Fast Eddy's/Somerton Subdivision RZ-10-006 PP-10-006 CUP-10-011CITY OF MERIDIAN ~~E IDIAN~-
FINDINGS OF FACT, CONCLUSIONS I D A H O
OF LAW AND
DECISION & ORDER
In the Matter of Rezone of 16.12 Acres of Land from the C-N (Neighborhood Business) to
the C-C (Community Business) Zoning District and Preliminary Plat consisting of 5
Building Lots on 13.19 Acres of Land for Somerton Subdivision, by Overland 16, LLC; and
Conditional Use Permit for Fast Eddy's Consisting of a Convenience Store, Fuel Sales
Facility, Vehicle Washing/Detail Facility, Quick Lube, and Drive-Through in a Proposed
C-C Zoning District, by ST Investments.
Case No(s). RZ-10-006; PP-10-006; CUP-10-011
For the City Council Hearing Date of: December 7, 2010 (Findings on December 14, 2010)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of December 7, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 7, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 7, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 7, 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-10-006; PP-10-006; CUP-10-011
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 Conditions of Approval all in the attached Staff
Report for the hearing date of December 7, 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:
The applicant's request for rezone, preliminary plat, and conditional use permit are
hereby conditionally approved per the conditions of approval in the attached Staff
Report for the hearing date of December 7, 2010, attached as Exhibit A.
2. A Development Agreement is required with approval of the subject rezone and shall
include the provisions noted in the attached Staff Report for the hearing date of
December 7, 2010, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to obtain the city
engineer's signature on the final plat within two (2) years of the approval of the
preliminary plat or the combined preliminary and final plat or short plat.
In the event that the development of the preliminary plat is made in successive phases
in an orderly and reasonable manner, and conforms substantially to the approved
preliminary plat, such segments, if submitted within successive intervals of two (2)
years, maybe considered for final approval without resubmission for preliminary plat
approval.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-10-006; PP-10-006; CUP-10-011
Upon written request and filed by the applicant prior to the termination of the period in
accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain
the City Engineer's signature on the final plat not to exceed two (2) years. Additional
time extensions up to two (2) years as determined and approved by the City Council
maybe granted. With all extensions, the Director or City Council may require the
preliminary plat, combined preliminary and final plat or short plat to comply with the
current provisions of Meridian City Code Title 11. If the above timetable is not met and
the applicant does not receive a time extension, the property shall be required to go
through the platting procedure again.
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of two (2) years 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 signed by the City Engineer within this two (2) year period.
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 two (2) year period. Additional time extensions up
to two (2) years as determined and approved by the City Council maybe granted. With
all extensions, the Director or City Council 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 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 December 7, 2010
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-10-006; PP-10-006; CUP-10-011
T'`-~
By action of the City Council at its regular meeting held on the day of
'~Q____11~_, 2010.
COUNCIL MEMBER DAVID ZAREMBA VOTED_
COUNCIL MEMBER BRAD HOAGLUN VOTED_ c~,L~-
COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ i
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
-~1jY ~Gl ~~~`~
Mayor Taff y de Weerd
Attest: .`~~G`,~~ O~ ®~~'~.~, ~'',
AGO POI;q TFp ~~
aycee man, City Clerk -g~iA.L ~
,,~ Q ~~.
Copy served upon Applicant, The Plari~-'Dt~iie I~,~ublic Works Department and City
~ ~ii~riirii n~ti~~`~~~
Attorney.
B ~ ~ Dated: t a_~__I.~ I ~t~ I C~
Cit le s Cl~ Ic
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-10-006; PP-10-006; CUP-10-O1 I
EXHIBIT A
STAFF REPORT
HEARING DATE: December 7, 2010 E IDIAN~---
TO: Mayor & City Council I D A H O
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: RZ-10-006; PP-10-006 -Somerton Subdivision
CUP-10-011; DES-10-044 -Fast Eddy's
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
Overland 16, LLC has applied for a rezone (RZ) of 16.12 acres of land from the C-N (Neighborhood
Business) to the C-C (Community Business) zoning district and a preliminary plat (PP) consisting of 5
building lots on 13.19 acres of land for Somerton Subdivision.
ST Investments has applied concurrently for a conditional use permit (CUP) for Fast Eddy's consisting of a
convenience store, fuel sales facility, vehicle washing/detail facility, quick Tube, and drive-through in the
proposed C-C zoning district on the northern portion of the site. Fast Eddy's is proposed to be located on
two of the future lots in the proposed subdivision consisting of 3.83 acres. Administrative design review
(DES) is also requested for the site, convenience store and fuel canopy.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ, PP, and CUP based on the Findings of Fact and
Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard these items on November 4, 2010. At the public
hearing they moved to recommend approval of the subiect RZ, PP, and CUP requests.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay; Steve Eddy; Greg Johnson; Taylor Merrill
ii. In opposition: None
iii. Commenting: Michael Wells
iv. Written testimony: None
v. Staff presenting application: Anna Canning
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. Width of the drive aisle between gas pumps;
ii. Traffic congestion in the general area & future improvements to Locust Grove;
iii. Access to the site via Locust Grove & Overland Roads as proposed.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. The applicant requests a waiver to UDC 11-3A-3 which requires access to be taken from a
local street (E. Puffin St.) where available. to allow the access points proposed on the plat to
Overland and Locust Grove Roads.
~. City Council Public Hearing:
1~ In favor: Becky McKay, Steve Eddy, Taylor Merrill
PAGE 1
EXHIBIT A
ii: In o pposition: None
iii, Com menting: None
iY. Wri tten testimony: Bruce & Edith Waite and Eugene & Gerry Viertel
~ Staf f nresentin~ application: Sonya Watters
yi. Oth er staff commenting on aRplication: Anna Ca_nninP
~ Key Issu es of Discussion by Council:
y The proposed access points to the site via Locust Grove & Overland in regard to the
appl icant's request for a waiver to the access requirements listed in UDC 11-3A-3:
11. Nois e generated from the carwash and the impact on nearby residents.
~, Key Co uncil Changes to Staff/Commission Recommendation
L ~gS ijfy~A-provision #1.1.2h an_d cnn_rli_tion_ of annroval #1.2.1b in Exhibit B to reflect
Cou ncil annroval of a waiver for access to Locust Grove & Overland Roads as depicted
on t he 1L op sed
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval of File Numbers
RZ-10-006, PP-10-006, and CUP-10-011 as presented in the staff report for the hearing date of November
4, 2010, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial of File Numbers
RZ-10-006, PP-10-006, and CUP-10-011, as presented during the hearing on November 4, 2010, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers RZ-10-006, PP-10-006, and CUP-10-O1 lto the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s) for
continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the southeast corner of E. Overland Road and S. Locust Grove Road,
in the northwest '/ of Section 20, Township 3 North, Range 1 East (Parcel No. S 1120223307)
B. Applicants:
RZ & PP: Overland 16, LLC
P.O. Box 344
Meridian, ID 83680
CUP: Steve & Tracie Eddy, ST Investments
770 W. Ustick Road
Meridian, ID 83642
C. Owner:
Overland 16, LLC
P.O. Box 344
Meridian, ID 83680
D. Representative/Contact:
RZ & PP: Becky McKay, Engineering Solutions, LLP
PAGE 2
EXHIBIT A
1029 N. Rosario Street, Ste. 100
Meridian, ID 83642
CUP: Steve Eddy, Fast Eddy's
770 W. Ustick Road
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narratives for this information.
V. PROCESS FACTS
A. The subject applications are for a rezone, preliminary plat, and conditional use permit. A public hearing
is required before the Planning & Zoning Commission and City Council on each of these matters,
consistent with Meridian City Code Title 11, Chapter 5.
B. The subject application is for administrative design review. This application is approved at staff level
by the Director, consistent with Meridian City Code Title 11, Chapter 5.
C. Newspaper notifications published on: October 18 and November 1, 2010 (Commission); November
15, and 29, 2010 (City Council)
D. Radius notices mailed to properties within 300 feet on: October 7, 2010 (Commission); November 11,
2010 (City Council)
E. Applicant posted notice on site by: October 22, 2010 (Commission); November 15, 2010 (City Council)
VI. LAND USE
A. Existing Land Use(s): This site is currently vacant.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area consists of a
mix of residential, commercial, and office uses as well as a church, as follows:
North: A Maverik c-store & fuel facility exists northwest of this site across Overland, zoned C-C;
vacant property, zoned C-G exists directly across Overland to the north.
South: A church exists to the south across Puffin Street, zoned R-8
East: Offices and apartments (Sagecrest) exist to the east of this site, zoned L-O
West: Residential uses (an assisted living facility & Sportsman's Point Sub.) exist to the west of the site
across Overland, zoned L-O and R-4.
C. History of Previous Actions:
- In 2000, this property received annexation and zoning (AZ-00-004) approval of 16.119 acres of
land with a C-N zoning district (Ordinance No. 882). A development agreement was required
as a provision of annexation (Instrument No. 10100056509).
- A modification to the development agreement (MI-06-009) was approved in 2007 (Instrument
No. 107005524).
D. Utilities:
1. Public Works:
a. Location of sewer: E Overland Road & S Locust Grove Road.
b. Location of water: E Overland Road & S Locust Grove Road.
PAGE 3
EXHIBIT A
Issues or concerns: A water main will need to be looped within this project from E Overland
Road & S Locust Grove Road. Also no sewer or water mains shall be located within any site
landscaping.
E. Physical Features:
1. Canals/Ditches Irrigation: The Hunter Lateral runs along the east boundary of the property and is
tiled.
2. Hazards: Staff is unaware of any hazards that may exist on this property.
Flood Plain: This property does not lie within the floodplain or flood way.
F. Access: Access for this site is proposed on the plat via one right-in/right-out and one full access to/from
E. Overland Road; one full access to/from S. Locust Grove Road in alignment with E. Peacock Street
on the west side of Locust Grove; and three full access points to E. Puffin Street at the south boundary
of the site. See Analysis below in Section IX for more information.
VII. COMPREHENSIVE PLAN ANALYSIS
The subject property is currently designated "Commercial" on the Comprehensive Plan Future Land Use
Map. Per the Comprehensive Plan (page 105), commercial designated areas: provide a full range of
commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and
office uses, multi-family residential, as well as appropriate public uses such as government offices. Within
this land use category, specific zones may be created to focus commercial activities unique to their
locations. These zones may include neighborhood commercial uses focusing on specialized service for
residential areas adjacent to that zone.
The uses proposed by the applicant for Fast Eddy's on the northern portion of the site are consistent with
the Commercial designation.
Although no development is proposed at this time, the applicant for Somerton Subdivision intends to
develop the remainder of the site with multi-family residential uses on the largest lot and office or
commercial uses on the two lots adjacent to Locust Grove. These types of uses are also consistent with the
Commercial designation and the C-C zoning district.
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 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 subject property in the
following manner:
- Sanitary sewer and water service is available to be extended to the property.
- The lands are serviced by the Meridian Fire Department (MFD).
- The lands are serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada County
Highway District (ACHD). This service will not change.
- The subject lands are currently serviced by the Meridian School District #2. This service will not
change.
- The subject lands are currently serviced by the Meridian Library District. This service will not
change.
PAGE 4
EXHIBIT A
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 IV, Objective D, Action 4)
The applicant is required to provide landscaped street buffers along Overland Road, Locust Grove
Road, and Puffin Street as a provision of preliminary plat approval in accord with the standards listed
in UDC 11-3B-7. The applicant has submitted a landscape plan that complies with these standards.
• "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal
1, Objective B)
The proposed convenience store, carwash/detail shop, quick lube, fuel facility, and future uses as
allowed in the C-C district will provide a variety of commercial and possibly multi family residential
opportunities in this area. Currently, there are no service areas of the magnitude proposed by Fast
Eddy's in this area. Staff is of the opinion that the proposed store and associated uses will provide
needed services to residents and employees in this area of the City.
• "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action 5)
In addition to the required streets buffers, the applicant is responsible for installing parking lot
landscaping and buffers to adjoining uses in accord with the standards listed in UDC 11-3B-8 and I1-
3B-9. Staff has reviewed the submitted plan for Fast Eddy's and finds it substantially complies with the
aforementioned requirements. The landscaping on the remainder of the site will be reviewed upon
future development.
• "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing
access points on to arterial streets." (Chapter VI, Goal II, Objective A, Action #12).
Staff recommends as a condition of approval that cross-access is provided to the office development to
the east for future interconnectivity and to reduce access points on arterial streets. Cross-access
easements are shown on the plat for internal interconnectivity.
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N,
Objective D, Action #2)
In accord with UDC 11-3A-3, which requires access to be taken from a local street when available,
staff recommends access is provided via E. Puffin Street. The proposed arterial accesses may only be
allowed by City Council action.
• "Locate new community commercial areas on arterials or collectors near residential areas in such a way
as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action #5)
This site is located on the corner of two arterial streets (Overland & Locust Grove) and near several
residential subdivisions. The uses proposed and allowed in the C-C zoning district will provide a
variety of uses to the nearby residential developments in this area and be easily accessible by travelers
on Locust Grove and Overland.
• Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible
land use development on adjacent parcels.
There are existing residential uses (apartments) along a portion of the east boundary of the proposed
subdivision. A 2S foot wide landscape buffer is required to be installed adjacent to residential uses in
the C-C zoning district upon development of the portions of the site that abut residential uses. Locust
PAGE 5
EXHIBIT A
Grove Road and the street buffers adjacent to it will provide a separation & buffer between the site and
the assisted living facility to the west.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Commercial Districts: 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-21ists allowed uses in the C-C
zoning district. The applicant for Fast Eddy's proposes to develop a portion of the site with a
convenience store (retail), fuel sales facility, vehicle washing facility, quick Tube (vehicle sales or rental
and service), and a drive through establishment. All of these uses are principally permitted in the
proposed C-C zoning district except for the drive through which requires conditional use permit
approval when proposed within 300 feet of a residential use or district.
There are specific use standards listed in UDC 11-4-3 for fuels sales facilities (11-4-3-20), vehicle
washing facilities (11-4-3-39), vehicle sales or rental and service (11-4-3-38), and drive through
establishments (11-4-3-11).
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning
district apply tQ development of this site.
D. Landscaping Standards (UDC Table 11-2B-3 & 11-3B):
1. Width of street buffer(s): 25 feet along Locust Grove & Overland Roads; 10 feet along Puffin Street;
landscaping should be installed in accord with the standards listed in UDC 11-3B-7C.
2. Width of buffer(s) between land uses: 25 feet to residential uses; landscaping should be installed in
accord with the standards listed in UDC 11-3B-9C.
3. Parking lot landscaping: Landscaping should be installed in accord with the standards listed in
UDC 11-3B-8C.
4. Percentage of site as open space: NA
5. Tree Preservation: NA (there are no existing trees on the site)
E. Off-Street Parking: UDC 11-3C-6B requires 1off-street vehicle parking space for every 500 square feet
of gross floor area for nonresidential uses. A total of 19,260 square foot of building area is proposed on
the portion of the site proposed to develop as Fast Eddy's. Based on this amount, 39 parking stalls
would be required; 61 are proposed (see section 9 below for further analysis).
UDC 11-3C-6G requires one bicycle parking space be provided for every 25 proposed vehicle parking
spaces or portion thereof. Based on 39 parking stalls, a minimum of 2 bicycle parking spaces are
required in accord with the standards listed in UDC 11-3C-SC.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE (RZ): The applicant proposes to rezone the site consisting of 16.12 acres of land from the C-N
(Neighborhood Commercial) to the C-C (Community Business) zoning district.
A Fast Eddy's consisting of a convenience store, fuel sales facility, vehicle washing/detail facility,
quick Tube, and drive-through is proposed on the northern portion of the site. The remainder of the site
is intended to develop in the future with apartments and commerciaUofficeuces.
PAGE 6
EXHIBIT A
The proposed RZ to C-C is consistent with the future land use designation of Commercial for this
property (see analysis above in Section VII).
The legal description submitted with the application (included in Exhibit C) shows the boundaries of
the land proposed for the rezone.
Development Agreement: A DA currently exists for this property that was approved as a provision
of annexation in 2000 and subsequently amended in 2007. When this property was annexed, a
conceptual overall site plan was approved with the conditional use permit/planned development. As
part of the planned development process at that time, a CUP application with a detailed site plan was
required to be submitted upon development. Therefore, a provision (4.1) of the DA requires all uses
and development of the property to obtain CUP approval. Fast Eddy's is proposing a CUP for
approval of adrive-through on the site concurrently with the RZ & PP in compliance with this
requirement.
Staff is of the opinion the CUP requirement should not be a provision of the current development for
the following reasons: 1) Changes have been made to the planned development section of the UDC
that no longer require this process; 2) The area of the original DA encompasses the entire Resolution
Subdivision, most of which is already developed; and the City now has design standards for all
commercial development which did not exist at the time of the previous site approvals. Because a
rezone is proposed, the City has the authority to require a property owner to enter into a new or
amended DA with the City in accord with UDC 11-SB-3D2 and Idaho Code §67-6511A.
To ensure this property develops in a fashion that is consistent with the comprehensive plan and does
not negatively impact nearby properties, staff recommends a new DA be executed between the
property owner, developer, and City that no long requires this property to comply with the current
and amended DA for Resolution Business Park. Staff has included recommended DA provisions in
Exhibit B. 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.
PRELIMINARY PLAT (PP): The proposed preliminary plat consists of 5 building lots on 13.19 acres
of land for Somerton Subdivision. The area for the PP differs from that of the RZ due to the inclusion
of right-of-way to the section line of adjacent streets in the RZ area.
Dimensional Standards: Staff reviewed the proposed plat for compliance with the applicable
dimensional standards of the C-C district listed in UDC Table 11-2B-3 and determined the width of
the landscape buffer easements comply with required standards.
Access: Access for this site is proposed via one right-in/right-out and one full access to/from E.
Overland Road; one full access to/from S. Locust Grove Road in alignment with E. Peacock Street on
the west side of Locust Grove; and three full accesses via E. Puffin Street at the south boundary of the
site. There is an existing curb cut approximately 220 feet south of the Overland/Locust Grove
intersection that is proposed to be closed.
UDC 11-3A-3 requires access to be taken from a local street where available unless otherwise waived
by City Council. Because access is available via a local street, E. Puffin Street, staff recommends sole
access to the site is provided via Puffin.
The applicant requests a waiver from Council for the access points proposed on the plat to Overland
and Locust Grove Roads.
Internal cross-access easements are proposed on the plat.
Sidewalk: Per UDC 11-3A-17, minimum 5-foot wide detached sidewalks are required along arterial
streets (Locust Grove and Overland Roads). A minimum 5-foot wide sidewalk is required along E.
PAGE 7
EXHIBIT A
Puffin Street, a local street; this sidewalk is not required to be detached. The existing and proposed
sidewalks are depicted on the landscape plan.
There is an existing attached sidewalk along Overland and the majority of the frontage along Locust
Grove that was recently installed with the widening of these streets; staff does not recommend these be
removed and reconstructed. However, the area along Locust Grove where a sidewalk does not currently
exist should be detached as shown on the landscape plan.
Where the sidewalk is located on the subject property and not within the right-of--way, a public use
easement shall be dedicated on the face of the plat.
Landscaping: Landscaped street buffers are required to be provided along Locust Grove, Overland,
and Puffin in the dimensions detailed above in Section VIII.D. A buffer to residential uses is required
along the portion of the east boundary that abuts the apartments. The plat currently depicts a 20-foot
wide buffer along the entire length of the east boundary; this should be revised to only reflect the buffer
in the area that abuts residential uses.
Waterways: The Hunter Lateral exists along the east boundary of the subdivision. This waterway is
piped and lies within a 20-foot wide Nampa Meridian Irrigation District easement.
Existing Structures: There are no existing structures on this site.
CONDITIONAL USE PERMIT (CUP): A CUP is proposed for Fast Eddy's consisting of a convenience
store (5,800 square feet), fuel sales facility, vehicle washing/detail facility (10,720 square feet), quick
lube (2,740 square feet), and drive-through in a proposed C-C zoning district. Fast Eddy's is proposed
to be located on two future lots in the proposed subdivision consisting of 3.83 acres. All of the proposed
uses are principally permitted in the C-C zoning district except for the drive through which requires
CUP approval. The DA currently in effect also requires CUP approval of all future uses and
development on the site. Therefore, the CUP is for approval of the entire Fast Eddy's site, not only the
drive-through.
Dimensional Standards: Staff has reviewed the proposed site plan for compliance with the applicable
dimensional standards of the proposed C-C zoning district listed in UDC Table 11-2B-3. Based on
this analysis, the site plan shall be revised as follows:
• Where parking stalls abut a sidewalk or required landscape area and no wheel stops are
proposed, the sidewalk or landscape buffer shall be widened two feet (2') beyond the required
amount to allow for vehicle overhang beyond the designated parking dimensions in accord
with UDC 11-3C-SB4. The parking stall dimensions may be reduced two feet (2') in length if
two feet (2') is added to the width of the sidewalk or landscaped area planted in ground
cover.
Specific Use Standards: Several of the proposed uses on the site have specific use standards for
development listed in UDC 11-4-3 as follows:
- Drive-Through Establishment: The applicant has indicated that the proposed drive-through is
intended to only serve patrons of the convenience store but may possibly serve a restaurant use
in the future. 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 is shown on the site plan; however, the speaker
and window locations are not depicted on the site plan; these items should be included on a
revised site plan submitted with the Certificate of Zoning Compliance (CZC) application.
PAGE 8
EXHIBIT A
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 south east side of the proposed
convenience store. Staff believes there is sufficient stacking capacity for the proposed
drive-through use and will not obstruct the adjacent driveway.
C. The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking. The stacking lane is separate from the circulation lanes needed for access and
parking on the site thus complying with this requirement.
D. The stacking lane shall not be located within ten feet (10') of any residential district or
existing residence. The proposed stacking lane is not within 10' of a residential district or
residence; the closest residence is approximately 140 feet (140) from the stacking lane.
E. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape
lane. The proposed site plan depicts a stacking lane greater than 100 feet in length and no
escape lane is proposed,• an escape lane should be included on a revised plan submitted
with the CZC application.
F. A letter from the Transportation Authority indicating the site plan is in compliance with the
authority's standards and policies shall be required. A report has not yet been received from
ACHD on this application.
- 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. The proposed fuel sales
facility does not occupy more than 2S% of the property; it occupies approximately 3.5% of
the site.
B. The total height of any overhead canopy or weather protection device shall not exceed
twenty feet (20'). The elevation for the fuel canopy shown in Exhibit A. 7 complies with the
building height requirements as determined by the Building Department.
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 that do not obstruct the public right-of--way. Further, the
stacking area is not located within 10 feet of a residential district.
D. If the use is unattended, the standards in accord with Section 11-3A-16 of this Title shall
also apply. The use will be attended by employees in the convenience store during business
hours. After hours, the following standards apply:
- Self-Service Uses: Any unattended, self-service uses, including, but not limited to,
Laundromats, automatic teller machines (ATMs), vehicle washing facilities, fuel sales
facilities, and storage facilities, shall comply with the following requirements. The
Meridian Police Chief or designee may approve alternative standards where it is
determined that a similar or greater level of security is provided.
A. Entrance or view of the self-service facility shall be open to the public street or to
adjoining businesses and shall have low impact security lighting. The fuel islands
are visible from Overland Road. Lighting for the fueling area shall be low impact
security lighting.
PAGE 9
EXHIBIT A
B. Financial transaction areas shall be oriented to and visible from an area that
receives a high volume of traffic, such as a collector or arterial street. Fuel pumps
are visible from Overland Road.
C. Landscape shrubbery shall be limited to no more than three feet (3') in height
between entrances and financial transaction areas and the public street. The
applicant shall comply with this requirement.
- 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:
1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right of way by patrons. Staff is of the opinion there is suj~cient capacity within
the stacking lanes to prevent obstruction of the public right of way.
2. The stacking lane shall be a separate lane from the circulation lanes needed for
access and parking. The site plan depicts three stacking lanes for the car wash
which are separate from the circulation lanes needed for access and parking.
3. The stacking lane shall not be located within ten feet (10') of any residential
district or existing residence. Stacking lanes are not within 10 feet of a residential
district; the closest residence is approximately 160 feet (160') from the stacking
lane.
4. A letter from the transportation authority indicating the site plan is in compliance
with the highway district standards and policies shall be required. Comments
have not yet been received from ACHD on this application.
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 non-passenger
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. There is not a residential district within 100 feet of the
proposed use; however, there is an assisted living facility across Overland to the west of
the carwash just outside the 100'. Because the applicant states the carwash, which includes
vacuums, will not operate beyond 10 pm, staff recommends a provision be included in the
DA that restricts hours of operation to those proposed by the applicant.
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.
Hours of Operation: The hours of operation of the proposed convenience store will be seven days a
week from 5:30 am until 12:00 am. The applicant states the quick Tube & full serve car wash should be
closed by 7 pm at the latest and the express car wash should be closed by 9 pm in the winter and 10 pm
in the summer at the latest. These uses would not open before 7 am. Because there are residential uses
(assisted living facility) to the west of the carwash, staff recommends the hours of operation of the
carwash (including vacuums) be limited to 10 pm.
PAGE 10
EXHIBIT A
Parking: Off-street vehicle parking is proposed on the site plan in accord with the standards listed in
UDC 11-3C-6B. UDC 11-3C-6G requires two bicycle parking spaces to be provided based on the
number of parking spaces provided. See Section VIII.E above.
Meridian Pathways Master Plan: There are no pathways designated in the City's Master Pathways
Plan for this site.
Fencing: No fencing is proposed with this application. Any and all fencing constructed on the site
should comply with the standards listed in UDC 11-3A-7. Where perimeter fencing does not exist and
is not proposed, temporary construction fencing to contain debris should be installed around the site
prior to issuance of building permits.
Landscaping: Parking lot landscaping is required to be provided internally on the site in accord with
the standards listed in UDC 11-3B-8C. A buffer to residential uses is required in accord with the
standards listed in UDC 11-3B-9C where applicable.
Staff has reviewed the landscape plan submitted with the CUP application for compliance with the
above noted standards. The revised landscape plan shall incorporate the following revisions:
The Hunter Lateral is tiled and runs along the east boundary of the site. If Nampa Meridian
Irrigation District (NMID) will not allow trees within their easement an additional 5 feet of
landscaping should be provided outside of the easement per UDC 11-3B-SJ.2 and landscaped
in accord with the standards listed in UDC 11-3B-9C. The applicant may request approval of
alternative compliance in accord with UDC 11-SB-S.
Planter islands are required at the end of rows of parking and are required to be landscaped
with at least one tree and shall be covered with low shrubs, lawn, or other vegetative
groundcover, in accord with UDC 11-3B-8C.
• Where parking stalls abut a required landscape area and no wheel stops are proposed, the
landscape buffer shall be widened two feet (2') beyond the required amount to allow for
vehicle overhang beyond the designated parking dimensions in accord with UDC 11-3C-SB4.
Note: The revised plan submitted by the applicant appears to be printed at the wrong scale. This
should be rectified on the revised plans submitted with the CZC application.
Building Elevations: The applicant has submitted building elevations for the convenience store and
fuel canopy which are included in Exhibits A.6 & A.7.
Building materials for the c-store consist of stucco (3 colors) with cultured stone veneer wainscot,
composite wood lapped shingle siding accents and metal roofing on portions of the roof. Fabric
awnings are proposed over some of the doors and windows.
The applicant states the fuel canopy will have a beige stucco finished cornice to match the c-store and
the lower portion will consist of the standard metal canopy for Chevron as shown in Exhibit A.7. The
applicant has submitted two different elevations as options for the fuel canopy; one shows a 12-inch
(12") tall cornice and the other a three foot (3') tall cornice. Staff approves of the elevation with the
12" cornice. However, we encourage the applicant to research if the taller three-foot cornice is
feasible based on the mechanics of construction and elevation based on the height and configuration of
the structure. If the taller cornice turns out to be a workable option and the better-looking option, we
will consider the revised elevation as part of the CZC. (We will not require a new design review
application).
PAGE 11
EXHIBIT A
The applicant states the carwash will be constructed to match the proposed architectural design and
building materials as the c-store. However, elevations have not been submitted with this application
and will require DES review approval in the future with the CZC.
Certificate of Zoning Compliance (CZC): Per UDC 11-SB-1B, a CZC application is required to be
submitted for the site and each of the proposed structures, prior to submittal for building permits.
DESIGN REVIEW (DES): Administrative design review is required for all new commercial development
per UDC 11-SB-8 in accord with the standards listed in UDC 11-3A-19 and the guidelines for
urban/suburban developments listed in the City's Design Manual.
The applicant requests DES approval of the site and proposed convenience store and fuel canopy
structure with this application. Staff has reviewed the design standards listed in UDC 11-3A-19 and
found the site and proposed structures to be in general compliance with all standards and guidelines.
Note: The S foot wide pedestrian walkways from the perimeter sidewalks to the main building entrances
are required to be distinguished from the vehicular driving surfaces through the use of pavers, colored
or scored concrete, or bricks. The site plan currently shows a raised crosswalk.
The portion of the site where the carwash and quick Tube are proposed will require separate DES
approval as will all future structures on the remainder of the site upon development.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. Preliminary Plat (dated: 10/27/10) -Somerton Subdivision
3. Landscape Plan (dated: 9/1/10) -Somerton Subdivision
4. Site Plan (Revised) -Fast Eddy's
5. Landscape Plan (Revised) (dated: 10/29/10) -Fast Eddy's
6. Building Elevations & Floor Plan (dated: 9/23/10) -Fast Eddy's Convenience Store
7. Gas Canopy Elevations -Fast Eddy's
B. Agency Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Rezone
D. Required Findings from Unified Development Code
PAGE 12
EXHIBIT A
Exhibit A.I: Vicinity/Zoning Map & Aerial Map
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PAGE 13
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EXHIBIT A
Exhibit A.2: Preliminary Plat (dated: 10/27/10) - Somerton Subdivision
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PAGE 14
EXHIBIT A
Exhibit A.3: Landscape Plan (dated: 9/1/10) - Somerton Subdivision
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PAGE 15
EXHIBIT A
Exhibit A.4: Site Plan (Revised) -Fast Eddy's
PAGE 16
NEW FAST EDDY'S GAS & CAR WASH CONCEPTUAL LAYOUT - NO. 3 REVISED
SCALE 1"= 20' DESIGN BY: CAR-WASH-ARCHITECT.COM
EXHIBIT A
Exhibit A.S: Landscape Plan (Revised) (dated: 10/29/10) -Fast Eddy's
i . LANDSCAPE PLANTING PLAN
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PAGE 17
6. PLANTING MATERIAL
EXHIBIT A
Exhibit A.6: Building Elevations & Floor Plan (dated: 9/23/10) -Fast Eddy's Convenience Store
& Carwash
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PAGE 19
EXHIBIT A
Exhibit A.7 -Gas Canopy Elevations -Fast Eddy's
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PAGE 20
- srwaws~
EXHIBIT A
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ELEVATION
KEYNOTES, CARWASH ~ ~_ '~
t.j CONCRETE DRAINAGE APRON AT APPROACH AND DEPARTURE (TYPICAtj.
z.j CONCRETE DRAINAGE APRON SLOPED TO CATCH BASINS AND
SAND AND GREASE INTERCEPTOR TANKS. EXTEND TO SEWER SYSTEM (TYPICAL),
3.) 26 GAUGE FACTORY FINISHED STANDING-SEAM METAL ROOFING SYSTEM
MATERIAL; MBd METAL ROOF AND WALL SYSTEMS, COLOR; SIGNATURE 300
STANDARD COLORS; 'MEDIUM BRONZE' 5R .33 5Rt 36 (TYPKALj.
4.) FACTORY-FINISHED METAL FASCIA AND SOFFfT. MATCH ROOFING COLOR. (TYPICAL).
5.j CON3IN000S FACTORY FINISHED METAL GUTTER WITH DOWNSPOUTS
TERMINATING AT OPEN HU8 DRAINS TO UNDERGROUND SITE
DRAINAGE SYSTEM. MATCH ROOFING AND FASCIA COLOR. (MICAL).
ti.) 8° SPLIT-FACE CONCRETE MASONRY UNIT (CMUj WALLS.
PRIME AND AAINT, (TYPICAL),
7.j AUTOMATIC CARWASH DOOR. (TYPICAL).
B.) CONCRETE FILLED PIPE BOLLARDS. PRIME AND PAINT. (TYPICAL).
9.j G.1. HOLLOW METAL DOOR AND FRAME. PRIME AND PAINT. ('iYPICAtj.
t O.j t X 6 EMBOSSED WOOD GRAIN COMPOSITE WOOD TRIM. PRIME AND PAINT. (TYPICAL).
1 t.j COMPOSITE WOOD LAPPED SHINGLE SIDING. PRIME AND PAINT. (TYPICAL).
I2.j WOOD OUTLOOKER BEAMS AND BRACKETS. SEMFTRANSPARENTSTMN. (TYPICAL),
I3.j G. 1, OR ALUMINUM METAL STEPS AND WORK PLATFORM. (TYPICAL)
I4.) PAINTED TRAFFIC STRIPPING. (TYPICAL]
15.j CARWASH PAY-CENTER/ CONTROLS. (TYPKALj.
16.j StGNAGE BY SEPARATE PERMIT (TYPICAL).
I7.j CHEVRON STANDARD IMAGE CANOPY, FASCIA AND GRAPHICS (BY OTHERS).
18.) CHEVRON STANDARD IMAGE MPO, VALET AND DI5PPLAY CABINET (BY OTHERS).
} 9.i CHEVRON STANDARD IMAGE tLLLIMtNATED SPANNERS {t3Y OTHERS j,
20.j RAISED PUMP BLOCKS (BY OTHERS).
2I.) CHEVRON CLADDING OVER STRUCTURAL TUBE STEEL COLUMN.
22.j STUCCO FINISHED CORNK:E TO MATCH BUILDING DETAIL AND COLOR.
Z3.j PAINTED METAL COPING CAP SYSTEM.
PAGE 21
EXHIBIT A
PAGE 22
EXHIBIT A
B. Agency Comments/Conditions of Approval
On October 13, 2010, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Public Works Department, Meridian Parks
Department, Meridian Police Department, and Sanitary Service Company. Staff has included all
comments and recommended actions below.
1. PLANNING DEPARTMENT
1.1 REZONE
1.1.1 The legal description and exhibit map for the proposed rezone submitted with the application
(stamped on October 1, 2010, by Michael Marks, 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 entered into 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 to initiate this process. 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 be signed
by the property owner and returned to the city within one year of the City Council granting the
rezone. Development of this property shall only be subject to this DA and not the current and
amended DA for Resolution Business Park. The DA shall, at minimum, incorporate the
following provisions:
a. Development of this site shall be consistent with the site plan, landscape plan, and
building elevations included in Exhibit A. The building elevations for the carwash and
quick lube planned for the Fast Eddy's site shall be consistent with the convenience store
in design and building materials.
b. Sete-ae~ess~e~#e-evzra'~sit~`~l~-~1-o~ded . ~ u.,f~^ ctree~-a-legal st~eet~
aFEerd-v~~ith~3B~1~-3~r~~l~ss-0the~w~ise~ed~C~C~~c-il. City Council
a proved a waiver to U_ DC 11-3A-3 to allo_w_the access points depicted on the plat
to/from Locust Grove & Overland Roads.
c. A Certificate of Zoning Compliance (CZC) application is required to be submitted for all
fixture structures on the site in accord with UDC 11-SB-1.
d. An Administrative Design Review application is required to be submitted concurrently
with the CZC application for all future structures on the site in accord with UDC 11-SB-
8B. As applicable, the site and structures shall comply with the standards listed in UDC
11-3A-19 and the guidelines contained in the City's Design Manual. Note: The
convenience store & fuel facility for Fast Eddy's was approved with CUP-10-011 & DES-
10-044.
1.2 PRELIMINARY PLAT
1.2.1 The preliminary plat, dated 10/27/10 submitted with this application included in Exhibit A.2 shall
be revised as follows:
a. An easement providing cross access to the office development to the east is required for future
interconnectivity and shall be depicted on the face of the plat.
b. ,
.ea i... r:«.. r~,..,,,a
PAGE 23
EXHIBIT A
c. The plat currently depicts a 20-foot wide easement for a landscape buffer along the entire
length of the eastern boundary of the site; the buffer is only required adjacent to residential
uses, per UDC Table 11-2B-3.
d. Where sidewalks are located on the subject property and not within the right-of--way, a public
use easement shall be dedicated on the face of the plat.
1.2.2 In areas where fencing does not exist and is not proposed, temporary construction fencing to
contain debris shall be installed around the perimeter. Perimeter, common open space, and micro-
path fencing shall be designed according to UDC 11-3A-7.
1.2.3 The existing curb cut depicted on the plat as closed shall be removed and a sidewalk and
landscaping shall be installed in the area as shown on the landscape plan.
1.2.4 The landscape plan shall be revised to reflect the same configuration of the revised plat (i.e. curb
cut locations).
1.3 CONDITIONAL USE PERMIT
1.3.1 The revised site plan submitted with this application included in Exhibit A.4 shall be revised as
follows and submitted with the Certificate of Zoning Compliance application:
a. A bicycle rack capable of holding at least two bicycles shall be installed on the site in accord
with the standards listed in UDC 11-3C-SC.
b. The menu, speaker, and window locations (if applicable) for the drive through shall be included
on the site plan as required by UDC 11-4-3-11B.
c. Because the stacking lane for the drive through exceeds one hundred feet (100') in length, an
escape lane is required per UDC 11-4-3-11.
d. Where parking stalls abut a sidewalk or required landscape area and no wheel stops are
proposed, the sidewalk or landscape buffer shall be widened two feet (2') beyond the required
amount to allow for vehicle overhang beyond the designated parking dimensions in accord
with UDC 11-3C-SB4. The parking stall dimensions may be reduced two feet (2') in length if
two feet (2') is added to the width of the sidewalk or landscaped area planted in ground
cover.
e. The 5-foot wide pedestrian walkways from the perimeter sidewalks to the main building
entrances are required to be distinguished from the vehicular driving surfaces through the use
of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-19A.4b.
1.3.2 The landscape plan included in Exhibit A.5 shall be revised as follows:
If Nampa Meridian Irrigation District (NMID) will not allow trees within their easement for
the Hunter Lateral, an additional 5 feet of landscaping shall be provided outside of the
easement per UDC 11-3B-SJ.2 and landscaped in accord with the standards listed in UDC 11-
3B-8C and 11-3B-9C. The applicant may request approval of alternative compliance in
accord with UDC 11-SB-S.
b. Planter islands are required at the end of rows of parking and are required to be landscaped
with at least one tree and shall be covered with low shrubs, lawn, or other vegetative
groundcover, in accord with UDC 11-3B-8C.
Where parking stalls abut a required landscape area and no wheel stops are proposed, the
landscape buffer shall be widened two feet (2') beyond the required amount to allow for
vehicle overhang beyond the designated parking dimensions in accord with UDC 11-3C-SB4.
PAGE 24
EXHIBIT A
1.3.3 The applicant shall comply with the specific use standards for drive through establishments listed in
UDC 11-4-3-11.
1.3.4 The applicant shall comply with the specific use standards for fuel sales facilities listed in UDC 11-
4-3-20.
1.3.5 The applicant shall comply with the specific use standards for vehicle washing facilities listed in
UDC 11-4-3-39.
1.3.6 Where perimeter fencing does not exist and is not proposed, temporary construction fencing to
contain debris should be installed prior to issuance of building permits for this site.
1.3.7 The carwash, including the vacuums, shall not operate beyond 10 pm due to the residential use
(assisted living facility) to the west of the site across Overland Road.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in East
Overland Road. Sanitary sewer to this site is master planned to be served from S Locust Grove
Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of easements
for any mains that are required tq 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. No Mains
shall be located within landscaping buffers of islands.
2.2 Water service to this site will be via extension of mains in S Locust Grove Road and E Overland
Road. The applicant shall be responsible to install two water connections from S Locust Grove
Road and E Overland Road due to fire flow requirements. 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). The easements shall not be dedicated via the
plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description, which must include the
area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional
Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by
the City Engineer.
2.6 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
PAGE 25
EXHIBIT A
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.
2.7 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.
2.8 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.
2.9 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 and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.10 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 signature on the
final plat.
2.11 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.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.15 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.
The design engineer shall provide certification that the facilities have been installed in accordance
with the approved design plans. This certification will be required before a certificate of occupancy
is issued for any structures within the project.
2.17 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.
2.18 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.
2.19 100 Watt and 250 Watt, high-pressure sodium streetlights shall be required per the City of Meridian
Department of Public Works, Improvement Standards for Street Lighting. All streetlights 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.
PAGE 26
EXHIBIT A
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 in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 'h" outlet face the main street or parking lot drive aisle.
b. Fire hydrants 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 placed 18" above finished grade to the center of the 4 ''/z" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4. This requirement also applies to the shared
access driveway to the east.
3.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
3.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site, as
set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.6 Commercial and office occupancies will require afire-flow consistent with International Fire Code
Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
3.7 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and
is placed in a position that is plainly legible and visible from the street or road fronting the property, as
set forth in International Fire Code Section 505.1. Note: If Council does not grant a waiver for access
to Overland Road, there may be an issue with addressing the property.
3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction
is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an
approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be
provided where required by the code official as set forth in International Fire Code Section 508.5.1. For
buildings equipped throughout with an approved automatic sprinkler system installed in accordance
with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).
3.9 Emergency response routes and fire lanes shall not be allowed to have speed bumps as set forth in
International Fire Code Section 503.4. & National Fire Protection Standard 1141, Section 5.2.18.
4. POLICE DEPARTMENT
4.1 The Police Department is not supportive of any access driveways to Locust Grove within 440 feet
of the Locust Grove/Overland intersection.
PAGE 27
EXHIBIT A
5. SANITARY SERVICES
5.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of Meridian
Planning Department, the applicant shall submit a scaled site plan and detail of the trash enclosure to
Doug Mason, SSC (888-3999) that demonstrates compliance with the following items:
a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle back-
up requirement)J;
b. Sufficient overhead clearance height for service vehicles (a minimum 13' clearance is required,
including power and telecommunication lines; this requirement increases to 22' at container
service locations);
c. Ample number and size of waste receptacles/enclosures to meet waste generation points and
volumes;
d. Adequate waste enclosure access (the applicant shall provide drive-on capability for 6 and 8
cubic yard containers; allow a minimum of 60' frontal clearance);
e. Adequate turning radius (provide a minimum 28' inside and 48' outside for all entrances,
internal roads, drive aisles, alleys, and private streets where they intersect a public street);
£ Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around.
g. Meets design standards for waste enclosure(s):
i. Concrete pad for the waste enclosure (required for all enclosures);
ii. Concrete apron in front of waste enclosure (minimum 8' in depth)
iii. Gate locks for the waste enclosure for both open and closed positions;
iv. Clearance inside waste enclosure gates (minimum 12' x 10' when in open position) Note: If
building tenant wishes to recycle, please contact Doug Mason, SSC at 888-3999 for
minimum dimensional requirements;
v. Bollards inside the enclosure to prevent the container from damaging the walls and gates;
vi. Waste enclosure user access (When possible, the enclosure should be designed with an easy
pedestrian access point other than the front gates to ensure less mess within the enclosure
as well as reduce gate damage);
6. ADA COUNTY HIGHWAY DISTRICT
6.1 Site Specific Conditions of Approval
6.1.1 Dedicate 62-feet ofright-of--way from the centerline of Overland Road abutting the site. The right-
of-way purchase and sale agreement and deed must be completed and signed by the applicant prior
to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a
building permit (or other required permits), whichever occurs first. Allow up to 30 business days to
process the right-of--way dedication after receipt of all requested material. The District will
purchase the right-of--way which is in addition to existing right-of--way from available Corridor
Preservation Funds.
OR
Provide the District with sufficient sidewalk easement so as to tota162-feet from centerline of
Overland Road when combined with the existing right-of--way.
PAGE 28
EXHIBIT A
6.1.2 Construct aright-turn lane on eastbound Overland Road at the intersection of the western driveway,
as proposed. The right-turn lane shall be 220-feet in length, 170-feet of which shall be tapered and
50-feet to be used for storage, as proposed.
6.1.3 Construct a 30-foot wide driveway on Overland Road, located 250-feet east of the intersection of
Overland Road and Locust Grove Road, as proposed. Pave the driveway its full-width at least 30-
feet into the site beyond the edge of pavement.
6.1.4 Close the existing 30-foot wide driveway on Overland Road located 190-feet east of the
intersection of Overland Road/Locust Grove Road with vertical curb, gutter, and 7-foot wide
attached sidewalk, as proposed. Pave the driveway it's full width at least 30-feet into the site
beyond the edge of pavement.
6.1.5 Construct one 40-foot wide driveway located 470-feet east of the intersection of Overland Road and
Locust Grove Road, as proposed. Pave the driveway its full-width at least 30-feet into the site
beyond the edge of pavement.
6.1.6 Close the existing 40-foot wide driveway located 450-feet east of the intersection of Overland Road
and Locust Grove Road with vertical curb, gutter, and 7-foot wide attached sidewalk, as proposed.
6.1.7 Dedicate an additional 12-foot of right-of--way to tota166-feet ofright-of--way for the first 200-feet
south of the Locust Grove/Overland Road intersection tapering to 50-feet ofright-of--way, measured
from the centerline of Locust Grove Road abutting the site. The right-of--way purchase and sale
agreement and deed must be completed and signed by the applicant prior to scheduling the fmal
plat for signature by the ACRD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way
dedication after receipt of all requested material. The District will purchase the right-of--way which
is in addition to existing right-of--way from available Corridor Preservation Funds.
OR
Provide the District with sufficient sidewalk easement so as to tota166-feet from centerline of
Locust Grove Road for the first 200-feet south of the Overland/Locust Grove intersection tapering
to 50-feet when combined with the existing right-of--way.
6.1.8 Replace the existing driveway on Locust Grove Road, located 175-feet south of the intersection of
Locust Grove Road and Overland Road, with vertical curb, gutter and 5-foot wide detached
sidewalk, as proposed.
6.1.9 Construct a 36-foot wide driveway on Locust Grove Road, located 545-feet south of the
intersection of Locust Grove Road and Overland Road, aligned centerline to centerline with
Peacock Street, as proposed. Pave the driveway its full-width at least 30-feet into the site beyond
the edge of pavement.
6.1.10 Construct a 5-foot wide concrete sidewalk located a minimum of 36-feet from the centerline of
Locust Grove Road, as proposed. The sidewalk shall begin at the intersection of Locust Grove
Road and Peacock Street and run 280-feet south to the intersection of Locust Grove Road and
Puffin Street, abutting the site. Provide a sidewalk easement for any segment of the sidewalk
located outside of the right-of--way.
6.1.11 Construct a 5-foot wide concrete sidewalk located a minimum of 18-feet from the centerline of
Puffin Street abutting the site. Provide a sidewalk easement for any segment of the sidewalk
located outside of the right-of--way.
6.1.12 Other than the access specifically approved with this application, direct lot access is prohibited to
Overland Road and Locust Grove Road.
6.1.13 Comply with all Standard Conditions of Approval.
PAGE 29
EXHIBIT A
6.2 Standard Conditions of Approval
6.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way.
6.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-of-
way.
6.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current Americans
with Disabilities Act (ADA) requirements. The applicant's engineer should provide
documentation of ADA compliance to District Development Review staff for review.
6.2.4 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.
6.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of--way or easement areas.
6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
6.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way.
The applicant at no cost to ACRD 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.
6.2.8 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.
6.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
6.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
6.2.11 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 ACHD. The burden shall be upon the applicant to obtain written
confirmation of any change from ACRD.
6.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall
require the applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless awaiver/variance of the requirements or other legal relief is granted
by the ACRD Commission.
7. PARKS DEPARTMENT
7.1 The Parks Department had no comments on this application.
PAGE 30
EXHIBIT A
C. Legal Description and Exhibit Map for Proposed Rezone
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EXHIBIT A
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PAGE 32
EXHIBIT A
D. Required Findings from Unified Development Code
1. REZONE:
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 City Council
finds that the proposed map amendment is consistent with the future land use map
designation of Commercial for this site. Therefore, the City Council finds the amendment
does comply 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 City Council finds that the proposed map amendment to the C-C zoning district and
development of a convenience store, fuel sales facility, carwash, quick Tube, and future uses
as allowed in the C-C district on this property is consistent with the purpose statement of the
commercial districts in that it provides for a wide variety of commercial and multi-family
residential opportunities consistent with the comprehensive plan.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
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 City 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. However, as noted previously, the City Council fmds the proposed rezone is in
the best interest of the City.
2. PRELIMINARY PLAT:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the
Staff Report for more information.
PAGE 33
EXHIBIT A
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services are currently available to the subject property.
(See Exhibit B of the Staff Report for more details from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, the City Council finds that the subdivisions will not require the expenditure of capital
improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The City Council finds there is public financial capability of supporting services for the
proposed development.
e. The development will not be detrimental to the public health, safety or general welfare;
and
The City Council is not aware of any health, safety, or environmental problems associated
with the development of this subdivision that would be detrimental to the public. ACHD
considers road safety issues in their analysis.
3. CONDITIONAL USE PERMIT:
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 City 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 Specific Use
Standards for the drive through, fuel sales facility, and vehicle washing facility.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed use is harmonious with the objectives of the
Comprehensive Plan and the UDC.
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 City 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.
EXHIBIT A
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 City 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 City 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 City 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 highway 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 City 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 City Council recognizes the fact that traffic and noise will increase with the approval of
this development; however, the City 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 City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural feature(s) of major importance.