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2008 07-03C� A IDIAN-&'-- MERIDIALANNING AND ZONING REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, July 3, 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: O Tom O'Brien X Wendy Newton-Huckabay X Michael Rohm X Joe Marshall X David Moe - chairman 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve Minutes of June 19, 2008 Planning and Zoning Commission Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval: CUP 08-012 Request for Conditional Use Permit approval for a drive-thru establishment in a C -C zone within 300 feet of another drive-thru facility for Silverstone Corporate Plaza by Sundance Company — 3421 E. Overland Road: Approve 4. Continued Public Hearing from June 5, 2008: RZ 08-002 Request for Rezone of 0.55 of an acre from the R-4 to L -O zoning district for Meridian Library Parking Lot Expansion by the Meridian Library District —1727 N. Leisure Lane: Recommend Approval to City Council S. Public Hearing: CUP 08-016 Request for Conditional Use Permit approval for a convenience store and fuel sales facility in a C -N zoning district per requirement of the Development Agreement for Maverik (Locust Grove/McMillan) by Maverik, Inc. — NEC of N. Locust Grove Road and E. McMillan Road: Continue Public Hearing to July 17, 2008 6. Continued Public Hearing from June 19, 2008: CUP 08-013 Request for Conditional Use Permit for a personal service shop in the 0-T zoning district that does not meet the criteria of the Downtown Meridian Design Meridian Planning and Zoning Commission Meeting Agenda — July 3, 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. 0 Guidelines for Mira Bella Salon by Jerry Williams — 1645 W. 1st Street: Approve Meridian Planning and Zoning Commission Meeting Agenda — July 3, 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. • E IDIAN MERIDIAN PLANNING AND ZONING ® REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, July 3, 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 4 David Moe - chairman 2. Adoption of the Agenda: 3. Consent Agenda:4, •- tf A. Approve Minutes of June 19, 2008 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 08-012 Request for Conditional Use Permit approval for a drive-thru establishment in a C -C zone within 300 feet of another drive-thru facility for Silverstone Corporate Plaza by Sundance Company – 3421 E. Overland Road: 4. Continued Public Hearing from June 5, 2008: RZ 08-002 Request for Rezone of 0.55 of an acre from the R-4 to L -O zoning district for Meridian Library Parking Lot Expansion by then Meridian Library District -1727 N. Leis,yre Lane: �f -e Pft a e74WWL�- *PrV V 5. Public Hearing: CUP 08-016 Request for Conditional Use Permit approval for a convenience store and fuel sales facility in a C -N zoning district per requirement of the Development Agreement for Maverik (Locust Grove/McMillan) by Maverik, Inc. – NEC of N. Locust Grove Road and E. McMillan Road: ZZ 44 (2 �. aw8 6. Continued Public Hearing from June 19, 2008: CUP 08-013 Request for Conditional Use Permit for a personal service shop in the O -T zoning district that does not meet the criteria of the Downtown Meridian Design Guidelines for Mira Bella Salon by Jerry Williams –1645 W. 1St Street: Meridian Planning and Zoning Commission Meeting Agenda — July 3, 2008 Page 1 of 1 *Provc 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. Pei S. 70s-� -F0K A WC_ I��h��e - lk� I E IDIANMERIDIAN PLANNING AND ZONING IDAHO REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, July 3, 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 June 19, 2008 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 08-012 Request for Conditional Use Permit approval for a drive-thru establishment in a C -C zone within 300 feet of another drive-thru facility for Silverstone Corporate Plaza by Sundance Company — 3421 E. Overland Road: 4. Continued Public Hearing from June 5, 2008: RZ 08-002 Request for Rezone of 0.55 of an acre from the R-4 to L -O zoning district for Meridian Library Parking Lot Expansion by the Meridian Library District —1727 N. Leisure Lane: 5. Public Hearing: CUP 08-016 Request for Conditional Use Permit approval for a convenience store and fuel sales facility in a C -N zoning district per requirement of the Development Agreement for Maverik (Locust Grove/McMillan) by Maverik, Inc. — NEC of N. Locust Grove Road and E. McMillan Road: 6. Continued Public Hearing from June 19, 2008: CUP 08-013 Request for Conditional Use Permit for a personal service shop in the O -T zoning district that does not meet the criteria of the Downtown Meridian Design Guidelines for Mira Bella Salon by Jerry Williams —1645 W. 1St Street: Meridian Planning and Zoning Commission Meeting Agenda — July 3, 2008 Page 1 of 1 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 i0v,.�.t..' a n Date/Time 06-30-2008 Local ID 1 2088884218 Local ID 2 Tn+tel D�nac Cennnad - 1 Broadcast Report 03:46:11 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 " -Aerie 10 S+- -ble vwe- (Urr1-a ce - -fl-%? � C46i�IAN*MERIDIAN PLANNING AND ZONING tbAMO REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, July 3, 2006 at 7:00 pm. "Although the Clty of Merldlen no longer requires swaorn festFmony, aff presentations bef v the Mayor and City Counc/l are expected to be truthful and honest to best of the ability of the presenter." 1. Rall -call Attendance: Tom O'Brien Wendy Newton-Hucksbay Michael Rohm Joe Marshall David Moe - chairman man Z Adaption of the Agenda: S. Consent Agenda: A. Approve Minutes of June 18, 2008 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law fol' Approval: CUP 08412 Request for Conditional Use Permit approval for a drive-thru establishment in a C -C zone within 300 fest of another drive-thru facility for Sliverstone Corporate Pima by Sundance Company - 3421 E. Overland Road: 4. Continued Public Hearing from June 5, 2008: RZ 08-002 Request for Rezone of 0.65 of an acre from the R-4 to L -O zoning district for Meridian Library Parking Lat Expansion by the Meridian Library Distrlct -1727 N. Leisure Lane: 5. Public Hearing: CUP 08416 Request for Conditional Use Permit approval for a canventence store and fuel sales facility In a C -N zoning district per requirement of the Development Agreement for Maverlk (Locust drove/McMillan) by Maverik, Inc. - NEC of N. Locust Grove Road and E. McMillan Road: 6. Continued Public Hearing from June 19, 2008: CUP 08.013 Request for Conditional Use Permit for a personal service shop In the O -T zoning district that does not meat the criteria of the Downtown Meridian Design Guidelines for Mira Belle Salon by Jerry Williams -1645 W. 1'd Street: Meddhan Prem and Zw1ng Commbdan McWm A9md9 —July 3, 2W8 Page 1 of t Ad maM Ms presenter at pubdc rnm* s shad boom* property of the Clly of Meridian. Anyorm desiring aamranadatbn for dMaW ies related to documents arWor heartng, pfeese cmdaet fhe CAy Clerk's Of m at 806-6433 st 48 houm wW to the pubdc meeting. Tntal Pangs rnnfirmed - 18 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 241 3810160 03:26:16 p.m. 06-30-2008 00:01:18 1/1 1 EC HS CP9600 002 241 8989551 03:26:16 p.m. 06-30-2008 00:00:18 1/1 1 EC HS CP21600 003 241 2088848723 03:26:16 p.m. 06-30-2008 00:00:15 1/1 1 EC HS CP28800 004 241 8886854 03:26:16 p.m. 06-30-2008 00:00:15 1/1 1 EC HS CP31200 005 241 2088985501 03:26:16 p.m. 06-30-2008 00:00:15 1/1 1 IEC HS ICP31200 006 241 18467366 03:26:16 p.m. 06-30-2008 00:00:15 1/1 1 JEC IHS ICP28800 007 241 18950390 03:26:16 p.m. 06-30-2008 00:00:14 1/1 1 JEC IHS ICP31200 i zr� f a' b 4 Y q4 4i � Date/Time 06-30-2008 Local ID 1 2088884218 Local ID 2 MW Broadcast Report 03:46:18 p.m. Transmit Header Text City of Meridian Idaho Local Name 1 Line 1 Local Name 2 Line 2 No. Job Remote Station StartTlme Duration Pages Line Mode Job Type Results 008 241 208 8882682 03:26:16 p.m. 06-30-2008 00:00:15 1/1 1 EC HS CP33600 009 241 208387 6393 03:26:16 p.m. 06-30-2008 00:00:32 1/1 1 EC HS CP14400 010 241 2877909 03:26:16 p.m. 06-30-2008 00:00:16 1/1 1 EC HS CP28800 011 241 8885052 03:26:16 p.m. 06-30-2008 00:00:15 1/1 1 EC HS CP31200 012 241 8881983 03:26:16 p.m. 06-30-2008 00:00:30 1/1 1 EC HS CP24000 013 241 2083776449 03:26:16 p.m. 06-30-2008 00:00:32 1/1 1 EC IHS CP14400 014 241 4679562 03:26:16 p.m. 06-30-2008 00:00:15 1/1 1 EC IHS CP28800 015 241 8886700 03:26:16 p.m. 06-30-2008 00:00:00 Oil 1 -- HS FA 016 241 8884022 03:26:16 p.m. 06-30-2008 00:00:58 1/1 1 EC HS CP14400 017 241 3886924 03:26:16 p.m. 06-30-2008 00:00:33 1/1 1 EC HS CP14400 018 241 8841159 03:26:16 p.m. 06-30-2008 00:00:15 1/1 1 EC HS CP31200 019 241 8840744 03:26:16 p.m. 06-30-2008 00:00:16 1/1 11 EC HS CP26400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct • Meridian Planning and Zonina Commission July 3. 2008 Meeting of the Meridian Planning and Zoning Commission of July 3, 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 Wendy Newton-Huckabay. Members Absent: Commissioner Tom O'Brien. Others Present: Ted Baird, Nancy Radford, Caleb Hood, Scott Steckline, and Dean Willis. Item 1: Roll -Call Attendance: Roll -call X Wendy Newton-Huckabay 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 July the 3rd, 2008. I'd like to call this meeting to order and ask the clerk to call roll, please. Item 2: Adoption of the Agenda: Moe: Thank you very much. Next item on the agenda is the adoption of the agenda and there is one change to the agenda. That would be Item No. 4 -- excuse me -- No. 5, which is CUP 08-016 for Maverick. That hearing will be continued to the regularly scheduled P&Z meeting of July 17th. Other than that, the agenda will hold. So, could I get a motion to approve the revised agenda. Newton-Huckabay: So moved. Rohm: Second. Moe: It's been moved and seconded to approve the revised agenda. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 3: Consent Agenda: A. Approve Minutes of June 19, 2008 Planning and Zoning Commission Meeting: 3 ^" Meridian Planning & Zoning July 3, 2008 Page 2 of 13 B. Findings of Fact and Conclusions of Law for Approval: CUP 08-012 Request for Conditional Use Permit approval for a drive-thru establishment in a C -C zone within 300 feet of another drive-thru facility for Silverstone Corporate Plaza by Sundance Company — 3421 E. Overland Road: Moe: Next item on the agenda is the Consent Agenda. That consists of two items. Number one being the approval of meeting minutes of June 19th Planning & Zoning Commission meeting and the second item would be the Findings of Fact and Conclusions of Law for approval of CUP 08-012 for Silverstone Corporate Plaza. Can I get a motion -- is there any discussion or can I get a motion to approve that? Rohm: 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 carnes. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Thank you. Before I open the public hearings I just want to kind of give you a brief overview. I think most of you -- I have seen quite a few of you, maybe not. Basically, I'll just give you an overview of how the meeting will go. I will open the meeting -- the hearing, at which time the staff will give a brief overview of the project, explaining, you know, basically, some of the reasons and whatnot on making their decision. After that the applicant will come forward and they will have 15 minutes to, as well, discuss the project and ask any questions and whatnot or give reasons why they would or would not like to have something approved or not approved in their -- in the plan that staff has taken care of. After that there are sign-up sheets in the back, if anyone in the audience wants to speak in regards to this, you would have three minutes to, basically, ask any questions or make comments. After which -- everybody that's been signed up is done, I will ask one more time if there is anyone else in the audience that would like to speak. If not, then, I will ask the applicant to come back up and rebut any comments that were made within the public hearing portion. At that time, then, the Commission would, then, act on that. Item 4: Continued Public Hearing from June 5, 2008: RZ 08-002 Request for Rezone of 0.55 of an acre from the R-4 to L -O zoning district for Meridian Library Parking Lot Expansion by the Meridian Library District — 1727 N. Leisure Lane: Moe: So, having said that, I would like to reopen the continued public hearing of RZ 08- 002 for the Meridian Library parking lot expansion and ask staff to comment. t ,a d $ +fix � Meridian Planning & Zoning July 3, 2008 Page 3 of 13 Hood: Thank you, Mr. Chair, Members of the Commission. As you may recall, this item was heard earlier last month on June 5th. It was continued so that the applicant could go back to the Meridian Library Board and determine, based on the direction given by you all, the -- what they preferred to do with the Leisure Lane and access. The two options that were kind of discussed at that meeting were, one, improving it as a public street for access to the proposed parking lot area or, two, if you didn't improve it and dedicate it as a public street, to not use it and just use the existing accesses that you have further to the south and through the existing library site, which is just off site to the west of this parking lot that's proposed for rezone. Staff has spoken -- I'm kind of pinch hitting tonight for both Sonya and Bill. This was Sonya's project. Sonya did speak with Ed Daniels, the applicant's representative, and he stated to her that the library is prepared to address that tonight, that issue, the Ione issue you continued this for. I do not know the answer, so I'm kind of curious to know what -- what they have decided to do myself. The public hearing was continued and left open for any new testimony that may be provided tonight or anyone that may want to touch on the topic -- to testify on the topic. Hopefully, that's a good enough refresher. Again, we are on the north side of Cherry Lane, just due east of the current library site, as you can see on the overhead there. And I will stand for any questions you may have. Moe: Are there any questions of staff? Newton-Huckabay: I have none. Rohm: No, sir. Moe: Okay. Thank you. Would the applicant like to come forward. Would you state your name and address for the record, please. Daniels: Ed Daniels. 2785 Bogus Basin Road in Boise. Members of the Commission, we did meet with the library board regarding the two options that were set forth at the last hearing and, Caleb, I don't know if -- can you go to the site -- they are prepared to come in and limit -- not to have any access onto Leisure Lane from this parking lot and since we would be closing this off and having the landscape buffer continue on down and that would, I guess, fulfill the options that were given to us at the last hearing. So, the library district is ready to move forward with that if it's approved. Moe: Any questions of the applicant? Rohm: Works for me. Newton-Huckabay: Mr. Daniels, were there going to be any other -- on the south or just the two entrances on the west now. Daniels: In here? Newton-Huckabay: There will be -- that one will be there? Ya ; a,k Fy � ,�k��J ^-s✓[^� �5t yam' :�k� s�'.'�. 1.�:" t y �I �I s t=# tkz,�t.£,.t �Rr. c:i'" �; .'n i .»�a.✓y sp .`� 7�5-u Meridian Planning & Zoning July 3, 2008 Page 3 of 13 Hood: Thank you, Mr. Chair, Members of the Commission. As you may recall, this item was heard earlier last month on June 5th. It was continued so that the applicant could go back to the Meridian Library Board and determine, based on the direction given by you all, the -- what they preferred to do with the Leisure Lane and access. The two options that were kind of discussed at that meeting were, one, improving it as a public street for access to the proposed parking lot area or, two, if you didn't improve it and dedicate it as a public street, to not use it and just use the existing accesses that you have further to the south and through the existing library site, which is just off site to the west of this parking lot that's proposed for rezone. Staff has spoken -- I'm kind of pinch hitting tonight for both Sonya and Bill. This was Sonya's project. Sonya did speak with Ed Daniels, the applicant's representative, and he stated to her that the library is prepared to address that tonight, that issue, the Ione issue you continued this for. I do not know the answer, so I'm kind of curious to know what -- what they have decided to do myself. The public hearing was continued and left open for any new testimony that may be provided tonight or anyone that may want to touch on the topic -- to testify on the topic. Hopefully, that's a good enough refresher. Again, we are on the north side of Cherry Lane, just due east of the current library site, as you can see on the overhead there. And I will stand for any questions you may have. Moe: Are there any questions of staff? Newton-Huckabay: I have none. Rohm: No, sir. Moe: Okay. Thank you. Would the applicant like to come forward. Would you state your name and address for the record, please. Daniels: Ed Daniels. 2785 Bogus Basin Road in Boise. Members of the Commission, we did meet with the library board regarding the two options that were set forth at the last hearing and, Caleb, I don't know if -- can you go to the site -- they are prepared to come in and limit -- not to have any access onto Leisure Lane from this parking lot and since we would be closing this off and having the landscape buffer continue on down and that would, I guess, fulfill the options that were given to us at the last hearing. So, the library district is ready to move forward with that if it's approved. Moe: Any questions of the applicant? Rohm: Works for me. Newton-Huckabay: Mr. Daniels, were there going to be any other -- on the south or just the two entrances on the west now. Daniels: In here? Newton-Huckabay: There will be -- that one will be there? Ya ; a,k Fy � ,�k��J ^-s✓[^� �5t yam' :�k� s�'.'�. 1.�:" t y s t=# tkz,�t.£,.t �Rr. c:i'" �; .'n i .»�a.✓y sp .`� 7�5-u a 5 a w o` "1b" a� x � YX$3 P Meridian Planning & Zoning July 3, 2008 Page 4 of 13 Daniels: Well, this one right now -- what we have -- we currently own this property in here. There was some opportunity to work with these two parking lots as the staff may flow into this area here, which this is just currently used by administration offices. So, we would like to exercise the option of potentially eliminating two parking spaces and connecting to the parking lot, so -- Moe: Of course, I'm just kind of curious as far as Leisure lane. There were discussions at the last meeting that that road is in need of some repair and whatnot. Has the library, as well as the other neighbors, gotten together at all to discuss what they are going to do about the road? I realize it's a private deal. I'm just kind of curious if there has been any discussions on kind of cleaning up and straightening up the road. Daniels: Commissioner Moe, I don't know of any conversations that the library district has with the neighbors, but our proposal is to come back and chip seal and fix any potholes that may be on Leisure Lane to improve it to, I guess, a great degree from what it is now. But as far as any communication with the adjacent neighbors, I don't know if that's happened. Rohm: Okay. Thank you. Any other questions? Thank you, sir. Daniels: Thank you. Moe: Rick Dillard, please. Okay. From the audience he says everything's been answered. Janet Sanchez. Sanchez: I'm Janet Sanchez. 1929 Leisure Lane. And I guess I'd just like to say that I have no objection to the plan that the library has put together there. Moe: Thank you very much. Newton-Huckabay: Mrs. Sanchez? Sanchez: Yes. Newton-Huckabay: I know at the last hearing many more of your neighbors were here. Do you know if they have all -- are they aware of this decision or did they just have faith in what direction we were going to take? Sanchez: I don't know. I know that they were all aware that this hearing was tonight, so -- Newton-Huckabay: Okay. All right. Thanks. Moe: That was all that signed up. If there is anyone else that would like to speak, please, come forward. oninevismaim n: --- :-- o '7--:-- & O July 3, 2008 Page 5 of 13 Garrett: My name is Allan Garrett. 1917 Leisure Lane. Again, I'm fully in favor of what was discussed earlier as far as, you know, not having access to Leisure Lane. That's cool with me. Just to answer kind of a question about what our plans are for the road -- further on down the road, the road is in bad disrepair. We are currently working with having sewer and water continued down that road and as a result of those -- of those utilities being installed, the road will be repaired at that point, too. Newton-Huckabay: Oh, great. Moe: Excellent. Thank you very much. Anyone else like to speak? Okay. Having seen none, would the applicant like to come up again or -- the applicant from the audience says he has nothing further to add. Well, Commissioners, any thoughts? Mr. Marshall? Marshall: It looks like it's gone well. I'm pleased with the outcome. Moe: Okay. Basically, in the staff report they are looking for public streets and whatnot and so we are going to -- well, be contingent on the motion and whatnot, but it will all have to be reviewed in the motion, so anyone else want to comment or do we want to close the public hearing and go forward from there? Newton-Huckabay: Mr. Chair, I have one question. Mr. Daniels said they were also going to chip seal and fill the potholes on Leisure Lane. Do we -- is there some kind of a response letter to this or any -- some kind of a -- usually I see a response in writing of some sort. I don't know if we need one. Daniels: I'm sorry to -- would that be some sort of a guarantee letter to have it chip sealed? Is that what your question was? Newton-Huckabay: You just didn't mention that until after Commissioner Moe queried on -- or Commissioner Rohm on the road. Do you have a response letter to the staff report for this hearing? Daniels: Oh, no. I'm song. No, I didn't. I didn't see a staff report for this hearing. Newton-Huckabay: Oh, there wouldn't have been. Daniels: Because I figured it would cavy over from the last hearing. I don't know that they prepared a staff report for it. Newton-Huckabay: I feel if I'm making the motion, I didn't know if I needed to reference a letter or anything. So, in a motion it's -- the library district has agreed to chip seal and fill the potholes on Leisure Lane and not have east access to the parking lot -- Daniels: Correct. s y e i ..:f " I tr ti v' ,Yu• Z{,cif «.. A y � F { r : Meridian Planning & Zoning O July 3, 2008 Page 6 of 13 Newton-Huckabay: Off of Leisure Lane. Daniels: Correct. Moe: Before you do make a motion, I do have a question of staff. I kind of want to -- kind of want to get my hands around this -- this road situation. And it is a private road and what we have -- the applicant and their portion are looking to do some chip sealing and whatnot. Another neighbor down the road, who is also part of Leisure Lane, they are. looking to repave it all and whatnot. Should they not be getting together and maybe trying to do something together, as opposed to us making conditions for them to do a chip seal and whatnot? I'm just kind of wondering in a -- when we get to a point of making a motion, is the road really something we need to deal with? Hood: Mr. Chair, Commissioners, I guess that's something for you to decide. I can give you some more input on when I think, probably, some of those improvements will be made or just some more history with the residential subdivision there. They have -- they have run into some water quality problems there and they need to come up with a solution here relatively soon. I don't know as far as construction when that water is going to be available to them, but it will probably be something within the next year anyways. Excuse me. And I don't know when the applicant was planning on chip sealing, but, certainly, joining those forces and those dollars -- I would hate to see it chip sealed one week and the next week they rip it up to put a sewer and water line in. So, I don't know how you can craft a condition, necessarily, that -- Moe: That water line's going back to Cherry Lane, is it? Hood: Correct. Yeah. Moe: Then it makes no sense to do it that way. Hood: And that would be the worst case, is they made some improvement and, then, the homeowners make some other improvements that just totally ripped up whatever was made. Moe: Right. Hood: You could put maybe -- I don't really know how to craft something that way. Just ask that you coordinate, unless you really want to put it on the library district, you could say, you know,. be -- participate in any, you know, roadway improvements or trust for a certain dollar amount or something -- whatever it costs to chip seal. I really don't know. It would be unfortunate -- you hope they'd coordinate that. I don't know that we need to necessarily condition it. It's in their best interest on both parties, so -- I don't know if that helps or not, but -- Rohm: Chairman Moe? w t .. 4 .. { i 'S .' * y 4 t H' Meridian Planning & Zoning O July 3, 2008 Page 7 of 13 Moe: Well -- pardon me? Rohm: I have some comments on that. I think that if, in fact, Leisure Lane is no longer part of the application, the -- the closure of the access to it, I don't even think we need to address Leisure Lane in the motion, we just -- we make a motion that says that access will not be available off of Leisure Lane and leave it at that and -- Moe: Then, I advise -- I agree. It's just that the applicant's the one that brought up the chip sealing and, therefore, that's why we are -- Rohm: And I'm sure they -- between the applicant and the residents to the north, will be able to coordinate that without our help. Moe: I would agree one hundred percent. I mean I assume they are all going to be sharing the cost of taking care of the water lines anyway and when they do that and the road's taken care of, they are all going to share in that cost, so -- Rohm: Sounds good tome. Moe: Okay. So -- Rohm. Okay. At this time, Mr. Chairman, I move that we close the public hearing on RZ 08-002. Newton-Huckabay: Second. Moe: It has been moved and seconded to close the public hearing on RZ 08-002. All those in favor? Opposed? That motion carries. Thank you. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Any comments? Mr. Marshall. Marshall: Other than what I have already said. I like the outcome. Moe: Well, I do appreciate the fact that the library did make a decision one way or the other and come tonight to take care of what I think is -- we would -- because it is a private road, it makes more sense for you folks to take care of the road and us not get involved in the public as far as I'm concerned. So, it's good to see that the access point was deleted. And I would assume that that will go before the City Council showing the new landscaping going across there and how it's closed off at that point right there. Okay. Commissioner Newton-Huckabay, you look deep in thought here. Newton-Huckabay: The -- the exhibit that we needed to delete out of the staff report. WK f. f yy 3 t F i s f V? Meridian Planning & Zoning July 3, 2008 Page 8 of 13 Hood: Mr. Chair, Commissioner Newton-Huckabay, I don't know if you found it or not, but it's in Exhibit D -- or, excuse me, B as in boy, 1.2A is the exact development -- proposed development agreement provision. Newton-Huckabay: Just replace that with no access to Leisure Lane? That's what I was -- Hood: Yeah. No access. Something to that effect. It could be that simple. Newton-Huckabay: Okay. Hood: If you wanted to add what Commissioner Moe talked about prior to City Council providing a revised plan that shows no access. Newton-Huckabay: This doesn't go to City Council, does it? Hood: No. A rezone does. Newton-Huckabay: Okay. After considering all staff, applicant, and public testimony, I move to recommend approval to City Council of file number RZ 08-002 as presented in the staff report for the hearing date of June 5th -- July 3rd, 2008, with the following modification: In Exhibit B, 1.2A is to be removed, improve and dedicate Leisure Lane from Cherry Land to the north property line, consistent with ACHD public street standards, et cetera and so forth, and replace with a comment that the library parking lot will not take access to Leisure Lane from the east and will not improve it to a public street standard. End of motion. Rohm: Second. Marshall: Second. Moe: It's been moved and seconded to forward onto City Council RZ 08-002 with the following modifications to the staff report. All those in favor say aye. Opposed same sign? That motion has carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 5: Public Hearing: CUP 08-016 Request for Conditional Use Permit approval for a convenience store and fuel sales facility in a C -N zoning district per requirement of the Development Agreement for Maverik (Locust Grove/McMillan) by Maverik, Inc. — NEC of N. Locust Grove Road and E. McMillan Road: Moe: Next item on the agenda -- I'd like to open the public hearing for CUP 08-016 for Maverick for the sole purpose of continuing it to the regularly scheduled P&Z meeting of July 17th, 2008. Can I get a motion to approve that. 4: 5 1, V? Meridian Planning & Zoning July 3, 2008 Page 8 of 13 Hood: Mr. Chair, Commissioner Newton-Huckabay, I don't know if you found it or not, but it's in Exhibit D -- or, excuse me, B as in boy, 1.2A is the exact development -- proposed development agreement provision. Newton-Huckabay: Just replace that with no access to Leisure Lane? That's what I was -- Hood: Yeah. No access. Something to that effect. It could be that simple. Newton-Huckabay: Okay. Hood: If you wanted to add what Commissioner Moe talked about prior to City Council providing a revised plan that shows no access. Newton-Huckabay: This doesn't go to City Council, does it? Hood: No. A rezone does. Newton-Huckabay: Okay. After considering all staff, applicant, and public testimony, I move to recommend approval to City Council of file number RZ 08-002 as presented in the staff report for the hearing date of June 5th -- July 3rd, 2008, with the following modification: In Exhibit B, 1.2A is to be removed, improve and dedicate Leisure Lane from Cherry Land to the north property line, consistent with ACHD public street standards, et cetera and so forth, and replace with a comment that the library parking lot will not take access to Leisure Lane from the east and will not improve it to a public street standard. End of motion. Rohm: Second. Marshall: Second. Moe: It's been moved and seconded to forward onto City Council RZ 08-002 with the following modifications to the staff report. All those in favor say aye. Opposed same sign? That motion has carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 5: Public Hearing: CUP 08-016 Request for Conditional Use Permit approval for a convenience store and fuel sales facility in a C -N zoning district per requirement of the Development Agreement for Maverik (Locust Grove/McMillan) by Maverik, Inc. — NEC of N. Locust Grove Road and E. McMillan Road: Moe: Next item on the agenda -- I'd like to open the public hearing for CUP 08-016 for Maverick for the sole purpose of continuing it to the regularly scheduled P&Z meeting of July 17th, 2008. Can I get a motion to approve that. Meridian Planning & Zoning o e July 3, 2008 Page 9 of 13 Rohm: So moved. Marshall: Second. Moe: It's been moved and seconded to continue CUP 08-016 for Maverick to July the 17th, 2008. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 6: Continued Public Hearing from June 19, 2008: CUP 08-013 Request for Conditional Use Permit for a personal service shop in the O -T zoning district that does not meet the criteria of the Downtown Meridian Design Guidelines for Mira Bella Salon by Jerry Williams —1645 W. 1St Street: Moe: At this time I'd like to reopen the continued public hearing for CUP 08-013 for Mira Bella Salon and start with the staff report. Hood: Thank you, Mr. Chair, Members of the Commission. This may also be true for the subject application and the staff report, but I believe what you were just referencing for the previous staff report, that staff report wasn't ever updated from June 5th, because no changes were made by staff. So, that date is still accurate. It was still the staff report for that date. It got continued to this date. So, in your motion either way it doesn't really matter, but just so you know, if we don't update the report, we don't update the staff report just to change the date. We would just stay with the old staff report that was part of the record, so we don't have too many staff reports in the record. Anyway, just kind of a note on some of those that are continued, but we haven't made any changes. Newton-Huckabay: That isn't going to -- my motion isn't going to get confused, though? Hood: No. That's totally fine, because it was continued from -- and there is only one version of the staff report in that case, so -- anyway, I just thought I'd clear that up, because I'm not sure about this one. You may have a similar situation with this one where the hearing date may be from a couple of weeks ago. But it has -- again, nothing has changed in the past two weeks. Newton-Huckabay: Yeah. It was my mistake. Hood: No. No problem. Just wanted to let you know. In fact, this application wasn't heard previously, it was posted just after the allotted time frame, so we weren't able to hear it last time. So, this is the first hearing, so I'll give you the full presentation this evening. This is Bill Parsons' project, by the way, but I will present it for him. The subject property consists of just about a third of an acre. Currently zoned Old Town. The site is located at 1645 West 1st Street. If you recall a few months ago, there was an application for an optometry shop located just to the west of the subject site. They a ��.� �.. . x , d n Y J j P 1 S 9 b t 3'Fs t ''i }k I `}: sa di�i�3T "r tYss"'9A ,y Si } r ,f , S it t C "i 11� •p'ia 5, - '*0 ' Meridian Planning & Zoning July 3, 2008 Page 10 of 13 also went through the Conditional Use Permit process, because that building as well did not comply with all the design guidelines for downtown Meridian. The adjacent land uses in this area primarily residential to the south. Again, we have got the optometry shop that's approved back to the east. To the west is -- or, excuse me, back to the west -- to the east is another single family residence and you have got the big agricultural site zoned RUT in Ada County to the north. As I mentioned before, the applicant is requesting CUP approval for a personal service salon that does not meet the criteria for the downtown Meridian design guidelines. This site was rezoned on October 19th, 2004, in conjunction with the adjacent property that I previously mentioned, they came in together to gain the OT zoning. A development agreement was required at that time. Since that time the development agreement has been modified to not require the cross - access between these two properties and with that I will go to the -- the site plan that's being proposed for the subject site. The access is proposed off of 1 st Street and not off of Cherry Lane, which is an arterial street. Parking is directly adjacent to that. The applicant has revised their site plan from an earlier version. I think this one will function much better for them and they got a little bit more parking than was earlier proposed. I think if that cross -access would have been required still, it probably would have functioned -- helped both properties out, but that's not the case, so having the access off of 1 st I don't think is a bad thing. But having a cross -access could have helped, too. But, really, again, the reason for the CUP is the building isn't pulled to both this street setback, as well as Cherry Lane setback. Although when Cherry Lane is widened in the future, the sidewalk and travel lanes will be more in this vicinity when it's widened. So, it will be fairly consistent with our design guidelines for being up to the front setback on Cherry Lane anyway. The parking is in front of the building if you're looking at it from the 1st Street facade. The elevations. The applicant has submitted some elevations. You all may have noticed this building actually as you drive past. It's kind of in various stages of construction over the past year or so. I think they put some new windows in and did a small addition, put things like that. It's just kind of been hanging out un -sited for some time. So, this would clean up that -- the remainder of that site and I won't go into -- I think Bill did a pretty good job of addressing all the guidelines that are in the downtown design guidelines. If you have any questions of those, I can sure look them up. I'm not all that familiar with this project, but I did read the report. Staff is supportive of this for primarily the same reason that we supported the last one. You're right on the fringe of Old Town. Old Town ends right here. And, in fact, this -- this block is split in half and these properties are within what we designate Old Town and these properties are just medium density residential. So, it's right on the fringe and, really, a lot of those guidelines are meant for more of a core area. So, with that I think I'll stop and if you have any questions, I will try to answer them. Moe: Thank you. Any questions? Newton-Huckabay: I have none. Rohm: No questions. Moe: Would the applicant like to come forward. Meridian Planning & Zoning July 3, 2008 Page 11 of 13 Breckon: Jon Breckon. 181 50th Street in Garden City. We don't have a whole lot to add from that presentation. I guess kind of just to run through here a little bit. Essentially, the issue we are -- the reason we have come -- need a CUP is because we have a small addition to the existing structure and the building is not up on the setback line and -- as previously mentioned. So, essentially, we are just trying to do the best we can with the existing building and tum it into a hair salon, providing parking out front, and dressing it up with some landscaping to give a nice presentation there on the comer. Moe: As far as the staff report, you're good with everything that they wanted? Breckon: Yes. There was a comment to add a bike rack, which is not a problem. And I think that might have been it. Marshall: The screening of mechanical equipment. Breckon: Oh, that's right. If there is a mechanical piece, which I would assume there is going to be something as we proceed with construction documents, an air conditioning unit or something to that effect, I would imagine that we would have that located on the south side. There is -- you know, we have provided for pedestrian access from the existing sidewalk up to the front door. ADA parking. And, then, we have got some stairs going to the front door and, then, also a ramp -- an ADA ramp that will connect to a side door, as well as the front door. There is no trash enclosure as such. We don't have a dumpster requirement. Instead, we will have just some totes on the side -- on the south side of the building. I believe that's it. Moe: Any questions? Marshall: Mr. Chair? I assume those totes sitting here are at a much lower level than the ADA ramp coming up this side? Breckon: That's correct. Yes. They would be -- it's -- the whole site's extremely flat and so, yes, it would be at grade on a concrete pad. And the only thing -- a finished floor where he's got three or four stairs going up to the front door and, therefore, the reason for the ramp, to allow access. Marshall: And, then, it is architecturally feasible to put like any mechanical equipment back up here, which would force this landscaping to move. Breckon: Yes. We may end up losing a few shrubs there or maybe bump it out a little bit to clean that up. Marshall: Thank you. Meridian Planning & Zoning O July 3, 2008 Page 12 of 13 Moe: Thank you very much. There is no one signed up to speak. If there is anyone in the audience that would like to come forward. And they are not coming forward. All right. Mr. Rohm. Rohm: I think we should close the public hearing. So, therefore, I move that we close the public hearing on CUP 08-013. Newton-Huckabay: Second. Moe: It's been moved and seconded to close the public hearing CUP 08-013. All those in favor say aye. Opposed? That motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Any comments? Commissioner Newton-Huckabay. Newton-Huckabay: I'm really glad to see this property get completed, as well the three folks in the back row. Marshall: Looks good to me. Moe: Good enough. Mr. Rohm, you did so well on closing the public hearing. Rohm: Oh. Okay. Well, then, at the time I'd like to move that we approve CUP 08-013, to include the staff report with no modifications. End of motion. Marshall: Second. Moe: It's been moved and seconded to approve CUP 08-013. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: Should that have included writing conditions of -- Conclusions of Law and that verbiage, too? Hood: We will bring that back in two weeks. You don't need to make that part of the motion. We will just go ahead and do it. Moe: Good enough. Rohm: Works for me. Moe: There is only one more thing we need to do, folks. Rohm: Mr. Chairman, I move we adjourn. Meridian Planning & Zoning O July 3, 2008 Page 13 of 13 Marshall: Second. Moe: All those in favor say aye. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: We adjourned at 7:31. MEETING ADJOURNED AT 7:31 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) APP V D ID MOE — C AIRMAN ATTEST JA 0 Of DATE APPROVED,,• & p = SEAL L. HOLMAN,01.1 RIM', �0 �UN'T`t !r''`',/���11191► �`I A 111111``,``\``` 3 fi s i 1, fi � y S x x t 1-1 • June 30, 2008 MERIDIAN PLANNING & ZONING MEETING July 3, 2008 APPLICANT ITEM NO. 3-A REQUEST Approve Minutes of June 19, 2008 Planning and Zoning Commission Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. o June 30, 2008 CUP 08-012 MERIDIAN PLANNING & ZONING MEETING JUIy 3, 2008 APPLICANT Sundance Company ITEM NO. 3-B REQUEST Findings for Approval -Conditional Use Permit approval for a drive-thru establishment in a C -C zone within 300 feet of another drive-thru facility for Silverstone Corporate Plaza - 3421 E. Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: COMMENTS See Attached Findings Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. t g ,.1�'{'„X 1&# s o June 30, 2008 CUP 08-012 MERIDIAN PLANNING & ZONING MEETING JUIy 3, 2008 APPLICANT Sundance Company ITEM NO. 3-B REQUEST Findings for Approval -Conditional Use Permit approval for a drive-thru establishment in a C -C zone within 300 feet of another drive-thru facility for Silverstone Corporate Plaza - 3421 E. Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: COMMENTS See Attached Findings Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. t g ,.1�'{'„X w 3 gg t g1 $ a 46, 4� ; i 5 d.. e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER e �IJEA CEIVEP) JUN 2 5 2006 CATV OF ME-ZIDIAN 1- -11�E InAHO In the Matter of Conditional Use Permit for a drive-through establishment within 300 feet of another drive-through establishment and design review approval for a structure that exceeds 60,000 square feet in an existing C -C zone for Silverstone Corporate Plaza, by the Sundance Company Case No(s). CUP -08-012 and DES -08-018 For the Planning and Zoning Commission Hearing Date of: June 19, 2008 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 19, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 19, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 19, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 19, 2008 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -08-012 and DES -08-018 Page 1 7 x 4 k fir Y 2t' t 'l+kk ' """""a f it nF e v; y t m ' 4 S# 0 0 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 Chair 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 June 19, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's site plan as evidenced by having submitted the site plan dated May 13, 2008 is hereby conditionally approved; and, 2. The applicant's landscape plan as evidenced by having submitted the landscape plan dated May 22, 2008 is hereby conditionally approved; and, 3. The applicant's building elevations as evidenced by having submitted the building elevations for design review dated April 17, 2008 is hereby conditionally approved; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 19, 2008 incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -08-012 and DES -08-018 Page 2 °r 0 0 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 Chair 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 June 19, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's site plan as evidenced by having submitted the site plan dated May 13, 2008 is hereby conditionally approved; and, 2. The applicant's landscape plan as evidenced by having submitted the landscape plan dated May 22, 2008 is hereby conditionally approved; and, 3. The applicant's building elevations as evidenced by having submitted the building elevations for design review dated April 17, 2008 is hereby conditionally approved; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 19, 2008 incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -08-012 and DES -08-018 Page 2 one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 19, 2008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -08-012 and DES -08-018 Page 3 3, By action of the Planning & Zoning Commission at its regular meeting held on the day of , 2008. COMMISSIONER DAVID MOE VOTED (Chair) COMMISSIONER MICHAEL ROHM VOTED _VZA, COMMISSIONER WENDY NEWTON-HUCKABAY VOTED Ccs COMMISSIONER TOM O'BRIEN VOTEDjQjQ�� COMMISSIONER JOE MARSHALL VOTED CHAIRMAN DAVjb MOE OF \t�`���►+uuurrrrr Attest: G BEAL ara Green, Deputy City Viler -m Copy served upon Applicant, ent, Public Works Department and City iir�r�rrs + Attorney. By; Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -08-012 and DES -08-018 Page 4 y phi '4''�4; 5�•.�cq�' y 3 s u� y ic { t _ z r+{A z 54 S{ K*tM..r4 f rx`.e�n t d; 1 S k 9 -,� r✓ if,µ 1 { $ - i CITY OF MERIDIAN PLANNING ISEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 STAFF REPORT Hearing Date: June 19, 2008 TO: Planning & Zoning Commission FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: Silverstone Corporate Plaza CUP -08-012 wElIDIAN14" "- �DAHO Conditional Use Permit for a drive-through establishment within 300 feet of another drive-through establishment • DES -08-018 Design Review approval for a structure that exceeds 60,000 square feet in an existing C -C zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Sundance Company, has applied for Conditional Use Permit (CUP) approval of a drive through establishment within 300 feet of another drive through establishment. Design Review (DES) approval is also requested because the proposed building exceeds 60,000 square feet in an existing C -C zone as required by UDC 11-3A-19. The subject site is consists of three platted lots that total approximately 6.2 acres within the Silverstone Corporate Center Subdivision. The subject site is generally located at the southeast comer of E. Overland Road and S. Eagle Road. The subject sites are currently zoned C -C (Community Business District). The applicant is proposing to construct an 116,121 square foot multi purpose building that includes three drive-through teller windows and ATM services on this site. UDC 11-213-2 lists a drive-through facility as an Accessory/Conditional use in the C -C zone, with Specific Use Standards for Drive-through Establishments. The Specific Use Standards listed in UDC 114-3.11 for Drive-through Establishments require Conditional Use Permit (CUP) approval for drive-through facilities that are within 300 feet of another drive-through facility or a residential district or an existing residence, prior to submittal of a Certificate of Zoning Compliance application. 2. SUMMARY RECOMMENDATION Staff has provided detailed analysis of the requested CUP and DES applications below. Per UDC 11- 5A-2, the Planning & Zoning Commission is not required to make a decision on the DES application. Staff is recommending approval of CUP -08-012 (and DES -08-018) for Silverstone Corporate Plaza, as presented in the Staff Report for the hearing date of June 19, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard this item on June 19, 2008. At the Public hearing, the Commission moved to approve CUP -08-012. a. Summary of Commission Public Hearing: i. In favor: Cornel Larson ii. In opposition: None iii. Commenting. None iv. Written testimony: None V. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None Silverstone Corporate Plaza CUP -08-012, DES -08-018 Page 1 CITY OF MERIDIAN PLANNINGDIPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 c. Kev Commission Changes to Staff Recommendation: i. None 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP -08- 012 (and DES -08-018, optional) as presented during the hearing date of June 19, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP -08-012 (and DES -08-018, optional) as presented during the hearing of June 19, 2008, for the following reasons: (you must state specific reason(s) for the denial of the conditional use permit and what the applicant may do to gain your approval in the future.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP -08- 012 (and DES -08-018, optional) 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: 3421 E. Overland Road (Parcel Ws R7909790010, R7909790022, R7909770115) Section 21, Township 3 North, Range 1 East b. Owner: Sundance Company 9100 Blackeagle Drive Meridian, ID 83709 c. Applicant: Same as above d. Representative: Brad Marczuk, Larson Architects e. Present Zoning: C -C (Community Business District) f. Comprehensive Plan Land Use Designation: Mixed Use - Regional g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval for a drive-through establishment within 300 feet of another drive through business. Design Review (DES) approval is also requested because the proposed building exceeds 60,000 square feet in an existing C -C zone. Note: The Commission is not required to make a decision on the DR application. 1. Date of Site Plan (See Exhibit A): May 13, 2008 2. Date of Landscape Plan (See Exhibit A): May 22, 2008 3. Date of Building Elevations (See Exhibit A): April 17, 2008 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use per City Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. The subject application will in fact require design review per City Ordinance. By reason of the Silverstone Corporate Plaza CUP -08-012, DES -08-018 Page 2 tARTMENT a CITY OF MERIDIAN PLANNING STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 provisions of UDC 11-5A-2, a public hearing is not required on this matter. c. Newspaper notifications published on: June 2 and June 16, 2008 d. Radius notices mailed to properties within 300 feet on: May 23, 2008 e. Applicant posted notice on site by: June 9, 2008 6. LAND USE a. Existing Land Use(s): The site currently consists of three vacant commercially (C -C) zoned parcels in the Silverstone Corporate Center Subdivision. b. Description of Character of Surrounding Area: This area is transitioning to a mix of commercial and office uses. c. Adjacent Land Use and Zoning: 1. North: Proposed Commercial Development (Overland Village); zoned RUT Ada County (requesting C -G zoning) 2. West: Silverstone Subdivision; zoned C -C 3. South: Silverstone Subdivision; zoned C -G 4. East: Silverstone Subdivision; zoned C -G d. History of Previous Actions: In 2001, the subject property was annexed and zoned (AZ -01-001) from RUT (Ada County) to C -C (Community Business District); preliminary platted approval (PP -01-001) of 15 building lots and one common lot and conditional use approval for a Commercial Planned Development (CUP -01-001). The final plat (FP -01-019) for Silverstone Corporate Center was also approved in 2001. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is already stubbed to this lot. Location of water: Water is already stubbed to this lot. Issues or concerns: A Flood Plain development permit is required. 2. Vegetation: None existing 3. Floodplain: A portion of this property lies within a FEMA recognized flood plain. 4. Canals/Ditches Irrigation: N/A 5. Hazards: NA 6. Size of Property: 6.2 acres 7. Description of Use: Proposed 116,121 square foot multi use building with a full range of banking services. f. Summary of Proposed Streets and / or Access: The applicant is not proposing any new access points to E. Overland Road and none are approved. The subject property is accessed from a private access easement on the west side of the property that extends from E. Overland Road and runs south/southwest to S. Eagle Road. The drive aisle that's runs parallel to E. Overland Road connects to the Silverstone Point parcel to the east which provides another full access point to E. Overland Road. Two additional driveways connect to S. Silverstone Way and provide cross - access with the surrounding developed parcels. Silverstone Corporate Plaza CUP -08-012, DES -08-018 Page 3 .y,.r 4-0 S.- 171 WtY' "e T50S } 47 {\ Y 'v f 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 35 -foot wide landscape street buffer is required adjacent to E. Overland Road, a classified arterial street and entryway corridor. A 20 -foot wide landscape street buffer is required adjacent to S. Silverstone Way, a collector street. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25 -foot wide landscape buffer is required between C -G zoned properties and residential uses. However, there are no residential uses that directly abut the site. 3. Other: Per UDC 11 -3B -8C, a 5—foot landscape buffer is required along all interior lot lines that are adjacent to parking, loading, and drive ways. 7. AGENCY COMMENTS On May 30, 2008 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department and Meridian Public Works Department. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use — Regional (MU -R)." Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub -categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The MU -R category allows for residential densities of 3 to 40 units per acre. This category includes uses such as grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, professional offices, retail/gift shops, clothing stores, garden centers, restaurants, banks, drive-thru facilities, auto service stations, department stores, medical/dental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons, daycares, entertainment uses, major employment centers, and clean industry. Per the Comprehensive Plan, a mixed use project shall include a principal use (retail, office, professional, or residential) and at least one other type of land use. Exceptions may be granted from smaller sites on a case by case basis. This site is only proposing one type of use (professional offices, conference room leases, and regional bank headquarters with drive through services). Because of the surrounding uses and it's proximity to a very busy intersection, staff does not believe that an additional type of use should be required in this case and that the proposed use of the property is the most appropriate. The subject site is currently zoned C -C, which complies with the MU -R land use designation. Staff fords that the future commercial use of the property for professional offices, conferences and a regional bank headquarters uses generally conforms to the stated purpose, intent, and standards of the MU -R land use category within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." Silverstone Corporate Plaza CUP -08-012, DES -08-018 Page 4 1 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 E. Overland Road is designated a principal arterial. Access points for the subject site were evaluated and approved with the Silverstone Corporate Center Subdivision. No additional access points are proposed with this application. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Overland Road is classified as an arterial street and is designated as an entryway corridor to the City. By City Ordinance, a 35 foot wide landscape buffer is required adjacent to Overland Road. A 20 foot wide buffer is required adjacent to S. Silverstone Way, a collector street. These landscape buffers are currently installed and will remain protected during the construction of the proposed building. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." In addition to the required streetscape buffers, planter islands and 5 -foot landscape buffers are required adjacent to drive aisles and parking. On the submitted landscape plan the applicant generally complies with this requirement. See Landscaping in the Analysis section below. • Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." City water and sewer are stubbed to the parcels. • Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." Staff believes that the proposed use contributes to the mix of uses in the area which include: offices, restaurants, retail stores, coffee shops, hotels, personal service shops etc. 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 that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-213-2 lists a drive-through facility as an Accessory/Conditional use in the C -C zone, with Specific Use Standards for Drive-through Establishments. The Specific Use Standards listed in UDC 11-4-3.11 for Drive-through Establishments require Conditional Use Permit (CUP) approval for drive-through facilities that are within 300 feet of another drive-through facility or a residential district or an existing residence (see Section 10 below for additional specific use standards related to drive-through establishments). The subject property is within 300 feet of another drive through facility (Tru Grocer Credit Union) west of the subject site. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS Silverstone Corporate Plaza CUP -08-012, DES -08-018 Page 5 0 CITY OF MERIDIAN PLANNINGOPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 a. Analysis of Facts Leading to Staff Recommendation: The applicant is proposing to construct an 116,121 square foot multi purpose building with drive-through bank teller and ATM services on the subject property. The UDC (11-4-3.11) requires CUP approval for drive-through establishments that are proposed to be located within 300 feet of an existing residence and/or a residential district and/or another drive through business. Compliance with the design standards listed in UDC 11 -3A -19C pertaining to the site and building design is also required for properties that are adjacent to an entryway corridor and/or exceed 60, 000 square feet in the C -C zoning district. In compliance with the aforementioned UDC requirements, the applicant has submitted CUP and DES applications for the proposed Silverstone Corporate Plaza building. Landscaping: The applicant has submitted a landscape plan prepared on May 22, 2008 by The Land Group, labeled as Sheet L1.00. The street buffer landscaping along E. Overland Road and S. Silverstone Way were reviewed and approved with the final plat for Silverstone Corporate Center Subdivision. Staff has reviewed the internal parking lot landscaping depicted on the landscape plan and found it generally complies with the landscaping requirements in UDC 11-3B-8. The applicant is proposing covered parking for 108 parldng stalls located at the south side of the building. The required planter islands are located under the parking canopy structure and does not allow for the planting of trees. The applicant still has complied with the UDC not exceeding the 12 parking stalls in a row. In addition, shrubs and other vegetative groundcover are proposed as plantings. Therefore staff is not proposing any changes to the landscape plan. Parking: Per UDC 11-3C-6, one vehicle parking space per 500 square feet of gross floor area is required in commercial districts. The proposed building consists of 116,121 square feet; thus, 232 parking spaces are required. The applicant is proposing 405 parking spaces on the site which complies with this requirement. Also, per UDC 11-3C-6, one bicycle parking space shall be provided for every 25 vehicle parking spaces. The applicant should provide 3 bike racks on the site to accommodate the 16 required bike parks. Staff is recommending the a bike rack be located at the north entrance of the bank, the south or southeast entrance of the building, and the northwest entrance of the building. Specific Use Standards for Drive-through's: Staff finds that the site plan meets the requirements set forth in UDC 11-4-3.11, which states that "a site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties." UDC 114-3.11 goes on to state: At a minimum, the site plan shall demonstrate compliance with the following standards: • Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons; • The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; • Any stacking lane greater than one hundred feet (100) in length shall provide for an escape lane. The applicant is proposing three drive through lanes for the site. If measured from the speaker box to the 25 foot drive aisle, the stacking lanes do not exceed the 100 feet. Furthermore, staff believes if an additional exit lane is required there is a possibility that cars would use the lane as through lane to get to the other side of the building rather than drive around the building. Silverstone Corporate Plaza CUP -08-012, DES -08-018 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 • A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. Staff finds that the site plan submitted with this application complies with the specific use standards for a drive through establishment, as set forth in UDC 11-43.11C. The subject site is located within 300 feet of another drive through facility to the west (Tru Grocer Credit Union). In addition to the proposed facility and the Credit Union, there are two additional drive through businesses (Trade Mark Credit Union and Moxie Java) within close proximity of each other. Staff realizes there are quite a few drive through businesses in the area; however the circulation patterns and accesses to these businesses do not appear to conflict with each other. Access: The applicant is not proposing any new access points to E. Overland Road and none are approved. The subject property is accessed from a private access easement on the west side of the property that extends from E. Overland Road and runs south/southwest to S. Eagle Road. The drive aisle that's runs parallel to E. Overland Road connects to the Silverstone Point parcel to the east which provides another full access point to E. Overland Road. Two additional driveways connect to S. Silverstone Way and provide cross- access with the surrounding developed parcels. Staff is supportive of the access points for the proposed development. Design Review: Because the subject property is located adjacent to an entryway corridor (Overland Road) and the proposed building exceeds 60,000 square feet, it is subject to the design standards listed in UDC 11 -3A -19C, as follows (staff analysis in italics): 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. The north and northwest elevations face towards E. Overland Road and exceed the 20% modulations in the favade, roof lines and projections. The southeast elevation fronts on S. Silverstone Way and complies as well. The applicant is also proposing covered parking and a covered walkway with modulating roof lines to add to the visual character of the building. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. The primary entrance is located on the southeast which faces S. Silverstone Way. The entrance is accented with plaza area constructed of pavers with seating benches. The front fagade is treated with granite paneling and tinted glazing that exceeds the 30 percent requirement. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. The proposed roof design does incorporate varying parapet heights and roof plane. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. Majority of the building is proposed to be constructed of two different colors of granite paneling and glass which complies with the UDC. Silverstone Corporate Plaza CUP -08-012, DES -08-018 Page % 0 CITY OF MERIDIAN PLANNINGPARTMENT STAFF REPORT FOR THE BEARING DATE OF JUNE 19, 2008 e. Mechanical equipment: All ground -level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. All mechanical equipment will be screened with an enclosure located on the roof. The applicant complies with this requirement. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco -like synthetic materials. Smooth - faced concrete block, tilt -up concrete panels, or prefabricated steel panels are prohibited except as accent materials. As mentioned earlier, the building is primarily constructed of colored glass and two different granite panels with vertical and horizontal variations in the glazing pattern. Staff believes the applicant complies with this requirement. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front fagade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. Parking for the site is proposed around the entire building; however a majority of the parking is located on the south side of the building and complies with the UDC. In addition, covered parking and a covered walkway is also proposed that will help break up the parking area and add visual interest on the south side of the site. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. An 8 -foot wide pedestrian walkway is depicted on the site plan from the perimeter sidewalk to the building entrance from the northwest. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. The proposed 8 -foot wide walkway is proposed to be constructed of brushed and scored concrete. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one -hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. On the south side of the building the applicant is proposing a covered walkway constructed of pavers and concrete. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrance. The applicant is proposing arched canopies over the entrances into the proposed building. Building Elevations: Building elevations were submitted for this site, prepared by Larson Architects, labeled as Sheet A-4, dated May 2, 2008. After reviewing the submitted elevations with the application submittal, the building far exceeds the design review requirements of the UDC. Therefore no changes are proposed from the Planning Department. Site Design: The applicant has submitted a site plan with this CUP application. Staff has reviewed the submitted site plan and is not proposing any changes. All parking and drive aisles Silverstone Corporate Plaza CUP -08-012, DES -08-018 Page 8 1 e CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 comply with the UDC dimensional standards. Therefore, staff is supportive of the site design as proposed. Floodplain: A portion of this site along the north and east property boundary is located within the 100 -year floodplain, in flood zone AE, respectively. The proposed building location is within this area. Any work or improvement within the floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. Certificate of Zoning Compliance (CZC): 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 -5B -1A). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the applicant will be required to obtain a CZC from the Planning Department prior to receiving a building permit. b. Staff Recommendation: Staff is recommending approval of CUP -08-012 and DES -08-018 for Silverstone Corporate Plaza, as presented in the Staff Report for the hearing date of June 19, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard this item on June 19, 2008. At the public hearing, the Commission moved to approve CUP -08-012. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan (dated 5/13/08) 3. Landscape Plan (dated 5/22/08) 4. Building Elevations (dated 5/2/08) 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 Unified Development Code Silverstone Corporate Plaza CUP -08-012, DES -08-018 Page 9 �4.,; 8 � i_ g .. t -: $.y„$ .� E✓. "-� Y' ,.%y rid 7R1'lA �}t5{ Pik ;r? p' } %A'i'^ y Ova 1, 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 A. Drawings 1. Vicinity Map Exhibit A 1020 I -L <t r? 1260 �s "O � �� 8s �3�s INTERSTATE 84 "' 1345 1434 1415 g H _ - 1380 Rl 1467 _- 1400 1491 1546 1505 C-1523 Rl W o 3520 -- ----- s o 0 0 0 0 in w 2g p 3068 R T ; M M Ln N M J6 N I- I rh i � J1 - - -- --, c� VERLAND RD - Vi j?S S 3715 2959 M ny 1655 LV p 3715 1 3715 - - -' j- - 3507 1739 tA 1800 I 3000 1789 - - 1725 W 1767 17 1a= d ZARP- _ 1 ) 1818 O� Q� �B'0 1820 j 1875 Z 2965 { - C -C N O u+ t 1875 1872 1855 cn d88� Ln 19201 1907 3700 1940 1965 - 1950 } z a 2950 - - �� C -G o w 3300 2078 a o 2041 { E E 6OLDSTONE DR_ O 2150 { `- --- ,_ 2135 U 2971 — 2100 2200 3015 i 3265 2255 N `y _- 2998 i , , _ --- -- - ------ - 2275 2315 Exhibit A a 3 4 I P I ( I' 1 I� I S. I. 1 t� III; I1; I is CITY OF MERIDIAN PLANNING ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 3. Landscape Plan I'm iII sell slit �i1s I 'I ! w I Exhibit B 048P1'UEWP0W VZV'1d 3.LVM0dV00 3N0JLSkl3A11S Oil I'm iII sell slit �i1s I 'I ! w I Exhibit B 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENTS 1.1 The Site Plan, labeled Sheet SP -1, prepared by Larson Architects, dated May 13, 2008, included in Exhibit A, is approved, with no changes. 1.2 The request for Design Review approval of the site and proposed building with a drive-through facility is approved, as proposed. 1.3 The 8 -foot wide pedestrian pathway depicted on the site and landscape plans at the west boundary of the site connecting from the perimeter sidewalk perimeter sidewalk to the building entrance from the northwest shall be distinguished from vehicular driving surfaces through brushed and scored concrete, as proposed. 1.4 Weather protection (i.e. awning, arcade, etc.) shall be installed within 20 feet of all customer entrances, in compliance with UDC 11-3A-19C4d; depict on revised elevations submitted with the Certificate of Zoning Compliance application. 1.5 The Landscape Plan, labeled Sheet L1.00, prepared by The Land Group, dated May 22, 2008, is approved. 1.6 A bike rack shall be located at the north entrance of the bank, the south or southeast entrance of the building, and the northwest entrance of the building. A total of 16' bike parks shall be provided on site. 1.7 The site plan submitted with the Certificate of Zoning Compliance shall be revised to depict the stacking lane, menu and speaker location (if applicable), and window location for the drive through window, as required by UDC 11-4-3-11B. 1.8 The subject drive-through design is approved as proposed with the conditions noted herein, as it complies with the standards set forth in UDC 11-4-3.11. Submit a letter from the Transportation Authority (ACRD) indicating the site plan is in compliance with the authority's standards and policies. 1.9 The applicant shall comply with the outdoor lighting standards listed in UDC 11-3A-11. 1.10 All business signs require a separate sign permit in compliance with the sign ordinance (UDC 11- 3D). 1.11 Staff s failure to cite specific ordinance provisions or terms of approval of the Silverstone development does not relieve the applicant of responsibility for compliance. The applicant shall comply with all prior conditions of approval for this site. 1.12 To ensure that the conditions of approval for CUP -08-012 and DES -08-018 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 drive-through use and construction of the proposed building. 1.13 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. Exhibit B CITY OF MERIDIAN PLANNING OPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 1.14 The applicant shall have a maximum of 18 months to commence the proposed use as permitted in accord with the conditions of approval listed above. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is currently stubbed to this site. The applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service is currently stubbed to this site. The applicant shall be responsible to coordinate main size and routing with Public Works. 2.3 A portion of this property lies within the FEMA recognized flood zone the applicant shall submit a Base Flood Elevation report from a professional surveyor or other licensed professional qualified to prepare said document. Said document will be required prior to construction plan approval. Contact the City of Meridian Flood Plain Administrator Kyle Radek at 898-5500. 2.4 All lots encumbered by the floodplain shall submit a flood plain elevation certification prior to any type of site construction or grading. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required -to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to obtaining a certificate of occupancy. 2.6 All existing structures that are required to be removed shall be prior to obtaining certificates of occupancy. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 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. 2.9 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. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to obtaining a certificate of occupancy. Exhibit B e e CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 2.12 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. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to obtaining a certificate of occupancy. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the building pad is at least 1 -foot above. 2.19 The applicants design engineer shall certify that all seepage beds out of the public right- of -way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. Exhibit B x t.- �' yy 4 r, ,k Y 7' 33 i 4 t4 d ,. i `•r e O CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support a weight of 75,000 lbs. 3.5 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.7 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.9 Building setbacks shall be per the International Building Code for one and two story construction. 3.10 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.11 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be home by the developer. 3.13 Maintain a separation of 5' from the building to the dumpster enclosure. 3.14 Provide a Knox box entry system for the complex prior to occupancy. 3.15 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.16 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.17 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.18 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.19 There shall be a fire hydrant within 100' of all Fire Department connections. Exhibit B I ii ,'?5.:..u1 i, t_ ., ,Pd' : a �0 rt Y } k i c f I 0 CITY OF MERIDIAN PLANNINGIPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 3.20 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.21 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.22 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.23 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.24 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.25 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 Comments were not received from the Parks Department on this application. 6. SANITARY SERVICES 6.1 Prior to issuance of a certificate of zoning compliance, the applicant shall submit an approved site plan from SSC. 7. ADA COUNTY HIGHWAY DISTRICT 7.1.1 The applicant shall comply with all previous conditions of approval for this site. YS Exhibit B } , �i 4 4 Y4 1 VVt"Ak' oh t vz loY o � Y F � � r � x i k W& j rr .. - r � • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 C. Required Findings from Unified Development Code 1. Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The proposed building and drive-through facility on this site can accommodate and meet all dimensional and development regulations of this district. The Commission finds that the subject property is large enough to accommodate the required parking, landscaping and other features required by the ordinance. The Commission should rely on Staff's analysis, and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive Plan designation for this property is "Commercial." The proposed use is generally harmonious with the Comprehensive Plan and the UDC (see Section 8 above for more information regarding the requirements for this use). c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of the drive-through establishment should be compatible with other future and existing uses in the general neighborhood and the intended character of the area. The Commission should rely on Staff s analysis, and any oral or written public testimony provided when determining if this site will be compatible with other uses in the general vicinity. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation, and ACRD. Exhibit C 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 Based on comments from other agencies and departments, the Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission recognizes that traffic and noise will increase with the approval of a drive-through use in this location; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Therefore, the Commission finds that the proposed uses will not be detrimental to people, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with this use that should be brought to their attention. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Exhibit C e June 30, 2008 e MERIDIAN PLANNING & ZONING MEETING July 3, 2008 APPLICANT Meridian Library District ITEM NO. 4 REQUEST Continued Public Hearing from 6/5/08 - Rezone of 0.55 of an acre from the R-4 to L- zoning district for Meridian Library Parking Lot Expansion - 1727 N. Leisure Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: COMMENTS See Previous Item Packet / Attached Minutes See Attached Staff Report No Comment INTERMOUNTAIN GAS: OTHER: See Affidavit of Sign Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. J une 30, 2008 CUP 08-016 MERIDIAN PLANNING & ZONING MEETING July 3, 2008 APPLICANT Maverik, Inc. ITEM NO. 5 REQUEST Public Hearing - Conditional Use Permit approval for a convenience store and fuel sales facility in a C -N zoning district per requirement of the Development Agreement for Maverik (Locust Grove/McMillan) - NEC of N. Locust Grove Road & E. McMillan 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: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: See Attached Staff Report No Comment See Attached Comments See Attached Comments INTERMOUNTAIN GAS: OTHER: See Affidavit of Sign Posting / Attached Letters from Citizens /No Comment by ITD Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r '',l,x ti r a S 2 � J I 3 iC v t El June 30, 2008 MERIDIAN PLANNING & ZONING MEETING July 3, 2008 C� CUP 08-013 APPLICANT Jerry Williams ITEM NO. 6 REQUEST Continued Public Hearing from 6/19/08- Conditional Use Permit for a personal service shop in the O -T zoning district that does not meet the criteria of the Downtown Meridian Desigr Guidelines for Mira Bella Salon - 1645 W. 1 st Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: COMMENTS See Previous Item Packet / Attached Minutes See Attached Staff Report OTHER: See Affidavit of Sign Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.