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Fast Eddy's Ten Mile Station RZ-10-001 CUP-10-001 DES-10-032CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN+~ ~J In the Matter of the Request to Rezone of 5.90 Acres from C-N (Neighborhood Business) to C-C (Community Business) Zoning District; Conditional Use Permit and Design Review for a Fuel Sales Facility, Convenience Store with aDrive-through and a Vehicle Washing Facility on approximately 1.89 Acres in a proposed C-C Zoning District, by ST Investments. Case No(s). RZ-10-001, CUP-10-007, and DES-10-032 For the City Council Hearing Date of: September 28, 2010 (Findings on the October 12, 2010 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 28, 2010, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 28, 2010, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 28, 2010, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 28, 2010, 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 City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-10-001; CUP-10-007, and DES-10-032 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Site Plan, Landscape Plan, Building Elevations, Development Agreement, and the Conditions of Approval all in the attached Staff Report for the hearing date of September 28, 2010, 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 City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Rezone request, as evidenced by having submitted the legal description and exhibit map, stamped and dated July 22, 2010, by Darin Holzhey, PLS, included in the attached Staff Report for the hearing date of September 28, 2010 incorporated by reference, is hereby conditionally approved. 2. A Development Agreement is required with approval of the subject Rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of September 28, 2010 incorporated by reference. 3. The Applicant's Conditional Use Permit request as evidenced by having submitted the Site Plan (dated 7/22/10), Landscape Plan (dated 7/19/2010), and Building Elevations included in the attached Staff Report for the hearing date of September 28, 2010, is hereby conditionally approved. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of September 28, 2010, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-10-001; CUP-10-007, and DES-10-032 -2- During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe 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 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 28, 2010. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-10-001; CUP-10-007, and DES-10-032 -3- By action of the City Council at its regular meeting held on the day of 2 , 2010. ~~ COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: City Clerk Copy served upon Applicant, Attorney. VOTED__~~~~ VOTED VOTED_~ VOTED VOTED ~,~~ ~~~ M~p~.Ti de Weerd .~`~~~\\~y OF MERi~~9%~~~'% C~' ~ ~' ~ ; ~ Fo S~~.L ~~~ ``` 9o~~~sr is~ • Q~° ,, '~, ,9 `p `\,`~ The Pla Cp~ ~Y ~ brit, Public Works Department and City r1~ ~a~ Dated: P© ~ a - ~y1~7 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-10-001; CUP-10-007, and DES-10-032 -4- STAFF REPORT Hearing Date: TO: FROM: SUBJECT: September 28, 2010 Mayor and City Council Bill Parsons, Associate City Planner (208)884-5533 E IDIAN~-- IDAHO RZ-10-001, CUP-10-007 & DES-10-032 -Fast Eddy's Ten Mile Station 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, ST Investments, has applied to rezone (RZ) 5.90 acres of land in the Courtyard at Ten Mile Subdivision from the C-N (Neighborhood Business District) zoning district to the C-C (Community Business District) zoning district. The subject rezone includes three commercial lots. Concurrently (per the recorded development agreement), the applicant is requesting Conditional Use Permit (CUP) and Design Review (DES) approval to develop the site with a fuel sales facility, a 6,287 square foot convenience store with adrive-through and a 3,495 square foot vehicle washing facility on 1.89 acres. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed development with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on August 19, 2010. At the public hearing the Commission moved to recommend approval of the subiect RZ, CUP and DES request. a. Summary of Commission Public Hearing: i. In favor: Steve Eddv ii. In opposition: None iii. Commenting: Steve Eddv iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. Hours of operation for the proposed facility. c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None ~, ummarv of City Council Public Hearing: L In favor: Steve Eddv 11. In o~nosition: None iii. Commenting: Steve Eddv iY, Written testimony: None y. Staff nresenting annlication: Bill Parsons yi, Other staff commenting on annlication: None l2. ev Issues of Discussion by Council: i< None Fast Eddy's Ten Mile Station PAGE 1 ~ ev Council Change to aff/ .nmmission R .cnmmenr~ation 1. )~4IIg 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-10- 001, CUP-10-007 and DES-10-032 as presented in staff report for the hearing date of September 28, 2010 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-10- 001, CUP-10-007 and DES-10-032 as presented in staff report for the hearing date of September 28, 2010 for the following reasons: (You should state specific reason(s) for denial of the CUP.) Continuance I move to continue File Numbers RZ-10-001, CUP-10-007 and DES-10-032 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the southeast corner of N. Ten Mile Road and W. Pine Avenue, in the southwest '/ of Section 11, Township 3 North, Range 1 West. B. Owners: Truce, LLC 3313 W. Cherry Lane Meridian, ID 83642 C. Applicant: ST Investments 770 W. Ustick Road Meridian, ID 83646 ST Investments 770 W. Ustick Road Meridian, ID 83646 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject applications is for a rezone and a conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Unified Development Code Title 11, Chapter 5. b. Newspaper notifications published on: July 26, 2010 (Commission); September 13 and 20, 2010 (City Councill Radius notices mailed to properties within 300 feet on: July 22, 2010 (Commission); September 2, 2010 (City Council) d. Applicant posted notice on site by: August 5, 2010 (Commission); September 8, 2010 (City Council 6. LAND USE a. Existing Land Use(s): The subject site consists of three commercial lots. The southern lot is proposed for develop at this time. A residential structure exists on the site and will be removed Fast Eddy's Ten Mile Station PAGE 2 for the development of the fuel sales facility. The remaining lots will be developed at a future date. Improvements to Ten Mile Road and Pine Avenue adjacent to the site are currently under construction. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: There are existing multi-family developments along the north and east boundaries of this site. The property to the west is currently developed with rural residences however; future mixed use development could occur based on the City's Future Land Use Map. The property to the south is developed with a church and is zoned limited office. 1. North: Vacant Commercial Property and Multi-family Residential; zoned L-O and R-15 2. East: Single Family Residential; zoned R-15 3. South: Church; zoned L-O 4. West: Rural Residential; zoned RUT c. History of Previous Actions: In 2003, this property was annexed and zoned (AZ-03-009) R-15 and C-N and preliminarily platted (PP-03-010) with 31 building lots and 5 other lots on 11 acres of land as part of The Courtyards at Ten Mile Subdivision. A development agreement (Inst. No. 103184142) was recorded at the time of annexation. A Conditional Use Permit for a Planned Development (CUP-03-020) was also approved that allowed for reduced lot sizes, reduced frontage requirements, reduced setbacks, reduced home sizes, cul-de-sac length, and to allow residential lofts above retail buildings. A final plat (FP-03-064) for The Courtyards at Ten Mile Subdivision including the subject property was approved in 2003 for 28 multi-family residential attached building lots, 3 office/commercial lots, and 10 common lots on 11 acres of land in the R-15 and C- Nzoning districts. A property boundary adjustment (PBA-10-006) for Lots 4, 5 and 7, Block 1, of The Courtyards at Ten Mile Subdivision was approved by the Director on June 21, 2010. A vacation application (VAC-10-005) for Lots 4, 5 and 7, Block 1, of The Courtyards at Ten Mile Subdivision was approved by City Council that vacated access/utility easements. New access/utility easements have been recorded to service the proposed development. d. Utilities: 1. Public Works: Location of sewer: N Gray Cloud Way Location of water: N Gray Cloud Way & W Treva Drive Issues or concerns: Secondary Water Connection or looped water system may be needed for fire flow requirements. e. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: NA 4. Topography: NA £ Access: Access to the site was granted with approval of the Courtyards at Ten Mile Subdivision Fast Eddy's Ten Mile Station PAGE 3 (see section 9 for further analysis). 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated as "Mixed Use Community (MU-C)" on the Comprehensive Plan Future Land Use Map. "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 intent of the MU-C designation is to allow up to 25 acres of non-residential uses, up to 200,000 square feet ofnon-residential building area, and residential densities of 3 to 15 units per acre. This category includes uses such as grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, professional offices, retaiUgift shops, clothing stores, garden centers, restaurants, banks, drive-through facilities, auto service stations, department stores, medical/dental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons and daycares. The subject property was originally approved as a mixed use development, zoned R-15 and C-N. The R-15 zoned property developed with multi-family residential. The commercial portion was approved with a conceptual plan that depicted a fuel station, a bank and multi-tenant retail with residential above. The applicant is proposing to rezone the property C-C (Community Business District) and develop the southern half (one commercial lot) of the site with multiple uses (fuel sales, convenience store and vehicle washing facility) consistent with MU-C designation. Due to the lack of services in this area of Meridian, Staff believes the proposed development is an ideal location to serve area residents. Thus, Staff finds the proposed development and the requested zone change consistent with the stated purpose, intent, and standards of the MU-C land use category in the Comprehensive Plan as described above. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resources and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. Fast Eddy's Ten Mile Station PAGE 4 - The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action 4) The applicant is required to install and maintain landscaping within the street buffers located along N. Ten Mile Road, W. Pine Avenue, W. Treva Drive and N. Gray Cloud Way in accordance with UDC 11-3B-7. At this time only the southern half of the site is proposed for development. The submitted landscape plan conforms to the aforementioned UDC section. The northern half will need to comply once development is proposed for this portion of the site. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) This area of Meridian lacks many commercial services including fuel sales. When The Courtyards at Ten Mile project was approved, it was envisioned that multiple non-residential uses would accompany the residential uses. Staff is of the opinion that the proposed services will complement the existing residential uses in the area. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) In addition, to the required streetscape buffers, the applicant is responsible for installing parking lot landscaping and perimeter landscaping in accordance with the unified development code (UDC). Staff has reviewed the submitted plan and finds the plan substantially complies with the requirements of the UDC. • Chapter VI, Goal III, Objective A, Action 11 (page 87) -Develop trails and path plan. The adopted Master Pathways Plan prescribes a 10 foot multi-use pathway adjacent to the south side of Pine Avenue. Currently, the intersection of Ten Mile and Pine is under construction and includes a pathway per the master pathways plan. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: • "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). The fuel sales facility will share a commercial driveway with future building pad sites to the north. In 2010, staff processed an application to vacate the access easements on the recorded plat. A new access easement has been recorded to facilitate the new lay-out of the fuel sales facility and provide access to the parcels in the north half of the site. Thus, Staff finds the cross access is adequately addressed for the subject property. • "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal N, Obj. D, #5, page 107) Fast Eddy's Ten Mile Station PAGE 5 The proposed right-in/right-out access points to the adjacent aforementioned roadways were reviewed and approved with the Courtyards at Ten Mile Subdivision and the recorded plat depicts the approved access points. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The subject site is designated "Commercial" on the City's zoning map. 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 proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the existing C-N zoning district and the proposed C-C zoning district. Both the proposed fuel sales facility and vehicle washing facility require conditional use permit (CUP) approval in the C-N zone. If the subject rezone application is approved the proposed facilities are principal permitted uses in the proposed C-C zone. However, the recorded development agreement requires CUP approval to commence the uses on the site. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-C zoning district if the rezone request is approved. D. Landscaping 1. UDC 11-3B-8C regulates the parking lot standards of the development code (see section 9 below for further analysis). 2. UDC 11-3B-9C regulates the landscape buffers adjacent to residential land uses (see section 9 below for further analysis). 3. Width of street buffer(s): 25 feet along Ten Mile Road and Pine Avenue; and 10 feet along W. Treva Drive and N. Gray Cloud Way. E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 500 square feet of gross floor area; a total of 9,287 square foot of building area is proposed. Based on this amount, 20 parking stalls would be required; 27 are proposed (see section 9 below for further analysis). 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: RZ/ Development Agreement: The request is to rezone 5.90 acres of land from the C-N zoning district to the C-C zoning district. The proposed C-C zoning district is consistent with the MU-C designation. In 2003, the site was approved as a mixed use development and included a mix of residential and commercial uses. Presently, the residential portion is developed with multi-family residential and the commercial portion was approved with a concept plan. As part of that approval, the recorded development agreement requires detailed CUP approval for the proposed fuel sales facility. The purpose of the mixed-use designation is to provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. At this time only the southern half (one commercial lot) is proposed to develop. Since development is not proposed for the northern half of the site, staff believes a new concept plan should be tied to the subject property. Staff is recommends that prior to development of the northern half of the site, the developer/owner amend the recorded development (a new DA will be required with the rezone of Fast Eddy's Ten Mile Station PAGE 6 the property) and attach a new concept plan that depicts how the northern half of the site may develop. Staff will be looking to ensure compatibility between the northern half and southern half of the site. In addition, a transitional zone cannot be provided to buffer the future commercial uses from the residential uses to the east. Staff is also recommending a DA provision that limit certain uses on the property to ensure compatibility with the surrounding residences. Currently, the site is governed by an existing development agreement recorded as Ada County instrument #103184142. After reviewing the recorded DA, a majority of the DA provisions reference the subdivision improvements. Staff believes there is some validity to the existing recorded DA however; it should apply only to the residential portion that is currently developed. Staff recommends the commercial portion of the site (currently zoned C-N) be removed from the recorded DA (# 103184142). Staff is of the opinion that the commercial portion (proposed C-C portion attached in Exhibit C) be subject to a separate DA. Staff believes the proposed development for the southern portion of the property will set the standard for the remaining commercial portion of the development. With the adoption of the UDC and the Meridian Design Manual, City Staff has better tools for development review. If the Commission or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Staff has included the recommended DA provisions in Exhibit B). Hours of Operation: Currently the subject property is zoned C-N and limits business hours of operation between the hours of six o'clock (6:00) A.M. and ten o'clock (10:00) P.M. The applicant is proposing to operate from five o'clock (5:00) A.M. and twelve o'clock (12:00) A.M., which is one of the reasons for seeking the rezone to C-C. If the proposed rezone is granted the applicant will be able to operate the facility as proposed with the exception of the vehicle washing facility. Staff is unaware of any objections from the adjacent residential property owners regarding to the applicant's development proposal. Therefore, staff is supportive of the hours of operation as proposed. CUP: Per the recorded development agreement, the applicant has submitted a CUP application. The site plan depicts fuel islands and canopy, a new 6,287 square foot convenience store with drive-through and a 3,495 vehicle washing facility and associated site improvements on 1.89 acres of land. The total square footage of the proposed structures is approximately 9,782 square feet. The applicant has included some pedestrian amenities to serve the patrons that may visit the site. The submitted site plan depicts a large patio area with seating benches located at the rear of the convenience store. In addition, the applicant has also communicated to staff that the proposed planter islands located in front of the store will be developed with patio seating for visiting patrons. Staff is supportive of the proposed site design as it provides pedestrian amenities consistent with the Meridian Design Manual. With a future CZC application the applicant will include more details of the proposed patio areas in front of the store. Drive-Through Establishment: The applicant has indicated that the proposed drive-through is intended to serve patrons of the convenience store and is not intended for a restaurant use. Per UDC 11-4-3-11, the following Specific Use Standards apply to the proposed drive-through use of the property as follows: A. All establishments providing drive-through service shall identify the stacking lane, speaker location, and window location on the plans submitted with the Certificate of Zoning Compliance application. The stacking lane, speaker location and window location are shown on the submitted site plan and comply with this requirement. Fast Eddy's Ten Mile Station PAGE 7 The current location of the menu board may potentially block patrons who want to use the outdoor seating area located in the rear of the convenience store. Staff recommends the applicant relocate the menu board to not impede the pedestrian circulation to the rear of the building. The new location of the menu board shall be included on the revised site plan with the submittal of a CZC application. B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of--way by patrons. The stacking lane is located along the east side of the proposed convenience store. The submitted site plan dimensions the drive aisle width between the proposed vehicle washing facility and back of curb for the stacking lane at 37'6 ". The typical width for a two way drive aisle is 25 feet. If the 25 feet is subtracted from the 37'6' of the total width; this leaves 12'6' width for the stacking lane. Staff believes there is sufficient stacking capacity for the proposed drive- through use. C. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The stacking lanes are separate from the circulation lanes and comply with this requirement. D. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. NA (The proposed stacking lane is not within 10' of a residential district or residence.) E. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. The proposed site plan depicts an escape lane. F. A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. ACHD's comments are provided in Exhibit B below. Fuel Sales Facility: Per UDC 11-4-3-20, there are Specific Use Standards that apply to the proposed fuel sales facility use of the property as follows: A. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy more than twenty-five percent (25%) of the subject property. Not applicable B. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). The proposed canopy is approximately 20'6 ", which does not comply with this requirement. The canopy should be redesigned to meet the requirement of the UDC. C. Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of--way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located within ten feet (10') of any abutting residential districts. The submitted site plan shows adequate stacking area on the site outside of the fueling areas and does not abut a residential district. D. If the use is unattended, the standards in accord with Section 11-3A-16 of this Title shall also apply. Not applicable. Vehicle Washing Facility: Per UDC 11-4-3-39, there are Specific Use Standards that apply to the proposed vehicle washing facility use of the property as follows: A. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the plan shall demonstrate compliance with the following standards: Fast Eddy's Ten Mile Station PAGE 8 Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. The proposed facility is located on the east end of the site. The proposed facility is separated from the main use of the site (fuel sales facility). In addition, the proposed site will be serviced with four access points for patrons and pedestrian to enter the site. Therefore, staff believes the washing facility will not obstruct the public right of way. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The proposed facility has four bays; two automated and two self-service. Stacking lanes in front of the facility are adequate to accommodate additional vehicles in queue. In addition, the stacking lanes do not impede vehicular circulation through the site. 3. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. Stacking lanes are not 10 feet of a residential district. The submitted site plan complies with this requirement. 4. A letter from the transportation authority indicating the site plan is in compliance with the highway district standards and policies shall be required. See section B for the transportation authority comments. B. Within the industrial districts, a vehicle washing facility shall be allowed only as an accessory use to a gasoline or diesel fuel sales facility for the use by nonpassenger vehicles. The vehicle washing facility shall be limited in capacity to a single vehicle. The intent is to discourage facilities that cater to passenger vehicles. N/A. The site is not zoned industrial. C. Any use that is not fully enclosed shall be located a minimum one hundred feet (100') from any residential district and shall be limited in operating hours from six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. Currently the proposed residential district boundary is along the western edge of the subject property. The proposed facility is setback 13 feet from the residential district. However, the applicant is proposing to rezone the property which moves the commercial boundary to the centerline of the adjoining roadway. If the rezone is approved the facility will be setback from the residential district by 40 feet. Because the facility does not comply with the 100' setback, the applicant has proposed to enclose three of the four washing bays with doors to comply with this requirement. It is important to note the physical separation between the future facility and the habitable space of the adjacent residences is approximately 140 feet. Thus staff is supportive of the applicant's request to place the vehicle washing facility in the proposed location. Due to the proximity of the residential district, the operations of the proposed facility shall comply with the hours of operation as stated above. D. If the use is unattended, the standards set forth in section 11-3A-16 of this title shall also apply. The proposed vehicle washing facility will be developed in conjunction with the fuel sales facility and convenience store. Personnel will be placed on the site to oversee the operation of the facilities. Meridian Pathways Master Plan: The City's Master Pathways Plan has identified this site as having the potential to extend the pathway network along south side of Pine Avenue. A 10-foot wide concrete pathway was constructed with the recent intersection improvements. Thus, staff finds the site complies with the requirements of the Meridian Master Pathways Plan. Fast Eddy's Ten Mile Station PAGE 9 Sidewalks: The concept plan depicts existing 7-foot wide attached sidewalks along Ten Mile Road. The Comprehensive Plan (page 55) and UDC 11-3A-17C requires detached sidewalks along all arterial streets within the City. Because the existing sidewalk along Ten Mile Road was recently constructed with adjacent road improvements, new detached sidewalks are not required to be constructed at this time. The attached sidewalks along W. Treva Drive and N. Grey Cloud Way were installed with the subdivision improvements. Access: Access to the site was granted with approval of the Courtyards at Ten Mile Subdivision. With that approval, right-in/right-out access points were granted to Ten Mile Road and Pine Avenue. In addition, four (4) full access points were approved to W. Treva Drive and N. Grey Cloud Way. All access points are currently constructed for the site. Typically, the standards outlined in UDC 11-3A-3 would restrict access to Ten Mile Road and Pine Avenue. However, the proposed right-in/right-out access points to the aforementioned roadways were reviewed and approved with the Courtyard at Ten Mile Subdivision. The recorded plat depicts the granted access points. Therefore, staff is supportive of the proposed access points to the adjoining roadways. The applicant is also proposing to construct the internal drive aisle that bisects the north half of the site and the south half of the site. The proposed drive aisle is meant to provide connectivity to the adjacent roadways (Ten Mile Road and N. Grey Cloud Way). A portion of this drive aisle is proposed to be constructed on the adjacent owner's property. The applicant needs to provide a signed affidavit of legal interest from the adjoining property owner allowing the construction of the drive aisle on his property with the submittal of a CZC application. Further, a recorded cross access agreement will be required at the time of CZC submittal to ensure access is granted to the adjoining property owners to the north of the proposed development. Parking: Per UDC 11-3C-6B, in commercial districts, one off-street parking space is required per 500 square feet of gross floor area. Based on the total square footage of structures on the site (9,287 s.£), 20 parking stalls are required; 27 spaces are proposed on the submitted site plan. The proposed parking for the site complies with the parking requirements outlined in the UDC. Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 vehicle spaces, in compliance with the standards listed in UDC 11-3C-SC. Staff is recommending the applicant provide sufficient bike parking on the site. Existing Structure: The site is developed with a single family home. UDC 11-2B-2 does not list detached single family homes as a conditional or principally permitted use in the C-C zoning district. The existing residential structure shall be removed upon development of the site. Site Plan: Staff has reviewed the site plan (prepared by Roger Foster, LLC, dated 07/22/10, labeled as Sheet SS1.0, included as Exhibit A.2) submitted with this application. The following items should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance application: • Comply with the bicycle parking requirements stated in UDC 11-3C-6G and UDC 11- 3C-SC. • Provide signed affidavit of legal interest from the adjoining property owner (northern pad site) allowing the construction of the shared drive aisle on his property with the submittal of a CZC application. • Submit a recorded cross access agreement granting access to the adjoining properties access through the property with the submittal of a CZC application. • Relocate the menu board as to not impede pedestrian traffic to the rear patio area. Fast Eddy's Ten Mile Station PAGE 10 • Call-out patio areas adjacent to the four parking stalls in front of the store on the revised plan. Landscaping: Staff has reviewed the landscape plan (prepared by Harvest Design, dated 07/19/2010, labeled as Sheet LS-1, included as Exhibit A.3) submitted with this application. The following items should to be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance application: • Include the a detail for the proposed patio areas located adjacent to the four parking stalls in front of the store on the revised landscape plan. • Construct a 25- foot wide landscape buffer adjacent to Ten Mile Road as proposed. • Construct the landscape buffer along the W. Treva Drive and N. Grey Cloud as proposed. In no case shall the buffer width be reduced less than 10 feet. Building Elevations: The Applicant has submitted building elevations with this application that are included in Exhibit A. Building materials for the convenience store include wood shingle siding and stucco, cultured stone veneer as a wainscot, and a combination of metal and cloth awnings and standing seam metal roofing material. The proposed building is highlighted with two tower features detailed in wood shingle siding and stained roof brackets and a covered entry feature with a raised parapet for definition. The roof line of the proposed building includes detailed cornices with an accent band along the towers. The paint scheme for the building includes two body colors and a trim color. The vehicle washing facility is proposed to be constructed of the same building materials excluding the stucco. Instead of the stucco, the applicant is proposing to use split face block and wood shingle siding as the primary building materials for the building. The roofing material matches the tower detail of the convenience store and incorporates the same stained roof brackets for a uniform design. For the fuel canopy the applicant has not fully integrated it into the design of the site. However the canopy does incorporate the cornice detail that is used along the roof line of the convenience store. The canopy includes the corporate colors of the chevron brand which is blue, grey and white. Because the applicant has done such a nice job with the design of the primary structure, staff believes this will define the proposed development and sets the tone for future development north of this site. Staff is supportive of the proposed elevations as they comply with the design standards listed in UDC 11-3A-19 and Meridian Design Manual. The future buildings constructed on this site shall substantially comply with these elevations. Design Review: The proposed development is subject to Administrative Design Review in accordance with UDC 11-SB-8. Further, the buildings, the site design and the landscape design are subject to the standards and guidelines in accordance with UDC 11-3A-19 and the Meridian Design Manual. Staff has reviewed the site design, landscape design and elevations for compliance with both the UDC standards and Design Manual guidelines. Staff finds the site complies with the standards in the UDC and the guidelines contained section C Urban/Suburban Design Guidelines in the Meridian Design Manual. In summary staff is supportive of the applicant's CUP and design review with the conditions contained herein. To ensure that all of the conditions of approval listed in Exhibit B are complied with and the site plan is amended, the applicant will be required to obtain a CZC from the Planning Department prior to receiving a building permit. Fast Eddy's Ten Mile Station PAGE 11 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan 3. Landscape Plan 4. Elevations 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. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Fast Eddy's Ten Mile Station PAGE 12 A. Drawings 1. Vicinity Map '~ °, ~~ 1.-0 ,~ki~i~'ia'~ + S~h~ i ~i z ' i ail ~ ~, ~3~ . Exhibit A 2. Site Plan «n.n '~'~"""'" ~ 7ll'2131SOj 213021 HSH/k-LV~ UWN 321015 3~N31N3ANO.l N021A3H7 ~ ~ ¢ ~ N _ ill _ ~~ I L ~ , ~~~ __ . _ __ -----_________ ___ _______. I .IVM 0!)07 ~l3&`J 'N --------•`-\. I ~~$ i ~B ~.~ ~~ ~ ~ ~; .". ~ \ d ®• ~i ~•`~~ ~ ~D~ ~ ~. \~d, a ~ Jt ® ® \ \'\~i I - 1 _ j~ ` \\``\lX is ° ~ ~' ~ _ - ; °~ \\ i '+ y ~ ~ ^ c - ' tl ~ ~ ~~ yq,$~ ~~ 1s ~~e ~ ~1~ ~ ~~$ ~~~~~ 2t 3s ~ 1 jg ~I p ar a ~ aaaa aaA aaa.aaa a I ~ ®~'" I -ll(~~. ~~ I I A~; i x I 1 p A R M~ ~t~~ .~... i 9a~!@f~Ct,~f66t~~~~E1 _. I _ _ OV02131IW N31'N -- ~~ `,.~p~ -~ _ ~ ~ ~~ 1~ __ - - --~"_----- , t s~ B I ~ ~ ~ g~~ e ~ ~ 1S ~~~ a ~ ~ ~ ~ 'v ~~~~ 0 i i~~ E i < ~ au y ~d~ p f !~! l ~ _.. .._ ._._.. .:~:~ . _.._..1' Exhibit A - 2 - 3. Landscape Plan ^~ •~ ~t ~ i I --- i f ~ i i r~«~« Exhibit A - 3 - 4. Elevations " REAR LEAST -___ v~ ~~ ~w~ f1l mcE rtvP.t i_~ ~u ~tiw'.m, w.... PLAN o t.== _____ ..ti FRONT IWES71 iR/151~1 ENCLOSURE .,~, ° a i ~:: WEST ITOWERI ELEVATION 'i-wa~~ •~a s - r n• .+~ SOUTN ITOWERI ELEVATION >t/6 R7-IT Fasl~Jys FiLST~ELEVATON O ElEYATON GAS 6S~ REAR (PATIOI ELEVATION RREeP. a^ BOO " ^""5....^e" "~..1w"~."° .. M.«.e.u... &.T~' in°. ...,,.`w...: `+ '~ V9EST~ ATOM FM qWt .~ ~ ~ '~ Exhibit A - 4 - ® ~w B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE 1.1.1 The legal description for the proposed annexation submitted with the application (prepared on July 22, 2010, by Dale Meyers, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 1.1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be executed between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office, 898-5506, to initiate this process. Said DA shall be signed by the property owner and returned to the City within one year of the city granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: 1. Future construction and development of the site shall comply with the standards listed in UDC 11-3A-19 and the objectives and guidelines of the Meridian Design Manual in effect at the time of development. 2. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Department for approval of all future buildings/uses on the site, prior to issuance of building permits. 3. Development of the subject property shall comply with the C-C standards listed in UDC 11-2B-3. The uses allowed pursuant to this agreement are those uses allowed in the C-C zoning district listed in UDC Table 11-2B-2 except for the following: drinking establishments, minor vehicle repair, equipment rental, sales and service, wireless communication facility and vehicle sales and rentals. 4. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 5. The applicant shall be responsible for all costs associated with sewer and water service installation. 6. Development of the southern portion (parcel 3 recorded with ROS #8823) of the site shall comply with the site plan, the elevations and the landscape plan attached in Exhibit A of the staff report, as amended herein, and with the requirements of the subject Development Agreement. Certificate of Zoning Compliance application is required to be submitted to the Planning Department for approval prior to issuance of a building permit. Prior to commencing development on the northern portion of the site (parcels 1 and 2, recorded with ROS #8823), the developer/owner shall modify the development agreement and attach a new concept plan depicting future development of the north portion of the site. The future concept plan shall be compatible with the development proposed for the southern half of the site. 1.2 CONDITONAL USE PERMIT 1.2.1 The site plan, prepared by Rogers Foster, LLC dated 07/22/10, is approved, with the conditions listed herein. The applicant shall revise the site plan as follows: • Comply with the bicycle parking requirements in accord with UDC 11-3C-6G and UDC 11-3C-SC. Exhibit B • Provide signed affidavit of legal interest from the adjoining property owner (northern pad sites) allowing the construction of the shared drive aisle on his property with the submittal of a CZC application. • Submit a recorded cross access agreement granting access to the adjoining properties access through the property with the submittal of a CZC application. • Relocate the menu board as to not impede pedestrian traffic to the rear patio area. • Call-out patio areas adjacent to the four parking stalls in front of the store on the revised site plan. 1.2.2 The landscape plan, prepared by Harvest design, dated 07/19/10, shall be revised as follows: • Include the detail for the proposed patio areas located adjacent to the four parking stalls in front of the store on the revised landscape plan. • Construct a 25- foot wide landscape buffer adjacent to Ten Mile Road as proposed. • Construct the landscape buffer along the W. Treva Drive and N. Grey Cloud as proposed. In no case shall the buffer width be reduced less than 10 feet. 1.2.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, UDC 11-4-3- 20 and UDC 11-4-3-39 for the drive-through establishment, the fuel sales facility and the vehicle washing facility. 1.2.4 Building elevations of the proposed convenience store and vehicle washing facility shall comply with the elevations shown in Exhibit A.4. The proposed fuel canopy shall be lowered 6 inches to comply with the height requirements outlined in UDC 11-4-3-20A.2. 1.2.5 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply with the conditions of approval listed herein, prior to establishment of the new uses. 1.2.6 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.2.7 Provide temporary fencing around the perimeter of the building sites to contain debris during construction and shall be installed around the site prior to release of building permits. 1.2.8 Underground year-round pressurized irrigation must be provided within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.2.9 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.2.10 The request for Administrative Design Review approval for the site and landscape design, and proposed buildings are approved as modified by the conditions of approval herein. Any modifications to the site design, landscape design or building alterations shall not occur without written approval from the Planning Department. Exhibit B - 2 - 1.2.11 Staff s failure to cite specific ordinance provisions or terms of approval of the Courtyard at Ten Mile development does not relieve the applicant of responsibility for compliance. The applicant shall comply with all prior conditions of approval for this site. 1.2.12 Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above (UDC 11-SB-6F). If the approved use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains that are constructed in N Gray Cloud Way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Gray Cloud Way and W Treva Dr. If approved fire flows can not be achieved the applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. 2.5 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.6 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and the road base approved, prior to applying for building permits. 2.7 All development improvements, including but not limited to sewer, water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.8 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to issuance of building permits. 2.9 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.11 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.12 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. 2.13 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. . Exhibit B - 3 - 2.14 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian Department of Public Works, Improvement Standards for Street Lighting. All street lights shall be installed at sub divider's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 'h" 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'. £ 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. 3.2 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. The applicant shall confirm fire flow adequacy with the Public Works Department prior to submitting the CZC application. 3.3 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 an imposed weight of 75,000 GVW. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix C. 3.6 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.7 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code Section 101.2. 3.8 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4. POLICE DEPARTMENT 4.1 The Police Department did not provide comments on the subject application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not provide comments on the subject application. 6. SANITARY SERVICE COMPANY 6.1 The applicant shall submit afull-size scaled site plan approved by SSC verifying compliance with SSC's requirements with the CZC application. Exhibit B - 4 - 7. ADA COUNTY HIGHWAY DISTRICT 7.1 The pork chop islands as shown in the applicant's site plan at N. Ten Mile Road and W. Pine Avenue shall not be allowed. The intersection of N. Ten Mile Road and W. Pine Avenue is currently under construction. As part of that construction project, six-inch concrete medians are to be installed on N. Ten Mile Road and W. Pine Avenue. From the intersection of N. Ten Mile Road and W. Pine Avenue the medians are to extend 265-feet south on N. Ten Mile Road and 255-feet east on W. Pine Avenue. The concrete median will restrict the driveway onto N. Ten Mile Road to a right-in right-out only access. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest Exhibit B - 5 - advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B - 6 - C. Legal Description and Exhibit Map EXHIBIT A LEGAL DESCRIPTION FOR REZONE A PORTION OF THE COURTYARDS AT TEN MILE SUBDIVISION A parcel of land being a portion of The Courtyards at Ten Mile Subdivision located in the Northwest 1/4 of the Southwest 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Cily of Meridian, Ada County, Idaho, described as follows: BASIS OF BEARINGS: The West line of the Southwest 1!4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as Soud~ 00°42'44" West with the distance between monuments found to be 2646.35 feet. BEGINNING at the Northwest corner of the Northwest 1/4 of the Southwest 1/4 of Section 11, T. 3 N., R. 1 W., Boise Meridian from which the Southwest corner of said Southwest 1/4 bears South 00°42'44" West a distance of 2646.35 feet; Thence along the north line of said Southwest 1/4 South 89°20'02" East to the centerline of N. Gray Cloud Way a distance of 458.50 feet; Along the centerlines of N. Gray Cloud Way and W. Treva Dr. the following: Thence South 00°41'42" West a distance of 108.12 feet to a point of curvature; Thence along a curve to the left with a radius of 55.00 feet and a central angle of 25°25'50" an arc length of 24.41 feet (with a chord bearing of South 12°01'13" East, and a chord distance of 24.21 feet) to a point of tangency; Thence South 24°44'08" East a distance of 33.40 feet to a point of curvature; Thence along a curve to the right with a radius of 55.00 feet and a central angle of 25°25'50" an arc length of 24.41 feet (with a chord bearing of South 12°01'13" East, and a chord distance of 24.21 feet) to a point of tangency; Thence South 00°41'42" West a distance of 191.80 feet to a point of curvature; Thence along a curve to the right with a radius of 80.00 feet and a central angle of b4°51'25" an arc length of 76.59 feet (with a chord bearing of South 28°07'25" West, and a chord distance of 73.70 feet) to a point of tangency; Thence South 55°33'07" West a distance of 208.52 feet to a point of curvature; Thence along a curve to the right with a radius of 70.00 feet and a central angle of 35°08'34" an arc length of 42.94 feet (with a chord bearing of South 73°07'25" West, and a chord distance of 42.27 feet) to a point of tangency; Thence North 89°18'18" West to a point on the west line of said Southwest 1/4 a distance of 238.92 feet; Thence leaving said centerlines North 00°42'44" East a distance of 575.29 feet to the POINT OF BEGINNING. Said Parcel containing 256,848 square feat or 5.80 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. END OF DESCRIPTION ~ REVI 1~1'AP ROVAL Dale P. Meyers, P.L.S. 13553 BY, Timberline Surveying 847 Park Centre Way, Suite 1 Nampa, Idaho 83861 (208) 465-5887 JUL 2 3 2010 MERIDIAN PUBLIC WORKS DEPT. Exhibit C - 1 - RED PPROVAL BY ~U! 2 3 20a MERIDIAN WORKS DEPT: EXHIBIT B W>~ :o ~' 41'421N 108.12' N.T.8. 1 $24•M'08'E ~ ~ 880' ~ `~ ~ N ® ~~ ~ .- ® ` ~ ~ fi ® w~ .. r ~$D o Y ® ~~ - - r ~ • ~arurrn r ` - - lllO'~Y6AI~{ Cuw TMN Ct/RNL~ LL`M07H RAOIUB DELTA eEARM10 CHORD TANOENI` C1 21~i1` 68.00' 26'2E68• 812' Ot` 1a"E a1,:r 12ar c2 2v~r ee.oa :a`Y6~eo~` s1r o1` 1a~E ar.sr 12A1` T ~N cs r6.66r aa6c 6~~arz6~ a2var2rw ra.~a 41.62' F C4 42Ar 10A6' 8C06'i1' 878' 07' 26'W 42.2?' 22.tT ~~r REZONE EXHIBIT FOR A PORTION OF • THE COI~TYARDB AT TEN MILE 9UBD11A810N j LOCATED IN THE NW 1/4 OF THE 8W 1M OF SECTION 11, ~~ti TOWNSFIIP 8 NORTH, RANGE 1 WEST, BOI8E MERIDIAN, I n ~,~~ MER1Df/W, AD11 COUNTY, IDAHO ~~~ Exhibit C - 2 - D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property from C-N to C-C. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to C-C will provide services for residents in this area of the city, consistent with the purpose statement for the commercial districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that maybe provided when determining this fmding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable as the applicant is requesting approval of a rezone, not annexation. 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: 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 Council finds that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the C-C zoning district and the fuel sales facility, drive-through establishment and vehicle washing facility specific use standards. Exhibit D - 1 - b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed uses in the proposed C-C zone meets the objectives of the Comprehensive Plan. 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 Council finds that the proposed commercial development is compatible with other uses in the general area and will not adversely change the character of the area. 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 Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. 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 Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. 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. The Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. 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 Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council recognizes the fact that traffic and noise will increase with the approval of this development; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. 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 Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that maybe presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D - 2 -