.m. 05-02-2008 00:00:28 212 1 EC HS CP31200 005 029 2088985501 08:53:04 a.m.05-02-2008 00:00:33 2/2 1 EC HS CP28800 006 029 8467366 08:53:04 a.m. 05-02-2008 00:00:27 Z/2 1 EC HS CP28800 007 029 8950390 08:53:04a.m.05-02-2008 00:00:26 2/2 1 EC HS CP39200 ~{ S`1 _.... .. ~~'iiF'.:: '. -., T.:; ._ s~ €r~~, ~ks'._' ~ i .: z~ ~'~ Date~Ttlme .,', 'ti, ;~: Local IPA 1 Local 1012 ,~ , ,..;„ ~:: 4~n ;;.. ~ F 7Y4'~ '1.5r ;j 4F ~'`- r~ ~ , s ~.: ~'; .~ tiL ,:,:~ ~. <r,'.,_ ;41, `';r} awl" r;~ r ;r 04-{7~1-2C1lJB 02.39:22 p.m. Trar7sm6t Header Text City df I'u9er6dlan Idal~to 2088884218 Local Name 1 Line 1 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5"x11 " MayorTammy de Weerd Keith Bird Charles Rountree I ®Aa ~ ® DavtdZaremba CITY OF MERIDIAN PU8lIC SERVICE ANNOUNCEMENT PUBLfC ANNOUNCEMENT ! NOTfCE IS HEREBY GIVEN pursuant io the Ordinances of the Ciry of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Aerdian will hold a pubUc hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Thursday, May 1, 2008, for the purpose of reviewing and considering the application 2:OA OB-001 of Clty of Meridian Planning D®parttnent for Zoning Ordinance ! Unfied Development Coda (UDC) Text Amencimsnt to modify, clean up end add speciftc sections to the UDC (see application for details of all sections proposed for amerrctmenis) for Unfitted Development Code Text Amendrrrent a9A. More particular descriptions of the above infomtation are on fAe in the Pianning Department, 664 Easf Watertower Lana, Suite 202, Meridian, Idaho anti are available for inspection during regular business hours, Monday through Friday. tram 6:44 a.m. to 5:09 p.m. Copies of tite above applications are available upon request. Arty and all interested persons ahaU lie heard at said public hearing, and the public is welcome and ttrv(ted to submit testimony. Oral testimony may be Ilmitetl to three (3} minutes per person. Written materials may ba submitted seven {7) days prior fo the shave hearing date so that ell interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the Ctty of tuteridlen. Anyone desiring accammadetion frn disabilitles related to documents arxilor hearings, please comact the City Clerk's Office at 888-A433 at least 72 hours prior to iha public rrreetin~ ```~~,,,~ rt~uq,~ '`Y :~~ '~~ r DATED this 4`^ day of Apra, 2998. _,~ t'PP~+~ , _ _ ~ HOLMAN, CITY CLEI~lC ~~ ~~ r t~+ • ~~, ,,''~. ,, 4~~~ia,"~K21Y'r'f ' ..n~ 0 Pe®e t of 1 Total Pastes Scanned : 1 Total Paec±s fenfirmpd • 77 No. Job Remote Station Start Time Duration Pages Line Mode lob Type Results 001 935 3810160 01:32:50 p.m.04-04-2008 00:01:09 111 1 EC HS CP9600 002 935 8989551 01:32;50 p.m.04-04-2008 00:00:18 1J1 1 EC HS CP21600 003 935 2088848723 01:32:50 p.m.04-04-2008 00:00:51 1/1 1 EC HS CP26400 004 935 8886854 01:32:50 p.m.04-04-2008 00:00:14 1J1 1 EC HS CP31200 005 935 2088985501 01;32:50 p.m.04-04-2008 00:00:14 111 1 EC HS CP28800 006 935 8467366 01:32:50 p.m.04-04-2008 00:00:14 1J1 1 EC HS CP28800 007 935 8950390 01:32:50 p.m.04-04-2008 00:00:13 1/1 1 EC HS CP33600 ?;y~, _ ~;~;. ~;;a;. ~~~',.,, O MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba CITY OF MERIDIAN PUBLIC SERVICE ANNOUNCEMENT ., i:. 'tis F ~~ ~~~ . ',>..~ A':: .> r,~~.#~ ,. _ "?~;3 PUBLIC ANNOUNCEMENT /NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Thursday, May 1, 2008, for the purpose of reviewing and considering the application ZOA 08-001 of City of Meridian Planning Department for Zoning Ordinance /Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment #4. More particular descriptions of the above information are on file in the Planning Department, 660 East Watertower Lane, Suite 202, Meridian, Idaho and are available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Copies of the above applications are available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meetin`~r~~< < `~/ ~~ ~ ~~ DATED this 4th day of April, 2008. e~ C~' P ~~~~ ~' '~ ~~~ - JAYCEE L. HOLMAN, CITY CLEF~K ~ .~~~ `'%~ ~t~~° boo '/',,~~~~1I9111 A31\1\\\\\~,a Page 1 of 1 ~~~; :; ~~, . ;: ° broadcast Report ~ ~ ~~~ Date/Time 04-28-2008 04:05:54 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Llne 1 Local ID 2 Local Name 2 Line 2 Y~ "~ This document :Failed ~~~~~ -='~I (reduced sample and details below) "~ `- Document size : 8.5 "x11 " .,:~~ ~.. . .~ :, v. ''' ' ''` Mayor Tammy de Weerd Keith Bird ~ i,.I iJ~..+/AS 1~~ ~Counritl~cem6arton •• 0 ®~l ~ ~ OavidZaremba a*~t t l t;';-.> CITY 01= MERIDIAN PUEIUC SERVICE ANNOUNCEMENT f...; PUBLIC ANNOUNCEMENT t NOTICE iS HEREBY GIVEN pursuant to the Ordinanrss cf the City of tviartdian and the Laurs of the State of Idaho, that the Planning artd ?.oning Commission of the Gty of Meridian uviU hold a public hearing at the Nte~idlan Ctty Hat[, 33 Ease Idaho Buenos, Meridian. ~',;:~ ''~ Idaho, at the hour of 7:04 p.m. an Yhursday, May 1, 2008, for the purpose of reviewing and consvdarirrg the appllcatlart ZOA, 08.001 of C1ty of tJleridlan Planning Department for ZoNng t-¢:' Ordinance / Unif~ct Devafopment Code (UbC) Text Amandmerd to rrrodtfy, dean up and add spedHc sections to the UDC (see appticaNon for details of a8 sections praposad tar amendments) far Untfled D®velopment Code Text Amendment #4. More particular descriptions of the above infarmatlon are on fde In the Piarming Department, 680 East tNatertower Lane, Sufte 202, Meridian, Idatro and are avattable for irtspedtan during regular business twurs, Monday ttvough Friday, from 8:00 a.m. to 5:00 p.m. Copies of the shave applicetlons are avei~bte upon request. Any and all irrterested persons ~~,; shall Ise heard at said public hearing, and the public ~ welcome and invited tp submit testimony. Oral testimony may be limited to three (3} minutes per parson. tNritten materials may be submitted seven ,.,, (7) days prior to the above hearing date so that alt iMerastad parties may examine thorn prior to the r "' hearing. Ali matarlais presented at public msetfngs stroll become property of the City of Meridian. Anyone desiring acxommodadon for disabilities r6lated to documents andfor hearings, Please Dented the City Clerk's t3fflce at 8884433 at least 72 hours prior io the put~ic mastir~. DATED this da' day of April. 20118. ? ~ 1^ '-~p~CJ•'R~'~`''11'P_~~~'. HOLflAAN, CITY CLE~If ,' r~,` t ts'r •1~~, Page 1 ~ 1 ~ ~ Total Paaes Scanned : 1 Total Panes Cnnflrrnart • 9R No. lob Remote Station Start Time Duration Pages Line Mode Job Type Results _- 001 011 3810160 ~ 03:03:43 p.m.04-28-2008 00:01:09 1/1 1 EC HS CP9600 `a=~ ~ 002 011 8989551 y;..;. 03:03:43 p.m.04-28-2008 00:00:18 111 1 EC HS CP21600 ;:,..;' 003 011 2088848723 03:03:43 p.m.04-28-2008 00:00:15 1/1 1 EC HS CP28800 ~' 004 011 8886854 03:03:43 p.m.04-28-2008 00:00:15 1!1 1 EC HS CP28800 005 011 2088985501 03:03:43 p.m.04-28-2008 00:00:15 1/1 7 EC HS CP31200 •'r>r 006 011 8467366 03:03:43 p.m.04-28-2008 00:00:21 911 1 EC HS CP28800 . 007 099 8950390 ':r. 03:03:43 p.m.04-28-2008 00:00:15 711 1 EC HS CP28800 za~ai;wi.Y _....y.. ~~ ,f j . S' .:. . G ~ j 4 l~r ~ ~ 4~ .: ~~~~ ' t~ ¢ x nrr t :; .~J ;72 _ 'f f - ` ~ t ~~ ~` 4 .i R' . J..; S ~ ~.~ ~ ~ ~ ~y ~ ~ +~ ~~ ! ~' ~ ~ } . + Y~ 4 ~ J f f ~. _ rti L;", _ _ ~ w ! x~ ~ r ~~ i ,~' i. 3 { :, .tee.,. ' Broadcast Report ~" ;y; Date/Time 04-28-2008 04:06:02 p.m. Transmit Header Text Clty of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 s~;~~ ,, _ V ''~~ ~', _. ~I 4, ?~~ No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 011 2088882682 03:03:43 p.m.04-28-2008 00:00:14 1/1 1 EC HS CP31200 009 011 2083876393 03:03:43 p.m.04-28-2008 00:00:25 111 1 EC HS CP14400 010 011 2877909 03:03:43 p.m.04-28-2008 00:00:13 1l1 1 EC HS CP31200 011 011 8885052 03:03:43 p.m.04-28-2008 00:00:14 1/1 1 EC HS CP31200 012 011 8881983 03:03:43 p.m.04-28-2008 00:00:27 1/1 1 EC HS CP24000 013 011 2083776449 03:03:43 p.m.04-28-ZOOS 00:00:25 111 1 EC HS CP14400 014 011 4679562 03:03:43 p.m.04-28-2008 00:00:14 1/1 1 EC HS CP28800 015 011 8886700 03:03:43 p.m.04-28-2008 00:00:00 0/1 9 -- HS FA 016 011 8884022 03:03:43 p.m.04-28-2008 00:00:43 111 1 EC HS CP14400 017 011 3886924 03:03:43 p.m.04-28-2008 00:00:31 1/1 1 EC HS CP14400 018 011 8841159 03:03:43 p.m.04-28-2008 00:00:14 1/1 1 EC HS CP28800 019 011 8840744 03:03:43 p.m.04-28-2008 00:00:16 1/1 1 EC HS CP26400 OZO 011 3363735 03:03:43 p.m.04-28-2008 00:00:44 7/1 1 G3 HS CP14400 021 011 208-947-9736 03:03:43 p.m.04-28-2008 00:00:41 1/1 1 G3 HS CP14400 022 011 3759248 03:03:43 p.m.04-28-2008 00:00:00 0/1 1 -- HS FA 023 011 3344080 03:03:43 p.m.04-28-2008 00:00:00 0/1 1 G3 HS FA 024 011 2084722211 03:03:43 p.m.04-28-2008 00:00:96 1/1 1 EC HS CP26400 025 011 2083737245 03:03:43 p.m.04-28-2008 00:00:16 1/1 1 EC HS CP28800 026 011 208381 6681 03:03:43 p.m. 04-28-2008 00:00:22 1/1 1 EC HS CP28800 OZ7 011 2083757770 03:03:43p.m.04-28-2008 00:00:51 111 1 G3 HS CP14400 OZ8 011 5773319 03:03:43 p.m.04-28-2008 00:00:20 1/1 1 EC HS CP21600 029 011 3448677 03:03:43 p.m.04-28-2008 00:00:16 1/1 7 EC HS CP26400 Abbreviations: HS: Host send PL: Polled local HR: Host receive PR: Polled remote W5: Waiting send MS: Mailbox save MP: Mailbox print TU: Terminated by user CP: Completed TS: Terminated by system G3: Group3 FA: Fail RP: Report EC: Error Correct F 3r.~ ~ x ~ ,~~° ~ ~ ~ 7 ~ ~, ~~x: ~~~ x~` „rev .z ~ 2~ : ~ .~: r ~ G a ~~. fir, ~ ~: k Vet ~µy~~r .ri~..{~asf. 3 z of ~ '~4 ~-1r •Sh ~! ~.~ _,t ~ ~ - + ~'<}'~'r v E' h.. ~ ~ 11. y ~ N ~ 1 ~'4y " k ,y Y ~_~~'~ ` r r ~`x ~` k-. ~ _ f ~ r ~ }. i srr F aY~3 ,~ P S r) 4; ~r ~ i ~~ i ~ } v ~° ~~'.~ y~' ~~}, :~8r Wig( i." ~ }M+{..1C jk ¢~Yp~ l } i. ..5 x ~ ~~ r ~ r~aas~'(~ ~ } ~ r x ~' ~'; .~ f k ~ ~ ~ ~ ~~ ~~:~ =~ ~~ n 1 ~~ ~ ~ ~ i W ..v. ~~"~~ .. ~ ~~ ~,.,:. ~~: ., ,= rte ~~ ~~ z ~; ' :- ~~ y ,; ;; ~; 5i -r~<, ~ F: i,. ;- ~~ ~~,, ~~; s ~ Meridian Planning and Zoning Meeting Mav 1, 2008 Meeting of the Meridian Planning and Zoning Commission of May 1, 2008, was called to order at 7:00 p.m. by Chairman David. Moe. Members Present: Chairman David Moe, Commissioner Joe Marshall, Vice-Chairman Wendy Newton-Huckabay, Commissioner Michael Rohm, and Commissioner Tom O'Brien. Others Present: Ted Baird, Machelle Hill, Sonya Wafters, Scott Steckline 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. Welcome to the regularly scheduled meeting of the Planning and Zoning Commission for May 1st, 2008. I'd like to call the meeting to order and ask the clerk to call roll, please. Item 2: Adoption of the Agenda: Moe: Thank you very much. Next thing on the agenda would be the adoption of the agenda and there are a couple changes, Commissioners. On the agenda, Items -- No. 4 is AZ 08-001, the Overland Village, that hearing will be continued to our regular meeting of the 15th of May. Along with that, Items No. 8 and No. 9, RZ 08-001 and CUP 08-005, for Trinity Assisted Living, will also be continued to the meeting of the -- of May 15th. Other than that, everything else will stay as is. So, could I get someone to make a motion to approve the adopted agenda? O'Brien: So moved. Marshall: I second. Moe: Motion to approve and second. All those in favor of the adoption of the agenda say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve Minutes of April 3, 2008 Planning and Zoning Commission Meeting: " t f :.r, ,1:> y, ~~~_. .==> ~~ ~. :. ~~;. ~;r .:~; ,,r _;_. _rjj ~%f „v ~. ~::. _ 34 '- y: ~: ~ 2. ~°~ =~~ .~ k'C i 2 _ ~;"-' ,:; ~: 4r«; ~ { ;,~,~ ~: '~ , Meridian Planning & Zoning May 1, 2008 Page 2 of 40 B. Findings of Fact and Conclusions of Law for Denial: CUP 08- 002 Request for Conditional Use Permit for a drive through establishment in a C-G zone within 300 feet of another drive through facility for Sonic Southern Springs by Boise Food Service -1870 South Meridian Road: Moe: Next item on the agenda is the Consent Agenda. We have two items on the Consent Agenda, one being the meeting minutes of April 3rd, 2008, of the Planning and Zoning Commission meeting. And, then, B is the Findings of Fact and Conclusions of Law for denial of CUP 08-002 for Sonic Southem Springs. Any discussion or can I get a motion? Newton-Huckabay: Mr. Chair, I move we approve the Consent Agenda as written. Rohm: Second. Moe: It has been moved and seconded to approve the Consent Agenda as noted. All those in favor say aye. Opposed same sign? That motion carries as well. MOTION CARRIED: ALL AYES. Item 4: Continued Public Hearing from March 20, 2008: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C-G zoning district for Overland Village by Relo Development - 3330 E. Overland Road: ~ Moe: Okay. Well, we are still not in video, but we have got a couple other things we can go ahead and do, at least right now. I will -- I am going to reopen the continued Public Hearing for AZ 08-001, for the sole purpose to continue it to the regularly scheduled P&Z meeting of May 5th -- May 15th, 2008. Rohm: So moved. Newton-Huckabay: Second. Moe: It has been moved and seconded to continue AZ 08-001 to the regularly scheduled meeting of the 15th of May. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Wafters: We are working on it. Newton-Huckabay: Mr. Chair? ~~ ~~ Meridian Plannin & Zonin 9 9 May 1, 2008 ,~,: Page 3 of 40 1`~ ,, .;.u~ ., Moe: Commissioner Newton-Huckabay. ~~ :~ - Newton-Huckabay: Maybe we can go ahead and jump ahead to Items 8 and 9 and .~r~>;: open those and continue them as well while we are waiting for AV. - ~ '$ Item 8: Public Hearing: RZ 08-001 Request to Rezone 0.32 acres from R-4 to O-T zone for Trinity Assisted Living by Elisha Ricky - 1353 W. 1St Street: -~~"` Item 9: Public Hearing: CUP 08-005 Request for Conditional Use Permit to i; ~ ,=~ operate a 24-hour Nursing Care Facility in a proposed O-T zoning district and conditional use approval for a site and building that does not meet the criteria of the Downtown Meridian Design Guidelines for Trinity Assisted Living by Elisha Ricky -1353 W. 1St Street: Moe: I think we can sure do that. Okay. So, I will open the Public Hearing for RZ 08- ~S 001 and CUP 08-005 for Trinity Assisted Living for the sole purpose of continuing those 4 hearings to the regularly scheduled meeting of the 15th of May. ~~ ~~ ~ Rohm: So moved. Newton-Huckabay: Second. .;: F >. ~- -~ -~= O'Brien: Second. ~ ~ : ~~~ Moe: It's been moved and seconded to continue RZ 08-001 and CUP 08-005 to the regularly scheduled meeting of the 15th of May for Trinity Assisted Living. All those in favor say aye. Opposed same sign? Those motions carry. ~,;:;; MOTION CARRIED: ALL AYES. { _~ Moe: I'm seeing something on the screen so we will -- we will go forward. At this time ~~' , , before I do open the Public Hearing, I -- there is faces I haven't seen, so I kind of want ~~. ~ ,~} to give you kind of a rundown on how the-process works here. I will open the Public Hearing and ask the staff to give an overview of the project. After they are done the Commission may have some questions of staff. If not, we will, then, ask the applicant to come forward. The applicant will have 15 minutes to review their project, after which time, then, anyone that has signed up in the back to speak in the audience, you will . ` 4' have three minutes to make your point known. After everyone that's been signed up is .,~ through there, I will ask one more time if there is anyone else in the audience that would ~` like to speak and you will also be given three minutes to do so. After which time the n ~} '~~~ applicant, then, will be given time to come and rebut what the folks in the audience had requested. ;} "~:~ Item 5: Public Hearing: CUP 08-009 Request for Conditional Use Permit for a convenience store and gas station in a C-G zoning district per requirement ~r ~c , ~~~ ~, ~~ ~~ - ~_ ~w ,~;~: ~~:, F~<< ~,~~ Meridian Planning & Zoning • i May 1, 2008 ~ Page 4 of 40 FI of the Development Agreement for Maverik by Maverick, Inc. - NWC of N. Ten Mile Road and W. Ustick Road: ``~- `~~ Moe: So, on that note I would like to open the Public Hearing for CUP 08-009 for the Maverick and ask staff to open. ,_.:,~~ Wafters: Thank you, Mr. Chairman, Members of the Commission. The application ~= `-I before you is a request for a Conditional Use Permit for the operation of a convenience 5~ "~' ~: store and fuel sales facility in a C-G zoning district per requirement of the development agreement for this property. The site is located on the northwest comer of North Ten "' ~`= ~~ Mile Road and West Ustick Road on Lot 4, Block 1, of McNellis Subdivision. The ~=~'' property is currently zoned C-G and consists of 1.14 acres of land. Here is an aerial ~~_~~ view of the property. The site is currently vacant. North of the site is vacant property in and McNellis Subdivision that is in transition to commercial use, zoned C-G. To the east are single family residences in Hartford Subdivision, zoned R-4. To the west is ~« agricultural property in McNellis Subdivision that is in transition to commercial office ~~' use, zoned L-O. And to the south is rural residential property, zoned R-1 in Ada County. The applicant submitted a site plan as shown that demonstrates how this property is proposed to develop in the future with a 4,200 square foot Maverick convenience store and fuel sales facility, consisting of five fueling islands. The '~f Maverick building is proposed to be right there. The fuel islands are right here. Per the existing development agreement for this property, a Conditional Use Permit is required `~~ for the proposed use. Parking is proposed on the site in excess of UDC standards. A ~:=f, 4d minimum of one bicycle parking space shall be provided on the site. Outdoor seating is not proposed by the applicant and is not approved with this application. Access to this site is proposed from West Ustick Road to the west of the site, across Lot 5, Block 1, which is right here. This is Ustick along the bottom here. And from Ten Mile Road to the north of this site -- you can't see it on this plan, but up here across Lots 2 and 3 of ~~'~ McNellis Subdivision, via an ingress-egress cross-access easement benefiting the Y subject lot, recorded on the final plat as shown. Direct lot access to Ustick and Ten Mile Roads is not proposed or approved with this application. Staff is supportive of the ',,f k;, proposed off-site access point to this site. Actually, here is a copy of the plat that shows the access. This is the site here on the comer. This is the access from Ustick Road and from Ten Mile right here. The applicant has submitted a landscape plan for this site ~`' as shown. A 25 foot wide street buffer is required along Ustick and Ten Mile Roads as shown, to be installed with the subdivision improvements. A 20 foot wide landscape "~ buffer is required to be installed with development of this site along the west property boundary. Right here. As a buffer between the subject lot and the L-O zoned lot to the west per requirement of the preliminary plat. Buffer will be located on the adjacent lot, `.Y ~. rather than the subject lot, as depicted on an easement on the final plat. There are several additional trees labeled with an R on the plans that are proposed above the `~= ; required amount for mitigation of existing trees that were removed from the site during j: development of the property. Building elevations were submitted with this application as ~~~. shown. Exterior materials are proposed to be EFTS exterior insulation and finish IS, system. This is synthetic stucco. With stone veneer accents. The roof and awning are t proposed to be metal. Staff has no objections to the elevations proposed by the s h~ ~~ _y 1 ° .< , , ~ ~rT: - , ~ ~`~ .~ h. ey i .,~ ' ~ t_r ~:; Sa, - i } _ i -'i,- w 5~ f. ~, J„ - Y ~' ~f' ~ ,.: t its,` +J'i 4. }nom' . i ~ '/ t ,11'- t "y k { lF~, i ti' S y . J~ ~{, l }'~1~ t . ~ 5::... ~~~; : , ~~, Meridian Planning & Zoning S May 1, 2008 Page 5 of 40 applicant, as they comply with the maximum building height and size requirements of the C-G district. Chain link fencing with slats is proposed along the east and south sides of the building to screen outdoor service and equipment areas. You can see it on this elevation. It's that part right there and right there and a little bit right there. Per the Unified Development Code this does qualify as a screening material. The applicant should present an alternative plan for screening this area, such as landscaping with a wall or a fence that meets the requirements of the UDC. The hours of operation for the proposed use are 24 hours a day, seven days a week. The Commission should consider any testimony from neighbors in determining if the proposed hours of operation are appropriate or if restrictions should be added as a condition of approval. Staff is recommending approval of the requested Conditional Use Permit as stated in the staff report, subject to the conditions listed in Exhibit B. Staff will stand for any questions the Commission may have at this time. Moe: Any questions, Commissioners? O'Brien: One question, Sonya. Mr. Chairman. On -- on the bicycle parking space, what size is that? How does -- how is it configured? Wafters: Chairman Moe, Commissioners, Commissioner O'Brien, a bicycle parking space can just be in a bicycle rack. O'Brien: Okay. Wafters: Our UDC requirement is one bicycle space for every 25 vehicular spaces, so a minimum of one is required. O'Brien: So, one meaning a bicycle rack that has multiple slots. Wafters: Capable -- one bicycle rack capable of holding -- of holding at least one bicycle. O'Brien: Okay. Wafters: Normally they hold more than that. O'Brien: Okay. Thank you. Moe: Any other Commissioners have any questions? Rohm: Not at this time. Moe: Okay. Would the applicant like to come forward, please? McDougal: My name is Brad McDougal, I represent Maverick. Sonya did a pretty good job of -- ~~~, ~<{ s ~ Z~;^ ~~`~`'} Meridian Planning 8 Zoning May 1, 2008 ;~ ~ Page 6 of 40 Moe: Can you give your address, please. ,. McDougal: My home address? Moe: We just need an address. "'~= McDougal: 880 West Center Street, North Salt Lake, Utah. Sonya did a good job of explaining what we plan to do. We have got quite a few stations throughout the Boise >:;~;~; area. You're probably familiar with a few of them. The latest one we built -- we just opened one about two weeks ago on Lake Hazel and Cloverdale, which is exactly what ,~.; we will build here -- what we'd like to build here, if you'd like to see what we'd like to do ,~~ there. As far as the fencing goes, Sonya mentioned that the code does not allow a __ chain link. We would have no problem putting a vinyl fence in. We typically go with `,: chain link, because the big white surfaces, people tend to like to paint on and chain link -:x seems to be a little better, but we have no problem with a vinyl fence. And like I said, she did a great job explaining it. If you have any questions for me I'd be happy to answer them. ~~~ Moe: Thank you very much. Any questions, Commissioners? `"!' Rohm: I'm just curious if you had any communication with any of the neighbors or had a ~' neighborhood meeting or anything? McDougal: We did have a neighborhood meeting. I was not involved with it. We had another gentleman that held that neighborhood meeting and knew there were some comments about the area with the neighbors around there. One of the concerns was ~~~~ typically we have a -- a picnic area out to the side of our building where people can sit ~~ and eat a hotdog or a sandwich. Some people were concerned about that, so we removed that from our site plan. There has been a little bit of concern about the lights wr~ shining from our stations. One of the things -- as we are selecting sites, we are not what you would call a destination, like a Wal-Mart or a Target, a shopping center where people -- you know, if you want to go shopping for clothes you have Kohl's in mind or you want to go to a mall. As you look at convenience stations, it's -- and think of your n: own shopping habits, most people buy gas close to their home or close to their work or { on the road that you typically travel. So, as we are looking for new sites for our stations, '_~~5 we go to roads where there is quite a bit of traffic, where there is -- you know, people can stop. As we look at the demographics, we have probably 30 percent of our clients `'~ come from within a half mile, 50 to 60 percent within a mile. So, we want to have larger populations there, because the people aren't typically coming from outside to shop -- shop for gas. And like I said, think of your own driving habits, you're not going to drive -- most people don't drive across town because Maverick's got the cheapest gas, you know, or Flying J or whoever you typically shop. You would do it by your office and by your home or on the way to where you're going. See, we typically like to find those spots where the roads are already busy, where the people are already living there, so ;~= we can service those -- those clients. And so that's one of the reasons we chose this r ~.5.._ .. _ t ~~ t ~~~ - , _ , s`;.. - 5 ~^ ~ k 1 f~, ~~_ t p '~aF' _ _t1 ~3 .' ~ S ' ~ ~ Y t -_ t1 t ~ r, t ~ Y .1 4 ~T _ r ~ a i _ ~ ~; ~ ~F ~ .i J ~~ 3 ~ i~C _ ~ F 4 ~~ _ i ~ ~: 1 ~ ~•` L~F ~,. i._ :~; :~ _,, ,ti,, f: ::-.;.: ~7 >' _, q.+~ 4S Y ::.~, ~~~=w w,~ ,. ~_ W r ~~ ~ ~n '- _-r- ~:~:, ~~ ; `1 <,>~_ ^, x: ,; ~~ a =: ~. t, ~ x, Meridian Planning & Zoning ~ e May 1, 2008 Page 7 of 40 spot, because the roads are busy there. We don't -- we don't generate traffic, we try and capitalize on the traffic that's already there. So, there were concerns about lighting and I think with some of the landscaping it's going to knock down a lot of that lighting that's shining out. All of our fixtures on our buildings, they are a shoebox type fixture, which doesn't allow much light to get outside of our site and we try and eliminate as much of that light trespass as possible to keep if from shining into the neighbors' windows and stuff and we want to be a good neighbor and if there are problems, we will address those with shielding and whatever we can do to -- to help with those problems. Typically, we like to stay open 24 hours and the way we determine our hours of operation, we like to open up 24 hours at first and if people want to shop us, then, we want to stay open to service them. If people don't want to shop us, then, we will close. We operate a chain of about 185 stations right now and we have, I believe, four that are not open 24 hours. And that's just due to demand. There are people out there that, you know, work odd hours that are on their way home from the grave night shift and want to grab a hot dog or want to candy bar and so we want to be open to service those customers, too. That's all I have, unless you have other questions forme. Rohm: Okay. Thank you. Moe: Commissioners, any other questions? Newton-Huckabay: I have nothing. O'Brien: Not at this time. Thanks. Moe: Okay. On the sign-up sheet Janet Wilder. Please state your name and address forme, please. Wilder: Janet Wilder, 3340 North Ten Mile Road. Good evening, Commissioners and clerk. And all the neighbors that I hope came to support us. First of all, I have a couple of questions about the property. It's my understanding that this whole mile, except the very northern part of it, is zoned wastewater treatment plant and the reason that it was zoned that way was to protect the residential neighbor from the noise and odors of the plant. Is this correct? Moe: Based on the map up there, right there, right there, that this site is actually zoned C-G, which -- Wilder: Well, the whole mile around it, though, was zoned wastewater treatment plant. And this was, before it came in and got the commercial zoning, but the whole idea behind it was to protect -- they weren't going to let any houses be built there; is that right? Rohm: I think that there is concurrence that they recognize that residential development wouldn't go hand in hand with the wastewater treatment plant. That doesn't mean that there would be no other development available -- ~;;~:~ ; r',~- Meridian Planning & Zoning ~:~~~~=.'; May 1, 2008 ;1_;._ Page 8 of 40 ' Wilder: No. No. ~ ~~'` Rohm: But residential development right next to the waste treatment plant, I think was ~'' something that was avoided. Wafters: If I could speak to that. Excuse me. I think Mrs. Wilder is referencing our Comprehensive Plan future land use map. That area is designated for wastewater treatment plant, mixed use. She is correct; we don't really want to see new residential uses in that area. However, this comer -- a good section of this comer is not designated for that. Wilder: But the ol~ iginal zoning for that was to protect the neighborhood from the noise and odors and all that from the treatment plant. Wafters: It's not zoned that, but the future land use is designated for -- not for residential use. Wilder: Yeah. I'm using the wrong terminology. Well, that was something I wanted to get -- see if I was thinking correctly on that. So, the next question I had is that it's also my understanding that the city's responsible to protect the residential developments from commercial developments that will add noise, lights, odor, traffic and crime. Is this correct? Baird: Mr. Chair, could I suggest that we collect all the questions and have either staff or the applicant respond, rather than have a back and forth, because her three minutes is going to get used up pretty fast. Moe: That sounds like a great idea. Wilder: Okay. Anyway, if -- depending on your answer to that, I just wondered if you think that a 24/7 convenience store might possibly add to all of those above. Let's see. Placing a convenience store gas station at the comer of Ten Mile and Ustick would not buffer the residential areas from the wastewater treatment plant nuisances. By allowing this store you bring the nuisances closer to us, because there are subdivisions, as you "~ can see, south and east of the proposal there. I also have a petition here from the r. neighborhood around that that I'd like to tum in. Moe: Okay. If you'd give it to the clerk, please. Wilder: Okay. And also, then, I wanted to point out that one mile north of this comer a Fast Freddy's is already planned. A convenience store. So, it would be at the comer of Ten Mile and McMillan, just one mile north. Rohm: I have a question of you, ma'am. Would you come back up to the microphone, G'H please? i 1 ~~ s t ~"~': r ~ `l k ,l T V u ' ~ ~ r'` s --k' ~t ii'. 1 , K . `! +Nr', r { ~ Y j w ..'r ~ `~„ l pj: ~. 1 L ~ . 1' `S U~ , T 1 ~ vY'u:, ~ f ~r 4 5,: y-: y ~ r r rJ' '4 ~ { ~, ~~ s e ~ ` Meridian Planning & Zoning May 1, 2008 ~ ~; ~.~ w,~ . Page 9 of 40 i - Wilder: Yes. Rohm: My first question of you, did you attend the neighborhood meeting? '-_y: ;, y;~`. ~~~~~`~~ ~ Wilder: Yes, I did. ~~ t~~` Rohm: Uh-huh. And what was your assessment of that neighborhood meeting? Was _- there any discussion about any of the items that you brought before us tonight? °"' ~ ` Wilder: Yes, there was. There were I think four neighbors showed up to it and we were all pretty much in consensus that it was not a good location, because of the ~:~ neighborhood, you know. There are a lot of kids in those neighborhoods and it was kind -' '' of pointed I thought when I started around with the petition, one of the little girls in the ~ :~~:< neighborhood says, oh, good, I want a Maverick there, then, I can go there and buy ~ ~~ ,:~~ ' ` candy. Well, it's across that road, you know, where -- there is no stop signs -- or not a sign, but a stop light. And the road does get really busy and there are -- she's -- I think ' '` she's 11. She could probably get over the road and back, you know, but there is a lot of little kids in there that are going to seize the same opportunity and want to go to that store to get candy or pop or something, you know, so -- and there is neighborhood -- I '"~~' :,,;; mean these neighborhoods are full of kids, so -- ~~~ ~.~ ~. , ='~ ~ Rohm: Well, pardon my exception to your testimony, but it seems to me that if you have a store in your community versus having to go another mile to get that same candy bar, f~ I think you're reducing the risk of hazards, rather than increasing it. I'm just saying from my perspective that's what I'm saying is -- Wilder: Except that it isn't right across the street. +t K '! »_yi" -~ Rohm: It doesn't make any difference. If it's further away, they would have further to ~~ ~ ~`~4~ ~" travel to get that same candy bar. Wilder: That's true, but -- Rohm: But I -- just a difference of opinion. .~ :.,..: J ~ Wilder: Yeah. There aren't any sidewalks to that store, you know, so I -- I don't ~,~; suppose their parents would be letting them go that far. And I'm considering the little kids that, you know, might try to dodge across the street to -- when parents aren t looking. Rohm: Thank you. 1 `r { ", Moe: Thank you. Just for the record, the petition had 58 signatures on that and it is ~~~` making its way through Commissioners. Next name on the list was Will Farrell. Or ;-~; . Farley. Excuse me. _,,t. ,~. ,..;:;r ~ry'•' FFH3,: :. ,~,~ ~, x; .i _`;~ G r ~!a~, ;.,~,, ;.a. ., ;rr.. ;;.~ . ~> ~.:n' ;~:. ~~~. Meridian Planning 8~ Zoning May 1, 2008 Page 10 of 40 Farley: My name is Will Farley. I live at 2976 West Wilder Street in Meridian. I didn't know that I was signing up to speak in front of you guys, I was just opposing the convenience store that is placed, but I did have a couple questions that I would like to ask the Maverick representative, if possible. Moe: Just ask them and he will come up later. Farley: I have to ask the Commission, instead of Maverick itself? Moe: That is correct. Farley: Mr. Commissioner, I think he said that the impact of the Maverick store would be for customers coming at the half mile radius from the store; is that correct? As of right now, myself, I have noticed that Fast Eddy's has -- between Linder and Meridian Road, along Ustick -- I travel an extra mile to go over there to get gas, out of my way. I think that the impact of a convenience store would bring more traffic to the comer of Ten Mile and Ustick area. I mean, granted, there is no traffic lights, so we will have backing up like we do, let's see, around 5:00 o'clock, around Ustick and Linder Road, you know how backed up that gets from that. I think the increased traffic will be brought on by the convenience store itself. I don't know if we want to have them answer or -- Rohm: You give your testimony and, then, at the end they respond to all testimony. Farley: Next question I have is when are service trucks going to come in, like Frito Lay or are the gas -- to fill the pumps itself, because that does bring added noise to that intersection, which does affect the people on the western side of our subdivision, mainly the comer of Ten Mile and Ustick area. Those .are two questions that I would like to have asked, if possible. Moe: Just one question for you -- Farley: No problem. Moe: -- in regard to the delivery. What would be a time that you wouldn't have a problem with? Farley: Well, myself, I was unable to attend the other meeting due to work, but I believe maybe -- people sleep at all time a night, like he was saying. You know, he -- I would -- maybe around noon-ish time, but, then, that affects the graveyard shift that they are trying to provide hotdogs, people for as well, so -- Newton-Huckabay: So never? Farley: Well, that would be fine with me, but that's just my -- I don't shop at Maverick, because I don't like Maverick. The places where I used to live in Mountain Home, that's F: ~~;, .~ ~, ~ ~ _ ~ ~~~" r F ` L y '": r. '' ~ , r a sag ,~': a3, 5 i' , Y~ x sa } ~ ~ H 4 F'"~,~ ) f Y .1 "i r; x ;~ ~ , } ~ ~~ t ~ _ .":{ ~ ~`I ~ f i ~ } ~ f ~ ..d ~ '¢ y w .., ~Y, Y T it' w. 7 ~ ' f ti ' ~ ~ a r ~ ~ ' '~ 1 f ' ~. ~•.. F A T~'~ ~~+_,.:= r~ .' ~, '~~^ .y,.. ~_ ~.' F ~~~ <YM ~ . w~~~ . :_ `4~, {.. ' ;~ ,. ,~~, ; t Meridian Planning 8~ Zoning • May 1, 2008 Page 11 of 40 where you used to go and get your drugs and stuff. That's why loitering outside with the picnic area was one thing I didn't like having outside our -- our Maverick, so that's just what I would like to say. Newton-Huckabay: Thank you. Moe: Thank you very much. Farley: If you have questions towards me I would be glad to answer them. Moe: Thank you very much. There were a couple of names on here, but they crossed themselves out, so if there is anyone else that would like to speak, you're more than welcome. Seeing no one, would the applicant, please, come back up. McDougal: Some of the questions that were brought up was, you know, the half mile and that's just from the numbers that we look at. Now, there are exceptions to that. Some people do drive out of their way. But as we look at the generalized -- as we look at our market share, the majority of our -- 25 percent of our market is in within that half mile radius and 50 percent probably comes within that mile radius. Now, where there is amain corridor, Ten Mile and Ustick, people coming from a couple miles that travel from Ustick and continue on passed, they might shop us also and people on Ten Mile going either direction might stop and shop us. But, generally, you know, there is a lot more gas stations in the area and people can stop every couple of miles. But we don't foresee seeing, you know, people driving from Nampa to come get gas here or from Caldwell, they are not going to come over here. If you're driving down and you drive passed it, you might stop and get gas and that's kind of -- as we look at locations that's what we look for, traffic and, then, population. As far as service trucks, we have three busy times in the day, between 6:00 and 8:00 o'clock when people are going to work, lunchtime, and, then, when people are coming home from work. So, we try and do our deliveries other than those times. We don't take deliveries very often at night. Sometimes our gas trucks, if it's an extremely busy location where we -- some of our stations we are picking fuel three and four times a day. Very few stations do we do that. And deliveries we take in the morning after our 9:00 o'clock rush. Now, the delivery guys kind of have a little bit of leeway when they are going to do things, but we try and keep them away from our busy times and they don't like to work after hours either. So, we typically are in the 9:00 to 5:00, the 7:00 to 5:00 range. You know, the noise and the ' ~r crime, those comments got brought up. Like I said, most of our -- our -- the people that ~., , fj ' ` are coming here are coming -- they are already there. You know, the noise is there " ~ from the road. People are driving very slow when they get on our site, so it's not -: , ~`~ creating a whole lot of noise from cars. It's more the cars driving passed would be . ~," creating a noise. As far as crime, I couldn't really address that. You might want to talk ~~ #j" . to your police chief and see from statistics on crime and convenience stores. I don't ,~- know much about that one, so -- any other questions you have. I think I -- ~~ r . -, Rohm: I don't have any. ~~ ~~ t ':~ ;~ y.. ~~~ M• Y _ ~yyy yy ' {33 ~ 1 ~ - ~ ~ T + '4 W .( y; aS 1 t Y ~ b ~( •' ~ i I)C t F I' ~ t ~~ Y o h 4Y - 't. ~ ~ ~. >,._ r~ ~ a w J Fu ~r` ~ ~ ~k-a ti ~, f fi i '^7. ~S$` y t ~St N 1 ~ ~~~'~~ ? v ~,~ z.4.. +F~ 7f4 .n _ } y ~ 1 .'.~--irk ~y~t.x'~+~ f~ rC mil; ~y 1 al Y ~gTrj ~ *' . { ~~ ° " ~~g ~t ~ i ~ ~* #~-~:'r,~w .ifr'~~ ~~ a ,FC~:y +~ ~ f ~~~'' F ~ Mr "~?}i{,-~~`%;~ ~ l -~ • . , A v ~ i... ~(k.p i• ...~ { ". - " 1 « Ja - J ,` -; -. . ' -. ~ -~.1 ~ ~~ -' {{,~~It t` ~~ti~ e,~ tiy, ~ - r -~;: rr{ ~.,, , ...', ; ~ ~e.n~;~S.i.Hh,~,~~ $~ii~ "' s J {.'uf t ~ ~t °' `^• 'G.,3~£ ~., .:-._. , I h,~ k~ f x ~ ~ ~ ~ A.~•~l A4 flbriP ~ i',~ Y wi ~ tin,'} 4^ K-~~ +( _ - - ~. 'i "r. ':~ ~'~ ~ .}. ~ Imo. '~rr~ - i r x ~Y t r "1La'S~ a ~ i? ~ r ~? t3 i'f ;~ ..~+ b ,etc ~ `` ' L~'~rs~ts yKtrt~.J^r ~. s ~~ vb? t _ ~ ' ~ b rk ~~*Cr"t~~yi '~~. ~F '~~5 r1~t'[Sn- 'GS, - trp~ a~ k ~~.•Y3'C~i ~1 ~O I r t K~' - t ~ ~ :~Y M ~'~~. 4 b ~'MI ~ '~ as - y ~~~ sz'jT - t ~~. r ' ~~ ~,' ~` a~ ~f, ~ E d ~ ~~ s u~tr~4Y ~~~°~r3a .. '~.,~.. a s s.:F ~ ~,; ! . ~ ' ~ ]~+ F i' j -_r, , _ uI ~ Y ~: ~ d.t +7 . ~ R ~ ~~ h ~ ° ~ ~ ~ r ~ {~x9 ~{~t' ~ Y i lr y fl ~ F I t ~ v 3 ~ 3 ~1 (,~ s••.n i ri'+n -~ 1 S ~.~~+"TpYI 71x• M1* ~ ~T~`'~'~v 7!Rr: `r L ~ fi 7~. 7+L,F i,'"" ''!v~ r ~ ' r51 __ K i ~l$ ~ t r` '~, ~.,~~~ 'r X57.." E~~ ~&~"£ 4" M1^ ?~7''"t 1 ~ ~~~ i' :~'+ ~i+~ ~ ~1'r ~ ~ ' 1 x~ ~ -+ a 1. ~ G. ~~~ ~r~ ~~~ ,,•.~ - :; _T `~:: „~;: :~. .~. .~: _~ _ ~t ~: 1 ~~,: ~i. ,, y"`• r. ,.7 -r; :~;~ ~~~ , ~: :n ~, ~~ ~~> ;, r ~.:-, ,y .:::~; -;~ ~~;::i. ,,~. ~:>t .~, ~~ , ~r r 1. ~ ~,, .~'. K Meridian Planning & Zoning S e May 1, 2008 Page 12 of 40 Newton-Huckabay: Mr. Chair? Moe: Yes. Newton-Huckabay: Mr. McDougal. McDougal: Uh-huh. Newton-Huckabay: McDougal; right? McDougal: Yes. Newton-Huckabay: Okay. Where on the property was the Public Hearing sign posted? McDougal: You know, I'm not sure. I don't think we have to post a sign for that, we just have to send out letters to within -- neighbors within 300 feet. Newton-Huckabay: I see the picture of the sign, but Ididn't -- McDougal: Oh, the public -- there should be one posted on Ten Mile and one on Ustick. One on both roads and it has to be on the site. Newton-Huckabay: I understand it has to be on the site, I was just curious. McDougal: I think they are right on the roads there. Newton-Huckabay: On the site near the road. McDougal: I think by code they have to be up on the front of the road. Newton-Huckabay: Okay. McDougal: And they should be there for the next three days, I believe. It's a fairly large sign. Newton-Huckabay: Yeah. I --okay. Thank you. Moe: What's that? Newton-Huckabay: Is that the picture that -- I just want to make sure that it wasn't stuck out where it was difficult to read or see. Moe: Oh, I see. Rohm: I think the petition signed by 50 of the neighbors, most of the neighbors are aware of it. ~'~~ a~Sr :;1,C ,'.w ~ ~'„. F. - .~_; ~: f: w r', ;b +~~ ~~- r' r~ ~ . _' °:- :;, ';., y,` :jl ds~~ T L, ~~ ~~:` -- , 1 +~ 5 ~~, ~:, ors ~. Meridian Planning & Zoning • e May 1, 2008 Page 13 of 40 '~~` Newton-Huckabay: That's about Hartford Division is all that -- we have no Candlelight people here -- oh. Perfect. Thank you. Moe: Are there any other questions of the applicant? ~ Marshall: I do not have any. O'Brien: Oh. Mr. Chairman, one question. On the fence, is it going to be a six foot fence? McDougal: Yes. O'Brien: Vinyl? McDougal: Uh-huh. O'Brien: And what was the consideration between that and block? McDougal: We could do block also. We'd like to go with vinyl, because it's a little less expensive, a little easier to fix if someone were to run into it or break it. Block tends to cause us more problems. If it does get -- if spray painted or whatever, vinyl is a little easier to -- you can clean it off, you don't have to repaint the whole wall. O'Brien: So, I have to ask staff. Sonya, with that same venue, what is the preference the city has? Does it matter for noise abatement and things like that? Wafters: Chairman Moe, Commissioners, Commissioner O'Brien, the city -- the UDC allows a vinyl fence. That's fine. Basically, we allow anything besides chain link with slats. McDougal: In that area we don't keep equipment. All the equipment is on the roof. It's more like floor buffers and some -- when we get shipments they have a little plastic container, we will store those back there and pressure washers, things like that, we just don't want to keep out in the open, we don't want to keep it in our store either. So, it's not -- it's just small equipment for the stores and there is no mechanical units or anything like that, they are all kept up on the roof and protected by parapet walls. O'Brien: Okay. Thank you. That's all I have. Moe: Thank you. McDougal: Thank you. Moe: Okay. Commissioners, any comments? Commissioner Newton-Huckabay. `~,5 ~„ .try !4' • ~: v Meridian Planning & Zoning May 1, 2008 7 ` `, Page 14 of 40 Newton-Huckabay: I'm going to hold my comments for a few minutes. Moe: Okay. Mr. Rohm. :~ > t~, ; ~~i Rohm: Well, my personal opinion is I think that it would be a welcomed addition to the community myself. I think convenience stores, like the applicant stated, they serve the ;,~~-:; I people that are already on that road and they don't bring in additional traffic and by ~~~~ -- having a convenience store there, in my opinion, reduces the likelihood of children ~.~: traffic going down to Fast Eddy's a mile and a half east on Ustick. I mean it's just -- it's .- more of a community neighborhood convenience store and I think that that's why they put them in, is because they are appreciated ultimately by the neighborhood as a whole. '~'~ And that's my assessment. ! ~~ ~~' ~ Newton-Huckabay: Mr. Chair? k•P.~j Moe: Commissioner Newton-Huckabay. Newton-Huckabay: Commissioner Rohm, Mrs. Wilder was referring to the Fast Eddy's that's going in a mile to the north at Ten Mile and McMillan. ~, ;. r Rohm: Well, no, I m just saying that convenience stores as a whole are placed there for the convenience of the community. ~~ -- Newton-Huckabay: Right. Well, I just wanted to make sure you were that you ~~ understood that was when she was talking about was the one that is yet to be built. ''~~: Rohm: And I -- I don't have any problem with that either. '" Newton-Huckabay: Okay. ~;~ . Moe: Okay. Commissioner Marshall, do you have any comments? ~_- ' Marshall: I am a little concerned with the proximity of the residences and the time of delivery, with delivery trucks coming at night and things like that, and I -- other than that, I think it's probably a very quiet neighbor. I don't think it's anything that's going to generate a lot of noise. I don't believe it's going to generate additional traffic. I do wont' about acceptable delivery hours and delivery trucks at night. 6 . A;; . Moe: Well, actually, as the applicant stated, basically, most of their deliveries are either between 9:00 to 5:00 or 7:00 to 5:00 during the day, because deliveries -- they don't like to work after hours either. ~~ Marshall: Understand. ~ Moe: Okay. 1 c~i~~ "t ~.s^~9 ,,t_ nE-= ,. h ~~; t ~ - ~ •;r - ~~ i- -"~ k t, - ;lit `+h '` 1 • i x #f ~ ri~ , °;r ~ ~~. {yF~ i G ~7.t. C k. -~' { {~ 1 L L •i~f {{,} { t ~'F ~~ r: F S.. . ~ j l~ ~~ _; rt ;:~' x e e ~~,.. ~ ~ ~{y. ~ Meridian Planning & Zoning May 1, 2008 Page 15 of 40 Marshall: That's all the comments I had. Moe: Okay. Mr. O'Brien, any other comments? r. 3% 4, O'Brien: I --Igo along with the -- my constituents here in this. I think it's going to be a fk~ F ~ plus, not a negative, and I think for the overall, the people that will be utilizing this , facility, establishment, they are going to appreciate it. I don't think it's -- Maverick, the ones I have seen, they look like they are very well kept up, clean, I have never seen one that's been run down, at least in this area. So, I think it's a positive, especially for the location of that. Again, I don't think it's going to add any traffic to it. I don't know what ti = the time frame is of getting asignal -- a traffic signal in there, maybe Sonya could -- k . ~ knows something about that, but I don't know what the plan is to how long it's going to t ` be. That wasn't discussed when we talked with Ada County -- Moe: I don't think ACRD -- I don't know if it's on the -- O'Brien: Okay. "` ~ = Moe: -- on the program yet or not, so -- .. ; ; y Newton-Huckabay: Their comments didn't indicate -- .= ~ ~~ Moe: I didn't see anything either. O'Brien: Other than that, I just don't -- I can't see any one thing that we should prevent {~ that from happening. I just -- I think it's a positive thing the way they are going about it. ,F^ {'~ Moe: Okay. Well Iguess -- Sonya could you put the landscape drawing up? I'm kind :-~ ~ , , of curious about one thing. Basically, my -- quite frankly, I think this project is a good ~~ ~ ~~ location for it. My biggest concern is is that, basically, with the pumps turned south, wanted to make sure that there was going to be landscaping and whatnot. I assume that is bermed and, then, the trees are up on top of that. So, that should be good screening to the south. So, I think it will be a good addition to that neighborhood in there. .~; ,~ ,,~z ~ Newton-Huckabay: Mr. Chair, I'll go ahead and -- 3 .,~~~ Moe: I need someone to close the Public Hearing, too. Y,. .: Newton-Huckabay: I need to make a comment first. ~~ a _ Moe: Oh. Please do. ~4r Newton-Huckabay: One thing I feel like we are so desperately lacking in north Meridian r ~ ~`~ is gas stations and convenience stores. But on that note, it would be very hard to -- personally don't have a big problem to live close to a convenience store. That's not -- ~r :;, ~s fs~+., , '`~L2, -r ~,:'j • ~~,~ Meridian Planning & Zoning May 1, 2008 ~'', Page 16 of 40 ``'`~ have much of -- off and on in my life. I don't have a problem with it. But I got to make the choice of living next to a convenience store and we have 58 neighbors who didn't ~ get to make that choice whether they knew or not that that was C-G when they moved in and that's difficult for me to 'ust -- to 'ust sa I think it's a reat move. I think it's well J J ~,~. Y 9 `~"' '" positioned on the property and I'm not convinced that it needs to be opened 24 hours a :f` day, seven days a week. So, I am -- I guess I would like to see us make at least some ' concession for the operating hours. I think the landscaping is -- as convenience stores '~ .,;~ goes, that's pretty dense and, again, the positioning on the property and I as said before, I'm really concerned that there aren't more neighbors here and that can go '~ ,,. ~~, either way. Lots of neighborhoods .here generally means lots of people are against it. Lots of neighbors not hear generally means lots of people are in favor of it and it's very ~`~~~ difficult as a Planning and Zoning Commissioner to know where the other folks -- those `' folks in Candlelight there to the south and, then, the -- can't remember the name of the 1, .` one there to the west, you know, their silence may indicate their full out endorsement of Fy • the property. So, that's where I struggle with that, so -- ,~..: Moe: So, in concession, you speak of changing hours, what would you be proposing for ~~~-~~ that? More along the lines of what we have done in the past or what would you be looking at? Rohm: Before you respond, Commissioner Newton-Huckabay, may I throw something ~ in here? +~ ~ Newton-Huckabay: Of course. .,~; ; Rohm: You're -- in the past you have been very diligent about being concerned about the competition and what is good for a4 development is good for B and we have been very consistent in that in other things, like the Walgreens and the -- various stores like ~~~ that and -- and I think that it's only fair to do the exact same thing in this condition and ~ti the Fast Eddy's that's halfway between Linder and Meridian Road is open 24/7. So, 5,: just want to throw that out. Newton-Huckabay: It is open -- it is open 24/7? --~ _ Rohm: It is open 24/7. Or let's put it this way: The latest that I have ever been it's always open. If it closes -- and, Sonya, would you have a comment to that? Do you ":~ know what time they close? ':}~~ Wafters: I do not know. Rohm: I have been by what I thought was pretty late, but I --Igo to bed pretty early, too. So, maybe -- maybe it isn't open 24/7. But I always thought that it had been. Newton-Huckabay: Commissioner Rohm, I don't believe that that is open 24/7. Rohm: You don't? ~' r , s :: 3 ~, c F f, ''~i~t,.hyi'~i zj~x~r E scar T ?. ; ;.y a ~ rY ~ ~ f. ~ ~--ic~p~~.'.~ "~ E.t~ ~ ,r ;~ :.-~~ Y ~ i~ 7 }. ,~ ., ~ h ~ .,{ r. -n ~,M1~pF~ ~ ~ Y ` ~'~} ~`,Y SISr.W y, ~ F+'J tl ~~j ~~~~7~~ ~1a ~` ~ 1•• ,_Y 3 ~i.,~ ~ i i~^~;~ i;,. ;o t-~i°~ - tee. ';+%~ -~ ~r w ~- t }st~r+~s ~ ~ +~ ~, ~ 4 1 t ~' t ~;. '1, t+" ~. F.~ T "it - S~ W h t sx4M ~~ ~ t s.~._ s _ F ~r~! ~~ 4 ~_ "a ~:5 _ P ~~, i~'«:' Meridian Planning & Zoning May 1, 2008 Page 17 of 40 Newton-Huckabay: No. Because I know that when -- when a member of my family goes to work at the 2:00 or 3:00 o'clock in the morning hour, the only -- the closest convenience store that he can find is out by the freeway. Rohm: Really? Newton-Huckabay: So, as far as the hour's proposal, I'd like maybe similar -- same hours, same concession that we have made for the other gas stations in the area or the Albertson's. Moe: Well, I do believe we are at 7:00 to 11:00 are we not? Newton-Huckabay: Oh, goodness 7:00 o'clock is not early enough. I guess I would want it to close by 1:00 o'clock in the morning, would be -- but Iwould -- I don't want to be inconsistent. I don't -- like Commissioner Rohm said, I am always concerned about giving -- be fair with giving an unfair advantage to some other business with hours. That's where you get into trouble by giving set hours. Moe: Well, based on what -- Newton-Huckabay: Or suggesting set hours. Moe: Based on what Commissioner Rohm stated, would the -- if we get this far to a motion, that the time limits would be the same as the Fast Eddy's down the street, although I'm not sure what that is right now. O'Brien: I think that 6:00 a.m. would be the normal. I can't see it later. Rohm: I think just to state that it be granted equal to the convenience store -- the Fast Eddy's. Can we do that? Moe: I don't see why not. Rohm: Okay. Moe: And, then, between, you know, and City Council -- Newton-Huckabay: This is a CUP. Rohm: We are going to -- we are going to do it. Moe: Oh, I'm song. This is a CUP. That's right. Well, then, that's what we are going to do. Rohm: All right. Mr. Chairman? }~_ ~~'~. f=#s~; Meridian Planning 8 Zoning ~ O May 1, 2008 Page 18 of 40 McDougal: Could I make a comment? Newton-Huckabay: From the audience -- Rohm: Well, we haven't closed yet, so -- Moe: Yeah. Come forward. McDougal: Like said earlier, one of the things that we look at when we are doing these and we are here as a convenience and we are not going to stay open unless there is people there shopping us. We don't -- you know, we don't want to pay the employees unless there is a reason for us to be open. And we typically like to leave it up to the public. You know, if people want us to be open, we stay open. If they don't want us, then, we close. I recognize the concern there, but we also want to be -- there is all the other people there that might want to shop and if they want to shop we want to be open to service them. We don't want people having to drive to the freeway to get their candy bar or whatever it might be. That's the only concern I have. Like I said, we have -- we run aconvenience -- a chain of 185 and we do this with all of them, we open them up 24 hours to see and if -- we test them and there is five that have not had a need sufficient to keep it open 24 hours. It's generally -- like I said, the people are coming within a half mile. The noise -- the noise is going to be there, because the traffic's there. It doesn't change the traffic patterns. People are driving by regardless of whether we are open or not. It's just whether they might be stopping in our station and -- when they are going, you know, ten, 15 miles an hour, slowing down, driving into the station around. They are not creating a lot of noise. It's low levels of -- low levels of noise. So, we would like -- we would like to keep it open 24 hours and just see how it works and if it -- if it warrants to be closed, we'd go ahead and do that. But, like I said, we want to let the public decide what they want and what they need. Thank you. Moe: Thank you. Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we close the Public Hearing on CUP 08-009. O'Brien: Second. Moe: It's been moved and seconded to close the Public Hearing on CUP 08-009. All those in favor say aye. Opposed? That motion carves. MOTION CARRIED: ALL AYES. Rohm: Mr. Chairman? ~zs,. , Meridian Planning 8~ Zoning ~ O May 1, 2008 Page 19 of 40 Moe: Yes, Mr. Rohm. Rohm: At this time I'd like to make a motion, after considering all staff, applicant, and public testimony, I move to approve file number CUP 08-009, as presented in the staff report for the hearing date of May 1st, 2008, with the following modifications: That the hours of operation be limited to those same hours as currently -- to competition in the area. I further move to direct staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission meeting of May 15th, 2008. End of motion. Marshall: Second. Moe: It has been moved and seconded to approve on to City Council -- excuse me. To approve CUP 08-009, with the aforementioned changes. All those in favor say aye. Opposed? O'Brien: Aye. .Moe: Okay. That motion carries with one dissent. Thank you very much. MOTION CARRIED: FOUR AYES. ONE NAY. Newton-Huckabay: Oh. Mr. Chair? We didn't get the vinyl fence change in there. Moe: It was noted -- Marshall: It was proposed by staff. Newton-Huckabay: Oh. Okay. Baird: Mr. Chair, it's been agreed to on the record, so you're in there and it will be in the findings. Newton-Huckabay: Thanks, Mr. Baird. Baird: Mr. Chair? Mr. Chair? We need to discourage comments that aren't pertinent to anything that -- you don't have an open hearing right now, so I just wanted to caution you and the Commission. Item 6: Public Hearing: CUP 08-007 Request for Conditional Use Permit for a drive-thru pharmacy in the C-G zoning district for Fred Meyer Pharmacy by Fred Meyer Stores, Inc. -NEC of N. Locust Grove Road and E. Fairview Avenue: ~~~;: r~, ~_~; ~ 1,<, ~ • Meridian Planning & Zoning ~'; May 1, 2008 Page 20 of 40 :.r.' Moe: Okay. At this time I'd like to open the Public Hearing for CUP 08-007 for Fred Meyer pharmacy and ask the staff to give their report. ~ Wafters: Thank you, Mr. Chairman, Members of the Commission. The application before you is a request for a Conditional Use Permit for adrive-thru pharmacy for Fred ~~ ~ = = ' Meyer. The site is located at 1850 East Fairview Avenue on the northeast comer of ~.;,. , '' Fairview and Locust Grove. On the south side of the east end of the existing Fred Meyer building. To the north of the site is an existing storage unit facility, zoned C-G. -,; To the east are restaurants, commercial uses, zoned C-G. To the south across Fairview are commercial uses, zoned C-G. And to the west, across Locust Grove, are ~~€ commercial uses, zoned C-G. And residential uses zoned R-6 in Ada County. The "~ applicant submitted a site plan showing the proposed location of the drive-thru in relation to the layout of the rest of the site. The Unified Development Code requires ~y-*::: , , conditional use approval if a drive-thru is proposed within 300 feet of another drive-thru ~ ,: : establishment, an existing residence or residential district. There are no existing ~:= ,; residences or a residential district that lie within 300 feet of the proposed drive-thru, but ~° ~ ' there are two drive-thrus, one for McDonald's and one for Subway that are within 300 _ feet of the proposed drive-thru. Staff has reviewed the site plan and does not believe '~'. that traffic movement and stacking for the existing and proposed drive-thrus will ~'' interfere with each other. Access to the Fred Meyer site is provided from east Fairview := , ; Avenue and North Locust Grove. No new access points are proposed with this ~~{', application. This is a detail of the proposed drive-thru. The applicant proposes to remove 14 of the existing 814 parking spaces for Fred Meyer and construct adrive-thru / lane with a pneumatic tube for the pharmacy. Staff has no objection to the removal of x . ' parking spaces, as the remaining number far exceed that required by the UDC. However, staff is concemed about the amount of stacking available for the proposed ~ti..~ pharmacy drive-thru. Currently where the tube is proposed to be located, approximately ~'` I right in there, there is only one room for -- excuse me. There is only room for one '~'~'I additional car behind the car at the tube. To insure that the adjacent drive aisle is not P'' . blocked during busy time, staff recommends that the tube be relocated further to the west to allow room for a total of three cars to stack, including the one at the tube. Or ;:.; approximately 60 feet, without hanging out into the drive aisle and blocking traffic. The canopy should also be extended accordingly to cover at least the car at the tube. ,, Additionally, staff is concemed about the ability of drivers exiting the drive-thru and ~.~~ merging into the through lane, to be flexible enough to look behind them to the east to z,bµ~; check for oncoming traffic. As they designed it, the cars would enter the drive-thru here ~- ' and come out right here. This is the drive aisle. Because of the angle of the exit lane in gi'n` ~ ., relation to the adjacent drive aisle, it will be difficult for most motorists to safely check for oncoming cars. Staff recommends that the exit of the drive-thru be redesigned to be ~1-=: close to a 90 degree intersection with the adjacent drive aisle. The hours of operation for the drive-thru will that of the pharmacy, which is Monday through Friday, 9:00 a.m. to ~~~~ 9:00 p.m. Saturday 9:00 a.m. to 7:00 p.m. And Sunday 10:00 a.m: to 6:00 p.m. Additional landscaping for the site was not required with this application. The applicant submitted elevations of the proposed canopy to be constructed over the drive-thru. And ~:-~" it's shown here at the bottom. And the columns to support the canopy are proposed to ;:;~: be round concrete columns that will be painted per the elevations. The facade of the fi ~, f ~ r. s , ,, a ~~~~ ~ ~ ,~ ~ ~ '~`~ _ ; x ~ {. ~~`` r~^ E 4. ~: 2- ~a 5'ti S~ .t.. 2. . v 7.. ~'j P ~ _ +'. ~mj"~ -1! Ffc ~ tAirC $L:A - i i ~~,"45~jfT1c ~ lc ~~,~~ 2 ~. :,,:, ~. , f r :F~~.~ ~~~~ ~ R; ~'"' - ~ ~ ~ n ",~ L 4' ~ ~u~ fit`, 2 P(r'± , h „' ;~•, - E '~'~` ~ q. Kz' ~~y~.4 55 ~ ,~~,3 r ~1 n4V ~e ; ,y O Meridian Planning & Zoning .,~ ~ ~~ May 1, 2008 ,;,..~; . , Page 21 of 40 , `~ ~2 pharmacy drive-thrta will be EFTS, exterior insulated finish system, which will connect to ~. ~~~ the existing concrete tilt up panels and painted to match the adjacent exterior paint theme. Staff has no objections of the elevations proposed by the applicant, as they compliment the existing building and comply with the maximum building height and size requirements of the C-G district. A letter of testimony was received on this application _ ~ ,: from Keith Botkin. Staff is recommending approval of the requested Conditional Use Permit as stated in the staff report, subject to the conditions listed in Exhibit B. Staff will "~ stand for any questions the Commission may have at this time. ~~- ~~ - Moe: Any questions, Commissioners? " , O'Brien: I have none. Moe: Okay. .~- Marshall: Not at this time. ~~ ~`~ ~ ~~ Moe: Would the applicant like to come forward, please. Fagliano: Hi. My name is Rob Fagliano. I'm with the architecture firm that is ;~ representing Fred Meyer. Don Forest is also here from Fred Meyer to present this. ~!~ :_>, Moe: Could I get an address also, please. ~{ r` Fagliano: Our business -- Mulvanny G2 Architecture's business address is 601 Southwest 2nd Avenue, Portland, Oregon. 97204. Moe: Thank you. `~ Fagliano: I believe. Sonya did a great job presenting what we are proposing in this -- in '" ~ this CUP. Primarily this is a -- a convenience -- convenience item that Fred Meyer _ would like to provide for the community. It also helps with competing against other -- ,b, ~ ''' ~~ other pharmacies that provide adrive-thru option for their customers. For the most part, the concerns that Sonya had mentioned in the -- in the conditions for stacking lanes, the owner -- we have -- we have no problem with lengthening the stall length there. We have approximately 55 feet, so adding another -- shifting that over five feet isn't going to be a deal breaker to add the length. I do have a quick question about that length, if it }` has to be the straight length of 60 feet or if part of the car coming in can be angled a ~'4'' little bit, if the entire 60 feet needs to be all in the. -- in the straight length, because when you're coming in part of it would be -- ~~ ~`~ Wafters: Just as long as it isn't hanging out into the drive aisle. Y .,, `~ McDougal: Sure. Okay. The other item is the angle of somebody coming out. A lot of time in designing these we will have the same entrance angle -- same arch on the '':;'; -r entrance as we do on the exit and in -- and in addressing a comment that Sonya had :~~ S ~4~r*~~ .. ~7. %.2`: t;~~'~: y~ _, '6.~'''. µz' .. '; ? ~'*' Meridian Planning & Zoning May 1, 2008 ^~ Page 22 of 40 _ before, we -- we had modified the exit to be a sharper or a smaller radius to actually have the cars make a sharper tum and angle toward the traffic to be able to see coming out. There is proposed some signage for them to have to yield to oncoming traffic. So, ~~ what we have proposed -- we have tried to address that -- that issue with the planning -~_ department and our intent on that was to be able to maintain the existing pedestrian ~y~ connection from entry to entry, where there is an existing sidewalk that we are trying to '" just maintain. So, from our point of view that is -- that is actually addressing the exit of ~~ customers leaving the pharmacy pneumatic tube and I guess I would like to propose that what we have -- what we have done has actually addressed that issue and that's what we have right now. So, other than that -- I mean the things that we -- that we have presented here are amenable to the planning -- planning department and to the owner. I think Don Forest wanted to address some of the other items regarding the staff report about the sheriffs comments. ~~X'~', Forest: Good evening. Don Forest on behalf of Fred Meyer. Real estate manager. Address is 3800 Southeast 22nd Avenue, Portland, Oregon. 97202. The -- as Rob stated, I think we are generally, you know, in conform -- or agreement with the conditions that were imposed on the staff report, with the exception of -- I believe it's under section four, paragraph 4.1 and 4.2. Specifically 4.2. What's been requested ~~~x~, there through the police department is that schedule two and schedule three drugs not r'I be allowed to be dis ensed throu h the neumatic tube or throu h the drive-u p 9 p 9 p _ pharmacy there. The logic being that somehow if you cause those individuals to go r;: ~s-:,~ face to face with the pharmacist that show how they could deter fraud for those type of ~„ ~ drugs -- pharmaceutical controlled substances. When we heard that, it kind of gave us some concem. We immediately looked to see if that stand was something that's being °~`'`'~ applied anywhere else. We have not been able to locate any pharmacy where that >; standard -- that these type of pharmaceuticals cannot be dispensed through adrive- ., f~:j':' .4ti, ;., thru. That would be in Meridian, Boise, or anywhere in the state. Looking at the State {:°:,~~" Code, which is under the Idaho State Board of Pharmacy rules, recently updated April ~`~` ~ ~ of '08, specifically Section 464, paragraph two, et al., indicates that these type of drugs =k'` ~ or any type of pharmaceutical must be dispensed with positive identification. I think the positive identification is coming in the form of -- what you would typically understand to ~':, be a photo -- a current photo ID or being personally known to the pharmacist or technician dispensing the drugs. I think it's reasonable for us to conclude that that ~_.~';'i positive ID can be made via the drive-up system with a high quality monitor system, ~~::. ,y,r which we intend to install. A state of the art system. LCD. Adequate lighting at all , , times, et cetera. So, given that there is no standard, that we are designing it to conform , ; ~~- to the Idaho State Board of Pharmacy rules, while we do have -- you know, I understand :w7.' ` the concem about pharmaceuticals being dispensed and the need to deter fraud and so ~~ ~~ ~ forth, I don't believe requiring that those need to come in the store will achieve that goal. Condition 4.1 has requested that we install a high quality digital video recording system and high quality monitors of the drive-up system. I believe we can agree to that. We ~~s: will have high quality monitors, et cetera. We weren't planning to have a digital '~~= ~, recording system, but we will do that also. Our intention would be to keep a record for ' 60 days and I think that's -- you know, far exceeds any standard that's out there that I'm ~F:' aware of. So, with that I would just request that the conditional use be granted, with the rv,C. ~11~ 1 k )T ~~ L ~, i J 1 1 1 x. `. ~ i h j. ~ i ~ r>, _ 'w F` y~ .~' ~ i ,iL . - :t 5 ~'• ti'S 4. ~._'. f. ~r _ , l; 1 h ~- , h R _ 1 +~4 . t_ ~~ ., 4 . ~~.f~ ~,,,, ;~; t. :. .:~r, ~~; .~N :. ~< _ .~,; :KE: ~}~ _ x . -~~~_ ~,, -' ~_ ~.~~: ~f rv ~ , l,F .~, ,.,_ " -,~l y ~:;:;> ~, ~ ~: ~: . ~~- ~~;:, ~~, ., ~,, Meridian Planning 8~ Zoning ® o May 1, 2008 Page 23 of 40 exclusion of that Section 4.2 requiring that the pharmaceuticals schedules two and three type controls substance not be allowed to be dispensed through the drive-up. Thank you. Moe: Any questions? One thing I am kind of curious about as far as what's our distance between the building and where the tube -- where the medications is going to come out of these tubes out here. You lose that face to face and I'm sure that's what the police department is most concerned about is -- is that distance apart -- I realize you're saying you're going to have IDs and everything else, but, you know, a lot of problem IDs and I'm assuming that that's what the police department is most concerned about. Newton-Huckabay: Mr. Chair? Moe: Yes. Newton-Huckabay: Do we have the same requirement on a Walgreen's or any other pharmacy drive-thru? Moe: No. But on those they are right at the building, though, are they not? Forest: If I may respond? This pharmacy is attached to the building. It is not a separate remote pharmacy, such as Walgreen's or the others. You know, they are attached to the building. Rohm: So, the video site both from the inside and the out, they can see the occupants of the cars from --from the dispensing side -- Forest: Yes. Rohm: -- as well as the other way. Forest: Yes. Rohm: Okay. Wafters: Excuse me. If I could interject into that. I don't believe there is a window proposed here. I believe that's what you're getting at. Most of the Walgreen's, I believe have windows you pull up there, they have a person right there -- Moe: That's what I -- Wafters: -- looking at you. This site is not proposing a window; it's simply a tube coming out of the pharmacy. ~' ,, Meridian Planning 8 Zoning ~~~ May 1, 2008 Page 24 of 40 Forest: I believe at the Walgreen's they have both -- a lot of Walgreen's will have both, the tube, pneumatic tube, and a window. I think their hope is that people dropping off ~-~~ pharmaceutical prescriptions will drop those off using the drive-up tube and people picking up will use these, will use the window. Most of the time, our optimum situation ~:_~ r - for us is to have the face-to-face interaction, just because it's like that for -- for customer s:~t relations. In this location it's not feasible --feasible for us, because of the location of the '~ pharmacy internally and the direction the vehicles need to flow through the parking lot. °` If you take a vehicle and you flow it where the driver's side window would be against the building side, you know that vehicle would have to cross the lane to get across there and that creates somewhat of apedestrian-vehicle conflict. And that's part of the -°~ reason -- the other reason the internal location of the pharmacy here did not lend itself to acut-through drive-up pharmacy, so -- =~k Marshall: Chairman Moe? Forest: Again, in looking at the code, there was no requirement or standard there that's • in place that we could locate that would rationalize this or any empirical data out there 4`~ that doing so would deter any type of fraud, so -- s-~, ~~,, ~~ ~. ~,,~ij'f ,,,rtr . RjS :~ ~; ~;;;, ~,. C.: i Moe: Mr. Marshall. Marshall: I also had a question. I -- I'm curious as to whether or not adrive-up on this site is even feasible, over here why this was selected, as opposed to over here where the traffic could be routed around, rather than funneled back into where the pedestrians are. Forest: I don't know the particulars on that. I can tell you, you know, on the big picture the pharmacy is not -- the drive-thru pharmacy does not increase business for us with our pharmacy. It comes as a result of a two fold -- one, competitors offering this. Second, that it is a customer convenience. Focus groups, most everything, have told us that they'd like to see it as a convenience, but that does not increase the pharmacy business. So, when we put them in stores, it's strictly -- you know, it's acustomer -- it's not a return on investment item for us, it's an item that costs so much, but it's a good customer -- customer service. So, I think in placing those we want them to be as prominent visually to the customer as possible, since it's more or less a --acustomer convenience. If you put it on the side of the building, I think you can of take away from that, is my guess. We don't have any drive-ups, you know, on the side of a building at this time. Marshall: My concern being safety in that stacking -- if it stacks out into the drive lane, even with three cars you're blocking the fire lane. You're blocking EMS and police. As traffic is entering out you're funneling it right back to where everybody's entering the store. Forest: The traffic that's made to go the pharmacy is four to six vehicles per hour. That's our busiest drive-up pharmacies and we don't know if this one will match -- get 'L ..rc N~ ~ r ( k 1 ~4 y~F,~ t~5 F * iy~ ~[~. ~ ~, V` S ; ' ~ ~ + "i ~ ~ . { 1~c _. ~,. ' t C ~ ~ ~ ~ ' ~ ~ ~j ~_ ~ } x .p b° ~ C~ ~~ y .'i ~ ~ r d ' ; y}~ ~i ~ , t~°' t rf i. .,~[ ~+, dx _ i / ~ tY ~r? ,l • 5~. . ~. ' r ~V a~ ~~a k f{ ~ ~ a t~'~! i y ~ ",. ~y ~. , Ali r t'43- 'F~. 1J y r~i .. Yj ` ~ t j' If } ~F.. ~ 9F' ' a ~_4 . ~~ ~ r a. n i f ~ ~ ~, ~rt ~~ ~X ' x ~33~ ;'~-~ y~ ' ~ f 1a ~ ` lr., +~., C ~. ~ Kr e , ~ ''~~'~A ~ir~ > ~t ~ i . x ~ f;~ ~j ' 'rxl~,S~i~.` n ~ r h if*~~ sr_~'. ~~ ~~~ ~i•~l , ~ tial _ 3 ~~s~~~ ~y ~ S ~~ .Y .~ x z2 ~ ~µ ~~~~~ ~~i.F ~ ~ D - ~ < . ^~ r , E„ 7C `E44 ~ H~ c y c rr:L' tt F f~1i 1 t x gy ~~~~ ~, e~C. _ 'C LN k ~1~ C _ ~ 4 T ~ ~ 1 V .Ki' E ~ 5 ;'. °s.~a Meridian Planning & Zoning '~?~~~ May 1, 2008 ~~ w. Page 25 of 40 °~' that high. But if you space that out, four to six vehicles per hour, the chance of having stacking is very -- very low. We know, we are cognizant of the concern and that's why we are willing to agree to the, you know, 90 degree angle exiting, stacking for the three "`~~~~' vehicles at a time and so forth, which given the projection of, you know, four to six at the most per hour, I think that's reasonable to assume that that shouldn't be a safety issue. ~`j' Moe: Mr. O'Brien. ~` ~.' O'Brien: Mr. Chairman, I concur. I was going to bring that up myself about the location = of that and I have shopped that area quite a few times and it's busy enough coming in from the main exit -- or entrance on the side -- could you get the overhead -- the l't~~ll previous, please. Coming in through here is a -- is a major thoroughfare, conduit, to go into the store. There is disabled parking here. I don't know if you're disrupting -- move '~"ii any of the disabled parking from that area or not. I'm not sure. I think there was at least two there, if not three. But I only see two now. But, again, my thoughts were, gee, it <.~"a just seems like it makes more sense, because there is not very much traffic -- I have ~';~ '' never seen this parking lot here utilized very much at all. Very few cars. Maybe employee -- I'm not sure. But you still would be able to have the signage available to be able to utilize this area and just eliminate that issue, the problem or concern. But visually to me it just makes -- it doesn't make a lot of sense at that location; it just takes ~;s~ away a lot. Forest: I can't speak as to exactly why the location was chosen on this store, other than -;. `y` to picture that kind of thing already. This is the first that anybody -- staff or anybody ,h,.: a,~ .; else has brought up that different location on the site for this on the building would be -- would be better. If that were the decision of the Commissioners here, I would take that '~ , back to our group and determine if that's -- if that's feasible. My gut reaction that it -i; -` would not be, because there, again, it's not a return on investment item, it doesn't pay ~" ~~ for itself, and the more you take it away from the visuality of what it offers, the less it Ala . 3~!' becomes viable for us to do it. So, that's speculation at this time. ,~ ~'~"- : O'Brien: Thank you. Moe: Any other questions? Forest: Bob may have some more about the location. Fagliano: I just -- I wanted to interject a little bit. A lot of times in these, typically we have had a stacking lane enough for two cars and that hasn't interfered with -- with traffic in and around the store in the interior parking area. The four to six cars per hour, there is more cars traveling in around like some of the other drive-thrus in the area there. So, this drive-thru is not an atypical type of drive-thru. I mean some people are calling in, I have a bunch of kids, you know, some people will call it in and they are going, hey, I want to -- we are all sick, we all want to get in the car, but we don't want to go in today. So, you're calling up and, then, you say is it going to be ready by, you know, 7:00 o'clock. Great. So, you go in and take care of it and, then, go back home ~„ ', t (f ASS !.f ~~ ~, ii ~'`' '~ ~ ~' ,~ Y Iv} 1~ ~'jr y~~J~r~ ~ k 1 [~+~ ~.+ iliN i Y. ~Ya SJ''Y .'"~ ,c ,a~1Sj r ~ f cdn~'~lvfwl fiv*~ - ~~ ~ fir.,. k }~~. 3k 1" ~~ ~' r - ~ 1 ~ ~ M1 ~~~.tG 'y)~ ~ ~ 1 1 ,i 2 •~ Y' ,, W a~~ '}.t.} ~ t } ~ }- f 1 f J ~~.'• f 1 ( ~v p« }7 t .:: ,. k,Y ~ ?~ h ~ J:, ty~ - ~ ~ 'n~ w _ v,'&^ .;~'a ~z ; ~ M ~. . ,~ iY ~,,~ tiw a ,, ~~; d ti; ....t^ ~ Tya; l .r", 1.', I i~, l ~',+rAti ~}, y .%~ a A°Yi'r ~` .,inn ~r ~~~ i('a' Meridian Planning & Zoning May 1, 2008 Page 26 of 40 ~~~=i and put everybody to bed. As far as where it's located, like Don was saying, a lot of ~:';'~ times just for visuality of just the front of the store and the signage, to be able to just mark out, hey, this is here for convenience. So, again, it's just to provide the optimum ~~~~~' convenience for it. And the other back road around there, the lesser traveled road than, ,_ ; obviously, Fairview and the other ones. And Locust, so -- ~~ O'Brien: Say that again. >~ ~ Fagliano: That -- the loop around that's going around behind the store, is lesser F_., . ~~~` traveled than Fairview Avenue and North Locust Grove. So, that's why we were trying to aim it closer toward North Fairview -- East Fairview. Sorry. -> ~,r~. 4; O'Brien: Thank you. Forest: Maybe just offer one more commenfi about the safety issues here. This would ~.Y I' be, you know, upwards of 40 drive-thrus that Fred Meyer has in stores throughout ~,~y~~' Idaho, Oregon, Washington and Alaska. Typically, that drive-thru we put it -- It's nght In the center between the two entrances. On the surface people are going to think like r~ ` that offers the most potential conflict for vehicle-pedestrian traffic and so forth. I can tell _ _ you that to date in our multiple -- you know, I think we have had drive-thrus now for -_ about ten years, going back -- we have no incidents of apedestrian-vehicular incident of injury or claims or anything else. So, while it's a -- on the surface it may give somebody concern, I think the empirical data, you know, kind of proves that it's safe there also. ~,,.. ;~:I _, ~~~r `. _, Moe: Thank you. Marshall: You say you have how many others? Forest: I think we have almost 40, but there are some other ones that we are planning that would bring us up over 40. Marshall: But this is the only one -- this kind, the others -- all the others -- Forest: No, we have -- Marshall: -- have adrive-up window and -- Forest: No. We have I think two others now that have pneumatic tubes and the others are windows. And we are planning some other pneumatic tubes. The tube, like I said, it's not optimum for us, you know, it's an additional cost, you're not going to be face to face, it's usually a result of logistics of where the pharmacy is internally to the traffic patterns outside the building and so forth. O'Brien: Mr. Chairman, real quick, sir, while you're there. Four to six vehicles an hour, I don't know how they could justify putting another island out there with a tube in there ::~ ~` .:. K .x ~,... _ _ ._~ Y.K ,,:. ,. ' J{ ; S 5 ~ F ~ `s7~ a _ '-.~' , a r ';. r N, F~ ~'~ " y,; w fig. - 1 t S Qry i 4 - ~ ~~ ~ µ _ t' ~. , ~ ~', 4 - s ~~' . t t ?, :;~ ar Y ~~ :.,, :' r.~;' ~r~- ~u1;,.. , Meridian Planning 8~ Zoning ~ O May 1, 2008 Page 27 of 40 and not just a drive up to the window. That doesn't compute to me. Four to six cars an hour isn't very much, so why do you need to have an island with another access point? Forest: Maybe -- like I said, there is not a second island. O'Brien: There is not -- there is not a -- is this two lane or only one entrance? Forest: That's one. It's one lane, yes. O'Brien: Oh. Okay. I thought maybe there was a reason for this overhang here, that cars would stop there as well. Forest: No. It's a single lane vehicle. It can only accommodate one vehicle at a time. O'Brien: Okay. My misunderstanding. Moe: Okay. Thank you. Forest: Thank you. Moe: Commissioner Newton-Huckabay, any comments? Newton-Huckabay: Mr. Chair, I have no real significant issue with the -- with the drive- thru. I think the location is fine. I do -- would want to make sure that the exit is a little bit more toward a 90 degree angle, as Sonya stated, so it will be a little easier to get out of there. The 4.2, I just don't know that I would agree with getting into that type of monitoring. Where did they pull that requirement from? I mean it just doesn't really -- I don't know if it would hold up in -- in court, I don't know if it's a precedent, maybe the attorney could state -- say. I -- it seems like an odd -- very odd condition to me. Moe: Well, I think that the biggest concern the police department has is -- is that you don't have adrive-up window, so, you know, you're looking through monitors -- Newton-Huckabay: But you have the same problem with a bank, for crying out loud. I mean -- Baird: Mr. Chair, Members of the Commission, and Commissioner Newton-Huckabay, I could add to that. Because this is a conditional use, there is no wont' about whether it would hold up in court. This would be the condition under which you grant them permission to have the drive-thru. On the other hand, the Board of Pharmacy has their requirements; every pharmacist in the state is worried about keeping their license and playing by the rules, that's the other thing you might want to consider. You do have a high quality video system. It's just a recommendation from the police and your job is to weigh the factors and decide what conditions you want to impose in granting this -- granting or denying the conditional use. Meridian Planning 8 Zoning May 1, 2008 Page 28 of 40 Newton-Huckabay: I would be in support of granting the applicant's request to remove that requirement, because, as Mr. Baird said, I don't think that there is a pharmacist in the state who wants to lose his license with something like that. So, I think that they have an interest to police that amongst themselves. Moe: Okay. <~~< '} Baird: And, Mr. Chair and Members of the Commission, I might add that if there is an "Y` issue arises about the identification, you can bet that the pharmacist is going to say, I'm sorry, you will have to come in or, you know, some other thing. I think where you're V` leading is that this can police itself. =g Moe: Okay. Marshall: Chairman Moe, in support there, I know there are a number of very common ,j ~!~' drugs that fall under those categories that seem fairly benign, but yet fall into those ~~°i categories that people take on a monthly basis. So, it would be beneficial for them to be -~ ; able to just call it in and pick it up. As long as the pharmacist is worried about keeping a z ~r:'' license, I don't see a problem. .~~ ~T: Moe: Okay. Thank you very much. I just want to kind of weigh in on this thing. I guess M.,~~~:.I desi n-wise I robab ~~ g p ly would have liked to have seen this thing on the east side of the ~, building, but it's not. I .understand why it is on the front. I really do not have any traffic ~r~`~';`' concerns whatsoever. I think with Sonya having the requirement of moving that down, ~'~ you're going to stack three cars in there, I think you're going to be fine. And if you're only doing, you know, the four or so per hour, I don't think that's going to be a problem gz~~" either. You know, I have no problem with this project at all. I guess 4.2, I have the concern, but as far as I'm concerned, they have already made comment that they will approve on 4.1 and so, therefore, I would be in favor of this project and deletin 4.2 as J 9 well. Mr. O'Brien. .~;~ O'Brien: Yeah. Mr. Chairman. I have a question for -- I forget the first person's name. ~~ We haven't closed the Public Hearing; right? Moe: No, we have not. O'Brien: I have a question for you, sir. Fagliano: Yes. O'Brien: Since this area here was designated disabled parking, are you losing any? Fagliano: ADA stalls? O'Brien: Are you losing any disabled stalls? ' ,3 Meridian Planning & Zoning May 1, 2008 Page 29 of 40 =" Fagliano: No. No, we are not. We are maintaining the required -- required counts and ~? we are -- I think, correct me if I'm wrong, Sonya, I think there are approximately 357 or ~. 358 stalls required for the store and we are well above that. ,`~ O'Brien: Okay. Thank you. That's all I have. Thanks. t'~ Moe: Any other questions? All right. Mr. Rohm, you look like you're ready. Rohm: I don't have any comments. I think everything has been well stated and ti;;: ,z~ support Commissioner Newton-Huckabay's position on the 4.2 completely. So, I think °- ~ that should be stricken and that's the end of my comments. ~ '~~ ~~ Moe: Great. Well, then -- . .1 Newton-Huckabay: Mr. Chair? M~~~~'~ Moe: Yes, ma'am. s= i Newton-Huckabay: I recommend we close the Public Hearing on CUP 08-007. ,~,~. Marshall: Second. Moe: It has been moved and seconded to close the Public Hearing on CUP 08-007. All those in favor say aye. Opposed? That motion carries. '~;',; MOTION CARRIED: ALL AYES. ~R' Newton-Huckabay: After considering all staff, applicant, and public testimony, I move to approve file number CUP 08-007, as presented in the staff report for the hearing date of "~ May 1, 2008, with the following modifications to the conditions of approval: That condition 4.2 from the police department will be stricken from the requirements and I further direct staff to prepare an appropriate findings document to be considered at the =- next Planning and Zoning Commission hearing on May 15th, 2008. End of motion. Rohm: Second. ,c~ Moe: It has been moved and seconded to approve CUP 08-007, with the modifications as noted. All those in favor say aye. Opposed? That motion carries. Thank you very ,~ much. MOTION CARRIED: ALL AYES. YF Item 7: Public Hearing: CUP 08-006 Request for Conditional Use Permit to r'" operate a drinking establishment in an existing O-T zoning district for Corkscrews by Marla Smith - 729 Main Street: ~~ { ' ~`~'~S pTi" r i'j ' Rhh4 ~C ~~ i =,; ~, 9 ~ s :' r ,_ M _ ~ 1 /.' ?.; l ~~ h ~~ ~' 1:.. ,~C 1 Y 4 ?'' ~ ~ , r', :~ t' ` ~, y'- a f ,,: „ Meridian Planning & Zoning ~'~-, May 1, 2008 ,' ~, , :: ~ Page 30 of 40 ,_ , ~~ ~ Moe: I'd like to open the Public Hearing for CUP 08-006, for Corkscrews and ask the staff to open it up. ,•:~1 Wafters: Thank you, Mr. Chairman, Members of the Commission. The application ,_.,~,, ~~ = before you is a request for a Conditional Use Permit for the operation of a drinking ~~ establishment in the OT zoning district. The site is located at 729 Main Street on the `" southwest comer of Idaho and Main Street in the basement of the Heritage building, as ~~~ ~ ~' ~~~. you can see on the vicinity map there. The applicant is proposing to serve and sell fine wines, which requires conditional use approval as a drinking establishment in the Old °., Town district. This is an aerial -- oops, that's not an aerial. That's an aerial view of the property. To the north, east, and west of the site are commercial businesses zoned OT and to the west is a parking lot and City Hall zoned OT. This is a copy of -- or a picture ~o;~ ~, of the building. I think their entrance is right over here. It's in the basement of this ?'' building. The applicant submitted a site plan with this application that shows the existing building where this business is proposed to be located in the basement and the ~`°~: existing trees along the adjacent street. A dirt parking area is shown on the west side of the building that is not associated with this site. Because the existing building encompasses almost all of the property, off-street parking is not feasible and is not `~~~°' provided. Further, because this is an existing building in Old Town and because no exterior modifications to the building are proposed, no off-street parking is required and ~~;;_ the downtown Meridian design guidelines are not applicable to this site. The applicant ~-` states that she does not -- or does have a verbal agreement with the property owner to ' the west to use the unimproved dirt lot located at the rear -- west of the building for off- ~`* ` street parking. Further, there is also on-street parking along Main Street and Idaho "T Avenue. The applicant also states there is additional on-street parking across the street in front of Idaho Independent Bank and 33 stalls are available in the public parking lot located behind the Meridian Cycle Shop a block away off the southeast comer of Pine '~~j and Main. To alleviate some of the parking concerns, the applicant is proposing ` sta eyed business hours to address the lack of off-street 99 parking for the site. Proposed hours of operation are as follows: Monday through Thursday, 1:00 p.m. to Y>~} 10:00 p.m. Friday through Saturday, 1:00 p.m. to 11:00 p.m. And closed or used for private parties on Sunday. Staff is supportive of these hours and is recommending that the business be limited to the hours stated. Letters of testimony have been received from Howard Foley on behalf of Meridian Redevelopment Venture and Hunter Investments, Inc. Staff is recommending approval of the requested Conditional Use `w Permit as stated in the staff report, subject to conditions listed in Exhibit B. Staff will ;~ stand for any questions the Commission may have at this time ;~, . Moe: Any questions of staff? Newton-Huckabay: I have none. Rohm: No questions. O'Brien: I have one question. ~~,°'' ' ~ r. ~ ~ . yk ~ t „ ~ ~ ~ ~ ~r y 1 i"~~ i t ~1 r ` 4 ~ i 4 ~~ y ~ ~- ~T': ~: t ~ :. ~ ' 7RI~~i ,. l $ Y _. ` r :ET. ~" ~}'4, ~ t, :1.4 _ 1, ~ -~ ~~ Y h x~~~ _ 1 i ~ ~ rt ~. r~ .~ x ,H ~ t F ~ ~~',~"j i kktR3 ~ ~ ~ t fr _ d , _ .CP .jti ~ .3' y ~ 4k ~~`nsl~ '~i Yk tc T ' "' ,i ,.c s 2 ~ ~~' ~: n ~~ '3 ~' ^71 a ~~ '~M' 3 . ~ ,ate i~4y ~. f~, a , y t . _ _ ~.~ { , T ~~~~'~.~ f '~n!_I.t • * 7 K h rki ~ . lµ a~ 4./ ti. C + ~ i~~ r y .( yh o iki i v:1 ;ilii. ` Sa { . '6 K ~i I S~~'~' ~~kl ~ 1- }`' L YN' ~,~1'~~ Y .~.' f ~y `1 ~ :i ~ 1 t~`~faro ~' 4 ~'4 f y. ~. ~ fg,~ ~ Tor ~ ~" }.~`,~~ 4 tlt tYh ~+ht 1 fw - + S y qry,~ i \ .. .. nr ~.. slX ill . . - .. Meridian Planning & Zoning e O May 1, 2008 Page 31 of 40 Moe: Yes, Mr. O'Brien. O'Brien: Sonya, a question when I was reading the staff report that the church is within 300 feet and it's now vacant. So, what happens if the church comes back in and occupies that as a church and it's within 300 feet of this establishment? What happens? Wafters: Chairman Moe, Commissioners, Commissioner O'Brien, if the church comes in after the fact, then, they can do that. It -- this use is based on the current uses within 300 feet of the property at the time of application. O'Brien: Okay. Thank you. Just wanted to clarify it. Mae: Okay. Would the applicant like to come forward? Straight: Good evening. I am Marie Straight. My current address is 2214 Kenmere Drive, Meridian, Idaho. 83646. Okay. What we are trying to do here is -- as staff has said, that we are opening a wine and beer establishment and we would -- what we are asking is your permission to do this. We have -- we are making no -- we are not changing anything about the outside of the building or anything else. The basement has been used in the past for a restaurant and that worked well. What we are providing is an establishment that is like a quiet bar. We will serve wine by the glass or by the bottle or retail. And we will serve beer. So, we are seeking a bear and wine license at this time. We have a unique atmosphere as it's a quiet bar, we have a meeting room that can be a small meeting room. We have quite a few people already interested in that and we are going to use the red hat ladies and I think this will go very well. I think with what Meridian is trying to do with their development downtown that we will be a plus, because it will create people walking around. So far we have had nobody opposed. We had our neighborhood meeting and nobody turned up. Everybody that we talked to is for this establishment. And we just look forward to giving great customer service and providing a quiet place where you can meet with a friend and have a wine or a beer. Moe: As far as the staff comments and whatnot, any objections to the report or are you in favor of the staff report? Straight: I'm in favor of the staff report. Moe: Okay. Straight: Although I do have one change. Is the staggered hours -- those should be Tuesday through Thursday, 2:00 to 11:00. And, then, Friday and Saturday, 2:00 to 11:00. And we will --that would make it closed Sunday and Monday. Moe: Okay. Any questions? Newton-Huckabay: I have -- I have one comment, Mr. Chair. ~n:_ «~.. Meridian Planning & Zoning May 1, 2008 Page 32 of 40 Moe: Okay. _ Newton-Huckabay: I would just ask staff and the applicant if we really feel like it's °_~ necessary to put hours of operation into the CUP. I don't think that that's necessary. I, ., myself, I don't know what the -- what everyone else would think, but I think this is awesome. I think it's a great addition to downtown Meridian and I think it's nice -- there are not very many places like this around and I think it does fit in with what they are trying to do downtown. And Iwould -- I would just think it would be better to leave those hours of operation as the gentleman from Maverick wanted to, the public in general drinking establishment hours. `'~ Straight: Our concern on the hours is what we were trying to show is that they would be ~`: staggered hours due to the downtown parking in Meridian, you know, that's the first ~},:.~ ~- yaawuv~ ~ u ~aa a.v~ ~ ~c~ uN, .7v vYG It IUUI~. 1 R U~/ ,1 IVWII Il~. QI IU QI II IVUI Il;ln(~. -- )/UU KnUW, gving ~~~ - ~ through our hours, that we would show that we would have a staggered business hour. Most of the businesses around there are 8:00 to 5:00 and we would be 2:00 until 11:00. So, I don't feel that we would impact the parking that -- you know. ;,~_{~' Newton-Huckabay: Well, I certainly wouldn't discourage you from running those hours, `~ just am not sure that I want to see them put in the CUP and, then, say you find need to i have to chan a them, then, you have to et our CUP modified and that ,~ ' . g 9 Y type of thing. g~7,' That's my only -- that's my concern, because those are somewhat limited hours and :-, i think it would give you more flexibility as a business if we didn't feel it was totally necessary to have them in there. You certainly could be open whatever hours -- 2:00 to qsh ~ 11:00. I'll end my comments. Moe: Any questions of the applicant? O'Brien: I think it's great. =t Rohm: I do, too. `~ Moe: I guess there is no more questions for you. Straight: Great. And that's the response we wanted. Thank you. ,A~ Moe: Well, it sounded to me like everybody said it was going to be great, so I guess can I get some motions, then. :;-~ Newton-Huckabay: Mr. Chair? Moe: Or if there is any other comments? .~ ~ •- 4~+F2 ~'`~ pb r', R 1 ' M ridi Pl i & Z :,~,r << e an ann ng oning M 1 20 ay , 08 Page 33 of 40 tr, ~,,x,i, Newton-Huckabay: I'd just like to ask staff if there was a real driving force beyond the _ applicant offering up those hours, to putting those hours of operation in there. In the Conditional Use Permit. Watters: Chairman Moe, Commissioner Newton-Huckabay, Commissioners, the UDC ry~ ~ does mention that as an alternate to requirement for on-street parking, you know, f- ~` providing different hours than the businesses are normally open, so that there isn't such ~x ;_, ~ congestion down there. Newton-Huckabay: Okay. Watters: Especially downtown. F'''' ~;.u~= Newton-Huckabay: Uh-huh. t ~~r~H~ Watters: But where they aren't providing any off-street parking, there isn't any available on the site, then, they -- they are proposing that as just an alternative means to try to comply with that requirement. Newton-Huckabay: Uh-huh. ~- } '~:~ Rohm: Maybe we could -- F :r~+ . ~3 '~~ ' Watters: You do have the power to remove that condition if you would like to. ~~'` '~' Newton-Huckabay: I just -- yeah. I just don't want to put any barriers of businesses being successful in downtown Meridian. r~~ - Rohm: I think that, typically, this type of business is not going to draw customers before '~}~~ -- before noon for sure. Or many customers anyway. Maybe me. But -- Newton-Huckabay: That was on the record. Rohm: So, in -- I just concur with Commissioner Newton-Huckabay that -- to not limit ' ~ the hours would be appropriate. f4{`Y _,; Newton-Huckabay: Okay. r ~~x =;~1 Marshall: I -- I had a question for Sonya. Was that -- what parking requirements are there in Old Town for them? I didn't realize that the Old Town zone required them to _ have that parking. There is a requirement there that we are trying to alleviate with -.~;~~ staggered hours? Watters: Chairman Moe, Commissioners, Commissioner Marshall, the Old Town _ District does -- the traditional neighborhood districts do require one space per 500 gross square feet of floor area. However, the Old Town District -- the OT District, does not ~~ :: 4~a.5:~~ ~~i: X`S~ Meridian Planning & Zoning j May 1, 2008 Page 34 of 40 ~. a ~. ~ require off-street parking. If they -- as this applicant -- because they are not proposing any exterior modifications or new construction, they are not required to meet the y ;. as° downtown Meridian design guidelines, which has a parking requirement. So, for their particular type of use and what they have proposed, they are not required to have off- street parking. But, obviously, people have to park, unless they are walking, so, you know, we have to consider that. #~;`' Marshall: Thank you for that clarification. I appreciate that. My thoughts being that by rc=~~' not requiring the hours that would give them more flexibility to offer to a lunch crowd, if `'~': one were to develop, or to an even later evening crowd, if that were to develop. I don't 7`L believe that I have to second sentiments that have already been stated that you're going to have a large crowd earlier in the morning. That's all I had. Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay. Newton-Huckabay: I recommend we close the Public Hearing on CUP 08-006. .~:~ O'Brien: Second. _ Moe: It's been moved and seconded to close the Public Hearing on CUP 08-006. `-~ All in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Newton-Huckabay: Sonya, could -- would you -- Mr. Chair. Sonya, would you tell me what section that requirement is in. Wafters: Which requirement? Newton-Huckabay: The hours of operation. Wafters: Oh, staff report you mean, the conditions of approval? ;~ '~#}~ Newton-Huckabay: Uh-huh. Yes. Yes. Thank you. Wafters: Just a moment. It's 1.8. r- Newton-Huckabay: 1.8. Okay. After considering all staff, applicant, and public '' testimony, I move to approve file number CUP 08-006, as presented in the staff report ~~ for the hearing date of May 1, 2008, with the following modification to the conditions of approval. That condition of approval 1.8, Corkscrews' hours of operations are as follows: Monday through Thursday, 1:00 to 10:00. Friday to Saturday, 1:00 to 11:00. And Sunday closed or use for private parties, be stricken from the requirements. I r~; d ~, r ~k~~~ ntr~ r .•: 5 :~ y ~.: NL?i~ . ~. fi Jt?~?- ti Fy'y~ .. v ... ..... Tt -" - ,. ~,~ f .'~~ ''Y s ,_ ~.~._ - Meridian Planning & Zoning May 1, 2008 Page 35 of 40 further move to direct staff to prepare appropriate findings document to be considered at the next Planning and Zoning Commission hearing, dated May 15th, 2008. O'Brien: Second. Moe: It's been moved and seconded to approve CUP 08-006, for Corkscrews as modified. All those in favor say aye. Opposed? That motion carries. ~' ~ MOTION CARRIED: ALL AYES. Item 10: Public Hearing: ZOA 08-001 Request for a Zoning Ordinance /Unified - Development Code (UDC) Text Amendment to modify, clean up and add ~~', ~'"' specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment #4 by the City of Meridian Planning Department: `' } Moe: I would like to open the Public Hearing for ZOA 08-001 and start with the staff report. k`,t Wafters: Thank you, Mr. Chairman, Members of the Commission. The Planning Department is requesting a zoning ordinance amendment to amend the Unified Development Code. Staff has been tracking additional specific sections of the UDC that `' should be amended for the UDC to function efFciently. Some of these sections proposed for amendment include parking standards, signs, hours of operation in the L- Oand C-N zoning districts. Wireless communication facilities and provisions for UDC °r violations. Additionally, staff is recommending two new commercial zoning districts, mixed employment and high density employment, to implement new land use z designations recommended in the Ten Mile interchange specific area plan. In summary, the changes proposed in the staff report represent changes the planning staff believes will make the implementation and use of the UDC more understandable and enforceable. Since the application was submitted, the Planning Department has discovered two more changes that should be made to the UDC. First, studios should be relocated from its current location within the definition of private education institutions, to be located in the definition of arts, entertainment, and recreation facilities. Karate and yoga have also been added as examples to that arts, entertainment and recreation ~~~ facilities definition. See Section 11-1A-1. Second, to be consistent with the rest of the section regarding term of class, Section 11-6B-7AC should be amended by referencing a time extension from the date of the city engineer's signature, not the recordation date. Staff recommends approval of the subject zoning ordinance amendment application ,.; with the changes to the UDC listed in Section 8 of the staff report. Staff will stand for any questions you may have. Moe: I was waiting for that. Are there any questions of staff? '~~ O'Brien: I have a question, Mr. Chairman, of Sonya. 1 _..~:: F is ~~ s.~ rd ~t`'kf4 ''~~'~ 1 ~.u :. -. I~ 4 __ a. T ~~ t 1r1 4 t .~ Y 7 F l' C /, t .µt 4` f ~r ^~ c { ~r.~ L } 6 r`fi fir `{ - a r 4 Fr ,~: j 2 1-. ~ - 4. =s ~' `~; ;z :.:~; ~J~ ,:,;: >~<;;. ~: ',^aYF, ..I: _-:: [~ ~~ ~: ~ ~~ ,._ <' ;~: .FY`s i. max; ~.__ry A "CS ':4f -, ~ t n. ;J,vf >~ r4j~3, X15,:. ~I Meridian Planning & Zoning May 1, 2008 Page 36 of 40 Moe: Mr. O'Brien. O'Brien: It has to do with the amateur radio antenna height requirement. It looked like it was at 35 feet and it was -- I don't know what's changed, if it was changed at all. I'm trying to find out where I -- where I read that. Marshall : 4-3-43. 11.4-3-43 . O'Brien: Yes. Marshall: Yeah. O'Brien: Did you get that? Marshall: Want me to restate that? O'Brien: 11-4-3-43 is -- let me see that. Yeah. It says amateur radio antenna standards pursuant to the FCC, et cetera, et cetera, has been crossed out and I don't know what that means by crossing that out, if that's been changed, deleted, or otherwise. Wafters: Chairman Moe, Commissioners, Commissioner O'Brien, if you're referring to strike out -- O'Brien: Yes. Wafters: -- on 1-C, that's what was there previously and that's proposed to be removed. O'Brien: And the next page on 11-4-3-43, in the middle of the page there where it says antennas with a height in excess of 35 feet shall require a Conditional Use Permit. What is the standard height? Is that 35 still? Is it stated somewhere else? Wafters: Chairman Moe, Commissioners, Commissioner O'Brien, I'm not sure right off looking at this. Caleb had prepared this report and -- Baird: Mr. Chair and Members of the Commission, if I could jump in. Just from my quick review of it, on the previous page under 43-C, it looks like they are trying to match up the height with the district that the tower is in. So, they are removing the standard 35 foot and, then, making it be appropriate to the particular -- particular zone that it's located. Am I on track with that? Is that what you're saying? Wafters: I believe so. Marshall: You're right. O'Brien: Okay. It was confusing to me. My only interest is the fact that I have a ham license and I'm still in the county, so I don't know if those are consistent with out of city si}~_ ..-::;a ~, '' ~?s: '~'" ~.._~~~~ Meridian Planning 8 Zoning May 1, 2008 Page 37 of 40 ~' and city or whatever the area. And so when I saw that crossed out, Ihouldn't -- I didn't ~' quite understand it all. But thank you. `x` Baird: I could also add as an aside that if you were ever brought into the city, you would '' a be a nonconforming use and you would be allowed to continue until -- ~, S wI O Brien: Okay. ~: Baird: So, it shouldn't have any impact on currently existing towers. ;~` O'Brien: That's good news. Thank you very much. That's all I have. ft ~^ 'T. .: _ -t Moe: Okay. All right. Any other questions? ~~ ,~~_ . ~~~ ~ Marshall: Just a comment that I keep stumbling over, Mr. Chairman. j Moe: Mr. Marshall Marshall: Each time it says any use not explicitly listed and, then, they are adding: Or ~'~~~ listed as a prohibited use in table -- whichever several times -- of this section is ~' prohibited. So, we are saying that anything -- I keep stumbling over that as I read it. It's r~ '~ ~ ` any use not explicitly listed or listed as a prohibited use is prohibited. Wafters: I can explain that if you'd like. Rohm: Please do. '~ ~ Wafters: I don't know if I can state this a different way than what you just said, but, `~ basically, if it's not listed in the schedule of use it's a prohibited use. k ..ti ~l - rSS~~~i Marshall: Right. Wafters: The uses that are listed that are shown as a -- well, wait a minute. • ~': Baird: Mr. Chair? . ri ~ s Wafters: I'm going to back myself up here. , Newton-Huckabay: If it's not specifically listed as prohibited, it's still prohibited. , , Wafters: Yes. ~;'~ Baird: Mr. Chair and Members of the Commission, the flip side would be to be allowed it needs to be listed. ~~ '~ ~_ } ~4'. ,LZGi ^A ~1'.: .. ;... .r;~.;. .. •:- _ Meridian Planning 8 Zoning May 1, 2008 Page 38 of 40 ,~:''~`. ,y ~`: {~ ~j ~;w ,. Wafters: If it's listed in -- what I said previously and, then, if the use is listed in the schedule of use with a dashed line that means it's prohibited. Does that clarify your -- Marshall: I understand what it's trying to say. Wafters: Okay. Marshall: It just feels very stilted and difficult to get over. You have to sit and think about it for a second and, then, okay, that makes sense, but I'm not quite sure why we have to add that? I mean I thought it was pretty clear before that without that it says -- it states any use not explicitly listed is prohibited. Seems pretty clear to me. But I feel like we are complicating it by saying, well, now if we are listing it as a prohibited use, it's also prohibited or it's not prohibited, but it's prohibited because it's listed as prohibited. Wafters: Which number are you looking at? Marshall: Right now -- it occurs several times. First is 11-2A-2C. Wafters: 2A-2C? Marshall: Yes. And it's also in 11-2B-2C. 11-2B-2C. I think it's in here again, but -- I just felt like it was complicating the issue a little more than it needed to be. Baird: Mr. Chair, Members of the Commission, I have got a feeling that somebody probably thought they had a gotcha, because something was listed, but it was listed as prohibited, so this is probably staffs attempt to just close a potential loop hole. I'm sure there was a reason for it and if for some reason this doesn't make sense or can be addressed differently, it's possible that it could be changed before this gets to City Council. It's probably something -- a comment that Sonya might take back and get some history on in case it comes up at City Council. Wafters: It's just, basically, covering all our bases. It's not leaving it -- like Ted said, it's not leaving any loop holes. You wouldn't believe the interpretations we have sometimes. Marshall: What bothers me about that is that somebody may try to interpret that it's listed on the prohibited use, so now it's not prohibited. Newton-Huckabay: Mr. Marshall, is the agreement that Sonya will get that clarified by staff sufficient for you? Marshall: That works forme. Moe: Okay. If that's sufficient, then, I just need someone to close this hearing and move forward on whatever we are going to do here, folks. So, can I get someone to make a motion? '" iS.. ~.~ ...{,1 ~~ir4i ~~ r .` t Q ~~_ ~' .. r j ,._ ,~ u, x! . {'~~` h ~'d? a ~ ~* ~ 1 ~ ? ' ~~ ~~ ~'~~~ ~ ° > ~ti ~~ ~rv h 4Fy 1i~ r ~r~~ a r ' ~ k ~ x ' ~:4 ~k ~r ~ k 3 ~ lk w 4yZ ~~ kz ~` t ~ ~~t 4 j ~.. •~ z -, ~ .P ~ r r ~ ,t ~: ~: ~: i ' x ?. ~r Y 5 C /. l ~ F " l ,l z,;;..? ~, b - 't ~ ~_:, t? .l ~ t• o ~ ~~~- ~ Y-"~ _ a d ,, ~ ~ ~ ~~ ~ -. ~~ :,. ~~,: ` }< °s r_ E M J~. Meridian Planning & Zoning ~ 4 May 1, 2008 Page 39 of 40 Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we close the Public Hearing on ZOA 08-001. Newton-Huckabay: Second. Moe: It has been moved and seconded to close the Public Hearing on ZOA 08-001. All those in favor say aye. Opposed? That motion carves. MOTION CARRIED: ALL AYES. Moe: Mr. Rohm. Rohm: Mr. Chairman, I move that we forward onto City Council recommending approval of ZOA 08-001, with comments that planning staff clarify the intent of the aforementioned discussion. Moe: Now, will staff remember what that was? Rohm: Yeah. Well, it's in the record. Moe: All right. Newton-Huckabay: Second. Moe: And there was a second. Great. It's been moved and seconded to move onto City Council requesting approval of ZOA 08-001, as modified, possibly. All those in favor? Opposed? That motion carries. MOTION CARRIED: ALL AYES. Newton-Huckabay: I move we adjourn. Rohm: Second. Moe: It's been moved and seconded to adjourn. All those in favor? Opposed? MOTION CARRIED: ALL AYES. Moe: We adjourned at 8:47. MEETING ADJOURNED AT 8:47 P.M. ~ ?' #; ~,n;< ; =~. ~; „~, ~: inn. M~~~' ~•- it P... i :k`s w ~~ :,-;: r ~'~ -i~t yS ~a ~' °;x,~t ~~ -:5: ~:;4•.: Meridian Planning & Zoning May 1, 2008 Page 40 of 40 (TAPE ON FILE OF THESE PROCEEDINGS.) APPROVED• DAVID MOE - CHA RMAN 0 `~I ~ SI D~ DATE APPROVED ATTEST: JAYCE L. HOLMAN, CITY ~K BEAL '~ ,~ ~'1J1J1"( ~• ir'?}t , ING 8~ ZONING MEETING May 1, 2008 APPLICANT ITEM NO. 3-A REQUEST Approve Minutes of April 3, 2008 Planning & Zoning Commission Meeting: AGENCY ~_~ CITY CLERK: ~~~-~~, "~ I CITY ENGINEER: r~~' ~:' CITY PLANNING DIRECTOR: ; CITY ATTORNEY ' ;. CITY POLICE DEPT: ~: ~:~.;5 ~~' 1 CITY FIRE DEPT: CITY BUILDING DEPT: ~``, ~ _ ~,4 r. 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: Materials presented at public meetings shall become property of the City of Meridian. ~ t?_ ti rt f h ~i _ f rr, ,~r`~ 7-r ~ .i ty ~ _ ~ i P ~~~~~ X Y ~ ~~r2 5_ ~~ 21 +. F ~ ~. E"gs. ~ tF~e{ctJ"i`~, ~ cP ~ >~`~' ~° rT ti~ i~l`~ ` t . ; ~ T ~ •~ ' . r fi? Y ~ ~~ ~ ~.; , , t , ~ , , Po 1.1 r '6 ~ '~ J i.. A i<i ,( 2'~ ~ ~ I a ~:.~/ ~,~~ ~ ,~? f . S'Y ."~ N ~~ ~ '1 ~X *f~p p~~..Y }S, y,,fi$ , x[[ SA ~~R - r ° ~'~ w ~ ,k ,-t" c`• > 3 _,. ry ~ ;r, f ~~,h~Y ~ ~% _ 4 i A ~ ~ y y R S~T'O S~~; r~ SF~ y t _ ~ S ` i , {.~ ~~yy~ f t r~, 5 ~?.~t 5 ~ • ~ r,,, ,~ u ~ .~r~ ~, .z ~~ ~ y -'i~ .~ ~ ~ ~ ~ ~ ~~ f ~ ~ , p, ' ~7 'Ndr, &~° ~ ~' ~ _ v , ?~ s ~ ~M„w f ..hyv ^i. ~:2:_ ~ ~ ~~ ~, .-~zby ~ F. ~. a } ~.?Y+ 4 4~ Contacted: Date: Phone: Emailed: Staff Initials• COMMENTS April 28, 2008 MERIDIAN PLANNING 8~ ZONING MEETING C CUP 08-002 ~, May 1, 2008 APPLICANT Boise Food Service ITEM NO. 3-B REQUEST Findings of Fact 8~ Conclusions of Law for Denial -Conditional Use Permit for a drive through establishment in a C-G zone within 300 feet of another drive through facility for Sonic Southern Springs - 1870 S. Meridian Road AGENCY COMMENTS '`'~ CITY CLERK: ~~*' CITY ENGINEER: CITY PLANNING DIRECTOR: -. CITY ATTORNEY CITY POLICE DEPT: ~:w~::r CITY FIRE DEPT: ~.=:~ CITY BUILDING DEPT: ''k ~' CITY WATER DEPT: a.~~ CITY SEWER DEPT: CITY PARKS DEPT: `~:~`LL" - MERIDIAN SCHOOL DISTRICT: ~" SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See Attached Findings ~" SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: "' OTHER: Contacted: ~j'~~17 ~~ ~~Q Date: ~`a"! Phone: ~('p - ~~ F ~: P Staff Initials: ~'~ Emailed: ~ji ~~~ ~~Sc~ C`U~ ~ ~~~ Materials presented at public meetings shall become property of the City of Meridian. ~~ ~~ a= i; x .. -,- .t~- z 3 -x r -%~ 3~ xt~1':~ ,. ~ F -: ti '~ n ~ri? "t ~ ~r ~: r ~~f u. ~ ~, SF{~ r~ ~~ i q: ~ 5u ~'~ t h •4e ,fM/ ~J*~;L ~ 1. ate _ ~~;y' } r. rti: a y t ",. N~^? 5N '.i4 ti .t ~, u ;~ ~} r._: ~ ~ ii? ~ ~ n i ; ~ i v, ~ ~~ _ ~` ,5 t 3z ~ ;a" . ~ :~, ~ f ~ ~ l f' 7 -'. S ~~ ~, ' w .~ ... ?~ r`. ._ .. i t '" CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~~~~ ~~ ~~ APR ~ ~ ~00~ ~ ~~ER~C ~~~~C~ E IDIAN1 ~~A~~> In the Matter of Conditional Use Permit for adrive-through establishment within 300 ~~ feet of another drive-through establishment for the Sonic Southern Springs Project, by Boise Food Service Case No(s). CUP-08-002 For the Planning and Zoning Commission Hearing Date of: April 3, 2008 (continued from March 6, 2008 and March 20, 2008; Findings approved on May 1, 2008) f'"~ A. Findings of Fact ~°. a_ '. 1. Hearing Facts (see attached Staff Report for the hearing date of April 3, 2008 M1F~ incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 3, 2008 incorporated by reference) R ,~~ 3. Application and Property Facts (see attached Staff Report for the hearing date of April 3, 2008 incorporated by reference) .<> `~y, 4. Required Findings per the Unified Development Code (see attached Staff Report for the ~`':: °' hearing date of Apri13, 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 (LC. §67- - 6503). ;~_. ~f 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified 3 '~ 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 ~;~-,:: g`' "' 6, 2002, Resolution No. 02-382 and Maps. ~~. ..; ,. >=r ~~' 3. 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-08-002 Page I .~ ~~?~ ~ - ~ ~' `¢`f ''~ ~ ~ - T ~. H { ry ti fi Y~ t ~- ~ .~ t ' i ~ ~ ~ ~ ~Sd y~``1, f _, ~ _ ~,~- ~ ' ^ .!, 1 x '"~ h 1J - ~~~ ~ L t~~ - i ~jJ 1: S'1F 'tF y.:~; ~ 4f tY4 ~~ ":Jw ~ - S ? ~^ . A ar .mfg .~ ~: ~ ~ 3 .- T - ~ 3 : ~, r• ~t ~, v. ~: a w {~ ~ #, y, ~~ t Y ~ '~ 4 ~S~~ ~ _ }. A' Y ^ 1 i t i k~:X..'~5z .ti. f e fe '. 1: t ~ x ~, ~ ~. ~9r ~ .rf } ~r - H pp ~ ~+'_ r ~ Y , 1~ ~~% ~~~ _ + '~~ is N. :r X33 ~' "S % - 3 r -~..~ tyw- ~,~ ~ s i. s~ a ~ ~ ~ s ~• ; ..tKt ~t ~ ~:: < r,, t ~. i y ,. ~~ ~ i n ^'~ c"t ti2~ ~ *,~' $ 1 h t ~ '1 :.1 _ ~°~~ .'; .j; ;~~~_~ ''~~ ~ ~ '.; s1. qF:' r~~1r ~o, Y :. , ~,} ~- a C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conditional Use Permit application, is hereby denied due to the fact that the orientation of the building does not comply with the entryway corridor design guidelines and that the number of parking spaces for staff and walk-up customers in inadequate D. Right to Appeal The Applicant is hereby notified that pursuant to Meridian City Code § 11-SA-6, this final action of the Planning and Zoning Commission may be appealed to the Meridian City Council within fifteen (15) days after the date of this final decision. E. Attached: Staff Report for the hearing date of Apri13, 2008 By action of the Planning & Zoning Commission at its regular meeting held on the ~ `5f day of 2008. i COMMISSIONER DAVID MOE VOTED (Chair) COMMISSIONER MICHAEL ROHM VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED_~ COMMISSIONER TOM O'BRIEN VOTED_ ~ a~ COMMISSIONER JOE MARSHALL VOTED ~ ,l.P Cc _ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-002 Page 2 -;:•~ ~3_:.,. „~,, . ~; ~~. ; ~~;: ; ~. ,~,-.~ { ~_ 4 t. `+,11111 U 11!1//11,. °' ~ Attest: ~ ~ ~~' o f =~ ~~~ Green, Deputy City Gj,, r trc ~,~.~ ~~, `"= Copy served upon Applicant, The )i~~.'litih'i~'~epartment, Public Works Department and City Attorney. By: /!~~~ I~~ ~ ~ Dated: ~" ~~~~ City Clerk's Office ~, ~;~ .: ~> n CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER `';" CASE NO(S). CUP-O8-002 '~: Page 3 ? ~ 1 ~a s ~ j y~ s 1 ~ ~ ` ,+~ F ~ '4 ~~ i+el i^h }Y ~ ~ ~~ r~• f ~~ _ '~ r ~ L ~ a ~'~ d ~ 0 ~; a S,_` ,~ .. hi .- d ACC'' ~ ,.1~ 4n. ,t r `llv~irt z ~- - ~1'.~' ..ir *~i ~5. ~ _ _w b f".~~~-~M K d S ~ E /.j / '~ 'I t ~ T ! k ~~ ~i' a . t ~. i ; ~ ~ ` ~ ~ s~ y .~~ ~_ .. G ,,.F„ 1 Lr~~~ 2 k~ ~~ '~ ta'ty f ~ ! ~~_J ~l 4yr ` 2 1' _~.T X14 '~ '''~~ ~ a <aa k' ~ T ~. eer"~ ra1 +r ~ a ~ ~ .~ ,.~ 1"' ~ , ~ ,~ pp c 7 ~ ~ J k y ~ L~ t~ ~ `~ ~ x ~ ~~4 ~ ~ §, . ~ 5 ~ r: } x l ,r, V` { ~' f 3 ~'ry to ~~ m ~ M~t 1~A~k~ l r 4 f ~~ ~ 5 s t~' ii~ 6 ~ iY Y~Y ~ 4~` ~ ~ nip r ~:,~ , " ;;~. T; ,;- a :~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 3, 2008 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: Apri13, 2008 (Continued from March 6, 2008 and March 20, 2008) Planning & Zoning Commission Bill Parsons, Associate City Planner 208-884-5533 Sonic Southern Springs ~4PR ' '4 2~~~ • cuP-os-oo2 Gll~ ~F fJIERI~IAN Conditional Use Permit for adrive-through establishment~~thiih ~0-~~t°~ o F ~ I ~ E another drive-through establishment, by Boise Food Service. • DES-08-004 Design Review approval for structure/site located adjacent to an entryway corridor (Meridian Road) 1. Si.T1VIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Boise Food Service, has applied for Conditional Use Permit (CUP) approval of a drive-through establishment within 300 feet of another drive through establishment and existing residential zoning district. Design Review (DES) approval is also requested for the proposed structure/site because of its location adjacent to an entryway corridor. Meridian Road is designated as an entryway corridor, and as required by UDC 11-3A-19, the applicant has submitted a design review application. The subject site is located on Lot 11, Block 1, of the Southern Springs Subdivision No. 2, near the southeast corner of Meridian Road and Overland Road. The property is currently zoned C-G (General Retail and Service Commercial District). The applicant is proposing to construct a fast food restaurant (Sonic) with adrive-through window on this site. UDC 11-2B-2 lists adrive-through facility as an Accessory/Conditional use in the C-G zone, with Specific Use Standards for Drive-through Establishments. The Specific Use Standards listed in UDC 11-4-3.11 for Drive-through Establishments require Conditional Use Permit (CUP) approval for drive-through facilities that are within 300 feet of another drive-through facility or a residential district or an existing residence, prior to submittal of a Certificate of Zoning Compliance application. 2. SUMMARY RECOMMENDATION Staff has provided detailed analysis of the requested CUP and DES applications below. Per UDC 11- SA-2, the Planning & Zoning Commission is not YequiYed to make a decision on the DES application. However, the Staff recommends that the Commission review and provide comments on the DES application, as it is significant to the proposed development of this property. Staff is not recommending approval of the site plan and elevations associated with CUP-08-002 and DES-08- 004. Staff is recommending the applicant submit a revised site plan and elevations for the proposed Sonic Southern Springs Project consistent with Staff's recommendations provided in the analysis section below. The Meridian Planning and Zoning Commission heard these items on deny CUP-08-002 and DES-08-004. a. Summary of Commission Public Hearing: i. In favor: Joe Thompson (Applicant's Representative). Slav Hoffenberg. Lawrence Ross. Dave Roberts Sonic Southern Springs CUP-08-002 Page 1 r t~ ~~ y H ~iF1~1Yt ~~ ~ ~J .,L ~t~«yl, %~~ ~jh3^~ y:_ a# { lu Yylrly( G a•r,A,/ fiery.. h r ~ br~t'~~Y ,F t, t . °. H'$ y~ t 1L{y~ '+ ~ y~ ~~ ~~`-] 4 ~'`~ ~ ~~i4~ cr %c a, : ~., of ;~,y ~^ . ~ •. ~ ~ ka ,' ,, ~~~ ~. ~ _ x •.. \~t ' Y~ ~ ~ ~ r, ~. `~ ~ 4 ~ ~~Sr~ . ~' ~I~~a 3 ~?' fi~ a ~ Y- ~. .-r ; Kti ~ r-• ~~ ~ ~ Y 4 .: ry p.Y+~x`C~ET""ti i M I ~ ~"~ ~i' ~A ! 1 .: . ~ 3. ~ ~ - f. _' _ ~~ - .- `7 s s r i r~. ~ l ~ '; J F+ CITY OF MERIDIAN PLANNaDEPARTMENT STAFF REPORT FOR THE Hl~1G DATE OF APRIL 3, 2008 .° ~;~ ~" - ii. In opposition• Darrell and Linda Tomlinson. Marv Jane Bennett. Raleigh and . Myrna Bunch, Garv Phillips. Barry Jardine iii. Commenting: None iv. Written testimony: Blaine and Marv Jane Bennett ~:j v. Staff presenting application: Bill Parsons ~'M vi. Other staff commenting on application: Caleb Hood, Ted Baird `~ b. Kev Issues of Discussion by Commission: k.-. ~I i. Site Plan and Elevations for the site. ii. Hours of operation for the drive-through establishment. iii. Other alternatives for re-designing the site and complying with the City's design review guidelines. iv. Previous approvals for proiects within the Southern Springs development. ~`" v. Color renderings of the rear of the building referenced in Ezhibit A. ~. vi. Noticing and posting of the site. vii. Employee parking on the site and the possibility of shared parking with the development north of the subiect site. ~'~ c. Kev Commission Changes to Staff Recommendation: i. The Planning and Zoning Commission denied the proiect because the orientation of the building facing Meridian Road was not in compliance with the _ City's design review guidelines and the site provided inadequate employee parking. ; ; 3. PROPOSED MOTIONS Denial :~ After considering all staff, applicant and public testimony, I move to deny File Number CUP-08-002 _: (and DES-08-004, optional) as presented during the hearing of April 3, 2008, for the following reasons: (you must state specific reason(s) for the denial of the conditional use permit and what the ~, applicant may do to gain your approval in the future.) Approval `p After considering all staff, applicant and public testimony, I move to approve File Number CUP-08- ~~ 002 (and DES-08-004, optional) as presented during the hearing date of April 3, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). .~> g_ Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-08- 002 (and DES-08-004, optional) to the hearing date of (insert continued hearing date here) for the LL" following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address /Location: `~` `` 1870 S. Meridian Road Y.w, `'~ ~ Section 19, Township 3 North, Range 1 East Owner: ~~~~`'J b . Southern Springs, LLC 1412 W. Idaho Street .`~~, Boise, ID 83702 ?, c. Applicant: Boise Food Service ~~~ 1010 Allante Street, Suite #100 Boise, Idaho 83709 Y L'~ Sonic Southern Springs CUP-08-002 Page 2 ~ y ::jy..t~. .; N , F ~ fyi-.;h y7v ~ ?;xi t -~ - P -~ c -. -5-. _ ~ dr k. ~~~~ ~~ i ~ ~~^. Y". ~ 1 f .11t*µ / l ~ y ~'1 f ~: ~', ~ (.V ~ ~ ~ +~ ~Y ~ ,y ~,, ~ 4 „~ ~ " g'E' h°~t .. ~ ~ ~ } _ x ._~ x. r o, S c~ ~~:; ,~ y ~.. ~~t - ~. ?"~] + S~~ ~ ~~~ ~'~„ t ~ - ,~ ~,, - N A;I r 1 ~`!A ~ Y J ~ t 2`.~ ~ r ~1 N 4 ,1 F - i if ~, v ds a ~ ,~~, c ~T ~ ~ ~. ~~k~ ~ ~,~~~ rr ~~_~~~~ y ~ v ~ '~k _ c ~, Y x ;'. ~ CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~iG DATE OF APRIL 3, 2008 k =- ~ ~; a' d. Representative: Bill Strite, BRS Architects e. Present Zoning: C-G (General Retail and Service Commercial District) ~x` , f. Comprehensive Plan Land Use Designation: Commercial g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval ~`_~ ~'' for adrive-through establishment within 300 feet of another drive through business. The drive- through will be located on the south side of the building as shown on the site plan. Design ~~x:' Review approval is also requested for the proposed structure/site because of its location adjacent ~~~_' k_ to an entryway corridor (Meridian Road) as required by UDC 11-3A-19. Note: The Commission is not Yequired to make a decision on the DR application. ~~~; 1. Date of Site Plan (See Exhibit A): February 6, 2008 2. Date of Landscape Plan (See Exhibit A): February 6, 2008 ='. -'' 3. Date of Building Elevations (See Exhibit A): November 15, 2007 5. PROCESS FACTS '~~"~~ a. The subject application will in fact constitute a conditional use per City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Planning and Zoning ~..; ~r`"'' ' Commission on this matter. ~~ b. The subject application will in fact require design review per City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is not required on this matter. c. Newspaper notifications published on: February 18, 2008 and March 3, 2008 ~_ ~~ d. Radius notices mailed to properties within 300 feet on: February 12, 2008 ', `` ~' e. Applicant posted notice on site by: February 25, 2008 ~~~ , 6. LAND USE s- ~ ~ ::-. <~ ~~ -' a. Existing Land Use(s): The site currently consists of a vacant commercially (C-G) zoned parcel in the Southern Springs Subdivision No. 2. b. Description of Character of Surrounding Area: This area is transitioning to a mix of commercial, office and residential uses. To the west and east of the site are residential subdivisions. To the north are commercial and office uses. To the south is a mix of commercial, office and residential uses. '~~~ c. Adjacent Land Use and Zoning: 1. North: Southern Springs No. 2 and No.l; zoned C-G and L-O ~:,F 2. West: Elk Run Subdivision; zoned R-8 3. South: Southern Springs No. 2 and No. 3; zoned C-G 4. East: Running Brook Estates; zoned R-4 ~,.; d. History of Previous Actions: The subject property was annexed and zoned to the C-G zoning ~~ district prior to preliminary plat approval in 2003. The final plat (FP-04-082) for Southern Springs Subdivision No. 2 was approved in 2005. e. Existing Constraints and Opportunities: K:i_~' 1. Public Works: Location of sewer: Sewer already stubbed to this lot during the construction of .r Sonic Southern Springs CUP-08-002 Page 3 ~•~'~ '~ '-,^`! }~~p ~.fi }~~ Y t. 4'. ~ - ~` ins i ~ t ;x . ~. ~~-:yr 7~ti ~;~,. a y's~* ,'~ d s ~ ~3 F - nT~ 4 ~ iM' } y~i },,r ti `~` ct ~ 54 } :}~.'. A' '4 ~ ~ 1 zw",y ~ ~ F =r F'~ t' .-~~ 1'~ 1~ hh.~~Ft t A ~-0-0. ~: ~, E ~ _ ~ J r ; ~ e ~ ~ -- ~_ ~. K ~. l~. - r ~' < ~ s ~, 4 f r + h ~ _ } tir / k ~' CITY OF MERIDIAN PLANi~ DEPARTMENT STAFF REPORT FOR THE H~NG DATE OF APRIL 3, 2008 ~' .~;. Southern Springs '~ Location of water: Water already stubbed to this lot during the construction of '` `~ Southern Springs . , Issues or concerns: None ;~ 2. Vegetation: None existing ~: - 3. Floodplain: NA 4. Canals/Ditches Irrigation: N/A ~. ~ ~ ~ 5. Hazards: NA .: r ~ 6. Size of Property: 0.80 acres ~:,~,• 7. Description of Use: Proposed 1,526 square foot drive through restaurant establishment. ..:~~: r =. f. Summary of Proposed Streets and / or Access: The applicant is not proposing any new access u.~= ~ points to Meridian Road/SH69 and none are approved. The subject property is accessed from a private access easement on the east side of the property that extends south to E. Calderwood ~: Drive, east across the Ten Mile Drain to Overland Road, and west, along the northern property - • :'''~'~ boundary to S. Meridian Road, as shown on the recorded plat for Southern Springs Subdivision No. 2. Across-access agreement exists between all lots in the subdivision as set forth in the ` CC&R's for Southern Springs Subdivision, as noted on the plat for Southern Springs Subdivision W-ti's No.2. k ~ ~`~ 7. AGENCY COMMENTS ,,. ;;; On February 15, 2008 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department and Meridian Public Works Department. Staff has included -;' comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS *(~_ ~~,~, This property is designated "Commercial" on the Future Land Use Map. The Comprehensive Plan _ defines the Commercial district as providing "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. Within this land use "-' `~ category, specific zones may be created to focus commercial activities unique to their locations. The applicant is requesting approval to construct a 1,526 square foot restaurant with adrive-through '~y~, window on the subject property within 300 feet of another drive through facility. The proposed use of the property generally complies with the comprehensive plan designation for this site. ..-~ ~ Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to ~`~ ` the proposed development (staff analysis in italics): -~~~ Require that development projects have planned for the provision of all public services. . b`~' (Chapter VII, Goal III, Objective A, Action 1) When 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: d ~.u - Sanitary sewer and water service is extended to the project. ~.~~: Sonic Southern Springs CUP-08-002 Page 4 ~.,, ~- ~ _ ~ ~~ ` ` . Ih ,~_ ~ ~'~ ~ ~ ~ - y y~ 'Ir~T ''"E Y ~.'„r , .. ! a .;+1, ~ a9k ~ ,.! 1T ~ { A, y~ T y~ 4fi { ~ a b ~}. i x` t,~~ - ~ .. 9 } ~}. y ~ ~3F 6 f ''t ~ K, ~ ~ ~ ~+ 1 ~~ ~ F ` f- 3.r I~~ I.}Y ~ i ~- ~ { '1f l V ~ W. - 1 ~ ~ •~ ~~ ~ ` / •y. r ~ !~ l+ ~ ~~ a~~ ~.t s ^~ 1 A" .,Y' Yc~ b ' y S y. Ll 5yy~.~ 'L ~ ~ 9~ Y . ~~. , ~ , r ~ t R t_~~~ 1 l'~~~ :~.{ y 1 Z ~4~ 'iF S _ f ~ * ~ i YY .w 7 7 'r a" { £ ~ ' ~ . 7 ~~ C ~ 1 F'~F . ~M .~: 5 t ~'~~ 4 j~F - ~~ ~l ,F?: ^F > k,. i i .t Ly yS~{y. ~~3 rayY i _ fa;~ -' x . ~ ~tt ~ ~ .~ .. ~~ y ~ ::i. w T~ z i ~ N t x ~ x Yt ~ ~~ ~ ~ - ~~ - p ~. r r , s ^'";~ u~~c . ~ _, x.13 _, _ CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~1G DATE OF APRIL 3, 2008 _4•` - 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. Y r~ - 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 (ACRD) and ITD. 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. r.~ ~:_ 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. • "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 11-38. A landscape plan was previously approved by the Planning Department with the ~~~~ Final Plat (FP-04-082) application for Southern Springs Subdivision for the35 foot street ~k:;.: x . buffer landscaping along Meridian Road that abuts this site on the west. Internal parking lot landscaping is proposed on the landscape plan submitted with this application for this site. All landscaping installed on the site shall comply with the approved landscape plan and UDC 11-3B and shall be maintained. ~~:,~'t, Y: • "Require appropriate landscape and buffers along transportation corridors (setback, '~~' .,- vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4)' - ' A 3S foot wide landscape buffer has been installed adjacent to S. Meridian Road, an ~'` ~ entryway corridor into the City. µ`~: `:, ~~' • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter - VII, Goal 1, Objective B) Although there are other drive-through establishments in this area, Staff believes that the r r~ ~,~ proposed drive-through establishment (Sonic) will contribute to the variety of uses in this ~.: l area. ' ~ Staff also fords the following 2002 Comprehensive Plan text policies to be applicable to this ;,; ~~~ ~~ application: • "The capacity of arterial ...roadways can be geatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACRD to minimize access paints on arterial...roadways as development applications are reviewed." (Chapter VI, page - ~' ,~ 72) : • "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of ~ existing access points onto arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). ~_,_~~'~ ,.,; • "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj. D, `k'' '' #5, page 107) No direct access is being proposed to this site. With the Southern Springs project, all access ~~';.-~ points were approved for the site. Cross-access is provided to all lots within Southern Springs Subdivision No. 2. <:.y-r~ .~<: >~` ~- ~ Sonic Southern Springs CUP-08-002 Page S - ~: ", _: f- t a .~5~~ ~ .. * Y ~~i ~ iY, ~ R~1 X - J C srl ~ q^ ~ ;1 r+ 5 ~ - y n~`~%? ~ .~ y r< ~ "a~a~yT''~ 3''Y: 1 _i '' < _~ . :3 3~4 - , . ~ ~ ~ ~~~~ ~ ` , ~ ` ~~ r M _ iC~~* ~' - ~' # iT ~~~' Y . k ~ ~ , .~" at k~a + 5' 1~ ~ ~ ~ -) 3 < 1 ~ s (~ ~ J _ 4-4 ^l~~' r.S CRS C ~ N a ~. ~ ~ -. 6~.i 1 ^ e`. ~~~ Ty}j ti X12 ~ ~ I]Ll ~~ ~ _ F i .a i ~ , z ~~~ L~f 1 ! ~ t ~ ~ S = ~ f l ~ , rt ~ ~ ` ~ Y ~ ~~~ 1 n~ p~I~T~ r , [ ~ F j ~J f ~1 ~u . ` A r_ ,~^ d' 1 t . xF i "R ~ '~]7 p 4 L ; .. Y' A ~~ .; { - ,f r ay.. `. a ~`~Y ~ r+ i :~ %~t~ _, ii ''~ CITY OF MERIDIAN PLANT DEPARTMENT STAFF REPORT FOR THE HTNG DATE OF APRIL 3, 2008 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists a drive-through facility as an Accessory/Conditional use in the C-G zone, with Specific Use Standards for Drive-through Establishments. The Specific Use Standards listed in UDC 11-4-3.11 for Drive-through Establishments require Conditional Use Permit (CUP) approval for drive-through facilities that `~`~ are within 300 feet of another drive-through facility or a residential district or an existing residence (see Section 10 below for additional specific use standards related to drive-through establishments). The subject property is within 300 feet of another drive through facility and a +~, residential zoning district. . b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses ~ which are customarily operated or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close '* proximity to major highway or arterial streets; to fulfill the need oftravel-related services, as well `~ as retail sales for the transient and permanent motoring public. 10. ANALYSIS ~~, ` a. Analysis of Facts Leading to Staff Recommendation: The applicant is proposing to construct a new 1,526 square foot building for a Sonic restaurant with adrive-through window on the subject property. The UDC (11-4-3.11) requires CUP approval for drive-through establishments that are w'w .. proposed to be located within 300 feet of an existing residence and/or a residential district and/or :-~ another drive through business. Compliance with the design standards listed in UDC 11-3A-19C `~' pertaining to the site and building design is also required for properties that are adjacent to an ,~ ~' ~ entryway corridor. In compliance with the aforementioned UDC requirements, the applicant has submitted CUP and DES applications for the proposed Sonic Restaurant. `~'~~` Although adrive-through restaurant may be an appropriate use for this site, Staff has major issues with the site design and building elevations that are currently proposed. ~ Meridian Road is a main thoroughfare and designated entryway corridor into the City of ~`~~ Meridian and lends itself to opportunities for high quality architectural and site design. ._ ~;~~ : However, the applicant is proposing to orient the subject building with the rear elevation facing Meridian Road. The rear elevation does not comply with the design review _ standards for buildings adjacent to an entryway corridor. Further, there are covered car- hop/carports structures proposed adjacent to Meridian Road that staff believes are not ''' ~ ~ appropriate next to an entryway corridor. Because the site plan and elevations do not ;';~~~ comply with all of the design review guidelines mentioned below, staff believes the applicant should re-design the site. As proposed the site design and elevations are not approved. n ;~~? Landscaping: The applicant has submitted a landscape plan prepared on February 6, 2008 by `'~` Harvest Design, labeled as Sheet LS-1. The street buffer landscaping along Meridian Road was reviewed and approved with the final plat for Southern Springs Subdivision No.2. 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. However, the UDC requires a 5-foot perimeter landscape strip adjacent to all perimeter vehicle use areas, with trees Y~, planted every 35 linear feet. The 5-foot perimeter landscaping along the southern boundary of the ra:,; site scales at approximately 95 feet in length which requires a minimum of 3 trees. On the `~a submitted landscape plan, there are only two trees depicted. The applicant should revise the ~~~ landscape clan to depict at least 3 trees in the southern perimeter landscape area. ~~~ Parlang: 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 1,526 square feet; thus, 4 Sonic Southern Springs CUP-08-002 Page 6 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF APRIL 3, 2008 parking spaces are required. The applicant is proposing 21 parking spaces on the site which complies with this requirement. Seventeen of the stalls are proposed for drive up ordering (vehicle dining) and the 4 remaining stalls are for patrons who wish to eat at the patio area. Staff has concerns regarding the proximity of the vehicle dining stalls and canopy as they are the closest "improvement" on site to Meridian Road, an entryway corridor. Further, the canopy stalls for vehicle ordering are dimensioned at 9' X 18' and code requires 9' X 19'. Furthermore, the applicant shall also maintain a 20 foot drive aisle (UDC only requires 13 feet; SSC and the Fire Department require 20 feet). The site plan should be revised to comply with the parking stall and drive aisle dimensions of the UDC and Fire Department access requirements. Also, per UDC 11-3C-6, one bicycle parking space shall be provided for every 25 vehicle parking spaces. The applicant has provided a bike rack on the site. Development along Federal and State Highways: Unified Development Code (UDC) 11-3H-1, Purpose. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." An internal private access road within the Southern Springs development that provides cross-access to all lots was approved with the plat for Southern Springs Subdivision. UDC 11-3H-4B3 states: "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road." The subject property is accessed from a private access easement that runs parallel to SH69 on the east side of the property that extends north-east through Southern Springs Sub. 1 to Overland Road, south to E. Calderwood Drive and west, along the southern property boundary of the subject lot to S. Meridian Road, as shown on the recorded plat for Southern Springs Subdivision No.'s 1, 2, & 3. Across-access agreement exists between all lots in the Southern Springs development as set forth in the CC&R's and noted on the plat. Specific Use Standards for Drive-through's: Staff finds that the site plan meets the requirements set forth in UDC 11-4-3.11, which states that "a site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties." UDC 11-4-3.11 goes on to state: .,1;, ~: At a minimum, the site plan shall demonstrate compliance with the following standards: • Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of--way by patrons; • The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; • The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; • Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. • A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. Staff finds that the site plan submitted with this application complies with the specific use standards for adrive-through establishment, as set forth in UDC 11-4-3.11C. To ensure safe vehicular movements, staff has required additional signage on the property. These requirements are discussed in the Design Review section below. Sonic Southern Springs CUP-OS-002 Page 7 .~~, . 3r' _ ~t ~i s@ 1 ~ Y r.~ ~ S~ ~., 's k~ ~ ~ ~ V.... ~ ~ ; 3 tixkS '+ s e. ~. ,t t`~ t ti.,.y~ may. ~, ~{q1 :- YZy~ijC$ _ '!'2 ~. Y ` '~4 ~4~~ r} ~ ~ ~ Y~ W CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HE:~1G DATE OF APRIL 3, 2008 Design Review: As proposed the site plan and elevations for this development do not comply F . -'; I' with the design review standards of UDC 11-3A-19. Staff has provided analysis below and called r{ out the applicable standards the applicant does not comply with. Because this use also requires CUP approval, staff is including additional elevation and site design changes. .~:~. ~'~~ Because the subject property is located adjacent to an entryway corridor (Meridian Road), structures proposed on this site are subject to the design standards listed in UDC 11-3A-19C, as (~: « follows (staff analysis in italics): ;_; 1. Architectural Character: `,,:i a. Facades: Facades visible from a public street shall incorporate modulations in the ~ facade, roof line recesses and projections along a minimum of twenty percent (20%) ~~;fi? of the length of the facade. The rear facade of the building is the side that faces Meridian Road, a designated entryway corridor. The elevations submitted to staff with the application do not show much modulation or articulation in the street facing ~r (rear) elevation. The applicant is currently proposing to add a tower to the rear of the building to help modulate the rear facade. Staff believes this feature was primarily added for additional signage on the site. Screening is proposed at the rear but the intent of the standards of this section is not to screen unattractive buildings, it is to construct attractive buildings. Although the applicant has revised the rear - elevations staff believes more architectural elements need to be incorporated into the ~% design of the building. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. Staff believes that the applicant has done a nice job of defining the building entrance. However, the primary building entrance is facing an internal driveway and not the entryway corridoY as staff would prefer. Furthermore, most of the architectural details of proposed building are located on the front (east facing facade of the building. The only part of the proposed building that incorporates these design features listed is the east elevation. Staffs preference would be to swap the east and west elevations and not have the rear of the building fronting on Meridian Road. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. The proposed roof design does not incorporate varyingparapetheights and roofplane. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. A large amount of the building is constructed of a concrete wall panel. Staff believes there is not enough variation in the building material. Staff believes the applicant should add additional materials (i. e. stone or stucco accent) to compliment and better fit in with the other buildings in the Southern Springs development. The applicant should revise the elevations to reflect this change. e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. All mechanical equipment will be screened by the parapets as required. Note: The photos submitted Sonic Southern Springs CUP-08-002 Page g rya ~ ~ " ~ . ~ '' 3 •.3~z't ~~ - ~ ~~ n, 7 :;. t`' ~t ~ . 4 1 ~~'F t4~. LJ i {t.~. i'1 7v~r ~~ f F [ ~` 1 ; ax ~ ~~ a T. y ~ ~~ r~y~~ i;~. ~ ice, °ti,~ ~ -, ~ ... ~ . rt ~...,, ? _..... ,u k: hyi}c~}'t `t' y~ m~ y Y . P:~`a~° rr ~ ,ti ~~, ~~ ~ JF~~~ ~ ~ r f i~ n> ~;' ;'~' ~K .rev * F~~n t 4 ~f ~~iY 1 ~K,~ ~ :~ y ~ t` tlof s t fir; e' ~~'~°,.2 0 fir; yFi. t' £K r Tr ~ ~ w ,. i` ~ a 'SE al si,.T 0 ~v. CITY OF MERIDIAN PLAN1~ DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF APRIL 3, 2008 to staff,• the roof top equipment is not screened according to the UDC. Prior to CZC issuance the applicant should demonstrate compliance with the UDC. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. The building is proposed to be constructed primarily of concrete wall panel veneer and is very monochromatic in color. Staff recommends the applicant incorporate an additional colored material on the building. The applicant should revise the building elevations to reflect this change. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. Four of the proposed parking stalls (detached parking structure along the north side) are located in front of the structure and front-on Meridian Road. These parking stalls will have the same canopy treatments as the building. Staff is concerned with the appearance of that canopy structure fronting on Meridian Road. Staff recommends the free standing canopy be located to the east and the building entrance should be the main focal point along Meridian Road. The applicant should revise the site plan to reflect this change. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. An 8 foot wide pedestrian walkway is depicted on the site & landscape plans from the sidewalk along Meridian Road to the main building entrance. Because the pathway is proposed to cross the drive-through driveway, Staff recommends that a "Caution: Pedestrian Crossing" sign be installed in the southwest corner of the planter island north of the 8 foot pathway. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. The proposed 8 foot wide walkway is proposed to be constructed of brushed and scored concrete. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. This requirement is not applicable to this site. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrance. The building elevations labeled ES-1 comply with this requirement. Building Elevations: Building elevations were submitted for this site, prepared by BIZS Architects, labeled as Sheet ES-1, dated 11/15/07. After reviewing the submitted elevations with the application submittal, the building does not comply with the design review standards. Staff is recommending the applicant revise the site plan and building elevations prior to CUP and DES approval. The applicant has submitted color photos that depict the design of the building. After a comprehensive review of the photos, staff is still not Sonic Southern Springs CUP-08-002 Page 9 A f ;' .,; ^~ 1~~ {~nw~ s a• ~~-~ ~_ ~, ~t J4 `t ` ~~ ~~` A ~". ~ ~'~Tih :. ~ 4~ r~ .} ~ ~f ~~., ,,~, t33. 2 ~ il' ~ '' ~x ~3~ r.4 ~ 1 :, { rk ~i.. w}~4 p i y ~` ` '~ ~ F aR ~~fi ~ f~F • ~ }t +~ i _ r F .q;5. t',i Y ~ ~ 7'~ !K f • :'.'Tt ~ Ma 'at c L a.. ,~ "v ~ ~i.8 k '~ ~ ,x ~' .:: t ~' ~ r ~. ~ ~ ~r r i.r LY ~~~Y"`ErC tiY .~ ti.'.~ Y. , ` !„~ f „_~ ~ 1 '~ CITY OF MERIDIAN PLANIV~DEPARTMENT STAFF REPORT FOR THE HI~iG DATE OF APRIL 3, 2008 :; convinced the building complies with the Design review guidelines. Hours of Operation: The applicant is proposing hours of operation from 6 am to 11 pm Monday-Thursday and 6 am to 12 am Friday-Saturday. Other drive through business' in the ~` Southern Springs development are restricted to the hours of 6 am and 10 pm to help alleviate the effects of noise, traffic, odors, glare, or other nuisances created by the business to the adjacent °~.. residential properties. Staff recommends the hours of operation be limited to the same hours ~. as the other drive through businesses in the development, 6 am to 10 pm. ~:,~~- Site Desi The a hcant has submitted a site lan with this CUP a hcation. Chan es to the ~~ pp ~ P PP g , ~'`'` site plan have mentioned through out section 10 of the staff report and conditioned in Exhibit B. However, the trash enclosure is located along Meridian Road. Staff believes the trash enclosure ~y': should be constructed for high quality and durability as well. Staff recommends the applicant 4 construct said enclosure with acceptable materials, including but not limited to, tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured ~_`'v~- Y:x masonry block, or stucco or stucco-like synthetic materials with solid metal doors. The _`';, trash enclosure should not exceed 6 feet in height. The applicant should provide a trash - ::~M enclosure detail at the time of CZC submittal. ,,: ~'~' the sidewalk adjacent to the north side of the building is depicted as 4 feet. The In addition , UDC requires minimum 5-foot sidewalks adjacent to buildings. The applicant should ~~::~ construct a 5-foot sidewalk adjacent to the north side of the building. - Certificate of Zoning Compliance (CZC): The purpose of a Certificate of Zoning Compliance r~_: (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). To ensure that all of the conditions of approval listed in ~~ ~' Exhibit B are complied with, the applicant will be required to obtain a CZC from the Planning `'~° Department prior to receiving a building permit. With the CZC application, and in addition to the -~:-. changes mentioned above, include the following additional information on the site plan and/or -- landscape plan submitted with the new CZC for this site: :h`" ~~~~ ~~~~ • A "Do Not Enter" sign should be installed in the planter island on the east side of the drive-through lane on the south side of the building where traffic exits. ,. ~ This provision should help to prevent cars from entering the site from the wrong ~~"`~ direction; please include signage on plan. ,,,~, ~,~`' • A "Caution: Pedestrian Crossing" sign should be installed in the southwest >/'~ ~ corner of the planter island north of the 8-foot pathway. ,'`'"'~a • A "Stop" sign should be installed at the terminus of the east end of the driveway for the drive-through. ~ ~ b. Staff Recommendation: Staff is not recommending approval of the site plan and elevations ~~~,~-- associated with CUP-08-002 and DE5-08-004. Staff is recommending the applicant submit a ~~.; revised site plan and elevations for the proposed Sonic Southern Springs that reverses the east '~~' and west elevations, consistent with Staff's recommendations provided in the analysis sections above. The Meridian Planning and Zoning Commission heard these items on March 20, 2008 °'" and Apri13, 2008. At the public hearing, the Commission voted to deny CUP-08-002 and DES- 08-004. .a;~;; -~ ~ 11. EXHIBITS A. Drawings ~> :-~: ., Sonic Southern Springs CUP-08-002 Page 10 ra t ~ ~ ~-. ~~ ~ r }fir ~ ~ ,fir ?~?{ '~f / titi * :t ~ } i ~.~!i ~ `ri' ~ ~ w wy s.ri `~ , w ~ 24 y y .h j~ ` _. I ~4 F. _ f ~'Vi ~ 7tx ~~ y 1. - ,,~ r ~ 1 V_: *,. ^v ~,~ `t i~ s: F ~ )~a. 1 3~ ~~ ~ t~ ~ ` J'r i L ~ ~ ~ - . I ~ ' ~ . ? ;~~f d ~ .,L s`~ S ~ ~~yy F .T' 1 . E' t. - .t y _ fi t- S' ~ 6 ~~l~ ' ~ :, d ~ (( ~( ,Y~ Y C ~ ( L y _ ~ r ~ h~ ~ 1', hr , '' A~ e = T F4 ~ 4 1 a ,~ '~ '"~"~t ~~ Y~~bI t4~: '~ ..~~Z W Y~ ~~- . K } t _ r i~ ~ ~ ~ 1 y,.,.a t i f : . ~~."' ~ y~ 4r ¢ ~ ~ . "~ `~ tx `t'tJ~ ~.C~ ~~~ ,yw ~-t V'a~ k ~' - ~ ~, - ~ y ~; :y; 35~; ;.{•7t ,, ,. ,,;. .~ ~t ;:<<t, `''r'. =.x,;._, .,. ~~; '~;.~. ?, ,... ~~ ~ -~ Y ,,~~' ~:~. ': w„ ': i c~+ Via, fix; ~,.4``; i~. ;~3 _ t~ ^l ,.e,., ~ a;, . , `S''; `: ;. x~. ^i. ~?";f <~v a -C t y j,;x ~~. .,.~ "'.r' 4 Tt ff ~a ~. ~° ~~ ~a P ~ ~ ~~g ~~. c,...~.a~._..a~W~eaeN~~~ tia~~a~aw~~sdr i A. Drawings I .CUP Site Plan (REVISED) (NOT APPROVED) Exhibit A ,Ft=~„: n~ ~ < CITY OF MERIDIAN PLANNINC~ARTMENT STAFF REPORT FOR THE HEARI~DATE OF APRIL 3, 2008 ~M ~ ~ i C ,_ _ _.. ,~; ~- - ~~saan a a~ - _d ~ ~, m ~, ~, . to ~ -a iaa oiNOS ':.J :~ ~l ~ i= _2~~ `t CITY OF MERIDIAN PLANK; DEPARTMENT STAFF REPORT FOR THE H~NG DATE OF APRIL 3, 2008 2. Landscape Plan Exhibit A i~~ ~ 94~~ ~ to ,~ ~~ ^ i g s ~ , ~ ~ ~~- dui ~, ~ p ~ ~ ~ ~ ~R - ~ o __ __~._ _., °' g ~~ »~' ~~ ' ! 9 ~~ ~~ ~=fit ijii t(.~ a e. ~~~ ~~~~ ` J l F ~~ ~ ~~ Q CITY OF MERIDIAN PLANNlDEPARTMENT STAFF REPORT FOR THE HL~1G DATE OF APRIL 3, 2008 3. Building Elevations ~REVISEDZ(NOT APPROVED) ~. 11I ~ __ ~ ~. ~;- ~, a ,~~ ,, .~. !ol t st ~ ~~ -- -~;: - v.. F~1;K't!RF[gYATTt?Y 1N'?'~}~it~RA^+~,°s&E1.~VATTON ,~,,. ~~ ~ ~ ~ d ~~~ ,.e ~r -_ .-_ ___ ,.._,, ~ .~. _ _ ..._~ y~ _ w: _~ --r,~- t. _~~ ~ ~ ~ ~ ~ ~~ ._ __'r~~_ ~,+~.1. i' a,_ _dS4' ~t~~w -~tRlfCieVAl7 ~~v. F. ~ ~. ...._ ..~ F~- _ v .. _ ._ _.. _._ _ -~ e~ r ~ d . ~ a..AS.~r ~J ;? n ~ o~~la . . ~a;~~~i. a ~C1 _., ~ _ ~ _ ~ G~"a s9 ~ x:^ ~ 1~ ) ~ y a ~Y}~ ._ ®'v ~ Vu 1 ~ T~•~ ~. (- x~ at A M ~ 3 ~ . x P . l. f ~~p~ N I r . 1~~, 1 [ ~ ~ i ~m ne ~RY.a"'~ ~ "n _- P ;~ _ n.i. ,~ ..: r ~ .. ,. r ~ .~ ~ p - - -. a .1 ~4v,.~~ S ~ - ..R._ 4 n ~ _ 1 .-.__ ~ ~ ~ _ ~ Fn11WiTl k!^!a6Y: ~'P+T~ ~~ ....ma ~ ~a.~is~`. _...... ~. <. _. _. ..._ .r.. ... ri.~ 1 x-< Exhibit A r s s =. ~~ ~ i ~~ ~~ M ~+~ _' ;K ~ 4.~-: ~,C`L i2t y y 1 4, ~' ~:1R ~yi ^'Y1' 2 ~ ~fi' l~f ~~~ ~, ~ _~ ~ , ~~: ~y,, '~ w ~ ~ zt4 N~ ~r~~' ~ »a-~ ~ I~ i,r ~: l „ yy y~ K', k~. ~ `~. x M.~ ~ x F~ ~~L gM Wy~rt' Y _ Y 3' p. y fa l+ d k4't~ l ' ~ ~ f"~ ~ u bL f ~i~' „r} ,+ .x. _, _ .. ~1~. ~fa~ <<;~ ,~i.. 4 .: F,^~ 3' ~-Yj ~y }4-Tin_ '.+;,, J~;. yet ^.Y: :~: rr ~T:, l ~ 1y 3 "~ ;v. a':S> '. }~', Exhibit A ei¢,.: CITY OF MERIDIAN PLANl'~ DEPARTMENT STAFF REPORT FOR THE H~NG DATE OF APRIL 3, 2008 B. Denial 1. PLANNING DEPARTMENTS 1.1 The Site Plan, dated ~°'-~•°~• ~, 'nn4 March 17, 2008 included as Exhibit A, is not approved. 1.2 The request for Design Review approval of the site and proposed building with adrive-through window is not approved. 1.3 , ' c T~ ~ ° n • .~ ..tt • .~~ • ° 4 4 4t~ ..FL. ~.~ ~4t~, t... ;t.~; nt,.,tt t~ °_~ ~ °4 . ;!t° Y~~T1V - S 1 1iG~V "iCII~ CLIIJ 'G4 GIIL CO L71 GTlvr~'R ~T'Clle~ / avv. .. awv. as » as » t a ...t. r,.~, o ~ , ~~, t t a °a ;~° ..t° ac » • > > a t : ~31it$a}3 ee9~ nr wrnp t rtaixC~'- F~ T mn t ~k__ ...~_- t ~ n t nrn a. a ..+ -' "-- -,_ ._, _-r--- - ° ° ° ° ~~ ~,~_ ----~---- --- ---- ----'=`--•• •. ~,_a 1 7~ T '~ ° Dl., l L. l ,t QL. ~ T ~ t « ..«°,t 1+ TJ ,..-. ,7n~v,7 L'°1., ~ Tl ..,..,... 7G ~nnQ _ ~ ..: ~` µ ~ ~ " ;,..` ` ~ • . > > e ~ ~f6'F'i~3E16 ~,-&S-«r2E~ iFe-~-4-~-~1~ . Exhibit B ` `~ ": ~_ ~,, ~E ~ ,~-~t r ,~ ,~r tra r 84~"~i ~s~- ; . ~~ ~- a::`M ~ ~ ~~ ~ry~~~i 1 f ~~ r~ 1 r . y ~~_ 7F ,+_' °>-i T i s ~;~~ - =p/ g~,..:.-. _.__ .~ `' r f ~'qYy off p i~., -.5 =,:,z„ , ~'F;. CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~iG DATE OF APRIL 3, 2008 r!>'" w.., ...,.....~..,..., ...,..,..._.,..,~_, .. _. ion e ~!N YY Y J b' a i 1 1 7 ~ cc » cc D a~ +«..,~. !~«,.~~;«..~~~ a +L.e ccQ+,....» ~ ,_.«+:..«ea } r , rri--z}F6e~~~6~e-~9~~~9t@~C&~9 m ~+ Y 's' ~ . .' ,-~ _' . ~ .. YY .. .. err .-... ,,,~. ~~ Y D r . i t Y Y a' • 0 S~Fl ~~~k3 L g~ r~~9fi e~3~E ~ , , 2. PUBLIC WORKS DEPARTMENT ~ti' 2.1 Sanitary sewer service to this development was installed during the construction of Southern Springs. 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 t 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 was installed during the construction of Southern Springs. The applicant r ~ shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. ` 2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round r_> >'~ source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to obtaining a certificate of occupancy. 2.4 All existing structures that are required to be removed shall be prior to obtaining certificates of ~f 5~.>; occupancy. 2.5 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 =ir~~ Exhibit B 5 "~ ~' xt~'~~ F<i ~~ ` - i _ ~t a ~ ~ .~. .z ~ _ E h ~ r~~ .- "~tr~ _ ti 3 { K y ~3 ~ ~ r ~.~~~r il~ ~~ ~~' ~ lT/ ee~~E Y S afG. +r:A C~ - t4' , . tii r ~ ^ ~qyp +. ~~ f~c? ~ _;~ k. r "' r :~ ~ ~'~ ~ ~.-i r ~ _ _ r V~F '. x .v,, , h~ N a"{ ~~ I - sit t~t_ ~ +~ u , d , Fw~~s ~ ti ~ ~ ~ .~ ~ ; f ~~ ~ ~ hS ,~ s t~_ ~ ~1 ~ W ' fk .~" 1 ' J S F 1 ~t ~',;~ iC 4 . x '~ ~ s&~ t.. CITY OF MERIDIAN PLANNl~ DEPARTMENT STAFF REPORT FOR THE H1~NG DATE OF APRIL 3, 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 final plat signature. 2.6 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 maybe 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. 2.7 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. 2.8 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 prior to applying for building permits. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to obtaining a certificate of occupancy. ` ~ " ` 2.10 All development improvements, including but not limited to sewer, fencing, micro-paths, ~'~ ~ ;•4 pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. ~" : ;. : 2.11 Applicant shall be required to pay Public Works development plan review, and construction . ;, inspection fees, as determined during the plan review process, prior to obtaining a certificate of occupancy. 173 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. °a 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H. 'rr; 2.15 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. ~y~' 2.16 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 5~-. elevation of the footing is at least 1-foot above. F~ ~ 2.17 The applicants design engineer shall certify that all seepage beds out of the public right- of-way :F ~~• 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 2.18 At the completion of the project, the applicant shall be responsible to submit record drawings "~33, per the City of Meridian AutoCAD standards. These record drawings must be received and ~~5 approved prior to the issuance of a certification of occupancy for any structures within the project. 44^:' 2.19 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical ;v locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light Exhibit B -~,-5-- 3 n, 'Y~` ~~ c r ~,.,. a: i ^~ z V ~~ ;r ~ ~i~. My a :-9 y. ~ ~ F 3 R~. ^I}. l ~! .1 i TA~ i... .>._. .. r.y x3 ~,.:'3 S~ t 1 <k 't W' `. j r rz ~~ .; v ry, 4 fii, Y. .3. ~ . 3-k. 1yt'~.4: ~'. v..~~. .t: ~'~, f .~F .. ~.,n~, . ~°i t, ~ ~< L v. .. tC:..'yc-~'a :~ { ~`~~~- h y'; - {<> ;' <;.'_ :~~ °t; fir' ~+ ~x: _,,: .:~' r. ~~~= r ~~ ;~~,; _. 'rs;~~ ~r~_-._ CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HF~1G DATE OF APRIL 3, 2008 contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above fmish 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 buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 Where a portion of the facility or building hereafter constructed or moved into or within the ~' jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 Comments were not received from the Parks Department on this application. CITY OF MERIDIAN PLANN®DEPARTMENT STAFF REPORT FOR THE HE~IG DATE OF APRIL 3, 2008 C. Required Findings from Unified Development Code 1. Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The proposed building and drive-through facility on this site cannot accommodate and meet all dimensional and development regulations of this district (as amended). The Commission fords that the subject property is not lar eg enou~,h to accommodate the required parkins, landscat~ins and other features required by the ordinance, as currently designed. Therefore, the Commission denied the project. The Commission should 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. b. 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 designation for this property is "Commercial." The proposed use is generally harmonious with the Comprehensive Plan and the UDC (see Section 8 above for more information regarding the requirements for this use). c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that the application is not compatible with other uses in the eg_neral neighborhood or with the existing -and intended character of the vicinity. The General design, construction operation and maintenance of a restaurant with adrive-through should be compatible with other future and existing uses in the general neighborhood and the intended character of the area. The Commission should rely on Staff's analysis, and any oral or written public testimony provided when determining if this site will be compatible with other uses in the general vicinity. d. 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 fords that the applicant does not comply with the conditions outlined in this report• the proposed use may adversely affect other property in the area particularly regarding palking:. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission fords that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation, and ACRD. Exhibit C ;:~ .. t ~ i-f e a. n- Ib~ ~ 'ti ~: ~~~ ~r '~r ~ .ar » r . ~y ~:r Jt~ s~~ ~- ~"', ~~a; •-7 ~ e, Y~~~ N , l .Sf hi ~. 4 ~-~1 ,.s ~ . Vc :fit ~" i y~fr ~ ~~~~~- ~ ; ~ ~a ~ ~~N. 4~ '' '~k ,`r .~F, nor ~ _d ,; ,fP= '~s V - 'l s~~ ~~ . - ' ~, ~:: CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~IG DATE OF APRIL 3, 2008 Based on comments from other agencies and departments, Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. ~:., f. That the proposed use will not create excessive additional costs for public facilities and .._ ~~~ services and will not be detrimental to the economic welfare of the community. :; 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. ~~~_: g. That the proposed- use will not involve activities or processes, materials, equipment and °: ;~~ conditions of operation that will be detrimental to any persons, property or the general ~~ ~ welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. y, ~~;T. The Commission recognizes that traffic and noise will increase with the approval of a restaurant ;;^~"' with adrive-through use in this location; however, the Commission does not believe that the J`.; : ' amount generated will be detrimental to the general welfare of the public. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. ~,~ However, due to the lack of parking and orientation of the building the Commission finds that the proposed use maybe detrimental to people property or the general welfare of the area _~. :r~F;ti h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or ~~,: ~''~ historic feature considered to be of major importance. ~' The Commission finds that there should not be any health, safety or environmental problems associated with this 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. Exhibit C ~y ~1 E ~~ ~` ~~ ~ ~~ -e ~.~' 4 - ~ y t; ~ ~ l F~l[ ki ~ "{~: ~ i ' _ ~, r : ~ ,tit ~: ~ 1 '~ e ~,s ~ 4 ~..•'a ~ it w ~ ~ -rr~`~ .~. ,- ~~K F,:S y~ f ,~~'! y ;A j i .:t }~-.~ 1. n1~ ~l:Ly 4 .~ ~ A ~} ~ 4 t; ~.+~ ~., x,; ~ ~ ~ ~r ~~ }t'~3 i c '~' ,. __ 4, N ~; ~ta 37"r~ » -; x~ r~:;a r ~: ~~ ~ ~ ~ . r` '` y~ .• --~ t - i S` . . Y i '-' RYyc, rte., Ft rt C :h', r x~, k. c o- ,} :~ ;. t ~"~`v ~. , lk ,, R '' .~ • ~~ Ap 28 ~I2008 AZ 08-001 MER ~ IA ~ PLANNING ~ ZONING MEETING May 1, 2008 APPLI _ ~NT Relo Development ITEM NO. 4 REQUEST Continued Public Hearing from March 20, 2008 - Anrnexation and Zoning of 9.06 acres from the RUT & R 1 zoning districts in Ada County to the C-G zoning district for Overland Village - 3330 E. Overland Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet /Attached Minutes ,~':~! CITY ENGINEER: ~'~ CITY PLANNING DIRECTOR: See Attached Staff Report k ~' ~-'`,~'~ CITY ATTORNEY CITY POLICE DEPT: ~i ~~ .t CITY FIRE DEPT: ~~. ''~~' CITY BUILDING DEPT: I ~~ ~~ s ~ ~ ~ CITY WATER DEPT: ...h:. 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: K', INTERMOUNTAIN GAS: .< OTHER: See Attached REVISED Site Plan Contacted: ~Gt,!')')C(,V'~ ~,g~.y~,~~~ Date: ¢ ~~ Phone: 3 - ~~ ;;-~~` Emailed: - f~,p~ 6 ~ ~P ~A Staff Initials: ~/~,~~ s ~4' Materials resented at ublic meetln s shall become ro e P p 9 p p rty of the City of Merldlan. 1 /~ r,~ ~; 7 ~r ~'-. 4 -x ~i ~.~~~ ': .'t ~ S V :; 71;'.y nom,-~, S !' ~. .G ~,'.et y i} { ~ ~~fi.. ~ 4 ~, ~ ~: ti /~, ril , 2008 CUP 08-009 / ER ;IAN PLANNING 8~ ZONING MEETING May 1, 200$ APPLICANT Maverik, InC. ITEM NO. Jr REQUEST Public Hearing -Conditional Use Permit for a convenience store and gas ~~ station in a C-G zoning district per requirement of the Development Agreement for Maverik - NWC of N. Ten Mile Road & W. Ustick Road AGENCY CITY CLERK: CITY ENGINEER: ~:'. rl 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: rt~ NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: COMMENTS See Attached Staff Report r~~- A~p ~'~ No Comment See Attached Comments See Attached Comments See Attached Comments 'V Y~ OTHER: See Sign Posting / No Comment by ITD Contacted: Date: - Phone: ''~ ~l1 /'YG°Dv~i~ Emailed: ~liY1C~~~WIGt L'~P'1 ~ . ~p~ Staff Initials: -- Materials presented at public meetings shall become property of the City of Meridian. .* -v a i 2 ~ ..'-~S ~' ~' ~ ° ~} ~~'ii~ E h ~ ~ ~`^ 1 -'P'1 Q 6.r C ~/'~ l ~} p ~ 5- t4~ ~ -s ' { 4 ~ h , £~ r ~ 1 a a ' i T i: ~ ~ ~ Y ~~ 4 t" :. t ~ 4. Q .Y 7iy~.fQ t v y H. ~ { ~j~r `T i 3 ~ $B` ~,~~ ,tr a ~'`fiu ~ /~ i ~ t ~ ~~ ` ~FfY ~' ~~Z~ ~.f +7 .~ 5 ~ ~~x }ih ~. Y.- s 4 -~ ~ ' ~ HHH"' y Y~ .rt ~ti , +`~ c3 iL , 4 4 y f': ~' (- _ F r t~ j~ ; ~t R'.T [.F ~h R le ~ ? ~ S ~ ~ .k 1~& ~M1~ e' ~ # ~ __' a ~ H~ ~ -+ ~ I~I~ ~ i 1. IS' yM~ i ~'~ , 9 , ~. .. f LJ April , 2 8 CUP 08-007 MERI, AN ~NNING 8~ ZONING MEETING May 1, 2008 APPLICANT Fred Meyer Stores, Inc. ITEM NO. 6 REQUEST Public Hearing -Conditional Use Permit for adrive-thru pharmacy in the ~^ C-G zoning district for Fred Meyer Pharmacy -NEC of N. Locust Glove Rd 8~ E. Fairview Avenue AGENCY COMMENTS -~}, F+~ ~'z' ^~ ~~ CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Staff Report CITY ATTORNEY ~-Q, CITY POLICE DEPT: v ~/O CITY FIRE DEPT: ~Q CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: See- ~4~~ch~ "" vn~e~s CENTRAL DISTRICT HEALTH: No Comment NAMPA MERIDIAN IRRIGATION: See Attached Comments SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See Attached Sign Posting /Letter by Keith Botkin / No Comment by ITD Contacted: Date: Phone: Emailed: no~ ~~~~B~ryiG~ ~~ (~ , ~ Staff Initials: ~j},~-~ Materials presented at p~u?b~lic~meetings shall become property of the City of Meridian. i'YUeG~ x.-: j Y~ h~'-H~ii, `~K ; ^5:' s~ 4: ,~,,.. ~_ `1 2 ,.. ]/ t ,~ :~ ~ =~ rr ~~x ,r ~~ ~ - ~ ~' "fix F < ~-.? ~ ~~E C. a q =, n r-` y f~ Y ~ ~~ ~{ ~ 34 f 41~ ~ 1 Yti ~ t~ R~~: k ~7~ v. S ~ r - ~'~ ~ ;?. '" r L i.. I~ ~.~ i ~/{:k p r y ~ 5'~Y C 1 ti µ~~ ~y { {f ~ ~ fey AT£ 1' 1 ~i{ r ~~~1 ' x ,,, . ~~i t r 1 ~! ~" ... h~. ~ ~. ~ a ~, 3 i V ~~ ~` .. ~1 1~ ,~ ~'~. r t s,~~ ,a l ~=~ April 28, 00 CUP 08-006 `Y MERIDIAN LAN ING & ZONING MEETING May 1, 2008 APPLICANT + ~ rla Smith ITEM NO. 7 ~~ REQUEST Public Hearing -Conditional Use Permit to operate a drinking establishment ~~~ ~ in an existing O-T zoning district for Corkscrews - 729 Main Street AGENCY CITY CLERK: COMMENTS ;'~ CITY ENGINEER: "' CITY PLANNING DIRECTOR: See Attached Staff Report CITY ATTORNEY ~,:': ~: ;. ~~ CITY POLICE DEPT: ,gyp 4, U l,, MM'~~ CITY FIRE DEPT: ._ Y ~ L:: t~•~' • ~' "`' ' CITY BUILDING DEPT: J CITY WATER DEPT: CITY SEWER DEPT: No Comment l CITY PARKS DEPT: ~~``~` MERIDIAN SCHOOL DISTRICT: <`: ,ti.~~ SANITARY SERVICES: ` ADA COUNTY HIGHWAY DISTRICT: See Attached Comments .h CENTRAL DISTRICT HEALTH: See Attached Comments ,; . ~~~, . `~'.r NAMPA MERIDIAN IRRIGATION: See Attached Comments ,.~~ <? ° SETTLERS' IRRIGATION: °"~ IDAHO POWER: ' INTERMOUNTAIN GAS: ~._~ .~: OTHER: See Attached Sign Posting /Letters by Foley Freeman / No Comment by ITD ~~' I^ Contacted: ~,f,Y~ ~~~ Date: Phone: '_~~ Emailed: ~~-IGi~~/.Sh~GGf~'f/'GVial • ~_Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 4Y' . f ' 3 r ,I R v ' I ~ i. ',. $-.n~Y~Jwi~rS~~ F ~. a. -r ~. Y .~r~ ; ~ ~ ~ ~ V 6 {{{~~~}}} -~ yy {# #` '' t i~ -~ ~:~" . t r ~'., ,y4 ~ F. ~ x c x ~ ~ ~ ~' s. ., ivY + ..~ '~ X~ '~ i ~ ~ r }p 3•A~yq' G Ty ~ ~7 a R. ~~ r 't rt~VV~~ l ~ ~~~~~~ 1 j 'i'`.Y IY ~ ~i r~ t 'A 5 a i., ~. ~ ~ ~~ t ~~ ~~ a ~~ s > ~ ~ ~~ ~' ' t: ~ r, {{{ ~_ ;~ Apr RZ 08-001 MER ~ 8~ ZONING MEETING May 1, 2008 APPLICANT Elisha Ricky ITEM NO. S \ REQUEST Public Hearing -Rezone 0.32 acres from R-4 to O-T zo%ing for Trinity Assisted Living - 1353 W. 1st Street ~s AGENCY COMMENTS ~"~ CITY CLERK: `' CITY ENGINEER: ~~~ CITY PLANNING DIRECTOR: See Request for Continuance /Attached Staff Report ` CITY ATTORNEY ~~ CITY POLICE DEPT: ~/ ~`. CITY FIRE DEPT: ~ ,, ~,~ ~' '~'? CITY BUILDING DEPT: "' ~~ ~;- ~' CITY WATER DEPT: ~I ~ =t'~ CITY SEWER DEPT: No Comment CITY PARKS DEPT: ~I', MERIDIAN SCHOOL DISTRICT: r`~`~~ ~ SANITARY SERVICES: ~':: _ ADA COUNTY HIGHWAY DISTRICT: '.'~''~-1 CENTRAL DISTRICT HEALTH: No Comment ~-~~:~ NAMPA MERIDIAN IRRIGATION: See Attached Comments ~~~T ~I SETTLERS' IRRIGATION: r` ~' _:' IDAHO POWER: ~.~ INTERMOUNTAIN GAS: OTHER: See Si n Postln No Comment b ITD 9 9 Y Contacted: Date: Phone: Emailed: Staff Initials: i~{~~ Materials presented at public meetings shall become property of the City of Meridian. n_~`~ ~`~~ _s k + YAs _ x [' ~~ o` G ~. Y ~~ ~'] 5 }~ ~i , ~ - 1.. s x , fi . 1 ~4 ~' t J p F a ~„ ~§~ ~ i 4 ~~~ ~ ~ h _ 4° ~: 9C F ~ ~ @ a t ,.~ S} fi 'c'. 0. yjy~ j wMs~ EEELLL~~~~~~ ~. " ,~x S ~.,w.' ' yi„ .., sc f' v~ ' K a ~ t ~ z ~,.'~nrt ~ ~~~ w ~'~~Rih .. 4_, / 7•:iiVl z i I s 4 7 :'? ~ - : ma,~yy,~ s < > ~, .x ~ F R, t ~ ,- 2 C ~' ~ F q ~ { i .7 Fly - ~yF~ ~ µ, ~ ~ ! ~ h (fi } P.jc. F ~ .~ .~ ,II ~ ~f1' -T ~ ^ ~ ~' t ~ ' , ~ ~~~~ ~ sHM~l~ ~ + {~• 4 t :$ _ ~ ~~ ~µ ~ ~~~N ti .~ ~'C h~ 6~Tnx`~~• ~t ~ , "l P~ S'2 r - ~ ~~ f ?iY ~ ~ ~S 1. 1 G~ ~ I ~~~ ~ • 4r.. . -:.~'. ~^ ~L~ 3. F H Yti~tR 1 1~ } ., _ ~,~r ,. 'x,a G t ~ ~ ' : F 1 • • April 28, 2008 CUP 08-005 MERIDIAN PLANNING & ZONING MEETING May 1, 2008 - APPLICANT Elisha Ricky ITEM NO. 9 REQUEST Public Hearing -Conditional Use Permit to operate a 24-hour Nursing Care Facility in a proposed '~ O-T zoning district and conditional Use approval for a site and building that does not meet the criteria of the Downtown Meridian Design Guidelines for Trinity Assisted Living - 1353 W. 1 st Street AGENCY COMMENTS 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: -:r ~~ ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: i_ NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: ., IDAHO POWER: ''sr :_ I `~~ ~~,.. INTERMOUNTAIN GAS: OTHER: ~'~ ~ Cs~ Q~~ 9q 5'~~ \~P, ~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. { ~~ ~ ~,~ f st ~ ,~„ t ~~ t ~:`~-~ ~'~ ~~ ~, ~~~ - 7 : ~ ~x' 7 ~ 1 r . N... 'tl y; , .,J ~ ., Y~~, . fro; r ~ t L" ~'K l1}~Y - _~~. ~': y ~, 1~ t C~ + ~ ~ z ~ ~ ~ .. e~ F r r e ~i E~ t ~r F ' w t r t ~~ ~ fF ?~ rY~ ~~ ~~ L ~F+3~ 1 `,~ Y, ~~ ~ ~ aiL ° e ~F'.~ -ir ~~ ~ ~. See RZ Packet a~ r,{ ~~; , ~r ac- }~ N y C - ~ ~ x ::, t` - ~~ :'- r~~, ','y it April 2 °. 20 ° ZOA 08-001 MERIDIAN PL ,' NING 8~ ZONING MEETING May 1, 2008 APPLICAN~ L:ity of Meridian Planning Department ITEM NO. ~ O REQUEST Public Hearing -Zoning Ordinance /Unified Developme,Pt Code (UDCJ Text Amendment .. to modify, clean up 8~ add specific sections to the UDC (see application for details of all sections pro- posed for amendments for Unified Development Code Text Amendment #4 AGENCY COMMENTS 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: No Comment by ITD See Attached Staff Report 'm Y v No Comment ~~ No Comment , Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. a.;- :~ r a r; , r ~ 7ai~i'" rn '~ ,~ ~ ~ r Y u' i~ h Y z r ~1 'r ~~ l~ ~ ~ ~~ ~~-i~" x~ ~ ,~ ~'r M ~ a ,~ y~ n i~"/ :~?~fis~l~L i4 v r ,:: r W~ ~f ~ i~ ~{ jy a f'Y ~ ~ 'fq r !` '~ z ~ ~, . ~ ".~~ ~ ~ r z ~,_,r Yi t . ~. ~ ,f ~ n J i rd ~' A t ~~~ L~ E i V ~ y~ d~ r ~ 1 ' ak -;kc- w+< 7 s .fix _ [ l ~~~~~ ~ :a~?~