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2008 05-15i MERIDIAN PLANNING AND ZONING REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, May 15, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: X Tom O'Brien O Wendy Newton-Huckabay X Michael Rohm _X Joe Marshall X David Moe -chairman 2. Adoption of the Agenda: Approve as Amended 3. Consent Agenda: A. Approve Minutes of May 1, 2008 Planning and Zoning Commission Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval: 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: Approve C. Findings of Fact and Conclusions of Law for Approval: 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: Approve D. Findings of Fact and Conclusions of Law for Approval: 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 ~~~~ 4. Continued Public Hearing from May 1, 2008: AZ 08-001. Request for ~~~=~~ Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts r;'`, k in Ada County to the C-G zoning district for Overland Village by Relo 4?N` L Meridian Planning and Zoning Commission Meeting Agenda - May 15, 2008 Page 1 of 2 " , All materials presented at public meetings shall become property of the City of Meridian. '~~`'4''k, 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. ~.. a~~1^ T ~ I SF. 3 ~P` 4 .~,,. ~{ t ~ ~ l~ `^ ~ _ ..tfr ~} ~. a~~~x `.: r~~•~-4~ ~fiz ._ .. ,.~ ..~-h ~1 ~,.~.}. i ~ gyn. d~.ff' ~~ ~, s~~x ~ s t°, .. ^ .~f '~-~ , R ~~ y t y yr _~ ~ t • _ F ~ ~~ ~, ~ E ~ ~'~ , 4" ~ ~ y. f ~; ~~~ .,f '. ~ 4j + P ` ~~'.~ L ~ r 5 -- F i~ f ~ ~ r S { k ~ y )~ ,, l~ J a 1 i -z,~~ ~ ~ Y ~1 w ` 4 ~ 3 1 ' F ~ lj' i h ~ R \~ + w < t~ , t~ ~ ~ P ~ ~ + ~ ~ _r - .. _ 4 t - ,. . Development - 3330 E. Overland Road: Continue Public Hearing to June 5, 2008 5. Continued Public Hearing from May 1, 2008: 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: Recommend Approval to City Council. 6. Continued Public Hearing from May 1, 2008: 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 1N. 1St Street: Recommend Approval to City Council 7. Public Hearing: CUP 08-010 Request for Conditional Use Permit to operate a church from an existing building in an I-L zoning district for Vineyard Christian Fellowship by Randy Rodes - 936 W. Taylor Street: Approve -Prepare Findings "~'~'= 8. Public Hearing: PP 08-004 Request for a Preliminary Plat with 6 j~. =,~; i residential building lots and 1 common lot in an R-8 zone on r ~= approximately 4.7 acres for Maxfield by Cottage Investors, LLC - 3295 E. Falcon Drive: Continue Public Hearing to June 5, 2008 :; . ;.^s Y=~; 9. Public Hearing: CUP 08-008 Request for Conditional Use Permit ~~ approval consisting of Assisted Living Facilities containing 5 buildings with r~ 15 beds in an R-8 zone for the proposed Maxfield Subdivision by ~;n ;, Cottage Investors, LLC - 3295 E. Falcon Drive: Continue Public . Hearing to June 5, 2008 ~~ ~. Meridian Planning and Zoning Commission Meeting Agenda - May 15, 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 Oflice at 888-4433 at least 48 hours prior to the public meeting. tea ~-'~ ~`': ~ ,a ~lca,.~i~~,T ~. ~: ~ ~ ~ ~ ir. ~r,~~ ~~ ~~^ s.~-a 7i ~aaz, rum i~':t r M lyy -. ~ y `.fi i wF •7 h:`~~ ~~h , r +~~ G ~y~~ ~ A rw ,,i~ ktk r ~x=, i c .h ~~' ; S-'i't c.;yY. CL'~ ,~~~ 1 ~ L'rc ~'~;~k ~pl tG at+. ~( rtt t~'iR, .'#kYS ~K ~~k ~' ~b ^~ ~ z s ~ .4~~ ~y 5 F'~~~~5~~ "~ t f . +1. a ~ Y y { ~,~ !n } ~rj'I 0.j. ,. r4 ~~\ fiK~~i Y~ S ~, ~ ,f ~ ~~ s r ~ ~~ I~t,"- f ri:~ ~` ` • ~'`i Y- Rr 1 (! ~T ~ < ' j ~i ' ~ ~--~ y - ~``~: + `• ,rJ c ~ ' ~ w g ~ r ~ ~:. ~4 AK .d f" F.{~ , 1 :,.,, W u ~+ ~; . ::~,~`: ~~~' ~, .: ~~'~ '=: _ f;~ >r ~'a~ s' ~'~ ,.; ~: > . s=;;-. ~, :; ~~- ~f: ~ a ~~~,', r : ~,. r j.:, v. a~ „, .~ f.:~ ~e~. ~~,,. ~~~ -~ ~~ E IDIAN-- MERIDIAN PLANNING AND ZONING ~ REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, May 15, 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 May 1, 2008 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: 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: C. Findings of Fact and Conclusions of Law for Approval: CUP 08-007 Request for Conditional Use Permit fora 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. Findings of Fact and Conclusions of Law for Approval: 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: 4. Continued Public Hearing from May 1, 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: Meridian Planning and Zoning Commission Meeting Agenda - May 15, 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. :. i - 5. Continued Public Hearing from May 1, 2008: RZ 08-001 Request to ~=s`~' Rezone 0.32 acres from R-4 to O-T zone for Trinity Assisted Living by Elisha Ricky - 1353 W. 1St Street: 6. Continued Public Hearing from May 1, 2008: CUP 08-005 Request for ~'I Conditional Use Permit to operate a 24-hour Nursing Care Facility in a >r', proposed O-T zoning district and conditional use approval for a site and ,y~`" building that does not meet the criteria of the Downtown Meridian Design ` Guidelines for Trinity Assisted Living by Elisha Ricky - 1353 W. 1St ~~:~',, ~, Street: 7. Public Hearing: CUP 08-010 Request for Conditional Use Permit to operate a church from an existing building in an I-L zoning district for ,~~~~ Vineyard Christian Fellowship by Randy Rodes - 936 W. Taylor Street: z-::~. •~-, °, 8. Public Hearing: PP 08-004 Request for a Preliminary Plat with 6 ~ ;~ residential building lots and 1 common lot in an R-8 zone on approximately 4.7 acres for Maxfield by Cottage Investors, LLC - 3295 E. Falcon Drive: ' 9. Public Hearing: CUP 08-008 Request for Conditional Use Permit _ approval consisting of Assisted Living Facilities containing 5 buildings with "'` `' 15 beds in an R-8 zone for the proposed Maxfield Subdivision by ~~ Cottage Investors, LLC - 3295 E. Falcon Drive: ~:, ,~ Meridian Planning and Zoning Commission Meeting Agenda - May 15, 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. -~~; ~ ~~ ~ ~~ ~~~~t~~~ s~s~ ~ ` - ~~~ ~~ ~ ~ `~ ~ , ~ •r . ~z . a- ~~2 ~~. Y~hgy ~ d 1 •~~C. ~ ~ 4 ~ f _, L `~~- ,~ t ,y . f, i r rA g ~ . S 1 an `'tin t:7~ 5a 3 ~ ~-~ < h ~ M A f k 5~ :b~, r, ~' {., ~; ~~' ~~ r: 5G 4~~X'.~ ~Z~'1~ ' M ~r~ ~-r ;~?~- ,~ z u ,. ~' ~'^fid F i a r t ~ i j ~- ,4 ti i ~ r. w'r i ~ 3 ~ ": f .. ~ ?W r T r 1 ~ ~ i ,Fk z ~ F ~~' T !"~t f ~~ ~ '~ X " I .~3 .:~, 5 r +~_~ ~` i ~~ ;~_. vim- f ~ ~ - t ~ b" }.pw~ a +~ tR ~ f~/T~C~r,V ,}~ t~ e J ~~, ~j{ ~y~a '~~~ .~4~G' ~r/~ r. ~. ' ~ ~ ~ ; c ,Ni ,~ , h~ K ~ {~f kt t ~~j ~ ~ F~ ^y v (~ C ~ 4 ~'~ ~ ~ / ~ P T 1' k L ~_~.' _ Date/Time LocallD 1 Local ID 2 -r' ~ t` `i~: ;I ~'~`:' II 05-12-2008 2088884218 r;~'. 3 ~-} Total Pages Scanned : 2 ~ ~ Broadcast Report ~ ~ 12:14:14 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 " ~~~YL E IDIAN MERiDWN PLA1~1NiNG AND ZONIId6 # D A N O REGULAR MEETING AGENDA City Council Chambers 33 East tdaho Avenue, Meridian, Idaho Thuraday,114ay 75, 2008 at 7:00 pm. "Although the Clay of Mettdiart no longer requires sworn tesBrnony, all presantatlons before fhs Maymrend Cfl)r Council are expected to be bvthRil and honest to best of the abrGty of the presenter." 1. RoII-call Attendance: Tom O'8rlen Wendy Newton-Huckabay Michael Rohm Joe Marsftafi David Moe -chairman 2, Adoption of the Agenda: 3. Consent Agenda: A. Approve Minutes of May 1, 2008 PlanMng and Zoning Commisa~n Meeting: R. Findings of Fact and Conclusions of Law for Approval: CUP 08.009 Request for Conditional Use Permit for a oonventence store and gas station in a C-G zoning district per requirement of the Deveopment Agrsemertl for Maverlk by Maverick, Inc. - NWC of N. Ten Mit® Road and W. Ustick Road: C. Findings of Fad and Conciuslons of Law for Approval: CUP 08.007 Request far Condffional Use Permit far edriv~-thru pharmacy in the GG zoning district for Frail Meyer Pharmacy b3+ Fred Meyer Stores, !na -NEC of N. Lacust Grove Road arsi E. Fairview Avenue: D. Findings of Fact and Conciuaiorrs o! Law for Approval: CUP 08-006 Request for Conditianai Use Permit to operate a drinking bllehment in an existing O-T zoning dlatrfct for Corkscrews by Marie Smiih - 729 Main Stmt: 4. Cor-tlnued Pubilc Hearing from May 1, 2008: AZ 08-001 Request for Annexaticn and Zoning of 9.08 acres+ from the RUT A R1 zoning districts in Ada County to the C-G zanlrlg diatNd for Averland Viilaae by Relo Development -3330 E. Overland Road: rneaaan ~ and zoning Ganm~lon eAeetMg agenaa - array ts, zoos awe t of z NI materials presented at puGt•o rra;edis~ aha6 6emrcua properly ortho Cdy r~M~rdlan. anyone desbing aaanpnodaean for casatr4~es reed m docurnerNS andlort~arirrg, please eordact fire GHy GOerh'a elflne et 8880433 a< least 48 fM~ere prior A~ N/e publla rrmatlr~. Total Paaes Confirmed : 36 No. Job Remote Station Start Time Duration Pages Llne Mode Job Type Results 001 081 3810160 11:50:18a.m.05-12-2008 00:02:08 212 1 EC HS CP9600 002 081 8989551 11:50:18a.m.05-12-2008 00:00:31 212 1 EC HS CP29600 003 081 2088848723 19:50:18 a.m. 05-12-2008 00:00:25 2/2 1 EC HS CP28800 004 081 8886854 11:50:18a.m.05-12-2008 00:00:26 2/2 1 EC HS CP28800 005 081 2088985501 11:50:18a.m.05-12-2008 00:00:31 Z/2 1 EC HS CP31200 006 081 8467366 11:50:18a.m.05-12-2008 00:00:25 2/2 1 EC HS CP28800 007 081 8950390 11:50:18 a.m. 05-12-2008 00:00:26 2/2 7 EC HS CP33600 s ,. >{r 4 , R-c ~;~ J i, . ~. r fff LLL--- ~', ~ r f:~ ' i t, r k~ S r { ~ v. ~ S -.+ :. fi .. 22 ~: 4 n ~„st v1~'„ ~ ~ `( S yc, j4 y ~~4t 5~,~~_ ~ ~ i ~ ~,• J ,~., 4 a T ~f~~Z ~`' st~i{r,. r ~ ~ S4 v~ a& L . e P ~ ' a ' ~k% ~ p X~Iti A: CjT 1 7ti:' ; ~~ ' r s~" ,r:- ,'C:' ci~ e~ 4+. ,,. ~,.: .; 1 F~ az~&' ~" ~~ ~ ~ . i,. 5~ f ~ :,~ 4 a r k ~~ ~i~ j Yl::n.. - . 1 ~~~1 N ~k~ F _ ~ r ~r,- ,e,r ~~-~. ;;; ~t,. E IDIAN'-- MERIDIAN PLANNING AND ZONING ~~ ~ ~,,~ ~ ® REGULAR MEETING AGENDA =,p- .~.r, k City Council Chambers ~; 33 East Idaho Avenue, Meridian, Idaho Thursday, May 15, 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 ~ s.~ .~ to be truthful and honest to best of the ability of the presenter." .Y 1. Roll-call Attendance: Tom O'Brien ~ Wendy Newton-Huckabay ~. ~ Michael Rohm _,~Joe Marshall _~ David Moe -chairman ~.~ 2. Ado tion of the A enda: rd1/`G QS ~"-'VtG-'I-~CA r.. P 9 ~p 3. Consent Agenda: ~p~gl~~Ve. A. Approve Minutes of May 1, 2008 Planning and Zoning Commission Meeting: ~I`P1~-'d ~o z~; B. Findings of Fact and Conclusions of Law for Approval: 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: z '. ~~~~~ C. Findings of Fact and Conclusions of Law for Approval: CUP ~~~ ~,~ '~}~~'' 08-007 Request for Conditional Use Permit for a drive-thru 6 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: ~~ ~ ~ ~/`c. f ~' D. Findings of Fact and Conclusions of Law for Approval: CUP 08-006 Request for Conditional Use Permit to operate a drinking `~ establishment in an existing O-T zoning district for Corkscrews by :< }3 Marla Smith - 729 Main Street: ~-lo~~ t~ ~~ 4. Continued Public Hearing from May 1, 2008: AZ 08-001 Request for "i 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: C0~ n~.cc. ~ Tuh~ S, ~d8' Meridian Planning and Zoning Commission Meeting Agenda - May 15, 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. ~,~ ~~ ~~ ti ,,5, ter ~.'. ~ - ~ M:~ t , ~ ~~ ~ ~~ ~~~ ;~ ~ ~' ~ I'„ ~ ' ~ . rt~ ~ t f t: ,w: rt i ~ i r • r ~'' ~ 3Y ~~ .~ ~ s'~.~, . r `.1 it aA ~' y "Y~~ '• 3Y: ~~ ~ t~r:~ ~ t^^ yRi yk% „ ~ J ~~ i Y ~;tr , ,~ ,1: i fd~ ~ ~? _ ~ ? 4 TA rl ~y~ i ~~s „~ ~~~' ~'~'' ,~t ~ ~ - ~~I ~ I~' III ~~) '`' ~` } " ~ ~ ~ - ~~,,, ~m• ... _ ,s t 'v,yr 4 ~U r his '~' ~ Y ~ a ~ ~I ~ ~ _ yn ~~~ " , _ ''',~' ~~,s ~ ~ '~'"~~'.~r q r +~~ a `-3 , ~ ~ 35 =~a, :~ 0 0 ~.~ _~ _,~~ 5. Continued Public Hearing from May 1, 2008: IZZ 08-001 Request to ,t = Rezone 0.32 acres from R-4 to O-T zone for Trinity Assisted Living by " : : ~: Elis~/h~a" Ricky -1353 W. 1St Street: ~ " ,,: > Y., ~^~' ~` 6. Continued Public Hearing from May 1, 2008: 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: l2~Go~vl hn~tn ~- ~!/l f 'D l/Gr-e ~fj C~ J~ ~D~l~"~ Fx, ;~~, ~ 7. Public Hearing: CUP 08-010 Request for Conditional Use Permit to ~` ~~ operate a church from an existing building in an I-L zoning district for Vineyard Christian Fellowship by Randy Rodes - 936 W. Taylor Street: - ~(~ v~ ~. 8. Public Hearing: PP 08-004 Request for a Preliminary Plat with 6 ~' residential building lots and 1 common lot in an R-8 zone on f<=- }~_ ~_ approximately 4.7 acres for Maxfield by Cottage Investors, LLC - 3295 ~~ E. Falcon Drive: (~' r~ -fi h u-e ~~ ~'e f-~cad'~ vt~ '~ ~/~ e S, at D0 8. 9. Public Hearing: CUP 08-008 Request for Conditional Use Permit approval consisting of Assisted Living Facilities containing 5 buildings with ~` ; 15 beds in an R-8 zone for the proposed Maxfield Subdivision by Cottage Investors, LLC - 3295 E. Falcon Drive: ~~ ~~1.~'nu~ I~r,~Gr'c l-~ecu~ ~ ~ ~Ju.he 5/ aDD ~ ~}, ~:~ ~r°:.; ~„ _~~ ,;-0. ~ 4. ' -I . R: }r i -'; .. Meridian Planning and Zoning Commission Meeting Agenda - May 15, 2008 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. "`' i Anyone desiring accommodation for disabilities related to documents and/or hearing, a~° ,. ~., please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1 ~ ~ ~~ ~'~ ~ r ~~..: ,, °~., ~~ r, ~'y.~__ 4T ' ,~ ~•y',„ ', ~_~~ . T-:,. ._ ~Q f -~:c. .- ~.,. _t :~<~ M ,.. ~,,, ; ~.t~. =. ;. ~:%l'~u~.~.f :': ._,s ,.; ~;: v~ . ,ti. 'rw~~xw E IDIAN~^-- MERIDIAN PLANNING AND ZONING 0 ~, A REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, May 15, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: X Tom O'Brien O Wendy Newton-Huckabay X Michael Rohm _X Joe Marshall X David Moe -chairman 2. Adoption of the Agenda: Approve as Amended 3. Consent Agenda: A. Approve Minutes of May 1, 2008 Planning and Zoning Commission Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval: 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: Approve C. Findings of Fact and Conclusions of Law for Approval: 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: Approve D. Findings of Fact and Conclusions of Law for Approval: 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 4. Continued Public Hearing from May 1, 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 Meridian Planning and Zoning Commission Meeting Agenda - May 15, 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. ~, _ '9~~.-~c -'~ i%~ 1 ~ f x'45-~} ~'~5 ski ~ i ~~iki° f _t~~ N ~ 3~ q fi ~~~~~+~ ~.y' , ~. .. d ,L , W '1 ~a V5 'd " p.'~ A 3 J, ~ by kG } - ~ _r i?''rL.t ti p~9y r~.+ '~ it w ~ ~ ~~.41 ft ~ti i _ _ 4 a ( ~. >~ ~;' s~ ~ 9.. s ~ 'h 1 a ~ ~~i ~ ~ ~'?4"`•K~ ~ i e»s~.~ ~'' ~ ~ 1,~ `~'1 vri `' .. ~. _ ~ i ~ a~ a._r~m~xaa+~~~~. .r ~4,~:~',~r,¢ ~4..~+~ti .f ~ .:,~~~~..,r-:~~~iz>~~3 ~~ - iv~f`., ~ - - ~ ~ ~ ~ :~ rt ~ `' '~ ~ - _ ~~ ., ii; ~ t ~-~~t74 yyr~ _ .. ~, X63 _ }~ i,~! ~ G C Z i ~ ,~F F ~#~ 'a i~u~`i'~~ !~'+~ 1 r:. ' ~ ti p ns T - ~r 'F1 ~e Ka .,~ t ~ i~.st<,: d9t~i~~~`»~~ ~~~'i. ~~'• { '~;';~ ~~ ~ i '~.'~ tv fir} ~ r fS~;'av ~ ;' + _ ~. :. k - '1~ ~ ~ r 7 - ~3 b ~ ~r~~V i •_ ?~ , _ .try F..~ rz ci ~ ~ 7 .t -•d r ~.. { ~~~ a ~':: ,. { -:-' 1~ b~M~x~~ ..~ F ~'~Y;~'t~ ~r+, Cr4y;T ~ V'~js i ,5+'_.}rt m~i.,:%~ ~ lam. _ .. ~ Y ~_'Z t ~, -''. ~.`1'` ~t.~~~'` ai ~:~ ~; .t', ~a~R'*#~f-~ 'T>~t~~?i .~'!g~5! ~'yb.~~ ,~..`3'ai~', i£-1-`f+f"`~.}J~'.s=~~+1,`~'. :•{•.. ~"+ tiq Fri' s~ ~s _ ~ r., ... 4 S;t~ ~i'"'A~ y _ ~~ T y2 4 i~6,i 'p~ tl '. ~~~~ ~~ ~ iv ya _ ,}~ ~3'h 1 t~4~ Y `Sai 4S "?~ ~'f?1~t'~r.~ s ~ t,. T. .C G .'M"^ r F .ei.'j;'~l T . : ~5~ t 3 Ssx ~ a .~i: ~ ~ ~ 1- ~ ~ ~~_ 22_. "' ~ e- Yx a ,~~ A,~','. ^~~.~.. 0 o Development - 3330 E. Overland Road: Continue Public Hearing to June 5, 2008 , ~ 5. Continued Public Hearing from May 1, 2008: RZ 08-001 Request to .. `~~ ~; - 32 acres from R-4 to O-T zone for Trinity Assisted Living by Rezone 0 ~~ ~~ . Elisha Ricky - 1353 W. 1St Street: Recommend Approval to City ~f~~ Council 6. Continued Public Hearing from May 1, 2008: CUP 08-005 Request for r; 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 ' '=k~=~ building that does not meet the criteria of the Downtown Meridian Design -;- *. Guidelines for Trinity Assisted Living by Elisha Ricky - 1353 W. 1St :-~,~:. Street: Recommend Approval to City Council r tk-~, 7. Public Hearing: CUP 08-010 Request for Conditional Use Permit to operate a church from an existing building in an I-L zoning district for Vineyard Christian Fellowship by Randy Rodes - 936 W. Taylor Street: Approve -Prepare Findings ~~ 8. Public Hearing: PP 08-004 Request for a Preliminary Plat with 6 r~~ ~~ - ~~.~~ residential building lots and 1 common lot in an R-8 zone on approximately 4.7 acres for Maxfield by Cottage Investors, LLC - 3295 = ._: E. Falcon Drive: Continue Public Hearing to June 5, 2008 9. Public Hearing: CUP 08-008 Request for Conditional Use Permit ~' v approval consisting of Assisted Living Facilities containing 5 buildings with 15 beds in an R-8 zone for the proposed Maxfield Subdivision by 5, ` :~ Cottage Investors, LLC - 3295 E. Falcon Drive: Continue Public _ ~µ-`~ Hearing to June 5, 2008 ~. ".rfs. .}y, ry ~~ ~~ ~ i~~ ii Meridian Planning and Zoning Commission Meeting Agenda - May 15, 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, a;;~'~ please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. -:~_ ~~«.~. >F rr - s, f;l ~i ~~; .. '<. F'•. to - _{t~'~. •'.~7~-. .~,; ~ ~~-~. ~, 3 .~. ,~ 'M ~''= a r 1. i4Y ~: __F...~. ~.. ~~: ~`ti~ ,: {, ^, ._ "; ;:2 ~~:•~':~F'u-' :': t'~ ,;: ,.~ tv ^ti~ ~~~ :u;; Broadcast Report Date/Time OS-16-2008 09:15:19a.m. TransmltHeaderText CltyofMerldlanidaho 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'1~'~ E IDIA~T MiERtDIAN PLANNENG AND ZONING IDAHO REGULAit MEETING AGENDA City Caunell Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday. May 1S, 2008 at 7:00 p.m. AHhough fhe City aflbleridien rro tonger nequtres sworn testhnany, alt presentatlons before the Mayor and City Council are expected • to be truthful and honest to best of 6he ability of fhe presenter.' 1. Roll-tail Attendance: X Tom O'Brien O____wendy Nawtan-Huckalaay „~X~ Michael Rohm X Joe Marshall ,,,,.X David Mae -chairmen 2. AdoptJon of the Agenda: Approve as Amended 3. Corrserrt Agenda: A. Approve Minutes of May 1, 2008 Panning and Zoning Commission Meetlng: Approve B. Findings of Fact and Conclusions of Law for Approval: CUP 08009 Request for Conditional Use Permit for a convenlerxs store and gas station in a C-G mnd~g district per r~ulrement of the Development Agreement for Maverlk by Maveddc, Ina - NWC of N. Ten Mile Road and W. Ustick Road: Approve C. Findings of Fact and Conclusions of Law for Approval: CUP 08.007 Request for Conditional Use Permit for adrive-ihru pham~acy in fire C-G zaning dtstrid for Fred Meyer Pharmacy by Fred Meyer Stores, Inc. -NEC at N. Locust l3rove Road and E. Fairview Avenue: Approve D. Findings of Fad and Conciusiot~ of Law for Approval: CUP 08 908 Request for Conditional Use Permit to operate a drinking estabiishnrsrtt to an existing Q-T zoning dlstrld for Corkscrews by Marie Smith - 729 Main Street Approve 4. Continued Public Hearing from May i, 2008: AZ 08.001 Request for Annexation and Zoning of 9.06 acres from the RUT b R9 zoning disMds in Ada Courrty to the C-G zoning district for Overland diltaste by Relo Merh9an WarHUig end ZaMng t,otntnTgBtOn rdseUng Age~6 - Meg 16.2888 Pegs 1 of Z M matedela presented et pubttc m~atft~gs shaA became property a4 thet~ty of Mertd~. Anyone scaommodetion'Pa dfeabali~e reload to deturneMs and/or Naering, plEase oontaa lire Cledc'e Oflloe et 8684433 et (east 46 hvura Wiw'to Hte ptibAo maethtg. 1 Tatal Pages Scanned ~ 2 Total Paaes Confirmed : 36 No. Job Remote Station Start Tlme Duration Pages Llne Mode Job Type Results 001 087 3810160 08:50:25 a.m. 05-16-2008 00:02:13 212 1 EC HS CP9600 002 087 8989551 08:50:25 a.m. 05-16-2008 00:00:34 2!2 1 EC HS CP19200 003 087 2088848723 08:50:25a.m.05-16-2008 00:00:27 2/2 1 EC HS CP28800 004 087 8886854 08:50:25 a.m. OS-16-2008 00:00:25 212 1 EC HS CP31200 005 087 2088985501 08:50:25 a.m. 05-16-2008 00:00:33 212 1 EC HS CP28800 006 087 8467366 08:50:25a.m.05-16-2008 00:00:27 2/2 1 EC HS CP28800 007 087 8950390 08:50:25 a.m. 05-16-2008 00:00:26 2/2 1 EC HS CP28800 ~°~~ ;~~., ~:;. ~~; , ~;: ~,~~:.. ~` :; 7 } rA- ~ ' ~.,~z'1G _ _ /Cti'~~...'t'~. t, `, ~> ;~ ~~ ~, ,~ T, .. ~,~~j~'~: ~,, ~_ ~~~~ ;fir :' ; s Meridian Planning and Zoning Meeting May 15 2008 Meeting of the Meridian Planning and Zoning Commission of May 15, 2008, was called to order at 7:00 p.m. by Chairman David Moe. Members Present: Chairman David Moe, Commissioner Joe Marshall, .Commissioner Michael Rohm, and Commissioner Tom O'Brien. Members Absent: Vice-Chairman Wendy Newton-Huckabay. Others Present: Ted Baird, Machelle Hill, Bill Parson, Scott Steckline and Dean Willis. Item 1: Roll-Call Attendance: Roll-call O 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 the date of May 15th. I'd like to call the meeting to order and ask the clerk to call roll, please. Item 2: Adoption of the Agenda: Moe: The next item on the agenda is the adoption of the agenda. We are filling up here, so there are some changes to our agenda. I want to go over those if I could, please. On Item No. 4, which is AZ 08-001 for Overland Village, that hearing has been continued -- will be continued again to the 5th of June and once we get into the meeting we will, then, continue that one. Also on the agenda, Items No. 8 and 9, Public Hearing PP 08-004 and CUP 08-008 for Maxfield Subdivision will also be continued this evening and heard on June the 5th as well. So, both those hearings will not be tonight. So, at this time can I get a motion to accept the revised agenda? Rohm: So moved. Marshall: Second. Moe. It has been moved and seconded to approve to accept the adopted agenda. All those in favor say aye. Opposed same sign? Great. That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 3: Consent Agenda: ~~~ ~., ~; Meridian Planning & Zoning May 15, 2008 Page 2 of 18 '`i A. Approve Minutes of May 1, 2008 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP x~" ', 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: C. Findings of Fact and Conclusions of Law for Approval: 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. Findings of Fact and Conclusions of Law for Approval: 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: `~" Moe: Next item on the agenda is our Consent Agenda. There is four items on that. First would be the approval of our meeting minutes of May 1st, 2008. Second item would be Findings of Fact and Conclusions of Law for approval of CUP 08-009 for Maverick. Next item would be the Findings of Fact and Conclusions of Law for approval ~,; ~;~., of CUP 08-004 for Fred Meyer Pharmacy. And the last item is the Findings of Fact and ~~~""' Conclusions of Law for approval of CUP 08-006 for Corkscrews. Are there any `:~~,:,~ discussions or changes in the Consent Agenda? O'Brien: None here. Moe: Okay. Can I get a motion to approve the Consent Agenda? O'Brien: So moved. Marshall: Second. ~. _~. Moe: It's been moved and seconded to approve the Consent Agenda. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 4: Continued Public Hearing from May 1, 2008: AZ 08-001 Request for f` 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: ~.,~.~~. ..; qz ;ti, {cr,~ r`~f=' x .>' k, ,~ ~ _ z e~ ~ ' i r~ •" , i ;~;' J, A~ T J~ ' Y ` ~,k , _ ~ r~ jq; . ~ ~ " ~ ~' f _ S t ~* ;t'-, ~ F N = Y[ l 1~ _ tl ~1 5 `J~. 1 ~ t": ~ `~ h.r~ 3, ~ ~ ~ x ._ . -. <. ~tH ' ;;~. ~ ~ Meridian Planning & Zoning May 15, 2008 rt _ , Page 3 of 18 s:x` .r Moe: We are just moving right along here. The next item on the agenda, then, will be to open the continued Public Hearing of AZ 08-004 for Overland Village and continue it _,,` - to the regularly scheduled meeting of June 5th, 2008. Can Iget amotion -- "`~{ ~ Rohm: So moved. ' '~~,~ -~ O'Brien: Second. ~ ~~~ ~ Marshall: Second. k ` Moe: It's been moved and seconded to continue AZ 08-001 for Overland Village to the regularly scheduled meeting of June 5th, 2008. All those in favor say aye. Opposed ~~ ~~:~ 1' i~{- r, same sign? That motion carries. ~ ;'',' I, MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Now, before I do open the next hearing, there are some folks in the audience that r I don't think I have seen here, so, basically, I just kind of want to give you a -- just a brief ' explanation of what will happen tonight and we will go from there. I will open the ~~ 4~:k~ hearing, at which time the staff will give a brief overview of the item, at which time, then, ~''"*' after staff has made their presentation the applicant will be asked to come forward. The ,~~{-;~ s~ :'. applicant will have 15 minutes to, basically, explain their project and discuss whatever ~~;-x` ;' the staff had come up with as well and answer some questions of Commission if they are asked at that time. After that, if there are sign-ups in the back, if you have signed u and want to s eak an one in the audience will be allowed three minutes to come I, P p Y , forward and ask questions at that and express their concerns as well. After all the folks that have signed up have come forward, I will ask, once again, if there is anyone else in i y."' the audience that would like to speak and you will also, then, get your three minutes to y~ ~ fi #;;~~~-~ speak as well. After that is done, then, the applicant will be asked to come back up again and, basically, answer any questions that came up through that process and rebut ~~ anything there. After that point, then, we will make decisions at that time. Item 5: Continued Public Hearing from May 1, 2008: 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 6: Continued Public Hearing from May 1, 2008: 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: ,~.X ~~~~>~ Moe: So, having said that now, we will, then, open the continued Public Hearing for AZ '~~ ~ 08-001 and CUP 08-005 for Trinity Assisted Living and have the staff report, please. tk Mi; ,~ »1.:~.~, '~. , a }r, ~~R'st1".~~ . I ~.e f},{ ~ R ~ z- `+ '~'~:' ,~ 4 , ! y:' Y t ~ p ''-~~r Tan _. _ - ~ ~ t ~ S~.Y - . Y 1 J :. .r,~ Jr :, ' w . ~ ~ z fi#~ ..;y- y 5 1 t r y~ ~ ~ '~ t .a t~~ ~ ,Z y ;~ , t S y ~J~ •~~ _' :~-t 7 r i. ~ 3 }y ..^,S y ~ }: J L' 1 f: Y ~ i It ! .{ ^S ` ~ ~ ~ i, ' ~ ¢ Meridian Planning & Zoning ~- " s May 15, 2008 ~= ~ Page 4 of 18 4 Parsons: Thank you, Mr. Chairman, Members of the Commission, the application ~~ ~"~ `~'~ ~ before you tonight are a rezone of 0.32 acres from R-4, low density residential, to Old ~ ~ ~ ~ "~ Town -- OT, Old Town zoning district, and Conditional Use Permit approval for two UDC k~,- ~ 1= " '~~ f requirements. One to operate a 24 hour nursing care facility in a proposed Old Town t~`< a zoning district and, two, to construct a new 2,100 square foot addition to the existing `~ residence that does not meet the downtown Meridian guidelines. The applicant is t:~' ~ s ~ ~ ~ ~ requesting a rezone because nursing care facilities are not a permitted use in the R-4 _ ~~; ' ~ zoning district. If you look up at the zoning map, the site is located at 1353 West 5th , < Street. As you can see there, all the residents surrounding the property are zoned R-4. A~' ' ~ ~~ The aerial view of the site shows the existing residents as proposed to be expanded as ~' ~~ part of the project. I know it's kind of tough to see there, but this house currently sits '~`' ~ ~ ~, ~ right back there along the rear property boundary. Because the property is located -- ~ ~ ~ ~'~ `~ ~ 100 square foot addition. The Excuse me. The applicant is proposing a new 2 oh .~ `..° , . i i ~ " st ng square footage of the facility will be approximately 4,300 square feet. The ex ~"= ` building is currently operating as an eight person residential care facility and the owner 5 ~° is proposing to expand her business to operate as a 16 patient nursing care facility. _~ ~ Because this property is located in the Old Town zoning district, all new structures are -~ _ ° `~ '. required to comply with design guidelines per the downtown Meridian guidelines. ~~ ~;~ +~ ~ Because the site and proposed building does not comply -- excuse me. Staff has ~, ,; - ..~ ,, included that analysis in Section 10 of the staff report detailing which guidelines the r , t:= .~. '" applicant does and does not comply with. In addition, the UDC requires .5 spaces per x{ ~ dwelling unit for nursing and residential care facilities. On the submitted site and (b `~?; landscape plan before you the applicant has complied with the parking requirements of ;~ V the UDC and has provided eight parking stalls. So, up here -- here is the landscaping ~ ; _ t ~ ~ site plan for the site. Here are the eight parking stalls that are currently there, but they , ~, _ . °~ ~ ~ : ;` are just proposing to stripe them and bring it into conformance with the current code. ' : ~'~" , , ~ ~ ~. They are also proposing to add those planter islands at the end of those parking stalls ~ ~~; ' ~ ~' as well. However, the applicant is proposing perma bark as the primary ground cover g, :~,; ~~' ~` _ ~~ -~ ' along the north side of the property. The use of perma bark as the only ground cover is '~ _ .. '~ ° .^ ' prohibited by the UDC. The submitted site and landscape plan shows perma bark to be t ~ used along the east and north side of the building. The applicant is proposing trees and ~:'~ ~ shrubs along the east side of this site. However, shrubs are proposed along the north .~ side of the foundation of the 2,100 square foot addition. Staff has conditioned the " applicant with the following requirements. One. Provide additional trees and additional ~r ~ ~ .L`~r ~ -~a plantings touching at 70 percent of maturity or plant four additional trees and replace the ` ~ ~ ~' " perma bark along the northern boundary with lawn. Furthermore, staff believes that ~:`~` ? _ r~ ~ additional trees, one every 35 linear feet, should be planted along the west and south to a, `- - x~ . provide additional screening for the residents along those boundaries. So, to sum that -_ up, right now this is what the applicant's proposing to show on the land. This is perma `" as I mentioned. Here is the foundation bark located here with the trees and the shrubs ~ . P :~ ~ , plantings that I referenced. And, then, this location here is primarily just perma bark. ~,, : { `;~ :. No additional plantings or anything else. So, what I have done is either they add some . ,° ~ ~;¢ - trees and shrubs there touching at 70 percent of maturity or they can just plant four M `5" . .~: ~r and we can call it good and comply with that condition. Also, put in some lawn trees ; , , F ~ with the specific standards of nursing and residential care facilities, it states that they ' ~ ,,, ~ ' should provide abuffer -- like if they are .going to house any Alzheimer's patients or '~~ ,~~ t- ~.:: zf ~ .~ y {._ ~ :_ ~ ~ ,~ ; ,.~:~~ ~ 3 t a s ~,'~I ~ ~. nr,~ ~ ~"El~'2; ~~ e ~~ ~'r Rv ~~ ~~ ~t t ~rt - ~ ~ ~ ' ~ ~ ~ stir, , ur ~ ~ L ~ d.~n, ~iC'f ~ - -_ s r '. {' ~ ~, ~d. s~~ a rke 6h~ ~'~'x~ 4~x"~1 p 't"~`~ ~ . ~ ~, k : - ~~ ` r ` ~t ~ y. ~ F Y 1~ ~ {^ '~ 3 '~I~yy,.~~~ 4 ~ 1 t x ',1! ;~:: i ~ " b'yif''a~Y~ s r~ 1~'C~ 1 + ~ h t' r+3a~'~.1f§f''!*~~ .ilM1~ ~f 4 ~~~ ~ ~. iC ''Y ~ ;s. 7t' ~ ~ a j: „ ~.. P ~' ~ F4' C m ~ 1 _~x1Y ~1 ; $ fi'`]'` c J„r E ~ ~ .. ~ s"~- ~ y ri ~ .. .. . ,~ -vrtr~.:a~h~'--~»~.~'lS' i>X~~'fi4?~~`/~,`1~i.~Z ~ ,~:~%~!` k ~ :'r9~ N3'tl.~jf ~ ~. 1 r G . , - ~ - . r., r ~ ~ i ~ , r ,2, ~ Y ` _ l 7 1:t t I. ~'.Q~ ~~ L L ~ ~ ~ t -W ~ ~ ~ fi ' ~ ] f S ~,j.{ r „}!~} ~ v Y,. l ~ t '4 h 'S "Yk \ R F :~( ~ ,~ t YL .~,3 .Y "~~ h" ~4., '~`~ixw g ~ ~'" * r - ~ K 7t~ (~,{~A fit. (€~~!~~7f,! y'6'!r ~ ,~ h C!~ ' ~ C 1-~1` ` ~r.3., f ~~ ~ ~t~. .17..~ ~ ~ r. P ~ x i r ¢~". K.r Ti' r i rry~ 8 ..f ¢ a ~, h ~'', ~ y/ ~~~ G ~ f f.. r f~ F~ -h rt # ^,~~'`'y~,.'"~{~"%~~~, ~ #~p,.5 ~ .~i, ~7 ~,1y",y'` p"• ~Y - .. fF ~,;r ~ s. r „ k n -'~`L~,_'~~~~'~~ ,StY}2L '~ ~:`t ~3 .;~-r1"lt =F~ia'~-~E ff'E:1f t "' ~: } F . .y 3'I t i', y c £r ,a i4 tz ysyi- ~ r~' ~, y 3 zy ~.a~ ., r f :' . ..~' ~ .. ~ ,_.. yryh..a ~ Ot{,:~71.u Lx1G{H~n'( ? T y1~ kA; ~ 4 ~ ! iv~~~ki :~J' ~ a ~ ~ ~ .~- ~ ~fi f3 ti '~ C ~'Y r ~ ~ ~ 9~9~§§ - .y r~ "~~ fi'x4 _ bt 1, v 't ~ ~N ~~~ _ Tyj. DS,~ra~ l4 y, jf ~i1 h "Y'2 ~ '~' ~Y i _ .~ _ .: ,y. : i ~ i t ~- ~ I~ -~.~ ~ r t ~~~ ~ ~ _. .~ ~: . , . ° ; ~' tr 4` ~ ° ~ ~ 't ]3 f1A~~~yy, _~ty ~v•~~, 4xf 4+ ~;~+7~~~45}"N ,R '~ ''$" ~ earn ~~ ± ~ H 4; a~ ~ t! ~cr' N. ~ ~ ~~r ^~-~.~ 9~~s.3 rnT ~J .'~t ~ - '_ .~ , f ". { ^f. - i ~ ~ l ~~ h S S t wit ~ ti` .YY~ ~ x a it F 1ti ~ - ~ !i _ x t . f ~ ~~s t• '~ b Y. r t ~~, s ti - n 7 s+~ v ~ f i, f ~ :.ti T i r~ Sn + _1.2 to ~~ ~p ~k9~ } f~ 4 x P ~7 "L''' ~ y ,. "^ . iY '- .r -~` ~<; :'~`. . ;~.~x =- ;~ Meridian Planning & Zoning May 15, 2008 Page 5 of 18 dementia patients, they should have some kind of six feet screening to keep those people on the -- contain them on the property. Right now the site is currently surrounded -- has an existing chain link fence with slats along around it. The applicant is proposing to remove the front portion of the chain link fence and put up a four foot vinyl fence and that's why I have these -- kind of these references here to kind of try to explain what I have done, is in the staff report condition them to add six foot vinyl here along this portion and this portion, so that in the future they -- if they want to have those kind of patients on the facility, they will be in compliance with the UDC. Building elevations for the proposed building were submitted with this application. Exterior materials are proposed to be masonite siding and architectural shingles to match the existing structure on the site. Because the submitted elevations do not comply with the majority of the downtown Meridian guidelines, the project is subject to CUP approval. Staff believes the applicant should add additional architectural features to the east facing elevation. Staff has conditioned the applicant to increase the three window sizes to a three by three and add brick and stone accents along the entire east facade of the building. So, basically, this is the street facing elevation that I'm referencing. I'd ask the applicant -- or conditioned it in the staff report that they increase these window sizes and add some kind of brick and stone accent along that front facade, too, to add to the varying building materials as specified in the downtown Meridian guidelines. Staff is recommending approval of the subject rezone and CUP for Trinity Assisted Living, with conditions listed in Exhibit B. This concludes my presentation and I stand for questions the Commission may have regarding the project. Moe: Any questions of staff at this time? O'Brien: I have one question, Mr. Chairman. Moe: Mr. O'Brien. O'Brien: Bill, on the parking out front, what is the length of those parking spaces currently? Parsons: Mr. Chairman, Commissioner O'Brien, those stalls are to UDC requirements, which are nine by 19. O'Brien: Nineteen? And how wide is the street there? As I understand it, it might be a -- you're requesting them to put signs up against in front to -- Parsons: That is correct. O'Brien: -- beware? Is that good enough? I don't know. Parson: The reason why I asked for the signage in the staff report is because they will be backing across the sidewalk and I want to make sure those persons that come to visit those patients are aware that there are pedestrians behind them, so make -- just be cautious. i ~,uq sF ~!^t1nF~/ ~yri. :ate 'J pia ~ n.. ~, v4. ,. . : ... ~ M I yt f 1 k u ~ .." ` t '. ~ t .` ~ ~7 1 i .a .>;: 4 k ~ 1 . °` 1 i f . ~ t r _ i~, -. ~ .. ~s ~ 4 ~. ^h ~ -. J ~,i., k'~ ~ ' ~ ~ - ~ . ~6 s+ ~ g c 3.: ~ ~ ~ nS }; .~ . ~ rq: ~'~ 7t Y~~ ti S ~ , S , T_ ~, ~ , } f ~+"~ G - ~-.f- ' {~ ~ '1~ y C._`^ .~~~;. 1 ~Ni ,. 4 a ~~- '; ,,y=~, _ , r~ '; ~f.'S ~. ~ '. .~~•"~•Y a'.. ;. . ~.; r ., ~; , ~ __,,~ ;.~; _ ;-~ , ~: _,, I~ _ M ~~ ~,,,~~ p :. ~:y~; ,,~,; a, ~.', ,: v `1; ,a_ -~~~~ ~; ',' •~,, ~u ~ , ::> ~: Meridian Planning & Zoning May 15, 2008 Page 6 of 18 O'Brien: Has there been a traffic study at all done on that, on the amount of traffic for both pedestrian and vehicles? Parsons: I do not believe so. Nothing -- ACHD didn't have any comments on the project. O'Brien: Has the police department reviewed this, then, I assume? Parsons: Yes, they have. I'd have to look at their staff report to see what they had required. I believe they had no comment on the application as well. O'Brien: All right. Thanks. That's all I had. Moe: Any other questions? Okay. Would the applicant like to come forward? When you come up, state your name and address, please. McCleary: Doug McCleary. I am representing Trinity Assisted Living. I'm with Chesapeake Construction, 14469 Big Hom Drive, Nampa, Idaho. Moe: Okay. McCleary: We are proposing, as staff -- as staff has mentioned, a 2,100 square foot addition to the assisted living center currently right now. This building will be constructed with stick construction, with masonite siding and the roof will match the existing. We are -- we going to understand and comply with what the staff has recommended additionally for approval of the rezone and the CUP. Moe: All conditions of the staff report you're in agreement with? McCleary: Yes. Yes. We will understand and comply with all of those -- all of those recommendations. Moe: Okay. McCleary: So, there was -- there was one mention with the -- with the garbage disposal and I had talked with Doug and we had confirmed on the site drawing we show totes, but we will be putting in a three yard dumpster to comply with that requirement from the Sanitation Department. We won't need to change the site drawing, because the enclosure will fit the• -- will fit the dumpster just fine, so -- other than just -- just building this facility, I feel as a representative of Trinity Assisted Living that this is a -- this is a business that is going to be in need and that the area would meet and the buildings when it is done will actually beautify that street and will -- will, hopefully, set a standard for any other improvements that may be on that street. Moe: Any other questions? ~~:: _x~ _ ' di n Plannin & Zonin Men a g g May 15, 2008 Page 7 of 18 '~~' ~~~`~_- Rohm: No questions. "~ ~,~; '" ~ ~ Moe: Okay. Great. Thank you. We do have some people that have signed up. Helda? Hilda. Okay. Would you like to speak? From the audience she's been spoken for. Gale Wilde. ~: _~~; Wilde: Good evening. I will be brief, but I am the -- ~~ ~ ' " ` ~ Moe: Please put your name and address, please. - 5 ~ ~`?~. Wilde: My name is Gale Wilde. 1319 West 1st. I own the two duplexes just to the south of this property and I really oppose expansion of this facility in what is currently a residential neighborhood. It will really affect the window views and patio usage of my tenants in those two buildings, as well as create additional traffic in what already is a ._ „ busy traffic area at times. That's my comment. Moe: Okay. ~` ~'~" Rohm: I have a question for you. Are you familiar with Old Town at all and the city's "° desire to incorporate that particular section of town into kind of a business district? Wilde: Not really. I just wondered what the property taxes that go to the urban renewal district go for on our property taxes, but -- {.~ K~; `~ Rohm: Uh-huh. Okay. All right. Thank you. " ~~-~ Wilde: Can you answer that question? Rohm: We don't get involved in the tax side of things, but thanks. ~~~ Moe: Thank you. Also signed up -- is it Dathan Cole. I did that right? ~; ~.:w Cole: You did it right. I'm proud. i~# ryes-"''.P~ Moe: There you go. On the record, too. Cole: Dathan Cole. 652 East Idaho Avenue. I have lived in Meridian -- well, I have lived in Idaho pretty much all my life. Was gone for awhile, moved out here to Meridian. `~y' Been here for four years now. Work over at Lumberman's. Driving down West 1st, saw the big sign, had no idea it was an assisted living facility. None whatsoever. Been in ~~; ,~ ,~~ the area, never even realized it was there. Did a little research on it. I think it's a good , idea that we have something like that in these neighborhoods. I would rather have something like this for my grandparents to go to if they needed it, than into a bigger run hospital -- than something like that. It seemed very quaint, very small. I have actually been -- I actually went in and visited the place. Yeah, it was an open door policy where .~~ . ; ._F; ~. ~ R ' :"~ ,_~:~ , ~ ~~ ;; w 1 ~ ~ ',; -~ rs:~ rw~, rig.. :_ ~~ . ~. .,, >:~: ~ ;..,~z, ,: r:;- -;~ti, x.~ ~; ~~ Meridian Planning & Zoning May 15, 2008 Page 8 of 18 I was able to just walk in and her employees showed me around. The properties look big. The rooms -- everything seemed nice. It was just really nice. It was just really nice to see something like that in a neighborhood like that and I never knew it was anything different. That's it. I just think it's a great idea to have this so later down the road I have something better for my parents. Rohm: Thank you. Cole: Thank you. Moe: Any questions? Okay. Thank you very much. Next on the list would be John Cole. J.Cole: Mr. Commissioner, Councilmen, I am for this -- Moe: Name and address. J.Cole: Excuse me. John Cole. 614 East Idaho. Moe: Thank you. J.Cole: I am for this addition. Number one, it will be nice to have a place of this type that's not very far from my current home in case I have go into that type of home. I'll only have to move six blocks down the road. It's a very comfortable environment. Yes, it is in a residential area, but that's part of the -- I guess quaintness of it. It's not an institution like we see out on the highway at the Nampa state school. It's an assisted living home, not a nursing home. Thank you. Moe: Any questions? Thank you very much. Next on the list is Mike Smith. From the audience he's good. That is the extent of the folks that have been signed up. If there is anyone else in the audience that would like to speak, you're more than welcome. And I see none. Would the applicant like to come back forward? Okay. The applicant is -- from the audience says he's fine. Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we close the public hearings on RZ 08-001 and CUP 08-005. O'Brien: Second. Moe: It's been moved and seconded to close the public hearings on RZ 08-001 and CUP 08-005. All those in favor say aye. Opposed? That motion carves. MOTION CARRIED: FOUR AYES. ONE ABSENT. fir.,: _ a X31 ~' ~'ic. 7 ~; ~; w,~~:; i~ .~ ::.~=, x .r, ~, t,u t/ ``'R ~$" ~e ..-' t i? ~,.,. fir;; ~' ~,~' _~_. ,,. r~ =:,~;: -t ~;:>A~? ;~:.: ~ri:a ,,. fir;: ~y ~~ ~;~, ... Meridian Planning & Zoning May 15, 2008 Page 9 of 18 Moe: Any questions, discussion? Mr. Rohm, what's your opinion? Rohm: Well, I think that the applicant has done a good job presenting her project and, you know, there is hardly ever a project that has universal support, but I think as the community as a whole, within the Old Town district, this is exactly the type of development that we are looking for. So, to my perspective I think this is the right thing to do. Moe: Okay. Mr. Marshall, any comments? Marshall: Well, Mr. Rohm's already provided the same sentiments that I feel. I do appreciate the fact that the applicant has worked diligently with staff to try to meet the guideline as best as possible with the Old Town requirement. That's it. Moe: Thank you very much. Mr. O'Brien, any comments? O'Brien: I have to agree with previous Commissioners. The only concern I still have would be on the parking out front where you have to drive over a sidewalk and into a street that you would almost definitely have to cross the center line to straighten out to go forward and those are always a concern. So, that's why I was concerned about, you know, what -- how much traffic is on the street I don't know. It's a residential street, so I would assume it's average. I don't think it's any corridor of anything that I could see. So -- but that would be the only stickler that would hold me back from wanting to approve this. I think it is a good fit for that area. I think it meets all the criteria in the staff report and so that's all I have on that. Moe: Okay. Thank you very much. Just a comment. I won't belabor this. It does meet requirements and the applicant is more than willing to accept the findings of staff, so, therefore, I think it's a great project. O'Brien: Mr. Chairman? Moe: Mr. O'Brien. O'Brien: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council on file numbers RZ 08-001 and CUP 08-005, as presented in the staff report for the hearing date of May 15, 2008, with no modifications. Marshall: I second. Moe: It's been moved and seconded to send onto City Council approval of RZ 08-001 and CUP 08-005 for Trinity Assisted Living. All those in favor say aye. Opposed? That motion carries. ~'/ Meridian Planning & Zoning May 15, 2008 ~'~~~ Page 10 of 18 k: t MOTION CARRIED: FOUR AYES. ONE ABSENT. ~~>~ O'Brien: Mr. Chairman, question. Does the CUP go to the City Council as well? Moe: I believe it will go to the City Council because of the rezone. O'Brien: Because of the rezone. Okay. Item 7: Public Hearing: CUP 08-010 Request for Conditional Use Permit to operate a church from an existing building in an I-L zoning district for Vineyard Christian Fellowship by Randy Rodes - 936 W. Taylor Street: `''' "` Moe: Okay. Thank you very much. At this time I'd like to open the Public Hearing on CUP 08-010 for the Vineyards Christian Fellowship and ask the staff for their report, please. t?t .: ~~. ~,j.. ,,, Parsons: Thank you, Mr. Chairman, Members of the Commission. The application before you tonight is a Conditional Use Permit for the operation of a church from an existing warehouse building in an I-L, light industrial, zoning district. The UDC requires CUP approval to operate a church within an I-L zoning district. The site consists of 3.8 acres and is located at 936 West Taylor Street. If you look up at the zoning map there you see that to the north you have residential, zoned R-8, and surrounding the remainder of the property is industrial uses zoned I-L. Here is an aerial view of the site. Again, there is the existing structure, a warehouse facility on the site. Again, you can see all those surrounding uses. In 2005 the site was developed as a -- with a 48,960 square foot warehouse facility, with the approval of the Yanke warehouse CZC and in 2006 a Conditional Use Permit was approved for an indoor recreational center, which is the YMCA. Staff has reviewed the submitted site plan and landscape plans for conformance with the UDC and found that the site conforms to the parking and landscape requirements of the UDC. Per UDC 11-3C-6B, all industrial districts require one space for every 2,000 square feet of gross floor area. Based on the ratio of parking per square footage, staff has calculated the parking ration on the site to be one space for 275 square feet of gross floor area. However, staff has concerns with the amount of parking for this site, because the city does not have parking requirements based on the seating capacity for places of religious worship. Furthermore, the church and the YMCA will share parking for the site on Sunday afternoons. Therefore, the Commission should determine if the proposed parking is adequate for the use proposed on the site. So, if I have you look at the -- kind of explain this for you. Right now the site is developed with roughly 184 parking stalls. The applicant is proposing to lease this portion of the building, so 7,200 square feet. The remainder of it is leased by the YMCA. It's my understanding from the application that the hours of operation for the business will be primarily on Sundays from 7:30 to 2:00 p.m. 7:30 to 2:00 p.m. But the Y -- the other thing is the Y opens at noon on Sunday as well. So, we do have a little bit of overlap on the site. But I have been informed by the applicant that their services -- or at least in their narrative they say that their services should have -- should be concluded by the time that the Y opens. So, just kind of give you a caveat there. The other thing is -- ~. ~-~ -., t ,~ , t ~~: ;i~ ,~ ~~ c;` r At r, ~: 3. ,i t `' t J ~' '" ~ - i f f 4°r i 4 4 'ri ~ •'.Y A G ~ .~ Q ~~:~ "+ F .i~ ~ S a ~^ ~ r 2~ 4 y ~ ~: 1 ~ `- At ; -t ~ . ,f '~F '_~ :~ r L~= r,,; :.ter .:;~~ ~, ~ `' _:..,: ,: ~_, ~ .3~' ~,,. ~~, ^ 11 Meridian Planning & Zoning May 15, 2008 Page 11 of 18 and, no, we typically when we look at a site, we don't look at on-street parking, but it is a public street. So, if parking was a concern, they could primarily park on the street. But one other thing I would caution you is there are no sidewalks along that corridor. The one other thing I'd like to bring out, too, is, you know, staff realizes that they are primarily going to hold their services and do their type of work on Sundays, but, typically, your churches have business items they have to take care of during the week. Office -- people stay there for office uses. They might have a congregation meeting or something on the site. So, we haven't limited them to just Sunday afternoons, we allowed them to operate during normal business hours for those types of functions as well. Here is the floor plan that the applicant is proposing. Again, here -- they are proposing 300 seat capacity here. Here is where they are proposing some Sunday school teaching here, the classrooms and, then, along here are some office buildings. I'm going to just go forward real .quick, show you the elevations. Here are some elevations of the existing warehouse on the site. Staff -- in a staff report staff has conditioned them to try to make some exterior improvements, because the building is rather plain and does look like industrial use. So, we would like to see .some differentiation between industrial and a church use. So, basically, I'll go back to the floor plan for you. Here is the south side of the building, which is this portion of -- this is the south side here. Again, your east and your west -- west here. So, keep that visual. Here is the south side. You can see the two doors. Here is the one overhead door. Here is the other overhead door. Again, as I mentioned earlier, you have your classrooms and you have your offices. Basically, staff has put minimum conditions on them for exterior improvements. Basically what we are proposing is add some windows along this side here to add some natural light for the classrooms here, realizing they can't add anything here, because it's connected to the YMCA, the other tenant space. Add some windows here, with some decorative awnings. Add a window here with decorative awnings. Remove this metal door completely. Overhead door. Fill it in with the appropriate building material, add some windows, and decorative awnings there in that location as well. After speaking with the applicant, they have informed me that they would like to keep that roll-up door in this location, because this will be stored for them on the site. So, they figure that will be easy access for them to get in there and remove things in and out of the building. Then it's hard to see on the west elevation, but there are some windows and some more -- I bounced back to the elevations. You can see -- I can't tell or not, but should add some windows and some awnings on that side as well. One other clarification I'd like for you guys to act on tonight. I had a little error on one of the conditions of approval, so I'd like you to modify that condition if you would. Basically, it's condition of approval 1.9. It's - I would like it to read: If and when child care -- I guess that's -- just to back up a little bit. Right now the applicant isn't proposing any ancillary uses, so they are not proposing any day care or any type of private institution on the site, just mostly for Sunday worship. But in the I-L zoning district those types of uses can be accessory uses to the church. So, what staff has done in the staff report has conditioned the applicant to come in -- if and when they want that type of use of -- to be associated with the church, they'd have to come in with staff and go through appropriate measures. Well, in the -- in the staff report I said that they -- in the condition of approval I conditioned them to come in with an accessory use permit and it should read they need to come in with a CZC, certificate of zoning compliance. So, that's why I „~:: -~ •~; Meridian Planning & Zoning ~ May 15, 2008 ' Page 12 of 18 need to change that verbiage from accessory use permit to certificate of zoning compliance. And that condition again is 1.9. Again, staff is recommending approval of ~~ ;: the CUP and this concludes my presentation. I will be happy to answer any questions x''- the Commission may have. :;~:,~ Moe: Thank you. Are there any questions of staff at this time? Okay. Would the ~~ applicant like to come forward, please. And, please, state your name and address for - the record. ,~ ~ Beckman: My name is Rick Beckman and I am representing the Meridian Vineyard and their address is 211 East Carlton. We have -- you know, we have outgrown our facility '~ right now and so we are, actually, bulging at the seams, so we have looked -- as you ..~ well know, it's hard to find property in the City of Meridian and since we are the Meridian :FT. Vineyard, it's going to be -- we would like to stay with inside the city limits. So, what we S~ have decided is to utilize this spot so that we can have a temporary landing site and grow a little bit bigger and get ourselves in a position where we can buy a piece of ~`~ ` property and build a building. `~=~~_ Moe: As far as the staff comments in the report, are you in agreement? Beckman: The staff comments we have -- as you can see on the -- t ~ Moe: There should be a pointer -- °~ ~ Beckman: -- east side of the -- oh, let me use this. Okay. Right here on this side of the ~`;' building, one of the areas they are proposing for windows and awnings and that is a fire °~~ ;~ lane and our concern with that would be it's an area where we ma be able -- it's a y ~~ place for someone to break in and that kind of stuff. If you can go back onto the floor plan. There will be walls in between each one of these classrooms, so the windows ~'} would only help, you know, that particular classroom and this is just a staff area. So, we are -- this is kind of a cost prohibitive situation is what we think. And also the removal of ~- ~ ,r the door -- as you can see, we are currently -- on the plan that we are going to frame around the door, so we can leave the door as it is. We are only going to be there F temporarily. If we remove all this stuff, then, they are going to require us to put it all back and, again, we are a church, we don't have a lot of money to just take stuff out ~'~`~ and, you know, put it back in, so -- windows on this side, we have enough problems with '~~ ~ people daydreaming in church as it is. We don't need them looking out the windows, " . `~`y okay? We don't want anything to sidetrack anybody. We want to keep them focused on the pulpit, okay? So, basically, windows and the -- we think the building looks really nice the way it is. It has a nice entrance and we see no reason to remove the door and I believe the landlord who is here today also with us, we also agree -- it's an industrial building, we are planning on using it as a temporary landing site for us. So, if we could ~~~ 3.K just frame around that one, because we plan on using the other one. On this side we have framed this all in for storage for the -- for the musicians, so we can bring in our ~:~ ~.,. equipment and we have special people come in, they can come right in and up the ramp and onto the stage. So, we need that one. I believe that's all. Thank you. ;~~ ~~ ~~ ~ -~~. ~ Y~ ~ ~ ,r~ y~~ Y ~swCp Y . ~ ~'~. } { J -~ K u~., ~ S~ ~ '~ ~ 4 VJ 1.[ 1 ry~ ¢ t`.{ 1~~ .rte ~v~ ~ '~1 ~~~ ,~ ~ ~. t- ~~ F . FT ~ .. ~ RA ~T'~S~k µ~, ~~ { ~ a~i '+ ~ ~ _ WYk ~,{~74y~t ~~ A C ~) x'47 i t J ' /Y .:1`~ ~ ~ ~~, QJ.-~' ~ ~ ~}~!{, n r `, ; ° ~ "~ n ' ' ~ ~ rC ~ .,.~FFrK' i ~,,~n T ~~y ~~ ~ i L ~ ~ x ~ ~us Y rh*Y.t. Yg"t1W ~. C"~S~Y~~~ 'Y F:~ ~. - ~)~%~PPIi ~ ~ ~{~ q~F ~ ~ l - y 9 C s~~ ~ I a v 4, F ~ v~~ ~'i' f~~- 4 ~ ~ ~~~~~ S~ •~~j ~ 4t~~ p.T. Y ?, :: ~ ~?~M' ~= ~: ~ ~' ~~~ :. - :~: ~; ~_ :. ~~ ,;, ,;y :.:~ ; x; <, ~`~;. o,~ ~ ; 4 w~-F 1 Meridian Planning & Zoning May 15, 2008 Page 13 of 18 i A O'Brien: Mr. Chairman? Moe: Mr. O'Brien. O'Brien: What is temporary to you? The time frame. Beckman: We are in a five -- we are going to have to sign a five year lease, so -- so, that's -- as far as we know five years. O'Brien: But could be extended. Beckman: But it could be extended. O'Brien: Thank you. That's all I have. Beckman: Okay. Moe: As far as the hours of operation and whatnot, I'm assuming any weddings for Saturday and things like that or -- I mean right now in the staff report it's -- Beckman: There are those possibilities. We'd definitely have to arrange with the Y to find out about that kind of stuff, so -- Moe: And that's my concem is -- is that I have seen that -- the building where the Y occupies and that thing is -- that parking lot is full and the street is full and so to have other activities going on at the same time is going to be prohibitive for parking is my concem. Beckman: Yeah. One of the things I have noticed, especially during their tournament times they have a lot of extra parking that they need, but are willing -- the Y seems to be willing to talk with us also. I'm sure we can work something out -- if find out if this particular time for a wedding would be okay and maybe minimize the guest list and -- Moe: Thank you. Any other questions? Rohm: I guess my only question is did anyone from your group go down and talk to staff about their concerns about the exterior of the building, the modifications recommended in the staff report orwhat --did you folks go down and talk to them about it and say, well, you know, this is what our thoughts are? Beckman: No. I thought that's what this was for, so -- Rohm: Well, it kind of is, but, typically, as far as the Commission is concerned, we'd prefer that you have those items resolved before you come before us. But this is certainly the venue that we can resolve that for sure. i'„ Meridian Planning & Zoning May 15, 2008 Page 14 of 18 Beckman: Okay. Rohm: Okay. Thank you. '"~° Beckman: Thank you. :` °-~ Moe: Anything else? Okay. Thank you very much. =~ ~~ Beckman: Thank you. • Moe: We do have some folks that have signed up. Michael Ford. Ford: Mr. Chairman, Member of the Commission, Mike Ford, 1098 North Hickory, Meridian. I'm employed by the Yanke family to manage their real estate, including this '~ facility. I appreciate the staffs recommendation to approve the conditional use, but, the exterior improvements are what give me heartburn. I was not aware of those until the applicant delivered the staff report to me last week. We construct -- started construction <~~ of this building in 2005 as a warehouse -- spec warehouse. A couple of the family °` members got to thinking basketball, volleyball, knowing the need for these courts and this sort of thing, so we started going that way. I met with the YMCA and made a deal with them. Staff mentioned that the YMCA leases that 40 some thousand feet. They don't. It's free. We let them use it free. They are there on a year-to-year basis. Even '~ though they pay no rent, it has not been that great a deal for the Y, with their operating costs, because of the location, mainly. It's not the kind of location that I guess is +'g convenient for a lot of their members. So, they could go any -- anytime. I mean, like K'`~` " say, it's a calendar year deal, so every December that deal could stop. The building was constructed for industrial uses and that's what I believe it will be used eventually. =z~: ,~ Adding windows and awnings and things like this to an industrial building just don't - make a lot of sense to me and we would require the church to pay for all that and to replace it back the way it was when they left. So, I think that's quite a burden that's being put on them. So, I would ask you to consider -- consider that and I stand for any questions. Moe: Any questions? Thank you very much. Next is Chuck Jones. ;}, i -w - Jones: My name is Chuck Jones. My address is 11395 West Kipling in Nampa. Just want to thank the Commission for seeing us tonight. I understand the concerns of the staff and Ijust -- I thank them for overlooking for us. We, basically, went and met with them, completely ignorant to this whole process, and they have been a tremendous help -~~~~ and. so your -- our -- we ask your apologies for not addressing them on some of these =;~~~r issues. I do want to speak -- I mean Mike pretty much has laid most of it out. You know, for them this is an industrial building and for us, if you -- if you get a chance to go ;fig;?;; out to the site, the public doesn't see it unless they are right in front of it and so from any main street you're not going to see the frontal appearance of it and so the appeal of any „ ~ of the other buildings in the area are other industrial buildings. So, to spend the money T 'y'7;:5 ... .. r... .' ~f N,z ...~~y _.~. }' 1 ~~ ~;,i pi r~ t~~t~ ~~~. E z a a ~ n. ~'> Y• k' } J ~ _ 2 a .y ~ J :4 ka?`r. ! i . ~ lei f 1 yh~ ~'_ F ~ ~ ~t t~ - r +1. 'xu. ? h t +y ~'t ~ • rt~ ^ k # ~.;r t Y Y.,x: k1 x-. ~: _ ~~~' 3,: F~ ~.~ -' ,;~ , ~~ ~ x ~,K x ~~ P ~µ.} _ S' ,vj '..iiT ~: ~.: r' ~N < ~t . ~ ~ _ ~ ~_' $~ . f {~ ui' ~. ~~ h t ~ }j I Y 1 _l.. , ~'~ ?F"' ~E:i `~,. , rw, '{.i. ~ •. r~ Xvn : h.'- Meridian Planning & Zoning May 15, 2008 Page 15 of 18 to make it look how the staff has recommended certainly doesn't benefit us in any way and it doesn't really benefit the owner of the buildings, we'd just have to pay to put it all back and being that it's a metal building, to put some of those windows back and whatnot to the original condition is going to require quite an extensive amount of siding to be replaced. Probably literally from floor to ceiling to get it to look good again. So, we would ask that those requirements wouldn't be made. And I think Rick already addressed the windows. Now, the windows on the side of the Y -- if you go to the floor, plan for me? On the -- let's use this dealy bob here. On the left side here where they are proposing that window, the other concern that I would have is also the ability to see what potentially is available to take. Some of the equipment and gear that will be in there is quite costly and expensive and most of it will be owned not by the church, but by the people that volunteer for their equipment or their instruments or whatever and I know that we -- we are --obviously, it's expensive just even for us to retrofit the inside of this building is a tremendous undertaking for us. So, I would also just ask that you consider not having us make those changes would definitely help us out tremendously. Now, I understand also about the issue with the parking. I have been the one to talk with the people that are running the Y and their response to us being in there has been really wonderful. They have expressed that they are actually glad that it's a church going in there and not a business, because, then, you would have to deal with sound of machinery and whatnot and who knows what kind of equipment they would bring in and what kind of parking issues they would have with another company's equipment. So, I -- I don't know if I can continue to go on, but -- and that we have also -- across from this property that you can't see, there is an available lot that we have considered going to the owner to rent that additional parking space if we need to do that as well. Right now the Y is just using it and I don't think he's too happy about it, because they have not gone to him and asked him for permission or anything like that whatsoever, so -- and we also -- Mike didn't mention, but down the road from here -- let me see if I got this right. There is Taylor. The Yankes -- am I correct, don't the Yankes own this building here? This is also a company that just went in there. I think they -- are they a paint company? They are a cabinet shop. They are not open on Sundays whatsoever. And the Yanke family has already said that this would be something that there shouldn't be a problem to use this parking. They have actually got quite a bit there as well. So, I just don't see the parking that potentially being an issue. I know I have been there when they have tournaments and it's pretty crazy around there when they have a tournament, but there are some other options available to us and that place is -- outside of the Y it's a ghost town there on Sundays. So, I think that's all I have. Moe: Any questions? Great. Thank you very much. That was all that was signed up. If there is anyone else that would like to come forward. Nobody wants to come forward. Does the applicant have any other comments? No? Okay. Thank you very much. Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we close the Public Hearing on CUP 08-010. ~p uL i '`` ~ 1 ~ ~ rd. t ~ i„G 'mow.. k... r k t 6 { %- j R~ ^'~ ~ ~ .~~ ~ ~, ~ f i :+~ l~,~w,t,~lsk~c~~.r•y ~°`~${~,~ss~x; ~ yfi?kr:,INyt~ ~ F >'~ ~..x~r~'t -~!d , LJ. __ , h ,,~, Y 4 .iii` f .'Ff Y rt 1 1 2 ~y r r Yti t,: rs l ~ ~ ,~ < r,'-t~=t,fis cg 3.,~ -~y f ?_ ~ 4 l ~ r -r ~ ~.J` „ir ~. ~ " M _.. \ - h ~ i Y. ~.I~ f' r_ ~~ ~ ~1E Icy ~,$~ i ~j~s R.~ ~'.' ~"3 1 ~'}~rs~"-~,'~ ~r ~i>';al~ ~ 2 a ~, 1 .. 3x`~.,r t {C^~'~,~ x~i ~t~ _ ~~ ~r~tiN ;= iv~ga.~. `iS/R, ~,i.~t-::<z'.~IS~ `7S'w,~ry~r~..,i"°~r , T~ s Vii: .h ~ ~,'~ ~~`t ~~ ~:i ~.~i'r~s.,lll+1i~.. _ _ ' - - - ~~,. - 'Y .. r w~. .'~i .. i `~ ~ r ~ ~ t~~ a ). ~1 •34 nyY y.l iT ,. i -: -` ~~k7.~ ~ ~ a~:, ~ ~ ,'~`,~~+~' ~ ~'~~~f~x~ ~~°' ~ 7/. ~ X43 ti ~ • i~~ntii> :,1~ :'~.~-: '{-rlhsw -:'~~ a+qqa- 7S~5s~``"'°"~[3b' 4~~.f~ ~i 1. a~f~i~ - ~.--;. ~ _ :m a y ° e~e' ~~~~ ~~ } 14 ~xs ~ r ~ ? ,~~ L,{y~,l,-,~ysi~+:s~'~, ~f~'n.~_~,~r ~~;~i iF ,`~ ;~~ ti' ii .^s~,~r*.~!~,~~., x;~.; y.. .n ~ 7 t ' :~ ~~y~~ ?~,~ a. k^ ~ w rtr:,`~'1._X.`P"a.~,v~~h~~~~e'~,~, ~`84fjh#~ ~~ `t ~ti ~~ W'ti"?L' r ~„ _ ..> r. ..,. fi, r` w, r. 5 y ~ ~~ r~ '* 7V ~..r,~y ~- d~`'!Rt`~sa~t' ~k"5!' ~,, k~ ~ni:if1+'"2~ { _~,.~ ~ ~..~.~ ~.~~r~~ .nd~~'~ .j';.-,~ ~ ~ ~. ~ , ,.. - ~ _ _ r ~ ~ - 0 3 ~ ~:~ r Grp 't - n h ~{ a ~ ' ~ ny"~~~ t h,rv3 }d rr~N ~~ ~~ f. ''~^... ,r q`x e ~:r~~~^~N{.~~s"~'v~"~~L`.1~!'~r-~:4'1~ raj 7'~!~ Y ~`5`.,.,'~- ;aA". .. .n. ... ~:... .. ... ~...,.«w ~.T~: .~C.,: ...,_... ,. ., .... ~ .~~.., ,nom .,-.~.;r ~-_.uw.~....r . .. ~ - ~,~ ,.Fk . x=~. 5 $ ~~'~•. .I ~~ ~. Meridian Planning & Zoning May 15, 2008 Page 16 of 18 Moe: I sure will if somebody gives me a second. Marshall: Second. O'Brien: Second. Moe: Thank you. It's been moved and seconded to close the Public Hearing on CUP 08-010. All those in favor? Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Discussion? I guess I'd like to make a couple comments. I, actually, think this -- this is going to be a fine place for this. I mean it's a temporary facility, .you know, if they are doing a five year lease on this thing, you know, at some point they are going to move. Quite frankly, it is an industrial building. Bill, would you put the building .back up there for a minute? The front. There you go. This is an industrial building and they have already put some esthetics to the front of this building already. I guess -- is it what I would want? No, probably not. But at the same time I'm -- you know, staff is willing to let them have the one overhead door. If you -- in fact, if you start putting windows in this thing, yes, you're going to have to replace the entire sheet metal all the way up on the those walls, you're just not going to do an in-fill. I, for one, think I'd approve this project and I don't know that I would require them to make any modifications to that existing building. That's my comments. Mr. O'Brien, do you have any comment? O'Brien: I think you did a pretty good job. I think it would be quite a hardship for them to do all the modifications and, then, of course, have to go back and replace that unnecessarily. I just don't think it's going to be adding any value to anyone by making all those changes. In fact, I think I'd have to agree with issues regarding -- because of this being somewhat isolated near a railroad track, et cetera, for vandalism, et cetera. I just think that I have to agree with the applicant's concern on that issue. So, that's all I have. Moe: Mr. Marshall. Marshall: I believe the facade already fits into the surrounding area. I don't believe changes would be necessary, in my opinion. Moe: Okay. Mr. Rohm. Rohm: No comment. Moe: No comment. Okay. Well, in that regard, then, whoever the maker of the motion is, make sure that you deal with item 1.9 that Bill wanted as well as we go through this. So, I will leave it up to you folks to make those decisions. ,y f;n ,~, ~_ ~t` ~~` ~ ~ ~ S 5 ;gip n ~ ` t < <_ ~ . ~r1 '~§ , n~~~r ~~ ,~- ~ z z 4'ty'r ,r u~, 'n'~~ 3L'i~' {~r~~.~ ; P~. . ~k - ~.r r: ~ ~., s ~ ~ ~ ~ id ~ry+ L ~,,1 ~ 3, a't - Y R k£y~ 5i r } - ~ ~ ~ '~.~ .' I ~ h 1~~~ 1 ~. 1 ~ F ~ y}'~ ~; y F ~1 {{ T ~~ t ~ ~ i F f y u pp~~ ..{{~qq~ 't ,~ ~ ']F ~ 1 b ~' f M f t ~](EY`cT ~ ~rl . 4 -~ E~ t t-' ~,, ~ H~ ~~ , t~ ~.. li < ~ i '' L k t l~~ Y~ . ! ~F~'~,L~~¢~f 1 4~ ~,~ f' { ~~t-~ry ~r~,~{~ ~,~ r , ~ { ~'+ } ~ yT t ' a ~~.. Meridian Planning & Zoning ~ e May 15, 2008 Page 17 of 18 Marshall: Well, we need to make an exception on 1.9, but also -- Mr. Chairman? Moe: Mr. Marshall, yes. Marshall: After considering all staff, applicant, and public testimony, I move to approve file number CUP 08-010, as presented in the staff report for the hearing date of May 15th, 2008, with the following modifications: In recommendation 1.9, if and when child care use is adopted -- to require not an accessory use permit, but a CZC, conditional zoning -- certificate. Okay. And also to delete the requirements of the additional windows and to leave the roll-up doors. Moe: Now, we probably ought to be a little bit more -- Marshall: More specific? Moe: Yeah. As far as the section and whatnot of those items. Do you have -- Marshall: Oh, where those are. Parsons: Mr. Chairman, Commissioner, that condition is 1.8 in the staff report. Moe: 1.8? Parsons: Yes. Moe: Thank you very much. Rohm: Yeah. I think you can just eliminate -- delete 1.8. Marshall: With the elimination of requirement 1.8. Rohm: I will second that motion. Moe: Okay. It has been moved and seconded to approve CUP 08-010 with the aforementioned changes to the staff report. All those in favor signify by saying aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 8: Public Hearing: PP 08-004 Request for a Preliminary Plat with 6 residential building lots and 1 common lot in an R-8 zone on approximately 4.7 acres for Maxfield by Cottage Investors, LLC - 3295 E. Falcon Drive: Item 9: Public Hearing: CUP 08-008 Request for Conditional Use Permit approval consisting of Assisted Living Facilities containing 5 buildings with ,~,,: , ~r.>: ~~, ~,,: ^ 1 Meridian Planning & Zoning May 15, 2008 Page 18 of 18 15 beds in an R-8 zone for the proposed Maxfield Subdivision by Cottage Investors, LLC - 3295 E. Falcon Drive: Moe: Okay. At this time I would like to open the Public Hearing on PP 08-004 and CUP 08-008 for Maxfield Subdivision for the sole purpose of continuing the hearings to the regularly scheduled Planning and Zoning meeting of June the 5th. Rohm: So moved. Marshall: Second. Moe: It's been moved and seconded to continue PP 08-004 and 08-008 -- CUP 08-008 for Maxfield Subdivision to the regularly scheduled meeting of June 5th. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. O'Brien: Mr. Chairman? Moe: Yes. O'Brien: Move to adjourn. Marshall: Second. Moe: All those in favor? MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: We are adjourned at 7:50 p.m. MEETING ADJOURNED AT 7:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) APPR V ~~ S ~~ DAVID MOE - CH RMAN DATE APPROVED ATTEST: _ ~ ''-, JAYCEE OLMAN, CITY C~~R o ~~ SLAL i ~ ~~ O '' ~y,~~~~' P '~ii~VT~ ~ ~ ~ ~:;, ~~k- ':4;. May 12, 2008 -« ~'' MERIDIAN PLANNING 8~ ZONING MEETING May 15, 2008 APPLICANT ITEM NO. 3'A REQUEST Approve Minutes of May 1, 2008 Planning and Zoning Commission Meeting: ~- =.^ r';~' 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: yid. ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~tr~'" 1~~+1' # ~ .-~: J" ~~ J~1~° a ~,1 ~: r a ~ { ~?.. z.: r ; , ~T P f k F S ~{ K,hs, :. f ~ t } ~ i C~ ~t c A: 5} ~ y ~. L y ~.1, 4 {~ ~$ ~ f K r~'T `' ' i i~ May 12, 2008 CUP 08-009 " MERIDIAN PLANNING 8~ ZONING MEETING May 15, 2008 APPLICANT Maverik, Inc. ITEM NO. 3-B REQUEST Findings for Fact & Conclusions of Law for Approval -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 Rd 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: 1~! ADA COUNTY HIGHWAY DISTRICT: `:' ! CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: ~.: `~~` IDAHO POWER: INTERMOUNTAIN GAS: 1",4:~ ~y OTHER: ~/ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. f> ti$ M F ~ k " ~~ yyyy 66 h 4.~ yl(b .4M` ~. I ~ ` ,~~ ~ ~ 'i fh ~ 4 , _ ~ 1A 4 P J I.j x .t, _ ~~„q > rJ~~Gd . n 1 '~ L ~:la~4~t~ ~ ~ {J ~~ .~.f~ '~ r tp ~ r'~fy i~ ~i ~'ILS ~~ ~~ ~~~ ~r•~ 4S ~, ~ f ~~~~~ E'' t i fi4~< 1 ~+~ n - F ~'~sY~i c'`' r rr~ ~ , u ` ,+ b! , ~' = .~ , ~y '~ ~~~, y:.~.. ;. ~ " ~~~_}~$~x ~3:~~(A ~µ t ;3T F G. ~~ ~'~' d a~ rt t o r; 8 fr r~~~~ ~~}: ~z r7 ~ ~ ~ ~~ S t ¢ -, 4 ~xi a~ 5 { r ~ ~. t+v x ~~ i y+'Y• L .' ~ xx ;~ FF~ ~~ 7``,_, ,~- ~t1 a r J ~4<k } ~ ~~ ~ ~ i ~ ~ iY ~ ~ ~ , r ~. ,_,.kii N i' -~ j t cx~c >;~" ~ !~w r~ .,f .. ~' „~ tr3s See Attached Findings ~~ v F'l. ;;r h ~~>- ~~M~~ .,:: ^ >i;:~ ... . ,._; ~; t;; C C CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF E IDIAN~' LAW AND ~ ~,,~ ~ , DECISION & ORDER In the Matter of Conditional Use Permit for a Convenience Store and Fuel Sales Facility in a C-G Zone, per Requirement of the Development Agreement. Case No(s). CUP-08-009 For the Planning and Zoning Commission Hearing Date of: May 1, 2008 (Findings on May 15, 2008 agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 1, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 1, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 1, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the' hearing date of May 1, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the,governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-009 Page 1 . .' x .,...., _ ..... . `P ~ , -: ~' K ~~~ k 4 5~ x f..n k w ;. x ~ i' y t~ j ,~ r rT •k`. ~ F ~. Pc t ~` Y ,. t.i,+~. ~- ~ t ~ + j E ~Sa 4 ti. { N ~ I~ ?~ ~ ~ 7 . ! ` `-~~ ~ 5. It is found public facilities and services required by the proposed development will not "' impose expense upon the public if the attached conditions of approval are imposed. ~~: 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected ~~~ , party requesting notice. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of May 1, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition ~r`,~,. of approval of the application. ~.:;~, ~~ C. Decision and Order ~b ~:~ ,_ 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: I ''~~~ . 1. The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan, ~ ~ ~,,. dated 1/25/08, and Landscape Plan, dated 1/08, is hereby conditionally approved; and, ~~`: 2. The site specific and standard conditions of approval are as shown in the attached Staff `' ' ~~ Report for the hearing date of May 1, 2008, incorporated by reference. ``, ~~ D. Notice of Applicable Time Limits _..T, ;,~.,..~ Notice of Eighteen (18) Month Conditional Use Permit Duration ~;;: `~ Please take notice that the conditional use permit, when granted, shall be valid for a ~~~ `'° ~ maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or :~ structures on or in the ground. For conditional use permits that also require platting, the Ott: °+' ~ final plat must be recorded within this eighteen (18) month period. For projects with ~:~ik multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the ,.," : . `' event that the development is made in successive contiguous segments or multiple _%, .} phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the 'T.k period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the ~,, time to commence the use not to exceed one (1) eighteen (18) month period. Additional , time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-009 Page 2 ;~5-~ ,; ~3; -;.. ~I ~;;- ~~Y~'~° Title 11. ~~~~. ~- E. Notice of Final Action and Right to Regulatory Takings Analysis ~ '.M1 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. ' Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request ,~ ri`~~ for a regulatory takings analysis will toll the time period within which a Petition for , ~ ~'~' Judicial Review maybe filed. ~~~'~ 2. Please take notice that this is a final action of the governing body of the City of pursuant to Idaho Code § 67-6521 an affected person being a person who has Meridian , an interest in real property which maybe adversely affected by the issuance or denial of ~~ the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho ~„ ~;a. Code. r~ . F. Attached: Staff Report for the hearing date of May 1, 2008. tZ<' ',. :~-.: 1::-., ... .~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-009 Page 3 Y ,~ ' ~ C N'K f '~~( ~~ I. r4rti,= ~Y >i t~ ~ - -~k ~,r~L r'A ~rtt z ~ ti°~.~ 3 G~i~~ikb ~~` t~ 1 ' ~ gg w ir~ ~., ~ !r'. ~ n ~ ~~ ~ `~ ~{ ~ ~ ~ f ,i ~~ fw,," i,.~.nlr ~~'t tai` ~+ C' ~. n~':ifiKr riiy~,i ,t~' P' - ~ , .~ ry.~ a"vG ''ii~y~..c' i~r~'i 4T ~ t~t. "~~ i L.i' '~ ir! ~~ F ~ . rr uF ~.a ~G ~~ _ ; '~ fly ` t11 rt" ~G ~ ''h - i f ~ ~~~ +f ~ t v ,3 ., ~r ~ 4 , :1,7,,r k ~ _ i 1°}'$~' '~~~ ~ y a ~ fix.'} w ~,ry t . ~f ~ ~ 4 l ~ r ~r 9 }*` ~~ 7~~~1~ ' ~ ~[ ` L i ~'_ 1 i ' i 11 C-- t ` _S E ~ ~ _, z ~' r~~&s ~ ,t z~~s~ ~*~~ ~ ~: ~ ~ ~; _ ' f,,,. }(~5 fk~~N ~ ~ c vl F,~`~ i tl r~ ~ F 1 N. J P e ~ iF.: ~, ~r r~ ~~ ~ 1 i. ~ i c4 T;~; a e By action of the Planning & Zoning Commission at its regular meeting held on the ` S ~ day of , 2008. COMMISSIONER DAVID MOE VOTED (Chair) COMMISSIONER MICHAEL ROHM VOTED_ ~ l?I~~. COMMISSIONER WENDY NEWTON-HUCKABAY VOTED COMMISSIONER TOM O'BRIEN VOTED COMMISSIONER JOE MARSHALL VOTED_ iL~C~ I Q ~1 CH IRMAN D VID MOE `,~,`~~~~~~ u u p~i~fd'g~'r A est: 1'~ ' ~~i ~i s~ i i 1 Tara Green, Deputy ; ' ,~ :4 A _ T fir(. ~A~ Copy served upon Applic~,~ .~~epartment, Public Works Department and City ~~h-tr~~ ~~~.~~~~~~~ Attorney. By: / `~l, (,~,~~1~~~ `t'I~~ Dated: ~ ~ ~ C( "~~ T• •~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-009 Page 4 ~k~a~ L ~ "~'~ CITY OF MERIDIAN PLANN DEPARTMENT STAFF REPORT FOR THE HE G DATE OF MAY I, 2008 ,'.,,. F`> STAFF REPORT Hearing Date: May 1, 2008 t TO: Planning & Zoning Commission .~ n:~j~ E IDIANz~--~- FROM: Sonya Waters, Associate City Planner ~:!. (208) 884-5533 `'-;LL~ ` SUBJECT: Maverik • CUP-08-009 Conditional Use Permit for a convenience store and fuel sales facility in a C-G ',,'_~~'; zone, per requirement of the Development Agreement ''~-+'~ 1. SUNl1VIARY DESCRIPTION OF APPLICANT'S REQUEST -~ ~-s st'~!;_. The Applicant, Maverik, Inc., is requesting Conditional Use Permit (CUP) approval for a Maverik - convenience store and fuel sales facility. The property is located on the northwest comer of N. Ten ~'`'~ ~ Mile Road and W. Ustick Road on Lot 4, Block 1, of McNelis Subdivision. The site is currently 5' :, zoned C-G and consists of 1.14 acres. ;_'„--`_~ The existing development agreement approved with McNelis Subdivision requires any convenience stores and gas stations in the C-G zone on the corner of Ten Mile and Ustick Roads to be subject to 7~-~~ the conditional use process. Consistent with the development agreement provisions on this site, the :~ ~, applicant is requesting CUP approval for the proposed use. - 2. SUIVIlVIARY RECOMMENDATION ~' ~: - ~~ Staff has provided a detailed analysis of the requested CUP application below. Staff recommends ~-; N: ` approval of CUP-08-009 for Maverik, as presented in the Staff Report for the hearing date of ~:~'~ May 1, 2008, based on the Findings of Fact as listed in Ezhibit C and subject to the conditions listed in Ezhibit B. i`tt The Meridian Planning & Zonins Commission heard this item on Mav 1, 2008. At the public ~~'~~' hearing they moved to approve the subiect CUP request. a. Summary of Commission Public Hearine: i. In favor: Brad McDoueal (Applicant) ii. In opposition: Janet Wilder, Will Farley iii. Commentin~• None iv. Written testimony: A petition with 58 sisnatures was submitted against approval of the CUP. v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. Acceptable tune of screening material for outdoor storase area; Applicant proposed vinyl fencing, which is an acceptable material. per UDC 11-3A-12. ii. Appropriateness of a 24 hour convenience store and fuel facility adiacent to residential properties; iii. Limitation on hours of operation to mitisate impact on adiacent residents: hours should be consistent with those approved with the nearby Fast Eddy's convenience store and fuel facility. c. Kev Commission Change(s) to Staff Recommendation: i. The Commission wanted the hours of operation for the proposed use to be consistent with those approved for the nearby Fast Eddy's convenience store and fuel facility to the east. Staff researched tke approval for Fast Eddy's and found that the Development Maverik CUP-08-009 Page 1 ~, ta: Y ~ ~i h ~ ~ a t t - y,„~ - t , P` _ f~ t~ 7 f .` ~. ~ ~l~ J r { v t:,` i 1 y :'. ~ ~: F y~ i , f ). f } y _. Ir ,7'. G 9 i ~ r ; F t ;4 _ _ 1 ` } t ~ .~r' x.~ CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HEAIaNG DATE OF MAY 1, 2008 ~~•. Agreement for that yroyerty allowed the convenience store and fuel facility to overate 24 ~'~~ `' hours: a CUP was not required Based on this information, no changes were made to the staff revor~ The vrovosed use is allowed to operate 24 hours. ~.~;.. ,~ 3. PROPOSED MOTIONS ,T : Approval ~~"~~~ ~~<.. 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 1, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to r` "~~ direct Staff to prepare an appropriate fmdings document to be considered at the next Planning and ~ Zoning Commission meeting on May 15, 2008. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-O8- ~ ~~~~ 009, as presented during the hearing on May 1, 2008, for the following reasons: (you must state t~'"~ :; specific reasons for denial and what the applicant could do to obtain your approval in the future). I N.~ further move to direct Staff to prepare an appropriate findings document to be considered at the next s`'~i'.- Planning and Zoning Commission meeting on May 15, 2008. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- "~ ''~ 08-009 to the hearing date of (insert continued hearing date here) for the following reason(s): (you ~ should state specific reason(s) for continuance) :> .~.. ~#~', s k~``-~' 4. APPLICATION AND PROPERTY FACTS '.=t=:: `-` a. Site Address/Location: ~i. The site is located on the northwest corner of N. Ten Mile Road and W. Ustick Road (Lot 4, Block 1, McNelis Subdivision) '" ;,! Southeast % of Section 34, Township 4 North, Range 1 West i - f `' .{:~,r b. Owner: `k~-~~~ ,~;f,~.. Edward J. McNelis 621 N. Robinson Road Nampa, ID 83687 c. Applicant/Contact: Maverik, Inc. - 880 W. Center Street ir' ~`" North Salt Lake City, Utah 84054 d. Present Zoning District: C-G (General Retail and Service Commercial) 'r G e. Present Comprehensive Plan Designation: Commercial 't f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval fora 4,200 square foot convenience store and fuel sales facility for Maverik. '_~~ g. Description of Applicant's Justification for CUP Approval: "Maverik has proposed to construct a `~' 4,200 square foot convenience store on the northwest comer of Ten Mile Road and Ustick Road. ~r~, The store will also have five fueling islands providing ten fueling spots. The store will be oriented Maverik CUP-08-009 Page 2 ~q ~ a 6,i? ~~~. ~t,_ ~ }~ Try „,~ [~; /f~i~ M1 ~ . s ~ hw ~ ~~~ ~ `g_' b F ~~ w ~ 7 ~ . !~ 5y~j n~~ x f ,,..~ a .. ~t Y .~ ~1f l ~ )dC. . - ,,s n ~.,~ `;~ ~ i .~" ~ ~~~ ~~h ~ ~` r.i -her r.L~;3 F~ ): ^._a,, ~... T~~K~t X 7}S - ~~ ~ ~~~'~k ~~ tj ir ' fi ' ~~~. ~ t`Y' L , } A ` ~ ^ ~3'~~ ~ 'P N 3 ~ , , ~ w ,i,~~ s . , { ~t fiti~~ wrv'~ ,. ~ ~~~ 7E~~r`a .~ 1 ~" ~~ . ~ ..,~,, t . y ~t t ~rytr r ~:s }~` h~ ~ ~'~~{il 'F h _ H} . ~ ~~a~rY ,R - ~ ~ 1 '~~~^ 11 Y~ ~~fF ~4"(~i. W t~}.R.7'!^ a.~ ~ Y .h c Y 1~' M1, e - CITY OF MERIDIAN PLANNIN~ EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 toward Ustick Road with the fueling islands located between the store and Ustick Road." ''~"' S. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City =gin Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, °" ` a public hearing is required before the Planning and Zoning Commission on this matter. ' ~< _€ war b. Newspaper notifications published on: April 14, and 28, 2008 ;;~„"; ;. "'~'' c. Radius notices mailed to properties within 600 feet on: Apri14, 2008 ~ w 4 I, d. Applicant posted notice on site by: April 18, 2008 :. .~ ~ .1 6. LAND USE ~ a. Existing Land Use(s): Vacant ! _~` ?w~.^~ b. Description of Character of Surrounding Area: The property on the northwest corner of Ten Mile -~~~~~~ and Ustick surrounding the site currently consists of rural residential and agricultural land but has `-' ~. been zoned C-G and L-O and is in the development process. Single-family residences exist to the . ~ ' east and south of the site. ~ p s c. Adjacent Land Use and Zoning .~ . ~.::: ~ 1. North: Vacant property in transition to commercial use, McNelis Subdivision, zoned C-G ~:. ~ ,r`.' a 2. East: Single-family residences in Hartford Subdivision, zoned R-4 ,~;r~ 3. South: Rural residential property, zoned Rl ~ ,~, ~ 4. West: Agricultural property in transition to commercial/office use, McNelis Subdivision, `• - zoned L-O ~~^~ d. History of Previous Actions Pertaining to this Site: "~ • This property was annexed (AZ-04-004, Ordinance #04-1090) in 2004 with a C-G zone. At the public hearing, neighbors expressed concern about a convenience store being ;~,' located on the subject property and the hours of operation for that type of use. A ,,k"zi ~~~~.;., Development Agreement (Instrument #104093293) was approved and recorded with the ~-~~-~ i annexation that included provisions for development of the property. A specific provision of the DA required CUP approval for a convenience store use on the subject property. '; ~`"~'"'°I' • A Preliminary Plat (PP-04-004) was also approved in 2004 with the annexation for McNelis Subdivision. The plat consisted of 16 building lots and 5 common lots on 34.07 acres in the L-O, C-G, and I-L zoning districts. • A Final Plat (FP-OS-047) was approved in 2005 for 16 building lots and 4 common lots +;:,i', on 34.6 acres in the L-O, C-G, and I-L zoning districts. ~~°°~:~ ''~ "''~ • A Time Extension (TE-OS-003) was approved in 2005 that granted a 1 year time extension to record the final plat. ~:` I • A Time Extension (TE-07-012) was approved in 2007 that granted a 6 month time extension to record the final plat. The final plat has since been recorded. ""'~ ' e. Existing Constraints and Opportunities -- 1. Public Works ~~'''' Location of sewer: Main was installed with the plated McNelis Subdivision. Services Maverik CUP-08-009 .', Page 3 r k ~ ~'~~ ~~ ~:r; llxyx Fa 42`4+' ~ ~ ~~ ~~'` ~ ~ ~~il~` ch ,5'tiE. z ,,r P ~ *'w~ ~ .Y ~r 7t'~ .n 4 ~tyf ~'_~ ~F;L~~ ~~ i ~.,~.i 8' F ti ~~~F~~ ~ e ~, +~ ~ '~ r r a ~a. ,` ter ~~ { ~. ~~r~~4~^~~~'~ ¢~ r ~ I ~~~~~ ~ r ~ ~~x :. xf .~~ , ,~ ~~°L~ w~~J)~? ~~~le j~~~, r FN ~ F~' N, y;{1~ r ~;' ~ r~`~~~i~~C~ ~' ~ J f'[ y )) ~ ~t ~ ~ ; N~. 4 W l- ~* $a ~ MHT i.~f ,' ;~;: ':"- ,.: ~~I~ '{ _.. ~;:,,'. -~ ':: ,-:aJ .~.I ~~`: `< `~ -~~' A ~~ ,~ ,; <, ,~ CITY OF MERIDIAN PLANNIN~ EPARTMENT STAFF REPORT FOR THE HEAI~NG DATE OF MAY 1, 2008 will need to be installed to the new building. Location of water: Main was installed with the plated McNelis Subdivision. Services will need to be installed to the new building. Issues or concerns: None 2. Vegetation: There are no existing trees on the site. Several existing trees were previously removed from the site and are being mitigated for in compliance with the requirements listed in UDC 11-3B-10. 3. Floodplain: NA 4. Canals/Ditches Irrigation: There are no waterways that run through the subject property. 5. Hazards: No hazards are known to exist on the site. 6. Existing Zoning: C-G 7. Lot Size: 1.14 acres f. Conditional Use Information: 1. Non-residential square footage: 4,200 square feet 2. Hours of Operation: 24 hours per day, 7 days a week g. Off-Street Parking: 1. Parking spaces required: 8 2. Parking spaces provided: 20 (including 1 handicap stall; not including spaces in fueling area) 3. Compact spaces proposed: 0 Per UDC 11-3C-6B, one parking space is required per S00 square feet ofgross floor area in commercial districts; the proposed parking exceeds this requirement. h. Landscaping 1. Width of street buffer(s): A minimum 25-foot wide buffer is required to be constructed along N. Ten Mile Road and along W. Ustick Road; landscaping within the buffers shall comply with the current street buffer landscaping standards listed in UDC 11-3B-7. 2. Width of buffer(s) between land uses: NA (There are no residential uses that abut this site.) 3. Other landscaping standards: Parking lot landscaping is required in accordance with the standards listed in UDC 11-3B-8C. i. Required dimensional standards for the C-G zone, per UDC 11-2B-3: DIMENSIONAL STANDARDS` C-G Front setback in feet 0 Rear setback in feet 0 Interior side setback in feet 0 Street landsca buffer in feet Local 10 Collector 20 Arterial 25 En a corridor 35 Interstate 50 Landscape buffer to residential uses in feet "~' 25 [see note below] Maverik CUP-08-009 Page 4 ~. _ ;;.., kT ~"' _ ~r ~ F t 1, t ~~~: t t s- ~ i' ~Y' r t ;~ i x~• S y 1 ~[ k } li - h.. ~F F *_ 7 4 tip x ;.~ CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 DIMENSIONAL STANDARDS` C-G Ma~amum buildin hei ht in feet 65 Maximum building size without 000,000 design standard approval asset forth in 11-3A 3 ins uare feet Parking requirements See Chapter 3 Article C. off-street parking and loading re uirements I_andscapin re uirements See Cha ter 3 Article B. landsca in re uirements "All setbacks shall be measured from the ultimate right-of--way for the street classification as shown on the adopted Transportation Plan. ""minimum setback only allowed with reuse of existing residential structure. '~*Where the adjacent property is vacant, the Director shall determine the adjacent property deli nation based on the Com rehensive Plan desi nation. Note: Per UDC 11-4-3-20 (Specific Use Standards for Fuel Sales Facility) requires the total height of any overhead canopy or weather protection device to not exceed 20 feet. The proposed canopy height is 19'3 "measured from the concrete slab to the top of the canopy, which complies with this requirement. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is proposed from W. Ustick Road across Lot 5, Block 1, of McNelis Subdivision via an ingress-egress/cross-access easement recorded on the final plat. An ingress-egress/cross-access easement is also depicted on the final plat for the benefit of the subject lot across Lots 2 & 3 to the north for access to Ten Mile Road. No additional access points are proposed with this application and none are approved. Staff is supportive of the proposed off-site access points to the site. Please see Staff's comments below in Section 10, for more information. 7. COMMENTS MEETING On April 11, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial." In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff finds that the request generally conforms to this stated purpose and intent of the commercial designation within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The subject property shares an access point to Ustick Road, an arterial street, with the adjacent lotto the west (Lot S). No access points are proposed to the site from Ten Mile Road. Maverik CUP-08-009 Page 5 ~~, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF MAY I, 2008 ?'"~ • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) r--: . ``' " A 25 foot wide landscape street bu, ffeY was required along Ten Mile Road and Ustick Road, - _ both arterial streets, with approval of the plat. Said buffer should be landscaped in - accordance with the standards listed in UDC 11-3B-7C and installed with the improvements ~ for the subdivision. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) ~~` This property is currently in the City and is able to be provided with City services. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) =~'`' The proposed convenience store and fuel sales facility is the only such business in the ~~, =~~ general vicinity. It is expected that a variety of commercial/office uses will develop on the ' adjacent lots in McNelis Subdivision. ~''° ;.~;~ , • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) Street buffer and parking lot landscaping is proposed with this application and should be installed and maintained in accordance with the applicable standards listed in UDC 11-3B-7 ~~,lk;, and 11-38-8. ~,~~, Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible r~ ° ~ with the existing and future surrounding uses Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this properly. 9. ZONING ORDINANCE ,.~>' a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and ~;s conditional uses in the C-G zoning district. Retail uses and fuel sales facilities are permitted uses the C-G zoning district. However, the existing Development Agreement for McNelis Subdivision ~`•~ ~ ~ specifically requires CUP approval for the proposed uses. Additionally, there are specific use standards listed in UDC 11-4-3-20 for fuel sales facilities that the applicant must comply with. u :'; 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 `''~ `Y~ as retail sales for the transient and permanent motoring public ~" ~ '` 10. ANALYSIS ~ a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP ;~> ~, request as proposed, with the following comments: CUP: The applicant submitted a site plan, prepared by Dixon + Associates, dated 1/25/08, `;k 4 labeled as Sheet C-0.1. The site plan depicts a 4,200 square foot convenience store with 5 fueling tx :_~ ~,:~:K~ 3 ~. ;T Maverik CUP-08-009 Page 6 Cd~ { ri t ~ i , ar r e 3~ ~ } 7.,~~' t t~ 4 ~ *5'~'+~y µ` ~ , s;~~h } ;c~.' ~ 1 ~ ~ 3 $$, ~" C tiiY1 ~,. o ',~ E 2 C.:i! :: f<:. '~ Y~ f y ~ P cCdd w ~7 '~ ,JAI 4'~; 'F t~ t s 3.. 1 - ~ ;%~ - ~.,. ~ ~ , i (• w -- r ~ r ~~s t s F~ r~s` µ k~Oz~r ~~'~ fif~a' .~ ` ~. r:~t `~ `~, ~~~ 4~~s~ ~ Y'r{ ~. ~c~ 5YF'~ az~ ~ ti~ 7 ~ ~. r ~. ~'~" ~ 5~ '` a ' {~ ,.y ~ }I. Y ~Y ~t Ayy '7 ~.C J y c ~~-~~ar~`I'.~y~'~ _ a ~r ~Y h+ ~1i~ ~ 'FIl ~~ ~ ` vl Y'.,,y ~~~ _ ~~ ~, , h :fY i Y .:..;..;. c CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF MAY I, 2008 islands. Per UDC 11-2B-2, retail uses and fuel sales facilities aze permitted uses in the C-G district; however, the existing Development Agreement for McNelis Subdivision specifically requires CUP approval for convenience stores and gas stations in the C-G district on the corner of Ten Mile and Ustick Roads. Dimensional Standards: There are no setback requirements in the C-G zoning district. However, where landscape buffers aze required, buildings must be setback at least the width of the required buffer. The maximum building height in the C-G district is 65 feet; the highest peak of the proposed structure is approximately 29 feet, which complies with this requirement. Additionally, per UDC 11-4-3-20, the maximum height for overhead canopies or weather protection devices is 20 feet; the proposed canopy is 19'3" measured from the concrete slab to the top of the canopy, which complies with this requirement. Fuel Sales Facility: Per UDC 11-4-3-20, there aze Specific Use Standazds that apply to the proposed fuel sales facility use of the property as follows: - When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy more than twenty-five percent (25%) of the subject property. Not applicable - The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). The proposed canopy is approximately 19'3'; which complies with this requirement. - Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons. Such stacking lanes shall be sepazate from azeas required for access and pazking. The stacking lanes shall not be located within ten feet (10') of any abutting residential districts. The submitted site plan shows adequate stacking area on the site outside of the fueling areas. - If the use is unattended, the standazds in accord with Section 11-3A-11 of this Title shall also apply. Not applicable. Building Elevations: Building elevations for the proposed convenience store were submitted with this application and aze included as Exhibit A.4. Exterior materials are proposed to be EFIS (Exterior Insulation and Finish System - i.e. synthetic stucco) with stone veneer accents. The roof and awning aze proposed to be metal. Staff has no objections to the elevations proposed by the applicant as they comply with the maximum building height and size requirements of the C-G district. The proposed building shall be constructed in accordance with the elevations shown in Exhibit A.4. Additionally, the applicant has submitted asection/elevation of the proposed fuel canopy, included as Exhibit A.S. The proposed fuel canopy height of 19'3" complies with the maximum height limit allowed of 20 feet listed in UDC 11-4-3-20 for overhead canopies and weather protection devices. Access: Access to this site is proposed from W. Ustick Road across Lot 5, Block 1, of McNelis Subdivision via aningress-egress/cross-access easement recorded on the final plat. An ingress- egress/cross-access easement is also depicted on the fmal plat for the benefit of the subject lot across Lots 2 & 3 to the north for access to Ten Mile Road. No additional access points are proposed with this application and none aze approved. Staff is supportive of the proposed off-site access points to the site. Parking: Per UDC 11-3C-6B, in commercial districts, one off-street parking space is required per 500 squaze feet of gross floor azea. Based on the total squaze footage of structures on the site (4,200 s.f.), 8 pazking stalls aze required; 20 spaces aze currently provided including 1 handicap Maverik CUP-08-009 Page 7 ~~-~: ~ Y ~. ti r -i _,F, ` .r ~ ' ~ ~ 4, F. ~ _ ~ G ~ ii- iS ~'` ';r r ~ !J ~ 7~ ~ * 1 -1~: . i. .~ ~...':~: °:>d~a~ CITY OF MERIDIAN PLANNINti DEPARTMENT STAFF REPORT FOR THE HEG DATE OF MAY 1, 2008 :<, stall (parking under the fuel canopy is not included). Additionally, per UDC 11-3C-6G, one e"°"' bicycle parking space is required to be provided for every 25 vehicle spaces, in compliance with the standards listed in UDC 11-3C-5C. Per this requirement, a minimum of 1 bicycle '';~' space is required to be provided on the site. -,y, '~'`'~, Site Plan: Staff has reviewed the site plan (prepared by Dixon + Associates, dated 1/08, labeled as Sheet C-0.1, included as Exhibit A.2) submitted with this application. The following items '~"~'! should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance application: (Note: The scale appears to be off a little; the dimensions depicted on the plan are correct but they don't scale out correctly.) • Per UDC 11-3C-6G, provide a minimum of 1 bicycle parking space on the site in ':~`~ compliance with the standards listed in UDC 11-3C-SC. uc=: ~~m • Per UDC Table 11-3C-5, all parking stalls shall measure a minimum 9 foot in width and - 19 feet in length. '~~ `'~ • Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and ~~ °'i shall not be less than 5 feet in any dimension, measure inside curbs. The two planters on ~:~~_ ~` the south side of the building on the east are less than S feet in width; revise plan accordingly to comply with this requirement. r~~ • Per UDC 11-3C-SB3, the easterly 4 parking stalls on the south side of the building shall ~`~'"'~ ~~:.,. be provided with substantial wheel restraints to prevent cars from encroaching beyond the stall area onto the sidewalk or the sidewalk may be widened to 7 feet to allow for ~',, vim' overhang in this area. .k • A minimum 5-foot wide perimeter landscape buffer shall be provided along the north -- side of the trash enclosure adjacent to the north property boundary, per UDC 11-3B-8C. ` ; ~ The buffer shall be planted with a minimum of 1 tree per 35 linear feet and shrubs, lawn, ~ or other vegetative groundcover. • Per UDC 11-3A-17A, all sidewalks shall be a minimum of 5 feet in width. The sidewalk on the west and east sides of the building are less than S feet in width; revise plan accordingly to comply with this requirement. Landscaping: Staff has reviewed the landscape plan (prepared by Gardner Engineering, dated 1/08, labeled as Sheet L-1.0, included as Exhibit A.3) submitted with this application. The following items should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance: (Note: The scale appears to be off a little; the dimensions depicted on the plan are correct but they don't scale out correctly.) • Per UDC 11-2B-3, a minimum 25-foot wide street buffer shall be provided along W. Ustick Road and N. Ten Mile Road (both arterial streets) in accordance with the standards listed in UDC 11-3B-7C. • A 20-foot wide land use buffer is required along the west property boundary, per condition of the preliminary plat. The submitted landscape plan shows the buffer located ` ~' on the adjacent property as depicted in an easement on the fmal plat. Said buffer shall be landscaped in accordance with the standards listed in UDC 11-3B-9C. Said buffer must g be installed prior to occupancy. • A minimum 5-foot wide perimeter landscape buffer shall be provided along the north ,rY side of the trash enclosure adjacent to the north property boundary, per UDC 11-3B-8C. "~ The buffer shall be planted with a minimum of 1 tree per 35 linear feet and shrubs, lawn, or other vegetative groundcover. Maverik CUP-08-009 Page 8 5`t ~ A y~ ~ r t'~'} Y ^ a ~ s y r '~ Y A~l 1 '.G ~ . ~ V~ ~' x: _ i . 4 ~ i ;, ~ ~.r~~' ~ z ~.. ~~ vr~ ~, Ns~~~~ - ~ n;~~a , ~:, r ~.. a .-,ti , A S k n- ~~ 1 ~ ~ f t '• '4. ~. .x . ~l f.:'~ ~. o 1 ~ .3 k ?; ~' i.ik ~ ~ -- . y, . f'.Y 5 ~f ~ ~~~ ~ ~ £ ~*'{~ ~ ,f F ~ ~ } Y "~ R ~"~~%! t =~ ~~ ~~ > J ~~ ~ ~ ~ d;rJ{~ { ~ y~; ~N ~ { ~ F a J [n } ~~~~~ ~' i l '~ t - f { ~ t': ~~' L~{. _. ~ - W~ } ~ C, ~ } ilT fi ~..t ~ ,ti ' . er '1r y~` ~ w ~L, ~ '. '~~ t, AAiim~ ~~ ~i_ 4 rL ~~ ~~ Pfd` 3 _.: ,~ !. ~i ~' ~` ~i 4 4e ~kp, ~:S ~ - a ~.' ~ u ,. _~ ~- ~:. t ~e Ti'1r, 5>$ o M' ~ ~ '~``~ ~ )~ ,: 4 r._ r ~ ~.,,t.~ a~"r, ,.rc ~"'h~ ~ .-. CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEG DATE OF MAY 1, 2008 • Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. The two planters on the south side of the building on the east are less than S feet in width; revise plan accordingly to comply with this requirement. • Per UDC 11-3B-8C2d, the landscape planter on the south side of the building at the west end of the parking area shall contain at least one deciduous (class I or II) tree. Outdoor Seating: An outdoor seating area is not depicted on the site plan and is not approved with this application. Staff spoke with the applicant to confirm this and the applicant stated that outdoor seating is not proposed at this location per the desire of the adjacent residential neighbors. (See Police Department comments in Exhibit B.4). Fencing: Chainlink fencing is proposed along the east and south sides of the building to screen outdoor service and equipment areas. Per UDC 11-3A-12, outdoor service and equipment areas shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Per UDC 11-3B-5M, chainlink fencing with or without slats does not qualify as a screening material. Staff recommends these areas be screened by landscaping and/or a wall or fence that meets the aforementioned requirements. The applicant should present, at the public hearing, an alternative plan for screening the outdoor storage area. Hours of Operation: The proposed hours of operation for the convenience store and fuel facility are 24 hours a day, 7 days a week. Staff has had some phone conversations with some concerned neighbors about hours or operation. This was also a neighborhood concern during the public hearing for the McNelis development. The Commission should rely upon any public testimony provided to determine if the proposed hours of operation will be compatible with neighboring residential uses. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior to issuance of building permits, for the proposed convenience store and fuel facility. The site/landscape plan submitted with the CZC shall be revised to comply with the conditions of approval listed in Exhibit B of this report and shall be submitted prior to establishment of the new use. All improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of CUP-08-009 for a convenience store and fuel sales facility, as presented in the Staff Report for the hearing date of May 1, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Plannins & Zoning Commission heard this item on May 1.2008. At the public hearing they moved to apurove the subiect CUP request. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site/Landscape Plan (prepared by Dixon + Associates, dated 1/08, labeled as Sheet C- 0.1) 3. Landscape Plan (prepared by Gardner Engineering, dated 1/08, labeled as Sheet L-1.0) 4. Building Elevations 5. Fuel Canopy Section/Elevation B. Conditions of Approval Maverik CUP-08-009 Page 9 ,9 ~a-=S f- F~a~ : ;~ ~. ~: ;; F N ,, ~. 4- 4 ' 1 3~ ry :~ i 1 _:. t, i ~:'.; t 1 1 ye 1 ,r' p e, }~ ~ ~ ,~, CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Idaho Transportation Department C. Required Findings from the Unified Development Code Maverik CUP-08-009 Page 10 r ~: CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE ~ARING DATE OF MAY I, 2008 A. Drawings 1. Vicinity Map Exhibit A Page I Ls. ~: . CITY OF MERIDIAN PLAIG DEPARTMENT STAFF REPORT FOR THE RING DATE OF MAY 1, 2008 2. Site Plan (prepared by Dixon + Associates, dated 1/25/08, labeled as Sheet C-0.1) m.®. ~~m. .._.. a ~ a ~:~ ;~ . .®.... ! ~,~' ,, ! ~ >®,~ eai car N'•re °ww '~ ~~ I ~ '~ ~~ wow _ I ~prp~jp{~ i I,pipd fop6 rht - ~LLe41U .y r~~e.~.. r. ~~ SF I ~~ rrr~ ~~1~~ 'Lv~sTa~ ~ ~ .@Rf SZSP°~' STOSl ~, ~ .. ~` SIIPfSIlSlS ~ li tscefASHlttSb ,: { .~ ~ f. T®E~e R6 B¢Baum,IB BaBu . a ~ 1 ~~ $ ~ - ~ ~, awe,. ~~ ~~ gym. /~ ~_ / , f mreom __I ~. _ ._ J_ ~_-_____--~~_~___. ____~~- PAeYQib ffiol YCL rote a~ C~cpy ~~~ SITE PIAH ~'i I ABJ~ITELRSHSL BITE PIAS I v tl9 aaEDl 6a1~G4rE NAPo es, rue as ~nac I ~ 0811CB SOSO . mo ~u.oalo a~,a, ~!'~~ arms aenaatr ales M ~ GQ.1 Exhibit A Page 1 3 `: ~ k ~.y`F C~ 7 R~ti~S ~':'f ~rf „1 a,~ r . ~~ e .?yes r ~ ~* r~ ~~ i~ti~ ~ '~~ p~~' u.Ly 'v ~ 'r~ ,a ~ „y _... ,~ .. r1'a __ ^. -.,. ~~` ~~ o- -~Y~'?' ~. s ~ -. J .r. i G~ ,k i ~, ±i, ~;S I Z~ .« n ~ ~~';. ti. j ~ C ~ r ~a '!,. r J F~~ ~ ;~ l }. ~_ $ 1 ' (.i ~~ P ~ a , ~. ~ a T' ~, ~`- >' ~` ~ k I:' r., ~~ CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE RING DATE OF MAY 1, 2008 3. Landscape Plan (prepared by Gardner Engineering, dated 1/08, labeled as Sheet L-1.0) _ _~L .,.. ~:r ~~ r ~aa,: m,ma arw r.~ :aT,nmo.~a.=..a ~i»a ~i E'^3 , _. J . i. 9 ___~C 1 ____- _ .. _~ __ _ f ~ ~ _ _ ~~ (~ -r ~ MAVE'RHC ~' k. e , I i `~ T J - ~ .I ~ ~. H 111 ~~ i~ ~ ~,d ~ e ` ~ -- ~ H T 4 -- 4. ~r I II j'', _' ~, I~ 7~u:+~~ ~j ,, ~ ~ ~ j ~+, c, .r . l,^~ R.adna n~.L 1 ~J ° ~mIIaP Pwit. aLHw auTH 1.v9 ~ 0 6 un:~ow nL norm m z~t~ ~a~ d "~ =:'S I I i i a~ ff.h rl .g,....^~.'r ~ r a~St , r-r°- ~, ~ „~ ~, a ~ I" ~I ~ 'S TMl {a ~ll n ~~ ~ ~ W. `Tn ~~ 1 ~ B^a ms,n , ~, ~ ..~ F , + ~ ~ = ' ~ ,f,.l ~ taw ~` .~° ~ ~',f i i i i ~~ r, i ~ ~2 ~ L8G8 D 6E58- tioTEs I ~ ~ ~F ~ o ~ ~, o~~ . ., II ~ I ~~,,, .~ ~ ,• _ ,7 I ' ...._~~ ~t __~~,, _- ~ ~= _. ~& I -. _,..~ - -°'~`- ° ; ~ ~ _; ' o ~, Ery-a.~a., am- y .,T... ry ,y _ .-__._ ~ I P~.a ~. ace. n.- xs U®ICMH Exhibit A Page I CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE ~ARING DATE OF MAY I, 2008 4. Building Elevations (prepared by Dixon + Associates, dated 1/25/08, labeled as Sheets A-2.1 and A-2.2) e.. •~. ~ ~ a a~ 1 t ~ 1 J 1 d a ~ ~~, ' i ~ ~i~' ~ r t ~ ~ a ~ ~ ~ ~~a,~. c /" ~1 ~ mme4 uet®, re a~a~sx mLT®®ami ~fO pmY B ~mmaarmmm~vmTmr ~°a.- a €~ e g e o m(lmBWlTIDm ~...°^. _~.. __-.__ _ _ ~ a mrmurm •~mtom. mymemmmcemo. maTemu ®W m awm ~~ ~, -- ^ ® ~ aou ~ Exhibit A Page 1 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE H~G DATE OF MAY 1, 2008 5. Fuel Canopy Section/Elevation ~~~~ ~. ~~ ~~, a ~~~~~X f~;+~~fl -i~!~eil~ 5~6„~i~Ma ~:~~ ~a~ ~~-;~ e~W~, ~~~ ;~ ~~ a *~, L7 P., '?L yS~ w , ~ II @ TT ~ ~T ~~'~ t _. 'ff~~~t r4#,. 7 j~xY~~ ~ ~~~~~ f~~~~t~ i ~~' Exhibit A Page 1 a ~= ~~~ .° CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAIaNG DATE OF MAY 1, 2008 { ~ B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site plan, prepared by Dixon + Associates, dated 1/25/08, is approved, with the conditions listed herein. The Applicant shall comply with all applicable conditions of approval associated with this site (AZ-04-004 and Development Agreement Instrument No. 104093293, PP-04-004. TE-OS-003, and TE-07-012). The applicant shall revise the site plan as follows: a. Per UDC 11-3C-6G, provide a minimum of 1 bicycle parking space on the site in compliance with the standards listed in UDC 11-3C-SC. b. Per UDC Table 11-3C-5, all parking stalls shall measure a minimum 9 foot in width and 19 feet in length. c. Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. The two planters on the south side of the building on the east are less than S feet in width; revise plan accordingly to comply with this requirement. d. Per UDC 11-3C-SB3, the easterly 4 parking stalls on the south side of the building shall be provided with substantial wheel restraints to prevent cars from encroaching beyond the stall area onto the sidewalk or the sidewalk maybe widened to 7 feet to allow for overhang in this area. s~ e. A minimum 5-foot wide perimeter landscape buffer shall be provided along the north side of the trash enclosure adjacent to the north property boundary, per UDC 11-3B-8C. The buffer ~y shall be planted with a minimum of 1 tree per 35 linear feet and shrubs, lawn, or other vegetative groundcover. f. Per UDC 11-3A-17A, all sidewalks shall be a minimum of 5 feet in width. The sidewalk on the west and east sides of the building are less than S feet in width; revise plan accordingly to ._~~, - comply with this requirement. ~ 1.2 Th e landscape plan, prepared by Gardner Engineering, dated 1/08, labeled as Sheet L-1.0, shall be revised as follows: r~~ a. Per UDC Table 11-2B-3, a minimum 25-foot wide street buffer shall be provided along W. y Ustick Road and N. Ten Mile Road (both arterial streets) in accordance with the standards listed in UDC 11-3B-7C. b. A 20-foot wide land use buffer is required along the west property boundary, per condition of 'sk-= the preliminary plat. The submitted landscape plan shows the buffer located on the adjacent r* property as depicted in an easement on the final plat. Said buffer shall be landscaped in ~ accordance with the standards listed in UDC 11-3B-9C. Said buffer must be installed prior to ts'v,' occupancy. e ~ "'` c. A minimum 5-foot wide perimeter landscape buffer shall be provided along the north side of the trash enclosure adjacent to the north property boundary, per UDC 11-3B-8C. The buffer _~ shall be planted with a minimum of 1 tree per 35 linear feet and shrubs, lawn, or other = vegetative groundcover. '`~'~'~~' d. Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and ''~"~'' shall not be less than 5 feet in any dimension, measure inside curbs. The two planters on the south side of the building on the east are less than 5 feet in width; revise plan accordingly to _ ~-,: comply with this requirement. Exhibit B Page 2 Y~ ~ j w .. A ~ ate' tit ~ ~ j~. ri 3 1 i"}.r.,,yi. n>> + ~'_f~ a ~ 43iQ+ n, -q'ct r ,,' tyi,S )fir. tvF~~Ltr ~, 'R 4SrXi~ ~A. Y3'y" ~li ,. ~` .M `,~~s,~ 3 ~ 'KK i4 ~ $ ~ f ~~ ,: (-" ~. h~ o ` .Ca ~k Y~ p ° "S Y ~ k 0.H !e r-t 4 ~` ~ 'b 3 .r ii' ~ ~ t J :_~ ~~ ri Cyr : ,G a'.~ x - - ' ~?'- ,f ~ rr «~ k f ~„~, { F zJ ~: `sir ~~ ~~~ .~~~ 7 k ~ ~t~ ~ ~_~ i~. rR: ,.. f~)3 ,~~' - ;:, } i ,: ~, ~ .i - • ; r r 4, . 4 S ~t~ t i C, CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 e. Per UDC 11-3B-8C2d, the landscape planter on the south side of the building at the west end of the parking area shall contain at least one deciduous (class I or In tree. 1.6 The applicant shall comply with the applicable Specific Use standards listed in UDC 11-4-3-20 for fuel sales facilities as follows: a. The total height of any overhead canopy or weather protection device shall not exceed 20 feet (proposed at 19'3"). b. Vehicle stacking lanes shall be available on the property but outside the fueling areas, as proposed. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of--way by patrons (as determined by ACHD). Such stacking lanes shall be separate from areas required for access and parking. 1.7 Building elevations for the convenience store and fuel canopy shall comply with the elevations shown in Exhibit A.4 and A.S. 1.8 The chainlink fencing proposed on the east and south sides of the building as a screening material for the outdoor storage shall be replaced with landscaping and/or a wall or fence that is incorporated into the overall design of building and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, per 11-3A-12. The applicant shall present, at the public hearing, an alternative landscaping/fencing plan to screen the outdoor storage area. The applicant proposed to construct vinyl fencing around the outdoor storage area at the hearing, which complies with the UDC. 1.9 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply with the conditions of approval listed herein, prior to issuance of building permits. 1.10 Direct lot access to Ten Mile Road and Ustick Road is prohibited. 1.11 ,business hours or operation are not limited for this use on this site (the convenience store/fuel facility is allowed to operate 24 hours). 1.12 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.13 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance (UDC 11-3D). 1.14 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer Main was installed with the plated Mcnelis Subdivision. Services will need to be installed to the new building at the developer's expense. 2.2 Water Main was installed with the plated Mcnelis Subdivision. Services will need to be installed to the new building at the developer's expense. 2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point Exhibit B Page 3 ' ii~~3L t-.~'~?~~ .i Y a 1~=. v i tir ~ ~ ~ ~ §:~~ ~ .'t S ~~ `pit 1# Y.~3 ~ ~ r r ~ '~ ~ ~ . t ~ L ~' FfA Y m { a tip ~~~ ~ ~ ~ ~ - Y ~ ~ }~ ~~'~1~rF;~~~ a. 7s.+ K a ~3A k ~'~ . ~~r ~Y~ f ~~ M~t 4y'~/~~ ~ ~'~ M1Yi y " ~ ' r T ~ Y }y~tu A, x~,. -i: 2 1.19 t a -M" . i ! ~.. ro ~ r ~~ ~ ~ ~ ~.;i;Y~ ~r ~ v c / ` i • ~ tY. .x -cam e t. ~'~ r x .,,~C ' v ~ ~~ ~~ ~ ~~~~ ~ ~ k ~ Z " s ~~ ~_ {` ir~~.jy} ~ ~ ,v vJ. ~ y t 1 d ?~ ~ i ~~ y y y x,~a. 3 ~' y s r r ' R t ~ Y 1'L"c ~a~i- ~} a sy ~i~ _ i=+~ ~. ,fit .i~ ir~7~ rf ~k _ _ ~~ r'7~ 1 k~ l -~,,k~ ti~ t ~, ~ ~ ~3' ` i ?~ ' i ~~-.~'t," ~r c~,,,.~ ` ~ r '` w ~ r~ ,ir~5 .rte., _ .; ~:+ ~ CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEAKING DATE OF MAY 1, 2008 connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. 2.4 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.5 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.6 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to the issuance of a certification of occupancy for any structures within the project. 2.7 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.8 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.9 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.10 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.11 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 3. FIRE DEPARTMENT 3.1 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.3 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface aze required before combustible construction is brought on site. 3.4 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. 3.5 Provide a Knox box entry system for the complex prior to occupancy. 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 Exhibit B Page 4 a, r ~ ~' a N~»°_" ~~ t .., r~ ~~ ~'.ti k r f~..ji~. .'N{~ ?..' I -. t~ ~dy V r4~ S ~ 4i ! .,.,~ ' . 4 ~ ~ 4'~ ~Iry"~-~:~ .t SAS ~S ~~~ ~ ry.Y u ;:~ ~15 ~,,, f w ' A a ~ ~ ~ r ~ r s ~ r ~ t ti 21=,+rr ~ .y's,., .~ ~~ ~~~ ~ ~~ ~, F c ~ : Y ,e ~, yt- ~ N . ' 'n^ ~~~~~~~ Y~~ _. ~:~ '4~'1~~lZk LK~S ` ~{ p i ~ R , ~ _ r ~~ ~,~ "~ ~~~ S~r _ g~ ~ { 3~ 55~~ ~ia r e ~:~ = r 77~ t ~, ~r a ~-~~~ }+u5. ~ r t ~`, ~ _F r ra~~i'~ rt~a '~~' S`4 i r' ,a CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 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 An outdoor seating area is not depicted on the site plan; however, if one is proposed in the future, windows would be required on the building elevation facing the seating area to provide visibility to this area. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICES COMPANY 6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. 6.2 Waste enclosure access: The applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. The site plan needs to be revised to meet this requirement 6.3 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. 7. ADA COUNTY HIGHWAY DISTRICT ACHD ISSUED A LETTER STATING THAT THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS AND REQUIREMENTS FOR MCNELIS SUBDIVISION, AS FOLLOWS: 7.1 Site Specific Conditions of Approval 7.1.1 The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet ofright-of--way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right- of-way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. r. i~=;~. Exhibit B Page 5 ;i. ~, r.,. ~Y<-, YA .v 1, . 3 '~ .~ t.., ,:~ '~ ~s-..~~ ~~~«: AMY ~`- ~-, ~ ;; . ,,1 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAKING DATE OF MAY 1, 2008 7.1.2 The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet ofright-of--way along Ten Mile Road, and construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet from the centerline of the right- of-way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 7.1.3 Construct a commercial roadway that intersects Ustick Road approximately 690-feet west of Ten Mile Road, as proposed. 7.1.4 Construct a commercial roadway that intersects Ten Mile Road approximately 830-feet north of Ustick Road, as proposed. 7.1.5 Construct the internal spine roadway as a 40-foot street section with vertical curb, gutter and a 5- foot attached concrete sidewalk on both sides of the roadway, as proposed. 7.1.6 Construct a 30-foot wide full access driveway that intersects Ustick Road approximately 350-feet west of Ten Mile Road, as proposed. This driveway is proposed to align with Niemann Street on the south side of Ustick Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 7.1.7 Construct a 30-foot wide right-in/right-out driveway ONLY that intersects Ten Mile Road approximately 220-feet north of Ustick Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. Coordinate with District staff to determine how the driveway will be restricted. 7.1.8 Construct a 30-foot wide full access driveway that intersects Ten Mile Road approximately 440- feet north of Ustick Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 7.1.9 Locate the driveways on the internal roadways to be located a minimum of 50-feet (measured near edge to near edge) from any roadway intersection. 7.1.10 Construct a special radius on Ten Mile Road for southbound traffic at the Ten Mile Road/McNellis Drive intersection, as recommended by the submitted traffic impact study. Coordinate the design of the special radius with District staff. 7.1.11 Construct aright-turn lane on Ustick Road for west bound traffic at the Ustick Road/Burley Avenue intersection, as recommended by the submitted traffic impact study. Coordinate the design of the turn lane with District staff. 7.1.12 Construct two 10-foot wide islands/medians that are proposed to be located within North Burley Avenue and West McNellis Drive, as proposed. Construct the islands to be a minimum of 4-feet wide to total a minimum of a 100-square foot and provide a minimum of a 21-foot street section on either side of any proposed center island. The islands shall be owned and maintained by a homeowners association. Exhibit B Page 6 ~ ~, _ ,~ xr ~ N :ct~ {"~ ~s ~~~~S h t f1{' t s~f ~_ ~ ~ 1i ~ ~ ~ ~ ~ f ~''{u~ ~, Yt'il ~' ~ ~~ ,~ 2 ,~,.~^~i nu4.~. ~~ ~ iT ~ b. `~'""4~~~11.~``ff ari°~f ' r ~' wiz tr :q + ' ~. J" ' ~' ~ ..y r. ~i , # Sw i Q ~1 ;~~~ ~t . 3 , ~r ti~ r ` a t ~ y , ?r l - i } 1~t + [ i y !' ~ ~ ~' ~ - ` A ', ~ ~ } ~. ~ ~ ~ :s '~r; t } ~~{ ii~~" 71. Y, {, ~ 4 ~j ` ' V i ~ ({yfp 1 c l ~ S ~ - ~ J ,.Jti, .~ '~ ~~ 4 a ~Y~ 'F.ii( ~ ~ _ .3 t ~h~ ~ ~y ti '~' c iti { F ~ a, i` i £Jy' _ ~ t +~ } y ~ ~ * ~ ~ . ry 1 ~ sti ~.:~ J~ry~~ ~. l _ j`. r , { ~ f y 5 ~t ~ ,+.. 1~'x h' ~ '~'"i * ` ` T / !~ ~~ -fT ~, f ~y ~ J ~ 1 J h.7 e~ "r. F ~4 _ i r ' ~ l ~ '3~~ ~ ~'{ l r 5 ~; r x a ~ F ~'t w ~~~ ~~ 4'~ . ..x. f- ' v. ~ , CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAla1VG DATE OF MAY I, 2008 `', ,,;:=i ~t :° :~, ~:x `I 7.1.13 Other than the access points that are specifically approved with this application, direct lot access to Ten Mile Road and Ustick Road is prohibited. A note of the access restrictions shall be place on the fmal plat. 7.1.14 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.3 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.4 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.5 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.6 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.7 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.8 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.9 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.10 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.11 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 7 ~ ., r .rF ~ ~~ M t, 8. li . y 4, 'Yie tlJ, - ~ T ', .: r,~ t ;~,s , ~; ~'~~ . - ~~ ~ ~ ~. ~ ..? F r 'z £ F-i7 t j '~~ I ~ $ ~~ S ri. 4k 'R . ~X:rt- ~ ~ ~~ ~ t.P '~ ,~} tr. ~ ~ ~ ~,t ~fr~~ E ~~ ~ x ~ ` int. < ~t7. Y' ~5,_ 3~e ~~. r~ F' ~ y C7.St'',. y~ y~'. ~~ _ 3y ' .f'.~v~ , { ~ 0 1 ~~~ ~ '~ . ~~, ~~ ~,~ m i x: r `~ ~-~~ ~: '-,, ,w ~~ ~. '~~~~. ~~,~ N~ r %~ ~`~_ ~ +~- ~~~ ',~ t S-'t CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA'I~TG DATE OF MAY 1, 2008 ~'/ ~~;, °`r ,~; ,, P_ :5;: ;'~ ~~ ;; ~: - ;; f; ~:: C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the existing site is large enough to accommodate the proposed use and comply with the dimensional and development regulations of the C-G zoning district. However, the applicant is proposing to construct a required 20-foot wide landscape buffer off site, on the adjacent property. If the adjacent property owner does not consent, the site plan will need to be modified. Staff recommends the Commission rely on Staff's analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive Plan Future Land Use Map designation for this property is Commercial. The property is currently zoned C-G, which complies with this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission fmds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, the Commission believes that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fn a protection, drainage structures, refuse disposal, water, and sewer. The Commission fmds that the site will be adequately served by the previously mentioned public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. '' `'~ Exhibit C Page 2 t p ~5 32i~ •~ 4. F~; + I • ~~ g'4:~n -dik ~t'i ~ ~: g 4` + y7 ~ ? ~~ ~' ~> " ~ +fiz c +!} h,~~,~'~ rte, v ~ ; ~. - i$ t. 5 1 rt ::: ~ 2. ~~ ~ r ~ `' a `r ~ _Y-~'k^ t 4~ i`z0.~ ~ ~. ~ ~ ~ ~y~4y,• ~~.~ F J r f ~ ~' ~ 1 TT 'ai 'S ~• ~ ~~ ~ 1,~'~ xc r a3 I 1 - ~ Rf '"S V ' ~ f t T ~~~ ~,ySo- ~~ , L ~ H y .Y M .t'F` q ~ > ~~ - . f"N 4r.}~ ar ''d`~ Pt r ~,; ~$ r~ x n ~ ~s x ~" _ ~ V ~~ b? Y °a ** .~f .f 1. v. _ ~ ~~~~ X'~'!~jt' ~ t~`jti ;. - y ~ ~ ~ t~ i ~ ~r ~r } ~~Fh F} k. ~~ ~~ , , { ~~1''t hd '~t ~ ~ `,--,r. ~",F It`d' ~. ~ 4 ~~ r x 4 4 'R ~ N.s ~ A +L~ ~ d~f k r~' ~ - ~~ ~ r,.~ r f.T 3 i - :.,,. s~ r .: ~< r ge p, .~' ;~, <';~'- .a,, ;~~; F:c 1:: FE. ,~~ r J.^ •4' ~`A r,,.; ;da ..,~';~, . ,_a m ,'f t14~ ~r` CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY I, 2008 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The Commission recognizes that traffic and noise is a concern; however, the Commission does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The Commission fords that there should not be any health, safety or environmental problems associated with the proposed use. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C Page 3 ~, r 7 t ~,;~! May 12, 2008 CUP 08-007 ~.~ - t. r.r~ 3. MERIDIAN PLANNING 8~ ZONING MEETING May 15, 2008 "~" APPLICANT Fred Meyer Stores, Inc. ITEM NO. 3-C ~?~ , ~.: REQUEST Findings of Fact and Conclusions of Law for Approval -Conditional Use Permit ~- °:r :' : for adrive-thru phramacy in the C-G zoning district for Fred Meyer Pharmacy -NEC of N. Locust Grove Road and E. Fairview Avenue `` Y1 ~-~""~ AGENCY COMMENTS ~~,:: 1; "°'" ' CITY CLERK: ~~ CITY ENGINEER: -;_ ~, CITY PLANNING DIRECTOR: See Attached Findings r~'~~',,;i CITY ATTORNEY ~,,> '' CITY POLICE DEPT: ~ ~r` ' ,,p ~ ,~1- CITY FIRE DEPT: ~ ~ V ~- 1 ~ ~~" CITY BUILDING DEPT: ~ ~ 4':'. CITY WATER DEPT: ~r' CITY SEWER DEPT: r~W ~•:':. CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ~' SANITARY SERVICES: ;, :a~.~ "~`r`~ ADA COUNTY HIGHWAY DISTRICT: {.#~ , ~``t`_ CENTRAL DISTRICT HEALTH: '~-~ NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. a 1 iY~ r ~M. e a~Ki ~ `~3. Z ~~ ~--: ~.Y 4~ ~ .ihy ~,~t',. t '9 1 ' yy~ Si~ u h~S~~~r~ `i .. 'f ~~ 1 ~.: L ~r r>. N " ~3.','"i"n~ R-*~ y~p'A ,, F::: 1 ~K':G a ' ~~ 4,x ~ 3,y~. -y3'. i.' ~ , y f~ n'+ .] Phone: ~~ : ~i .r~ . 5. ~ } Y t s ~, E. y'.j .. ..tilt ;~~ 4 ,F 1{ ~. ~ ..... . ~. '~ r. ' ~~ - '~ : , ~ 'o 'Y Y , •F 4 ~3 r ,. ~ 1x .. - ,. CITY OF MERIDIAN ~T FINDINGS OF FACT, CONCLUSIONS OF E I~IAl~I `~-^~' LAW AND ~ ®A H ~ DECISION & ORDER In the Matter of Conditional Use Permit for aDrive-through Pharmacy in a C-G Zone Within 300 feet of Another Drive-through Facility per Requirement of UDC 11-4-3-11, by Fred Meyer Stores, Inc. Case No(s). CUP-08-007 For the Planning and Zoning Commission Hearing Date of: May 1, 2008 (Findings on May 15th agenda) - A. Findings of Fact 1:~ "`'.~ 1. Hearing Facts (see attached Staff Report for the hearing date of May 1, 2008, ~~;~~' incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 1, 2008, ^` : I incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 1, 2008, incorporated by reference) ``. 4. Required Findings per the Unified Development Code (see attached Staff Report for the '~<~'i _ hearing date of May 1, 2008, incorporated by reference) w=~> ': B. Conclusions of Law ,.~ 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). ~ 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified ~~ ~~ Develo went Code codified at Title 11 Meridian Ci Code and all current zonin ma s p tY g p _ thereof. The City of Meridian has, by ordinance, established the Impact Area and the ~~ Amended Comprehensive Plan of the City of Meridian, which was adopted August 6 , 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-007 Page 1 ;h ,, ~~" ~' 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which `" shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon `r-:;' the applicant, the Planning Department, the Public Works Department and any affected }.w~,.,~ ~ ,~ party requesting notice. =y~~^-, f s`I 7. That this approval is subject to the Conditions of Approval in the attached Staff Report ~4 °'°', for the hearing date of May 1, 2008, incorporated by reference. The conditions are `' ~ `' concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. 4', .;~ :~:>~, C. Decision and Order ~.. r•t _.,,, 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 , .. 1. The applicant s Conditional Use Permit as evidenced by having submitted the Site Plan, dated 3/19/08, is hereby conditionally approved; and, ~aF:~- `~"' '~ 2. The sites ecific and standard conditions of a royal are as shown in the attached Staff P pp Report for the hearing date of May 1, 2008, incorporated by reference. r~:~' , ~` D. Notice of Applicable Time Limits ~1.;'.=' Notice of Eighteen (18) Month Conditional Use Permit Duration ~' Please take notice that the conditional use permit, when granted, shall be valid for a ,, ~_~> ~~ . maximum period of eighteen (18) months unless otherwise approved by the City. ~.;~ During this time, the applicant shall commence the use as permitted in accord with the ~,~;°, conditions of approval, satisfy the requirements set forth in the conditions of approval, ~~~ and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the ._ final plat must be recorded within this eighteen (18) month period. For projects with -~ multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the -'= ~ event that the development is made in successive contiguous segments or multiple ~. ~~;~ phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the ~`~ one (1) year interval, the conditional approval of the future phases shall be null and ~' ` void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the ~ time to commence the use not to exceed one (1) eighteen (18) month period. Additional ~ `'' time extensions up to eighteen (18) months as determined and approved by the '" ~:P R~a~. Commission maybe granted. With all extensions the Director or Commission may ~_* require the conditional use comply with the current provisions of Meridian City Code ?, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-007 Page 2 r ., . . w .Y1 ~yi: ~ ..: f.. Y1~ •K~ ty ~,4„ fjk ~~..~,, , ~- ~, s. i ~' r lb;h-: i;; - 6' b 2; i 4 ,_ u ~ x_ r-; Y _ 0 0 Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 1, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-007 Page 3 ~~~,; ;~< !. i`i a'; :T _ .~~~ r' ~r~A ,. ;~; ~,~. ~, ',<: ~~° :. -~ ~,. ti ~;.{:t:z :{ ;~ ~ .~; :r_ Fx ~I „; L a~7 i .: ~" ~+. -: :r ~.~'. ~ -~= ~r ¢} '.' ;'r, ~M`Y% `"Y 5!~...., Y..;. By action of the Planning & Zoning Commission at its regular meeting held on the / ..i day of , 2008. COMMISSIONER DAVID MOE VOTED_~ (Chair) COMMISSIONER MICHAEL ROHM VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED~~ COMMISSIONER TOM O'BRIEN VOTED COMMISSIONER JOE MARSHALL VOTED ~~~ CHAIlZMAN D ID MOE ;. ,~ +,,a,~~y~ a u~or//~~`~' " . r _ .~~ ~~i' Attest: ~ d `~f.~i rR ~.. o :. B~AL Tara Green, Deputy ~it~ ~ • Copy served upon Applicant; ~h~ ~g Department, Public Works Department and City Attorney. °~ BY~ / \ ~ ~ ~~,~C~C Dated: S' ~ ~'~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-OS-007 Page 4 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 STAFF REPORT Hearing Date: May 1, 2008 TO: Planning & Zoning Commission FROM: Sonya Wafters, Associate City Planner E IDIAN~k%'=~' (208) 884-5533 I D A H t~ SUBJECT: Fred Meyer Pharmacy • CUP-08-007 Conditional Use Permit for adrive-through pharmacy in a C-G zone within 300 feet of another drive-through facility, per requirement of UDC 11-4-3-11 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Fred Meyer Stores, Inc., is requesting Conditional Use Permit (CUP) approval for a drive-through pharmacy for Fred Meyer within 300 feet of two other drive-through facilities, as required by UDC 11-4-3-11. The property is located on the northeast corner of N. Locust Grove Road and E. Fairview Avenue. The site is currently zoned C-G and consists of 15.46 acres. Unified Development Code (UDC) 11-4-3-11 requires CUP approval for drive-through facilities that are within 300 feet of another drive-through facility. There are two existing drive-through facilities (Subway and McDonalds) within 300 feet of the proposed drive-through. 4 2. SiTNIlVIARY RECOMMENDATION ~~~ Staff has provided a detailed analysis of the requested CUP application below. Staff recommends >x:~ approval of CUP-08-007 for adrive-through pharmacy for Fred Meyer, as presented in the Staff Report for the hearing date of May 1, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Ezhibit B. s'r The Meridian Plannins and Zonins Commission heard this item on Mav 1, 2008. At the public hearins. they moved to approve CUP-08-007. a. Summary of Commission Public Hearin: - i. In favor: Rob Faaliano (Applicant), Dan Forest (Real Estate Manager for Fred Me er r ii. In opposition: None iii. Commenting: None iv. Written testimony: Keith Botkin `~` v. Staff presentin application: Sonya Wafters vi. Other staff commenting on application: None ~ ;;~ b. Kev Issues of Discussion by Commission: >~ ;; i. The Police Department recommendation (see Ezhibit B, condition #4.2) that all ~=? ' :~ schedule II or III drugs be picked up in person, not through the drive through `~ r l tube. xt'~ ~ ii. Possible relocation of the proposed drive-thru on the east side of the Fred Meyer ;~;3~ - , building. - ' c. Kev Commission Changes to Staff Recommendation: `~".;n iii. Strike the Police Department recommendation, item #4.2 in Ezhibit B, for all schedule II or III drugs to be picked up inside the store, not through the drive- thru. `. F.{' 1 . ~1~~ ~ 1 I _ ~~ ~ ~T'`° ` Fred Meyer Pharmacy CUP-08-007 Page 1 ~.-: ::~ ~¢~~~~ i ~r ~; F^4 ~N :." r- _ i~ ~`;` ':1'. i "~~'. ~,}:, r a.. ~~ 7 _ d w : r ~ ,„ CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAIaNG DATE OF MAY 1, 2008 3. PROPOSED MOTIONS ~ Approval 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: (add any proposed modifications). I fiuther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on May 15, 2008. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-08- 009, as presented during the hearing on May 1, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on May 15, 2008. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 08-009 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located on the northeast corner of N. Locust Grove Road and E. Fairview Avenue at 1850 E. Fairview Avenue Southwest % of Section 5, Township 3 North, Range 1 East b. Owner: Fred Meyer Stores, Inc. 3800 S. E. 22°a Avenue Portland, OR 97202 c. Applicant/Contact: Same as owner d. Present Zoning District: C-G (General Retail and Service Commercial) e. Present Comprehensive Plan Designation: Commercial f. Description of Applicant's Request: The Applicant is requesting CUP approval for adrive- through pharmacy for Fred Meyer within 300 feet of two other drive-through facilities. g. Description of Applicant's Justification for CUP Approval: Per the applicant's narrative, the scope of work for the proposed drive-through pharmacy will include, "addition of a pharmacy drive-through which will cover approximately 1,126 square feet; the canopy roof structure will be open on all sides, and have structural columns and a new "Pharmacy Drive-Through" exterior mounted sign; and the site around the PRX drive-through will be reconfigured to accommodate a new drive-through aisle and a concrete island for the roof columns and pneumatic tube system." 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, Fred Meyer Pharmacy CUP-08-007 Page 2 ?~- M ~-, ~.r . -. w ,~ +. ,. -, ,... f * jy~ t ~5 ~,jy?~ j~! ~* ~ . •,~~' T r ~YV t F 9; ~ F 1z . L y?y'I~~+'~ Y Thy 1 ~fi.~, ~~' 3 3 ~ "z' ~~ `.~,y.. 4f.. '.~ y~. ';. ~`~ iii. r ~?i' CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAI~TG DATE OF MAY 1, 2008 a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: April 14, and 28, 2008 c. Radius notices mailed to properties within 600 feet on: Apri14, 2008 d. Applicant posted notice on site by: April 22, 2008 6. LAND USE a. Existing Land Use(s): Commercial (Fred Meyer retail store) b. Description of Character of Surrounding Area: The general area surrounding the proposed drive- through consists of commercial uses. c. Adjacent Land Use and Zoning 1. North: Storage unit facility, zoned C-G 2. East: Restaurants/commercial uses, zoned C-G 3. South: Commercial uses, zoned C-G 4. West: CommerciaUresidential uses, zoned C-G and R6 (Ada County) d. History of Previous Actions Pertaining to this Site: • A Fred Meyer retail store has existed on this site for quite some time. • A Conditional Use Permit (CUP-00-041) for a fuel sales facility for Fred Meyer was denied in 2000. • A Conditional Use Permit (CUP-O1-005) fora 3,612 square foot fuel sales facility for Fred Meyer was approved in 2001. A Certificate of Zoning Compliance (CZC-O1-006) was also approved for the structure and use in 2001. • A Certificate of Zoning Compliance (CZC-07-259) was approved in 2007 for the addition of a 1,742 square foot merchandise pick-up area; conversion of a portion of the existing outdoor sales area consisting of 4,700 square feet that is under the main building roof into interior sales floor area; and fenced outdoor storage area consisting of 9,992 square feet. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: No new services will need to be installed. Location of water: No new services will need to be installed. Issues or concerns: None 2. Vegetation: There is existing landscaping on the site. No landscaping is proposed to be removed with this application. 3. Floodplain: NA 4. Canals/Ditches Irrigation: There are no waterways that run through the subject property. 5. Hazards: No hazards are known to exist on the site. 6. Existing Zoning: C-G 7. Lot Size: 15.46 acres f. Conditional Use Information: Fred Meyer Pharmacy CUP-08-007 Page 3 <<L~~_~i~~~ ~~ ,~ ~. J:~ ~~ ~ . / ''M 4 `~ 'k Ly 42 ~vd f 1 1.Y^' ~'~~'.1,~ C ~ _ Y .~n ~~~~ ~ ~r i' yy~5 e~''_y k Y Y ~i 4.. 1 ~f ~ P~ L~{,~y+ ~5- Er r ~ ~ ,~~ t . ~ ~5~r : , ~ ~ .h : ~. ~1 K~ j y ~ y~M ~ ~ y ~~ '~ t k Y~=Fi% ' _ y~1 ~ ~ r ~~'~ ~ ~ ~ ~ ~,13 .. ~ ~ r '3%~ ~ ~~ 14 ., a,.= ~ - i a w`s .~~~ ~ ~ ~`~ t S'" ~ fi w .. Y '3 a~ {f + ~ 4 S~ y 1H Zi. ~.t' .'Y' r A T _ {...,-M~ V a 4f r ~ +' ~S rf ~°~, , ~ 1' I ~r k ~ A '~ ~z~ ,1-3 E fu `~ k y ~~ , Gi .~ ..s` L t y Y S, / ~R{ ~ ~ ~~[ { ~rr~y x t ~µ ; ~~• _ ~ R 1 N _4d, ~iwt~s f C ~ }4 ~ ~ I~x~ i~'~~ 1 ~ f ' ~~? _ , fig- ~ CITY OF MERIDIAN PLA1`DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 1. Non-residential square footage: 1,126 square feet for the proposed drive-through (the overall square footage of the store is 179,320) 2. Hours of Operation: Monday thru Friday 9 am to 9 pm; Saturday 9 am to 7 pm; and Sunday 10 am to 6 pm. g. Off-Street Parking: 1. Parking spaces required: 0 2. Parking spaces provided: 0 3. Compact spaces proposed: 0 Additional parking is not required with the proposed use. The applicant is proposing to remove 14 of the existing 814 parking spaces for Fred Meyers, which leaves 800 spaces. Only 359 parking spaces are required for the Fred Meyer store (based on 179, 320 square feet) per the UDC. h. Landscaping 1. Width of street buffer(s): NA 2. Width of buffer(s) between land uses: NA (There are no residential uses that abut this site.) 3. Other landscaping standards: NA i. Required dimensional standards for the C-G zone, per UDC 11-2B-3: DIMENSIONAL STANDARDS' C-G Front se~ack in feet 0 Rear semack in feet 0 Interior side setback in feet 0 Street landsca buffer in feet Local 10 Collector 20 Arterial 25 En a corridor 35 Interstate 50 Landscape buffer to residential uses in feet "* 25 [see note below] Maxmum buildin hei ht in feet 65 Maximum building size without design standard approval as set forth in 11-3A 3 in s uare feet 200,000 Parking requirements See Chapter 3 Article C. off-street parking and loading re uirements Landsca in re uirements See Cha ter 3 Article B. landscapin re uirements *All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. **minimum setback only allowed with reuse of existing residential structure. ***Where the adjacent property is vacant, the Director shall determine the adjacent property deli nation based on the Com rehensive Plan desi nation. The proposed drive-through and canopy comply with the dimensional standards of the C-G zone. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the Fred Meyer site exists from E. Fairview Avenue and N. Locust Grove Road. No new access points are proposed or approved with this application. Fred Meyer Pharmacy CUP-08-007 Page 4 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAIaNG DATE OF MAY 1, 2008 7. COMMENTS MEETING On April 11, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial." In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff finds that the request generally conforms to this stated purpose and intent of the commercial designation within the Comprehensive Plan. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) No new access points are proposed or approved with this application. The proposed pharmacy will be accessed internally within the site via the existing access points on E. Fairview Avenue and N. Locust Grove Road. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed drive-through pharmacy will contribute to the variety of commercial uses in the general vicinity and will be a convenience for residents of the community. Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with the existing and future surrounding uses. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Drive-through establishments require conditional use approval in the C-G zoning district if proposed within 300 feet of another drive-through facility, residential district, or existing residence. Additionally, the applicant must comply with the specific use standards listed in UDC 11-4-3-11 for drive-through establishments. b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses which are customarily operated or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services, as well as retail sales for the transient and permanent motoring public. Fred Meyer Pharmacy CUP-08-007 Page 5 r .~_ ~ -~ r zx>r~~., ~..~ -~~ ~~ C~F~ ti5~ "+l. ~. ^. ~~. ~w ~ a w Sot -~y}-pt -+°'-1~ t :~` ~i ~ t ~~ `js ,~~, 1 .. .. _. _ `~.i~ _ v ,~ ~.,~ '~ ~ ~,~~a y~ ~~ r A ~* '( ~ t .v 1 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAIaNG DATE OF MAY 1, 2008 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP request as proposed, with the following comments: CUP: The applicant submitted a site plan (prepared by Barghausen Consulting Engineers, dated 2/28/08, labeled as Sheet PS 2.0) and site improvement plan (prepared by Barghausen Consulting Engineers, dated 3/19/08, labeled as Sheet CA1.0) for this site. The plans depict a 1,126 square drive-through pharmacy. Per UDC Table 11-2B-2 drive-through establishments require conditional use approval in the C-G zoning district if proposed within 300 feet of another drive- through facility, residential district, or existing residence. The proposed drive-through is within 300 feet of two other drive-through establishments (Subway and McDonalds) but is not within 300 feet of a residential district or existing residence. There are also two other drive-thrus within the Fred Meyer complex, Key Bank and TCBY, that are outside of the 300' radius. Dimensional Standards: There are no minimum setback requirements in the C-G zoning district. The maximum building height in the C-G district is 65 feet; the elevations show the top of the parapet for the proposed canopy is 21'4", which complies with this requirement. Drive-Through Establishment: Per UDC 11-4-3-11, Specific Use Standards apply to the proposed drive-through use of the property as follows: - All establishments providing drive-through service shall identify the stacking lane, speaker location, and window (pneumatic tube) location on the plans submitted with the Certificate of Zoning Compliance application. The speaker location and pneumatic tube location are not shown on the plan; these items shall be shown on the site plan submitted with the CZC application. - Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons; Staff believes that if the applicant complies with condition of approval #1.1 in Exhibit B and provides stacking space for 3 vehicles that the stacking lane will have suff cient capacity to prevent obstruction of the adjacent drive-aisle. See Access below for more analysis. - The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; There is a separate lane proposed for the drive-through. - The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; NA (The proposed stacking lane is not within 10' of a residential district or residence.) - Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane; and, NA (The proposed stacking lane is not greater than 100' in length..) - A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. The applicant shall comply with this requirement if covered under the Transportation Authority's (ACHD) jurisdiction. Building Elevations: Building elevations (prepared by Mulvaney G2 Architecture, dated 3/19/08, labeled as Sheet A2.1) that depict the existing Fred Meyer building with the proposed drive-through pharmacy canopy were submitted with this application and are included as Exhibit A.4. The columns to support the canopy are proposed to be round concrete columns that will be painted per the elevations. The facade of the pharmacy drive-through will be an EFIS (Exterior Insulated Finish System) which will connect to the existing concrete tilt-up panels and painted to match the adjacent exterior paint scheme. Staff has no objections of the elevations proposed by the applicant as they complement the existing building and comply with the maximum building Fred Meyer Pharmacy CUP-08-007 Page 6 :;:. ~.. CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 height and size requirements of the C-G district. The proposed canopy shall be constructed in accordance with the elevations shown in Exhibit A.4. Access: Access to the Fred Meyer site exists from E. Fairview Avenue and N. Locust Grove Road. The drive-through will be accessed from internal drive aisles. No new access points are proposed or approved with this application. The two existing drive-throughs for Subway and McDonald's that lie within 300' of the subject drive-through exist to the southeast and southwest of the proposed pharmacy drive-through, respectively. Staff does not believe that traffic movement and stacking for the existing and proposed drive-throughs will interfere with each other. However, Staff is concerned about the amount of stacking available for the proposed pharmacy drive-through. Per the applicant, the pneumatic tube is proposed to be located approximately 6 feet west of the center support pole for the canopy, which leaves enough stacking room for approximately 1 additional car. The applicant states that historically, Fred Meyers has had an average of 4-6 customers per hour that use the drive-through pharmacy facilities. Based on that number, the proposed amount of stacking is probably sufficient. However, to ensure that the adjacent drive aisle is not blocked during especially busy times, Staff recommends that the tube be relocated further to the west to allow room for a total of 3 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 concerned about the ability of drivers exiting the drive-through and merging into the through lane to be flexible enough to look behind them to the east to check for oncoming traffic. Because of the angle of the exit lane in relation to the adjacent drive aisle, it will be difficult for most motorists to safely check for on-coming cars. Staff recommends that the exit of the drive- through be re-designed to be close to a 90-degree intersection with the adjacent drive aisle. Parking: No new parking is proposed or required with this application. There are a total of 814 existing parking spaces on the site; 14 spaces are proposed to be removed where the drive- through is proposed. Per UDC 11-3C-6B, 1 parking space is required per 500 square feet of gross floor area in commercial districts. The overall building square footage of Fred Meyers is 179,320, which requires 359 parking spaces. The site still meets and exceeds the minimum parking standards required by the UDC. Site Plan: Staff has reviewed the site improvement plan (prepared by Barghausen Consulting Engineers, dated 3/19/08, labeled as Sheet CA1.0), included as Exhibit A.3, submitted with this application. The following items should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance application: - Depict the stacking lane, speaker location, and pneumatic tube location. - Relocate the pneumatic tube location further to the west to allow room for a total of 3 cars to stack (including the one at the tube) without hanging out into the adjacent drive- aisle and blocking traffic. There shall be a minimum of 60 feet from the tube to the end of the drive-through lane. - Re-design the exit of the drive-through lane to be more perpendicular to the adjacent drive-aisle. Said exit shall intersect with the drive aisle at approximately a 90 degree angle. - Extend the overhead canopy to cover the car park area at the pneumatic tube. (The canopy is not required to cover all of the stacking area.) Landscaping: No landscaping is proposed or required with this application. Fred Meyer Pharmacy CUP-08-007 Page 7 ~ . ,, .. ~ }, ;:' -; r .; ., 3 `r V -;: y r J '~ Y ~t z. .~ ,~,'c ,r . z k- ;~.~; r '- fi, 3 ;'ta -. A;,. ~~- if, ~, sk' ~,. Y~;„ CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEG DATE OF MAY 1, 2008 Hours of Operation: The proposed hours of operation for the drive-through pharmacy are Monday thru Friday 9 am to 9 pm; Saturday 9 am to 7 pm; and Sunday 10 am to 6 pm. Staff has no objections to the proposed hours of operation as there are no nearby residences. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior to issuance of building permits, for the proposed drive-through pharmacy use. The site plan submitted with the CZC shall be revised to comply with the conditions of approval listed in Exhibit B of this report and shall be submitted prior to establishment of the new use. All improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of CUP-08-007 for adrive-through pharmacy for Fred Meyer, as presented in the Staff Report for the hearing date of May 1, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Planning and Zoning Commission heard this item on Mav 1, 2008. At the public hearinE, they moved to auurove CUP-08-007. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (prepared by Barghausen Consulting Engineers, dated 2/28/08, labeled as Sheet PS 2.0) 3. Site Improvement Plan (prepared by Barghausen Consulting Engineers, dated 3/19/08, abeled as Sheet CA1.0) 4. Building Elevations (prepared by Mulvanny G2 Architecture, labeled as Sheet A2.1) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from the Unified Development Code Fred Meyer Pharmacy CUP-08-007 Page 8 ~`'+'_ ; CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE G DATE OF MAY 1, 2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A Page I CITY OF MERIDIAN PLANIPING DEPARTMENT STAFF REPORT FOR THE ~ARING DATE OF MAY 1, 2008 2. Site Plan (prepared by Barghausen Consulting Engineers, dated 2/28/08, labeled as Sheet PS 2.0) OVERALL SITE PLAhI o '' lid ~ ~ a~.~~ mac. 4 ._Y ~--_ ~ s ~~ee ' r-m ~ „Q; 4" F,U11VR3. Fi €NJp . ~- ~ .r~w.rau~ °' _ _ ~~~ ~~ ~ sus _ _ - \ -..- ~QS ~ i ' ` 6 - ~ ~ ~ ~~ ~er~.osa e.a. r -- ~ ~.,~w,. (~ ` .q_14 R.O. ~.4 s'3Al]~FL% A. _ m ~ { - ---~' _~ ~ iY ~ ~ti i ~ _ ~ 1 ~~~ ~ -._ ~ ~~~ ~a~ n ~• ~; T ~~~~ Proposed ®. ~®~ Pharmacy "84 0 , `~ Drive-through I o w , ~ ~',~ Q., ~ ~ ~ cox»it~otuv. ~ ~ ~ A i ~ w'm U$E PERMIT a ,~ ~ ^s, , ~„ -~ ~ -- ~~ ~ ~~ o ~ ~ - - ]o~; ` ~ - --- ` 1 ~ ~_ _- __-- L6E' i `OC • F '! '_t R 103 b _~ A d 4 ~~ S7t •J ~ , p.315 9.? ~ b 1 -; 'B'4 P.G. ~. o ~ uu+ra` l - ' .. ~;~. - j 1 I~~~ A~ ~ ~ ~ s t ~. n nz a [ww vs~ ~ - -~ FAIRlIEW AVEM1I[E ---- -.. - - _- SRE FI,An7 I~ -- -- __ ___ _ -- _ - -- -- PS 2.0 ~~ Subway McDonald's Drive-through Drive-through Exhibit A Page 1 ~ ~. - ~ - a ~`;`' ~ ~" ' p , ~~ .~ ,, r ~~' r ~. ~ ~F-~ _ W A ] r rr ~ ~r ~~5~ ~` ~ ;;;~ ~ ~ • 4,_~ 4 ,h~~ '' ~, ~ ~ „. ~, ~ -~ t+~ ~; ~ ' _~k ~~, E J 7.v ry'f!~b4t 'F.' 'Y ~k Yr 4 .~~, 2 ,}. 7k M _ yy, -y 'TT ~'~~ M1 J fi~~ y _ 4 ,+, '`e- ~1F ~ I ~ ~~ '~ ' a .~ a ~~ "r - Z} 1 r ~`k''L^ i ~~[ ~ i .; s r " S t Fir.' j ~!+ ~ y^,,t`~'1' =~ k MF w.~- V ~?ttr°t ~~1 ~~ CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE ~ARING DATE OF MAY 1, 2008 3. Site Improvement Plan (prepared by Barghausen Consulting Engineers, dated 3/19/08, labeled as Sheet CA1.0) i 917E IMPROVEMENT PLAN 449 -- 6TQPP A'~1BD Ei€fll6%Nt ~~ ~ ~ ~~ c ;: -ems. ~ ~ „, r,Qa:¢g nay ~' J~Irs ;, f ~_~, ~ ~~ ¢u, l r ~ rte. rw ~ © f~D 1 ~ 13r4R€A t - ®~~ _~ ~ ~~ ~ ' ~~,,, ~ ~~nrx~cnrc~rucura ~ .- - -° ~~e.®~ ..m.m.~....Q.m...o d ~® ~~~ ._ ~ - e .... , r~~~ ,~ ALTERNATE ` ~r ° as.~s.ae ~...,~.g.~e~ a~ ~, -~ ~~ ,~~ 1~ --- -:- ~ r,, ~; -- - - - .. . } r e. ~~ - - f m , Fm ~ _ 4 om n ~ ~~'`' `~ .~ ~" ~ ~ ~-~~`~'~ .~ I "~'~ ~: ~ ~ __ -<~a., - - ~ . ~ ~ d ~ d ~. ~_ -~ - ~ , ,~ e ~n~~~ ~-~~~-~~-~---;_-~ ~ ~--- -- auro ~ gee eawo r-, rxr awn cite cue ~~ cams aw ur gcewwo ~ gr~exua ,xan oer~ee ~. CA1.0 ~~ Exhibit A Page 1 T I j: ~. t ~i} ~iYe _~1,~ $ r ~~ 2~ ' ~~ ~~~~' _ ~.~ ~~ {~. ~,4 ,~ _ 4 M Y _ fi~~.F ~ ~~w Y I 41'~~i.r~'t ~i ,_~~S4.Y ~ ~w.ff ~ 9. ``°' s r:v ,J~.~ 1 f.; a~ ~" .i ff4 Tt" fC. ' ~:fi ~a ~ ~ .~~`<'' ~ ,, ~ +i Y~-~ry~ f w 'Y 3' _ S i 2 L f ": K 1 ~ { .'~ ~} ~ ~-~ µ Y .~ 1 P -.~r,i i"~+r T,~t +.r c r, e~ t:,e a ~t li e c ~ ~. ~ ~ ~: ir,' ;` >.r,! ~,~ ~~ ~'~ J.: 'r ~: ,; x, y z~ ~ `Ir !~{~ ~~~ y ~, ``" f „~. c wr. ~-~ ~~: ~e n ~. ~ - ° z; s~:,~ t >: ~ ~ . A y .3~' CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE ~ARING DATE OF MAY 1, 2008 4. Building Elevations (prepared by Mulvaney G2 Architecture, labeled as Sheet A2.1) ~~ vw,~~ ~~.,~~,~ ----~ _.~ NORTHWEST DECOR - ~ _.. c .. . w;.e: 4 NORYN ELEVATION __.__ _~ BN6-7 BRLLM IM) OTMWONM (vi) PWARAIRCY DRIVE THRU ' 1 mmma+owar~une IPSO ^ $. PHARMACY ELEVATION 100Wi0 WOOD (P6) exm+ior<ocaLxm t~tz rnn.-~ 142.1 Exhibit A Page 1 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site improvement plan, prepared by Barghausen Consulting Engineers, dated 3/19/08, labeled as Sheet CA1.0, is approved, with the conditions listed herein. The Applicant shall comply with all applicable conditions of approval associated with this site. The applicant shall revise the site plan as follows: a. Depict the stacking lane, speaker location, and pneumatic tube location. b. Relocate the pneumatic tube further to the west to allow room for a total of 3 cars to stack (including the one at the tube), or approximately 60 feet, without hanging out into the adjacent drive-aisle and blocking traffic. c. Re-design the exit of the drive-through lane to be more perpendicular to the adjacent drive aisle. Said exit shall intersect with the drive aisle at approximately a 90 degree angle. d. Extend the overhead canopy to cover the car park area at the pneumatic tube. (The canopy is not required to cover all of the stacking area.) 1.2 The applicant shall comply with the applicable Specific Use standards listed in UDC 11-4-3-11 for drive-through establishments as follows: a. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- ~. ~~~,; way/driveway by patrons (see changes above); ~~``~` b. The stacking lane shall be a separate lane from the circulation lanes needed for access and ~ah~: ,. ~.~. . parking, ~~, ~.~: ~! c. A letter from the Transportation Authority indicating the site plan is in compliance with the ''~' '` authority's standards and policies shall be required. 1.3 Building elevations for the proposed pharmacy canopy shall comply with the elevations shown in ;' .2 Exhibit A.4 and with the conditions noted in this report. := 1.4 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that ~,~ ,''~ comply with the conditions of approval listed herein, prior to issuance of building permits. 'F q{._A 1.5 No new access points to Fairview Avenue or Locust Grove Road are approved with this ~ V I application. 1.6 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing ,~.;I surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. f~ "~_ 1.7 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance (iJDC 11-3D). ``~ 1.8 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. Exhibit B Page 1 41 ;~i~ ~i F. F1~" ~.yr `-.. } A y F i t ~~ ,wY~r,i ~y`~N T L ~^.r •1 S ~ ~...`~. ~. fq. t ~ ~ CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DAT E OF MAY 1 2008 ~~"` r `, ~ ; 3. FIRE DEPARTMENT ~~? -. 3.1 The proposed project has no fire department concerns. 4. POLICE DEPARTMENT ~' 1'" ~ 4.1 A high quality digital video recording system set up to monitor and identify all drive up pharmacy customers is required for the proposed use. . ` . . " P .iT~-in_T.dwi~n_4+••4.. !"~..d.. ..l 1.~. ..l>..~1 ..~ 1"1... ..1. 41... .7... 41. _. ._L .~_L- , ~ ^ " ,. ~~ ~fi - Ce... Ti.i ,1.... ~.. ~1... ..1. Li.d..._. ~a ~ai..l ` d ..aa_,.aa . _a _L---- -- -" -- "-- ,,,1l -- Tl.i~ ...ill l...l.... .l tel. F ~. d tl. ~ •pTiVSY~-A$ .. - ~: ~. lY 5. PARKS DEPARTMENT `~;' r S.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICES COMPANY ' ' 6.1 SSC has no comments related to this application. '" "` 7. ADA COUNTY HIGHWAY DISTRICT ACHD did not submit comments on this application. ~:~~ ~: ~n ~,.: -x¢ - - ;,r :;,.: z. ±~ r .~;:~f w±"T fix; Y ~ sr : .; is ;>,' " ~(; ~,'~21r ~`fe; N ~Ry'~. ~it7 Exhibit B Page 2 t ~`, ~~ ~.: ~~~ CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY I, 2008 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the existing site is large enough to accommodate the proposed use and comply with the dimensional and development regulations of the C-G zoning district if the applicant complies with the conditions of approval in Exhibit B. The Commission fords that even with removal of 14 parking spaces where the drive-through is proposed, the site still meets and exceeds the minimum parking standards listed in UDC 11-3C-6B. Staff recommends the Commission rely on Staff's analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission fords that the Comprehensive Plan Future Land Use Map designation for this property is Commercial. The property is currently zoned C-G, which complies with this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. 'w~ The Commission finds that, if the Applicant complies with the conditions outlined in this report, ;, the operation of the proposed use should be compatible with other uses in the general ~~''~ r:~: ~; i neighborhood and with the existing and intended character of the area. Further, the Commission ~~~- - believes that the proposed use will not adversely change the essential character of the area. ~ ~~ ' ~.. ~ 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the ro ose p p d use will not adversely affect other property m the area. ,~;z~ 5. That the proposed use will be served adequately by essential public facilities and services ;~"t.,i such as highways, streets, schools, parks, police and fire protection, drainage structures, ``~'~' refuse disposal, water, and sewer. r~r' I ~' The Commission fords that the site will be adequately served by the previously mentioned public ' facilities and services. '' ~ " 6. That the proposed use will not create excessive additional costs for public facilities and " ' services and will not be detrimental to the economic welfare of the community. 1,•: If approved, the Applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare Exhibit C Page 2 ~. ~'z .. ._ CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The Commission recognizes that traffic and noise is a concern; however, the Commission does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public as there are no nearby residents. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. S. 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 fords that there should not be any health, safety or environmental problems associated with the proposed use. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C Page 3 t t 5:( {f I r).. 4 S,l~ . ~ l.' ~~ [ , ~< +# ~ ~* ~ ~t ~ ~~ C, .~y ~ V ~..:' ~ f' Y t x~ tir4~ ~ ~r > r ~ ~ ~~ ~ ~ {k' ~ SF ~ ;. ;t '3~1`~ f ;141 !_ P~' ~ _ . ~M f~ S.' ~ 3,~. h~ %.6y ~`~` ~~ ref ~ti ~ a'4~f ,}x i - ~ :t ;I wz `-~,~I ;~z,. 44~ C See Attached Findings May 12, 2008 CUP 08-006 MERIDIAN PLANNING 8~ ZONING MEETING May 15, 2008 APPLICANT Marla Smith ITEM NO. 3-~ REQUEST Findings of Fact & Conclusions of Law for Approval -Conditional Use Permit to operate a drinking establishment in an existing O-T zoning district for Corkscrews - 729 Main 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: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. A._ .:.~ i ._.~ S r. ~ '~ ~ _: a1+ tit y n i Ft~ r;~ ur ~.r .: F+. s ~; 1;~ ~ ~.~ b rah S•ac I'• a~ Date: Phone: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF E IDIAN-- LAW AND ~ ~ ~ ~ , DECISION & ORDER In the Matter of Conditional Use Permit for the Operation of a Drinking Establishment in the O-T Zoning District, by Marla Smith. Case No(s). CUP-08-006 For the Planning and Zoning Commission Hearing Date of: May 1, 2008 (Findings on May 15, 2008 agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 1, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 1, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 1, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 1, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. =~ 4. Due consideration has been given to the comment(s) received from the governmental r,~~ '~;1 subdivisions providing services in the City of Meridian planning jurisdiction. ..,>, ~'~~1 ~~.:. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-006 s'~°`-r Page I ,~ ,, . : .x ~<. s.~.r ~~ µ~- A -;7 C+H ~ 7-K, 4 y 4 '~+` 6~y ,Y 3~ k ' L Y ( G r ~~ ~ Y ~{ h' ~ t Y~r. $ } ~ , D - K~F k,,,.; ~ ..~;:5~ '~ h ` ° - ~ n~, 1 '. ~ ~ F ~ ` ~ i ~ d ?~ C ~. R ~ s;t ~ f. t k' _ ~k ~ ~~ ~ i ~;.' fY)1 ~N. t >~ F rt~ ~r r x I> F h l F ~ ~ ~ ~~ ~s-t - ~ F jy 5+`er~ ' 1. ~, ~, 7 i~~' N y Yk 5. It is found public facilities and services required by the proposed development will not ' impose expense upon the public if the attached conditions of approval are imposed. x` =' 6. That the City has granted an order of approval in accordance with this Decision, which <~ shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon `' c the applicant, the Planning Department, the Public Works Department and any affected r party requesting notice. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report =~~~~ for the hearing date of May 1, 2008, incorporated by reference. The conditions are ~, concluded to be reasonable and the applicant shall meet such requirements as a condition ` r'~ of approval of the application. ~~~-~', ~;:, - C. Decision and Order ':ri~` n - 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 I F > .: adopted, it is hereby ordered that: „~ 1. The applicant's Conditional Use Permit as evidenced by having submitted the Site/Landscape Plan, attached in the Staff Report as Exhibit A.2, is hereby ' conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 1, 2008, incorporated by reference. :~ ~ D. Notice of Applicable Time Limits F,\~ 1.,~ E`~``'"' Notice of Eighteen (18) Month Conditional Use Permit Duration .,, ~ ~'~ ~ Please take notice that the conditional use permit, when granted, shall be valid for a ~ ~ .maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the " `' conditions of approval, satisfy the requirements set forth in the conditions of approval, ti - ~ and acquire building permits and commence construction of permanent footings or «~;~ structures on or in the ground. For conditional use permits that also require platting, the *._, `~`'`' final plat must be recorded within this eighteen (18) month period. For projects with "- multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the ~" ' event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the ~~ period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional ~; time extensions up to eighteen (18) months as determined and approved by the ~~ ` Commission maybe granted. With all extensions, the Director or Commission may .' ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-006 ~, Page 2 ~- -sr' Y '~' t~Y Yi: jf ' u ~~:: .~ 4 ~` ~~?-? ~s. ,, 4 ='s'' -'yam ~~ '. i' °~r <_ • require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 1, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-006 Page 3 r;~~: , S~ - . x°' 3 fti - By action of the Planning & Zoning Commission at its regular meeting held on the 1 =~= day of , 2008. ,, '''3 ~ >~a:; COMMISSIONER DAVID MOE VOTED (Chair) h '::. gg COMMISSIONER MICHAEL ROHM VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED_~~''~" vl :`r Y'~ ' COMMISSIONER TOM O'BRIEN VOTED ~s.. COMMISSIONER JOE MARSHALL VOTED GLJ ~' ~: w ~`~~~ CHAIRMAN D ID MOE 'k;; a~..~ ~ ~~.16. Attest: ', ` .~ ~ ~~~~~ a'~, ~ ~ '.,' /~~'/ ' ~, 0 ;~ ~ '~'` ' L Tara Green, Deputy City Cler ~ - 7 ~ c ~ -. ~ r ~~; -,:,~. ~ ; ~,~~ T to •, ~`~.~ ~ ' Copy served upon Applicant,e ~ I~i~et inent, Public W ~ ~` orks Department and City ~~~~~rr-rn nett~~~~~~~ Attorney. ' ~.t, J ~ vz ~ ~ 1 5- ~ ~ -~ By: Dated: uT,~~ ~ - City Clerk's Office jz ~~; -,fir ;; ~~. - -r~; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECI SION & ORDER CASE NO(S). CUP-08-006 Page 4 .=~ ;~~.~; . _ ~~ - - .. t~ .. CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 STAFF REPORT Hearing Date: May 1, 2008 TO: Planning & Zoning Commission E IDIAN FROM: Bill Parsons, Associate City Planner I D A H O (208) 884-5533 SUBJECT: Corkscrews • CUP-08-006 Conditional Use Permit for the operation of a drinking establishment in the O- Tzoning district, by Marla Smith. ~~ 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST „ The Applicant, Marla Smith, is requesting Conditional Use Permit (CUP) approval for the operation of a ,: , , ~" drinking establishment in the O-T (Old Town) zoning district. The site consists of 0.05 acres and is ~~ °'=' located at 729 Main Street, on the northwest corner of Main Street and Idaho Street. ~~:~'~*1 ~`"''~~ Per UDC 11-2D-2 drinking establishments require CUP approval in the O-T zoning district. The subject ,.,,-,,r I site is currently a 1,100 square foot, vacant tenant space located in the basement of the existing Heritage _' Building. Previously, this site was occupied by a Mexican restaurant. The applicant is seeking CUP ~"`j~ " approval to operate as an upscale full service merchant of fine wines and accessories. This site does not currently provide any on-site parking; however no off street parking in the Old Town district is required if no building square footage is being added. At this time the applicant is only proposing interior improvements and change of use, therefore no additional site improvements are required per the UDC. r4 However, in approving any conditional use, the Planning & Zoning Commission may prescribe ~ ~-- appropriate conditions bonds and safeguards that are more restrictive standards than those generally ~: r> .~ , ~~~a"T required in the UDC (UDC 11-SB-6D). ~~ 2. SUMMARY RECOMMENDATION u,, Staff has provided a detailed analysis of the requested CUP application below. Staff recommends ~;_ approval of CUP-08-006 for Corkscrews, as presented in the Staff Report for the hearing date of May 1, 2008, subject to the conditions listed in Exhibit B. -~ The Meridian Plannin a ~•~:; II nd Zonin Commission heard this item on Ma 1 2008. At the ublic =`~-'~ hearing. they moved to approve CUP-08-006. ~~.;~ a. Summary of Commission Public Hearin: t~ i. In favor: Marie Straieht ii. In opposition: None iii. Commentin: None iv. Written testimony: Howard Foley on behalf of Meridian Redevelopment Venture and Hunter Investments. Inc. =fi=" ` v. Staff presentine application: Sonya Wafters ~; vi. Other staff commenting on application: None b. Kev lssues of Discussion by Commission: i. Parking requirements and parkin availability for the proposed business; ~.r ' ii. Discussion about not limitin the hours of operation for this business as recommended by staff in Exhibit B. condition #1.8. c. Kev Commission Chaves to Staff Recommendation: iii. Strike condition #1.8 in Exhibit B that restricts the hours of operation for the _;~ proposed business. Corkscrews -CUP-O8-006 Page 1 ;z ,;: t ,.-.1,'_.~,r,~ ~;r'. ' -i-.t,~ ~ ti- '~ .~z~ ~, ~- Y: r f.: ~ `. ', ~i ~< ~:~. n ~~ ti .`,'" ^~~ f. - ~`r~~ ,y, '} ~,~?` '- ~Y. F.: d 4. v~'V r,. ;$ t ~~[tzt w n. J SI- 11 ~4s.~ .~i Y 2a '.~ ~r.' w~.. ~.ss . ,~~ !Y of ~ T:~_-. A'.' ~r e }'~ f c K 4 Y n~~ h ~ ' 'T 7L'~x .-~ys x ~''~ - ~eu ~': ,, ...... CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY I, 2008 3. PROPOSED MOTIONS Approval 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 modifications to the conditions of approval: (add any proposed modifications). I fiuther move to direct Staff to prepare an appropriate fmdings document to be considered at the next Planning and Zoning Commission hearing on May 15, 2008. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-08-006, as presented during the hearing on May 1, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on May 15, 2008. . Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- . 08-006 to the hearing date of (insert continued hearing date here) for the following reason(s): (you ^~~,~ should state specific reason(s) for continuance) s, , ~: ,, ~~ ~_*~ ~ar. 4. APPLICATION AND PROPERTY FACTS <.:; ~~` t a. Site Address/Location: 729 Main Street Section 7, T3N, R1E b. Owner: `r , r""`~' Sagehen Inc. ~;~.:~ 77 E. Idaho Street ~~ ~ ~~ ~' ~ Meridian ID 83642 ~~~ c. Applicant /Contact: Marla Smith ~~'~; 347 S. Moonstone Way ~" ~' -~~. 'I Meridian, ID 83642 r ~ d. Present Zoning: O-T (Old town) ~:k ' s: e. Present Comprehensive Plan Designation: Old Town f. Descri tion of A li .~ ` : cant s Re uest: The A licant is re uestin Conditional Use Permit CUP _ r rr ~ rr ~ ~ ( ) approval to operate a drinking establishment. ~~;Y_;~, g. Description of Applicant's Justification for CUP Approval: "Corkscrews win shop will be an F ° a~~ upscale full service retailer of fine wines. It will distinguish itself from the competition and ~~,:~. capture market share by securing prime store front location in the Old Town area where restoration and improved traffic transportation is planned. It will follow the best practices of its ~' " ~ retail category leaders with particulars emphasis on excellent customer service, friendly professional atmosphere where the public can take a break after work hours, meet with friends, enjoy catching up on the broad unique selection of quality wine inventory with competitive pricing enjoying a salty or sweet snack. Specialty wine and gift baskets will be available for a~r._. ~~~='I, Corkscrews -CUP-08-006 Pa 2 ge F:_z ~`(I ~ -t~:~ ~: -', ~. LK . y~, r :. r . ~ ~' ' `I. Y,~" ,i1 ~ ~ ~ i r ' ~ :. ~ . ~: { ~ h H 1 i 15 ~' ~ r ~ ~ ~ i` s, ~ '~ t-P ~; ~ ~ n< •`rii:i i,i .:n ~ R „ ~ ~y w `~ ,;,F ._~$ ~ ~ ~" : N~~ y ~'£Y4 ~; w. r k ~ r•~ , xy e,y ~ ~ { ~ } ~M , ~ w a ~t 'ui M 1. 7k fi~i t ~, Y"-{ ~ r , ~ ~ ~• 5 ` ~. 'jl ~'ti,r .y <J.~ ? its _ ~, , CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 purchase. Corkscrews is offering a private conference area for corporate and private meetings." 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: April 14, and 28, 2008 c. Radius notices mailed to properties within 300 feet on: Apri14, 2008 d. Applicant posted notice on site by: Apri121, 2008 6. LAND USE a. Existing Land Use(s): Vacant tenant space. b. Description of Character of Surrounding Area: The surrounding area is all zoned O-T (Old Town) and mainly consists of small retail and service oriented uses. c. Adjacent Land Use and Zoning 1. North: Commercial business; zoned O-T 2. East: Commercial business; zoned O-T 3. South: Commercial business; zoned O-T 4. West: Parking lot; City Hall; zoned O-T d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Existing building already serviced. Location of water: Existing building already serviced. Issues or concerns: None 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Existing Zoning: O-T (Old Town) 7. Lot Size: 0.05 of an acre f. Conditional Use Information: 1. Non-residential square footage: 1,100 square feet 2. Hours of Operation: Monday-Thursday 1:00 pm-10:00 pm; Friday-Saturday 1:OOpm- 11:OOpm; Sunday-closed or private party g. Off-Street Parking: 1. Parking spaces required: Based on 1 space per every 500 square feet of gross floor area, the UDC requires 3 parking stalls. As mentioned eaYlier, this site does not cu~ently provide any Corkscrews -CUP-O8-006 Page 3 w ~* ( ii _~ s ~ ' ~ o s i~ hf, . xr.'?: y ,~ .: ~ ~: ~ ~-i 3 y ,~ '~ ~~ ; ~ ~. ~ *a ~ ~`~ rt ..s ,4~s ~. ra .r. ~.. ~.. k} 4i. ~ ~'fe ~ ['~ r :?.~ t .*.. vrfti i ~ ,; J cr J ,. ,,:r ''T ~`,`_` - _>, -'r `, r ;~ ~, ,:~_ .i . ` ~,~, - _ ~ / t CITY OF MERIDIAN PLANNII~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF MAY 1, 2008 on-site parking; however no off street parking in the Old Town district is required if no building square footage is being added. At this time the applicant is only proposing interior improvements and change of use, therefore no additional site improvements are required per the UDC. However, in approving any conditional use, the Planning & Zoning Commission may prescribe appropriate conditions, bonds and safeguards that are more restrictive standards than those generally required in the UDC (UDC 11-SB-6D). f z:' 2. Parking spaces provided: 0 (On street parking is provided along the Main street and Idaho Street). The applicant is trying to get a written agreement with the owner of the unimproved n`:~ parking lot located at the rear of the building. h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is provided from E Idaho Street and Main Street. No new access points or streets are proposed or approved with this application. ~:. ;: fr~° !; 7. COMMENTS MEETING E _ On April 11, 2008, a joint agency and departments meeting was held with service providers in this azea. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, ~~ Meridian Public Works Department, and the Sanitazy Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. ~rr'„~. -•~ ~;~ ~~-•;I 8. COMPREHENSIVE PLAN POLICIES AND GOALS .:,~ ' ~ The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Old Town." Per '~ `" Chapter VII of the Comprehensive Plan, the Old Town land use category "includes the historic downtown and the true community center. Uses in this category would include offices, retail, and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical ,:,;~ ~«';,z chazacter, specific design requirements may be imposed. Pedestrian amenities would be emphasized. ~~,> ~ Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and `^ recreational structures would be encouraged. The boundary of the Old Town district predominantly ~=v ~ follows Meridian's historic plat boundaries. ]n several areas, both sides of a street were incorporated into the boundary to encourage similaz uses and complimentary design of the facing houses and buildings." Staff finds that the request generally conforms to the stated purpose and intent of the Old Town designation within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be s`r. ,< applicable to this property and apply to the proposed use (staff analysis in italics): "*'"~ • Support compatible uses which will attract a high daytime and nighttime population to the -~,;.: downtown azea. (Chapter V, Goal II, Objective A, Action 3) ~'' Staff believes that the proposed use of the property as a drinking establishment and retailer of fine wines will attract people to the downtown area during the daytime and nighttime hours which has the potential to attract customers to other neighborhing businesses. • Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII, Goal IV) ~~: `~:~~' Staff believes that the proposed use should be compatible with existing uses in the area. ~ ~:~ Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with the surrounding uses. Staff recommends that the Commission rely on any verbal or written testimony m Corkscrews -CUP-08-006 Page 4 151 1 A . }. ~ ~~ f ~ t 4~ 4, S. ,~ CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2D-2 lists the permitted, accessory, and conditional uses in the O-T zoning district. Drinking establishments are a conditional use in the O-T zone with the Specific Use Standards listed in UDC 11-4-3-10 (see Section 10, Analysis, for specific use standards). b. Purpose Statement of Zone: The purpose of the Old Town district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, fmancial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. 10. ANALYSIS r a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed CUP request as presented in the staff report, with the following comments: _ CUP: Per UDC 11-2D-2, a "drinking establishment" requires conditional use permit approval in '> -i° the O-T zone. The subject site is currently a vacant tenant space in which the applicant is proposing to serve and sell fine wines. The applicant has submitted a site/landscape plan with this = f application; however the site and building are not changing, only the use. Therefore, no additional site improvements are explicitly required by the UDC. T~: is"' jl ,~- .,5.` «;~. ~;;;: ~~ Specific Use Standards for Drinking Establishments per UDC 11-4-3-10: A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. The applicant should comply with this standard. B. The drinking establishment shall not be located within three hundred feet (300') of a property used for a church or education service. Nor shall the drinking establishment be located within one thousand feet (1,000') of an adult entertainment establishment. There was a church site within 300' of the proposed drinking establishment (124 E. Idaho); however the site is no longer operating as a church, it is vacant. C. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with Chapter 3 Article E TEMPORARY USE REQUIREMENTS of this Title. This property does not abut a residential district. . Access: Access to the site is provided from Main Street and E. Idaho Street. Parl~ng: Because this site is located in Old Town, and because the existing building encompasses almost all of the property, off-street parking is not feasible on this site and is not provided. Furthermore, UDC 11-2D-4E (Old Town District) has no requirements for off street parking. However, full compliance with the UDC parking requirements is required if/when a site is proposed for new development or modifications are proposed for the facade of an existing building. Because modifications are only proposed for the interior of the tenant space; the applicant is not proposing any on-site parking. However, the applicant states she has 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, the applicant believes there is sufficient on Corkscrews -CUP-08-006 Page 5 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 street parking along Main Street and Idaho Avenue. The applicant also states there is additional parking across the street in front of Idaho Independent Bank and 33 stalls are available in the parking lot located behind the Meridian Cycle Shop on the corner of Pine and Main. Staff has included photos of these parking areas in Exhibit A. To address some of the parking concerns, the applicant is proposing staggered business hours to address the lack of off street parking for the site (hours of operation are discussed in the analysis section below). Staff has concerns with the lack of parking for the site; however believes with the off-setting business hours there should be ample parking on the street along with the additional stalls located in parking lots surrounding the business. The Commission should determine if the proposed parking plan is adequate. NOTE: The City is working on strategies for developing additional parking areas to encourage re- development within the Downtown area. Hours of Operation: The hours of operation for the proposed use as stated in the application are Monday-Thursday 1:00 pm-10:00 pm; Friday-Saturday 1:OOpm-11:OOpm; Sunday-closed or used for a private party. Staff is supportive of the hours of operation for the site and is proposing that this be a restriction of the business. Elevations: Elevations of the existing building were not submitted with this application as no changes to the exterior of the building are proposed with this application. Any exterior modifications shall be subject to administrative design review in accord with the "Downtown Meridian Design Guidelines." Furthermore, the applicant does not own the building and will only be a tenant of the space. ~T. !'= ~. i Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (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 CZC approval from the Planning Department prior to establishment of the new use. All improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of CUP-08-006 for the requested drinking establishment use in the O-T zone for Corkscrews, as presented in the Staff Report for the hearing date of May 1, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Plannine and Zoning Commission heard this item on May 1 2008 At the public hearine they moved to approve CUP-08-006. 11. EXHIBITS A. Exhibits 1. Vicinity Map 2. Site/Landscape Plan 3. Floor Plan 4. Photos of the Parking Areas B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department Corkscrews -CUP-08-006 Page 6 ..-; ~'<, ~~~;;: h ri , ,; - ~ 3 .. ,„~ ` .; { ~~~; ~' "~~ t "r 1. w ~ ~:~ ;~ r~ ~ ~:Y 4 ' ` ~ ~ ~z~,4 c frt. ~. .. k._Y Yn~~s e r_5`7;.: fir': ". CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 A. Drawings 1. Vicinity Map 1023 25 31 35 d. ^~. 51 1031 105 129 1 h 1015 O N ^ ^ N 134 ~ ~ W N M M d' N ~ O ^ O ^ 1010 ESTATE AVE l 911 ~,1 13 ~ N ^ N O~ N Q~ M M 'd' O~ V' !!1 ~ ~ N r N M ~ '~ ~ n T N ~ N ~ N 211 N r ~ N N M Q. N N N N 39 829 832 N 831 820 817 O ~tf ^ t~ ~"'~ M ^ N N ^ p. ^ ^ ^ 921 916 r N ~ 'd• 906 ^ ~ ~ 816 ~ 814 32 807 18 ^'~ "'~ 58 ~ Z 80 ~ W IDAHO AVE ~ F E^IDAHO _ z M rn - 731 la 7711, ~' 725 33 0. ~ ~ti ~- ^ 139 N "' ~`~' 113 N v D 719 ^ ~, N O-T 713 714 M ~ 30 706 ttt~~~777 22 704 o r N __ ADWAY VE z M 15 b29 624 b21 622 603 517 211 i 235 I 800 ~ 240 201 N IM N N 200 N N 32 505 502 ~ N 218 521 Exhibit A Page I 7lM4 c 4 ` . ~:;,`` 4 ~.,: `1 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 3. Floor Plan Mlaln StraTe4 a' Exhibit A .w - ~ =e i j~~: Page 3 >~ _ ~" - ., ~, ~ 4. ~+ //~~~~~y^ Sa"t a tY'G~ 1 rt~~ f ~j ..~ ' i t M. ~ ~ ~,yy~ y y f a y 5 ~ ~ } +t A ~ d c -.y1c ~' ~ ~ !~~ ~ Y:1 M ~ y 1 ~ ' j G1.~i. ' _ Y' YW ~ N§ L _hri `} a~x+ ~ ~ 4 'F J t ~'~'~ t w ~he .2 ~~_j$~} J ~P x 11' 1~ } ~ f ~ f . '~ `i } ~ 4~ ~ ~ r kK ~ rr~~ ~c`~F i ~ ~ ~ 4 g/'~..h~~ f U ~~~ ~~ ' ~ l - ~ ~ f ~-/ n~ ~, frt S-'J ~~3f ti fA ~ a ~ f .~ ~L. R y { LL , e . _. f-1 . S t~ +t t ~ y~ 'tF .,~~y t , K `, ! .. K y ~ ` * ~ a ry a~ S 1. CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 4. Photos of Parking Areas Parking in front of Idahp Independent Bank Exhibit A Page 4 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR TIC HE~G DATE OF MAY I, 2008 Parking lot behind Meridian Cycle ~:_ ~! ~~ ~~ ftibshuk 1, ~' ,- - - ~~ICW -- ~~ _ ~ ~~ _, i ~' ,t,~ __ ~ ~ ~ _ . ~ < ,~ i x ' ., ~~ r _ ~ w~' ... n r •Si ~~~ct2.a,~;t~ i I' ' =x ~~~~' b 'a t ,. --1~..'r'r."":w~~. ^~r ~~ ~ i r ( ~ ~ ~ . ~: ~~~'' ~~! Sky- ,~14 't ~ ;,fit; r may. ~ ~~ ` ..~ - ~ ~i 1 -ti' .. _~ .l. - L' ~ ~ ~~ ~ ~- ~rrs~..'~ ~ +~1~ .. ~. c M~ ~_ ~ASSr=', a~_.>-_w~+.ne _~\•+ial "J - d~~1R'-r~-~ C' ~;~ :. ''~ r -.. ~ .. :. Exhibit A Page 5 W~ '~~ } ~' s, ~ f ~f ,.t L~ .~.; } y ~ k~F~n~~ ~-, F~ d :T~ ~•' 1~F` I~7 L S~ ` ryY;~ f'.. F' V} t :u y ~ ~ ~.~ ~e .,~ ~ ,-~ r >; t , ~, , ~~ .~, ~ hT, h,~ ~,..;E Y ~/` Y ~y S ~ ti j ` ,'y ,~j S.Y~ ~ ~+'IiC ~P ~~ 4. r L,. , z ~` t'~I ~ 4 t, r~ ~ ,:,q; CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE G DATE OF MAY 1, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site/landscape plan included in Exhibit A of this staff report is hereby approved by the Meridian Planning Department. 1.2 The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. 1.3 Any future exterior modifications of the building shall be subject to administrative design review in accord with the "Downtown Meridian Design Guidelines." 1.4 To ensure that all of the conditions of approval for CUP-08-006 are complied with, the Applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to commencement of the new use. 1.5 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.6 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.7 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.2 The applicant shall be required to pass a fire department inspection, including but not limited to, the fire exit signs, emergency lighting system, and fire alarm monitor system. Said system shall include a single horn located at the basement level to notify occupants of afire alarm. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY ~<'s' 6.1 Enclosure Numbers and or Capacity: There is a concern that you have not provided enough enclosures to meet waste generation points and volumes that may be generated by the proposed development. Please contact Doug Mason at SSC (888-3999) to discuss this matter prior to issuance of the certificate of zoning compliance. Exhibit B Page 1 t "R ~,~ fi r ~~.5 i t.i`,~ s> ,: 6 y ~~ ~: ;; ,... ~j~; Yy. - r1Y s ,. et CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1, 2008 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACHD did not submit comments on this application. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 Central District Health will require plans be submitted for a plan review for any: food establishment and beverage establishment. Exhibit B Page 2 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF MAY I, 2008 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: ii, 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. ry:, k This site is not large enough to accommodate on-site parking. However, the applicant is proposing anoff--site parking plan and staggered hours of operation to compensate for the lack of parking. Staff recommends the Commission rely on Staff's analysis and any oral or written public ~'' testimony provided when determining if this site is large enough to accommodate the proposed use. :`~: ,t ~~' 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. ~ The Commission finds that the Comprehensive Plan Future Land Use Map designation for this property is Old Town. The property is currently zoned O-T, which complies this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). <? 3. That the design, construction, operation and maintenance will be compatible with other ~~; uses in the general neighborhood and with the e~sting or intended character of the general "~ vicinity and that such use will not adversely change the essential character of the same area. ~,:, The Commission finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, the Commission 4 ~ ~ ~ believes that the proposed use will not adversely change the essential character of the area. ` 4. That the proposed use, if it complies with all conditions of the approval imposed, will not <-='~~' adversely affect other property in the vicinity. `~.~ The Commission fords that, if the Applicant complies with the conditions outlined in this report, = the proposed use will not adversely affect other property in the area. ;` ~~ 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, ~s- '; refuse disposal, water, and sewer. I The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are ,-~'~ ~: currently available to the subject property. Because the business is currently served by the above- mentioned public facilities and services, the Commission finds that the proposed use will .. continue to be served adequately by those facilities and services previously mentioned. 1 Y k~:~,~ 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. ^4 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 ~;r proposed use will not be detrimental to the community's economic welfare. Exhibit C .' _,_ V~ ; CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 1 2008 ,~ ~ ~ , 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. '°A~,~~ The Commission recognizes that traffic and noise is a concern; however, the Commission does ~' ~` not believe that the amount generated by the proposed new use of the property will be detrimental `~ ~ : to any persons, property, or the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. S. 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. N=~ The Commission fords that there should not be any health, safety or environmental problems ..~~:+ ~~ associated with the proposed use. The Commission fords that the proposed use will not result in _ the destruction, loss or damage of any natural, scenic, or historic feature of major importance. r `^~~jrr t`4'? Sy?"~,: ~`~,; z 4.~ y~;~. 4 A"~ ~ L., -~.'.W~' -/~~~~~ ti !' ,Ac ,,i. `~F ~',~ . Y~ . ~~ . .. ~ N';., ~i. `~~ Exhibit C »,~ ~- ., ",r b