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.
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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 "
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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
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Duration
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001
241
3810160
03:26:16 p.m. 06-30-2008
00:01:18
1/1
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CP9600
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8989551
03:26:16 p.m. 06-30-2008
00:00:18
1/1
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2088848723
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00:00:15
1/1
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004
241
8886854
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00:00:15
1/1
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005
241
2088985501
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00:00:15
1/1
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006
241
18467366
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00:00:15
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007
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18950390
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00:00:14
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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
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009
241
208387 6393
03:26:16 p.m. 06-30-2008
00:00:32
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010
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2877909
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011
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8885052
03:26:16 p.m. 06-30-2008
00:00:15
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012
241
8881983
03:26:16 p.m. 06-30-2008
00:00:30
1/1
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CP24000
013
241
2083776449
03:26:16 p.m. 06-30-2008
00:00:32
1/1
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014
241
4679562
03:26:16 p.m. 06-30-2008
00:00:15
1/1
1
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015
241
8886700
03:26:16 p.m. 06-30-2008
00:00:00
Oil
1
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016
241
8884022
03:26:16 p.m. 06-30-2008
00:00:58
1/1
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017
241
3886924
03:26:16 p.m. 06-30-2008
00:00:33
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018
241
8841159
03:26:16 p.m. 06-30-2008
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019
241
8840744
03:26:16 p.m. 06-30-2008
00:00:16
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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.
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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?
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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?
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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.
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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.
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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?
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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.
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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.
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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
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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.)
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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.
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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.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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JUN 2 5 2006
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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
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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
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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
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COMMISSIONER WENDY NEWTON-HUCKABAY VOTED Ccs
COMMISSIONER TOM O'BRIEN VOTEDjQjQ��
COMMISSIONER JOE MARSHALL VOTED
CHAIRMAN DAVjb MOE
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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
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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
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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
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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
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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
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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 %
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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
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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
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008
A. Drawings
1. Vicinity Map
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3. Landscape Plan
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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
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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
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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
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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.
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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
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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
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June 30, 2008
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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.
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MERIDIAN PLANNING & ZONING MEETING July 3, 2008
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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.