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Fred Meyer Fuel Faciltiy Expansion MCU-10-003 DES-10-047CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF E IDR IAN-' LAW AND ~`=~ DECISION & ORDE In the Matter of a Modification to the Conditional Use Permit for Changes to the Site Plan, Landscape Plan and Fuel Canopy Approved for the Fred Meyer Fuel Facility (CUP-O1- 005) Located at 1850 E. Fairview Avenue, by Fred Meyer Stores, Inc. Case No(s). MCU-10-003 and DES-10-047 For the Planning and Zoning Commission Hearing Date of: December 16, 2010 (Findings on January 6, 2011) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 16, 2010, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 16, 2010, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 16, 2010, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 16, 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 Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU-10-003 and DES-10-047 Page I 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of December 16, 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 Planning & Zoning Commission's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for modification to the Conditional User Permit as evidenced by having submitted the Site Plan, Landscape Plan, and Building Elevations attached in Exhibit A of the staff report dated December 16, 2010, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 16, 2010, incorporated by reference. D. Notice of Applicable Time Limits 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.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) year 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU-10-003 and DES-IO-047 Page 2 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 16, 2010. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU-10-003 and DES-10-047 Page 3 By action of the Planning & Zoning Commission at its regular meeting held on the day of t,t~4.-"l, , 201 COMMISSIONER MICHAEL ROHM (Chair) COMMISSIONER SCOTT FREEMAN C COMMISSIONER TOM O'BRIEN COMMISSIONER JOE MARSHALL Attest: f ./ ~1 Ja ee ,Hol C rk ,~ °~ ~ tl- :``~ U k ~~' .~,.. ,~~. 'wry C~s ~J ~ T,~ .~G a ,~ a +~a ~ /S~ 1st O '~ Q~ n Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: ~ ~~~~~, v~ Dated: City Clerk's Office 7-~/ CITY OF MERIDIAN FINDINGS OF FACT,, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU-10-003 and DES-10-047 VOTED__~Z~~CL VOTED__ ~~~ VOTED- ~~~CLf~I,'~ VOTED__~ (~ VOTED__ l~ Page 4 STAFF REPORT Hearing Date: December 16, 2010 TO: Planning & Zoning Commission FROM: Bill Parsons, Associate City Planner (208) 884-5533 E IDIAN~- IDAHO SUBJECT: MCU-10-003 and DES-10-047 -Fred Meyer Fuel Facility Expansion I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Fred Meyer Stores, Inc. is requesting a modification to the site plan, the landscape plan and the fuel canopy approved for the Fred Meyer Fuel Station conditional use permit (CUP-O1- 005). The proposed expansion includes adding two (2) new multi-product dispensers, the extension of the fuel canopy, removal of 54 parking stalls and installation of four (4) new landscape planter islands to replace the existing planters proposed for demolition. Due to the number of proposed site modifications, administrative design review is also requested in conjunction with the subject MCU application. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MCU with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission heard this item on December 16, 2010. At the public hearing, the Commission approved MCU-10-003 and DES-10-047. a. Summary of Commission Public Hearing: i. In favor• None ii. In opposition: None iii. Commenting: Bob McNeill iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. None c. Kev Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MCU- 10-003 and DES-10-047 (Optional), as presented in the staff report for the hearing date of December 16, 2010, with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on January 6, 2011. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MCU-10- 003 and DES-10-047 (Optional), as presented during the hearing on December 16, 2010, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate fmdings Fred Meyer Fuel Facility Expansion Page 1 document to be considered at the next Planning and Zoning Commission hearing on January 6, 2011. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number MCU- 10-003 to 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 northeast corner of N. Locust Grove Road and E. Fairview Avenue at 1850 E. Fairview Avenue, in the southwest '/ of Section 5, Township 3 North, Range 1 East. B. Applicant/Owner: Fred Meyer Stores, Inc. 3800 S.E. 22°d Avenue Portland, OR 97202 C. Representative: Robert McNeill, Barghausen Consulting Engineers, Inc. 18215 72°a Avenue South Kent, WA 98032 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a modification to an approved conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 29, and December 13, 2010 C. Notices mailed to subject property owners on: November 24, 2010 D. Applicant posted notice on site(s) on: December 6, 2010 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is zoned C-G, consists of 15.46 acres, and contains a Fred Meyer retail store and the existing fuel facility. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The general area surrounding the existing fuel facility consists of commercial retail, professional services, bank, restaurant and storage unit facility uses and is zoned C-G. 1. North: Fred Meyer retail store, zoned C-G 2. East: Multi-tenant building, zoned C-G 3. South: Commercial uses, zoned C-G 4. West: Bank and Restaurant, zoned C-G Fred Meyer Fuel Facility Expansion Page 2 C. History of Previous Actions: • A Fred Meyer retail store has existed on this site for quite some time. The site was annexed and platted in 1995. • A Conditional Use Permit (CUP-00-041) for a fuel sales facility for Fred Meyer was denied in 2000. • A Conditional Use Permit (CUP-O1-005) fora 3,612 square foot fuel sales facility, five (5) multi-product dispensers, cashier's kiosk and parking lot improvements for Fred Meyer was approved in 2001. A Certificate of Zoning Compliance (CZC-01-006) was also approved for the structure and use in 2001. • A Certificate of Zoning Compliance (CZC-07-259) was approved in 2007 for the addition of a 1,742 square foot merchandise pick-up area; conversion of a portion of the existing outdoor sales area consisting of 4,700 square feet that is under the main building roof into interior sales floor area; and fenced outdoor storage area consisting of 9,992 square feet. • A Conditional Use Permit (CUP-08-007) for adrive-through pharmacy within 300 feet of two other drive-through facilities was approved in 2008 on the south side of the east end of the Fred Meyer building, but was never constructed. • In 2009, a conditional use permit (CUP-09-009) was approved for adrive-through Pharmacy located near the west entrance of the retail store. This drive-through is now functioning on the site. D. Utilities: 1. Public Works a. Location of sewer: No new services will need to be installed. b. Location of water: No new services will need to be installed. C. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways that run through the subject property. 2. Hazards: No hazards are known to exist on the site. Flood Plain: This property does not lie within a flood plain. F. Access: Access to the Fred Meyer site is provided via E. Fairview Avenue and N. Locust Grove Road. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial." In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff finds that the request generally conforms to this stated purpose and intent of the commercial designation within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N, Objective D, Action item 2) Fred Meyer Fuel Facility Expansion Page 3 No new access points are proposed or approved with this application. The existing fuel facility is accessed internally within the site and primarily from the existing access points on E. Fairview Avenue. Further, the proposed expansion is on the west side of the facility and should not impact the vehicular traffic entering and exiting onto Fairview Avenue. To minimize internal congestion, the applicant's plans include the removal of 54 parking stalls and the reconfiguration of the parking lot and drive aisles to 1) improve internal circulation adjacent to the expanded fuel facility and 2) improve queuing at the fuel facility. Staff believes that the expansion of the existing use is consistent with the Comprehensive Plan and is compatible with the existing surrounding uses. VIII. UNIFIED DEVELOPMENT CODE A. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Fuel Sales Facilities are principally permitted uses in the C-G zoning district. Additionally, the applicant must comply with the specific use standards listed in UDC 11-4-3-20 for the fuel sales facility. The subject fuel facility was required to receive CUP approval per the recorded development agreement. Expansion of the facility requires the existing CUP be modified to increase the number of fueling stations and commence with the proposed site improvements. B. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses which are customarily operated or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services, as well as retail sales for the transient and permanent motoring public. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant is requesting to modify the original CUP approved for the Fred Meyer fuel facility. The site was approved to operate and construct a 3,612 square foot fuel sales facility, five (5) multi-product dispensers, cashier's kiosk and parking lot improvements as an accessory use to the Fred Meyer retail store (see Exhibit A.2). The proposed expansion includes the addition of two (2) new multi-product dispensers, the extension of the fuel canopy, removal of 54 parking stalls and installation of four (4) new landscape planters to replace the six (6) proposed for demolition. 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 fuel facility area is less than 2S percent of the subject property. B. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). The existing canopy complies with the 20 foot height requirement. The height of the expanded canopy will match the existing canopy. 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 Fred Meyer Fuel Facility Expansion Page 4 access and parking. The stacking lanes shall not be located within ten feet (10') of any abutting residential districts. See site plan analysis below. D. If the use is unattended, the standards in accord with Section 11-3A-16 of this Title shall also apply. The approved conditional use permit limits the hours of operation of the fuel facility between 6 a.m: and 11 p.m. In addition, a kiosk is provided for the attendee of the fuel facility. Site Plan: The applicant has submitted a revised site plan that depicts the proposed site improvements with this application (see Exhibit A.3). The proposed expansion is planned for the west side of the existing facility. In order to facilitate the necessary circulation patterns and provide adequate queuing for vehicles, the applicant is proposing to eliminate 54 parking stalls and remove the existing planter islands to the north and west of the existing facility. The off- street parking for the site will be reduced from 850 stalls to 796 stalls. Although the off-street parking is decreasing on the site, the number of existing stalls still exceeds the amount required by the UDC. Thus, Staff is supportive of the applicant's proposal and believes it should improve internal circulation and decrease conflicts between the vehicles fueling and customers parking to shop. Landscape Plan: The applicant has submitted a revised landscape plan as well. On the submitted plan it depicts the removal of six (6) existing planter islands to facilitate the expansion of the facility. Notes on the plans state that the number of caliper inches removed from the planter islands is forty (40). To mitigate for the required trees, the applicant is proposing to plant two (2) additional 4 inch caliper trees in the buffer adjacent to E. Fairview Avenue. In addition, four (4) new planter islands are proposed to the north that will contain two (2) 4 inch caliper trees for a total of 32 caliper inches. Staff finds the applicant's tree migration in compliance with UDC 11- 3A-lOC.S. However, there is a new landscape island proposed along the east side of the 6 parking stalls that front along the E. Fairview Avenue landscape buffer. One two inch caliper is required to be planted in said buffer. The proposed planter island must be planted in accord with UDC 11-3B- 8C.2.d. Design Review: The applicant has submitted concurrent application for administrative design review. Staff has reviewed the proposed site improvements and believes the proposed modifications meet the intent of the Meridian Design Manual for the following reasons: 1) the addition of the planter islands will replace the existing landscape islands proposed for removal. The proposed landscaping will be consistent with the existing landscaping installed on the site; 2) the expanded canopy is an expansion of the existing canopy (consistent with previous approvals) and; 3) the proposed site improvements will improve internal circulation between the proposed fuel facility and adjacent parking area. Based on the above stated reasons staff is supportive of the applicant's design review request. Elevations: Attach as an Exhibit below is a photo of the existing fuel canopy. The applicant has indicated that the fuel canopy will be extended to cover the two (2) new fueling stations. Because this is an expansion of the existing canopy staff is supportive of the canopy elevations as proposed (see Exhibit A.6 and A.7) Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior to issuance of building permits, for improvements associated with the proposed fuel facility expansion. The plans submitted with the CZC shall be consistent with those shown in Exhibit A Fred Meyer Fuel Facility Expansion Page 5 and shall comply with the provisions of the UDC and conditions of approval listed in Exhibit B of this report. All improvements must be installed prior to commencement of the expanded use. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Approved Site Plan 3. Proposed Site Plan 4. Approved Landscape Plan 5. Proposed Landscape Plan 6. Existing Fuel Canopy 7. Proposed Fuel Canopy B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from the Unified Development Code Fred Meyer Fuel Facility Expansion Page 6 A. Drawings L Vicinity/Zoning Map Exhibit A - 1 - 2. Approved Site Plan SITE IbIPROVEN~NT PLAN 1 "~' - - ~ ~ ~ ~$ ~ *~ ~' R fl®IEtl91 8U 1 ni ~ i~ ~~ iA '~ ~ ~ ~ b,~_ _ _ ~~}~ ui 7j ~ 11WIfIdP I.Cfa1CI111AP ~ /'~°vs ~ °° ~~~ O~fRIC1OI GLL WIC OiATBSMLYC~'.w~~.~.N. -~.: _ / cur ®~ 87iLa _. ~ /~ w ~ ~w~w~ ~.st-r ~Y.'~~" urs. Off. oiw s ~= ~ , e r y v r ^, ~ s ~ . ae wwY~e~~.eeaw~Rwr. r ~, ~ O~mw ~s w ~^.rzr~z-- ,, r ,- ~ - _ t ,, ~~ l ,x f . , o o-~-...~.._. ®o~..~a~_._ ~ r ` `~ '~ ~ ,~ ~ " t '~ ` ~ = ~ ° © " ' ~ ~° s ";) ~ ~~,=' , ,rrRe. ~~, ~' ' ~'~Y ^ ,,, : r~ ,r ~. „ r~ % - - d. _.~,.~ ~,. a ~r,$s~sesxssm~tsas~ per. . w ~ - 1 a °~L: m'~T- ~ e:Q~, ~s ~ , . t i-- a ' Os1~ ! ,~ ,~ .~ '~ uenr ~r~ . ,: . .~.~..R na.. ,~ i ~ ~ :~rx .......«.... ®:r~~ -~.......,... ~~ _..~. _~~..~_._,....~_ _ _ - ~ -- -" arm irsai Fr~rae~E - , ____ +s°M1m~~ea~°O'A Cl OF 3 Exhibit A - 2 - 3. Proposed Site Plan DETAILED 8RE PLAN r-w ~s~ j ~ ~~ n u a~«a~ R~nc wn ^ wm ae s i+o~wr. m nwi j~MJm~ F OW11Y~w tKMI®R y ^M~~iWC r00~R /~4 AM~~p fOw~WM~mY6l~wr i m p~ll~IY.~»IIIR. ~~ t ~01~11~1CV~O6 ~~~ ~ ~~ C ~ a ~ ~ nrre~w I~rri NP~1110 CIE QOlOf110lO ~' 11~1~f'R ~~ ~~~ ~~iL~ f ~~ PARING 6iMT~11CB ans wec s OD! l11~ IM~If blR~ ~1 ApOi IODI M~10 lr ~~~ MNH /MINI{ ~ -- Exhibit A - 3 - 4. Approved landscape Plan ~,,,~,~ LANDSCAPE PLANTING PLAN fls !!rJ ~i RE'B IE1'Efl ~ ~b ~~r~ ~ ~, §~~~ a~ 1~ j a ~z ,~ ~~~, ~,~ a. .~..,. `' ~ ~ ~~ .. wsusmi ~,.. ~MRON ~...., _ . ,.~. w _.,, ~ ~ ., U of 4 Exhibit A -4- 5. Proposed Landscape Plan ~r *-r PRELIMINARY LAND6CAPE PLANTING PLAN ' ' {~ .~~ .v= o..~...R o _= _ o ~~. s e~~n s-r . ® ~ .. - . ° rs-,.~.~ ® . _.,_, ~~ ~~g~~ .w A.4 M.~F ~ ~~O~N •PA~~~ ~ ~~~ ~ ~~~ns A~~ ~~ ~YIYllO\iiyln.~Ar' ~~~"~~~~ ~~ 9S~tL~ w~aw ~~~~ ~.~.. nsiwoawoa iwoiwor~r~e .raee.n t .~ ~~ FACLITY E7~AWmON ~ ~R~i r-i `4 PL~1 PIi1.MWtY W~lfiAP! PlMI Exhibit A - 5 - 6. Existing Canopy ._.,~r, 7. Proposed Canopy Elevations ~, --.-~cc~ s~sucmwa uylEi: v NFJwIF ..a.. _ ~ a~ ~....,~..,.~ ~.. ... , ~ -..~,. m -- - ~. ~-..- ~r ~w u ..Mas ^'° ~ w ~ ... ~ .~ v~a+ ~xuw ti 4.m ~ s yes 7....m. ,. __ ~ ~ ~ r axe nh~ - - --- ---------------- --------------~- -- -a ~ s~-ua~°~ - ~ ~ ir[ Ncn; nw ra~v innxunoe: . L~ R a...m .~ J ..., .. _, ~.....~ ~. v _ u~ ue ~~r M. ,. ..~ »m ~ wzzc^~~z?~.,~h ~ ~x?' ~ h ~ .-:YEA £7F` a.r~». .-~ ... C~ t i '~__, a~.me ~~~r _ _ _ ~~ i ~ 1 l_._~._.._._. __.-~._...._..._..._~_..« ~~t~ ~# '~i o~ f~ ,~.'°i'PtIPi AT GIQIAI EXhl~lt f~ - 6 - B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (CUP-Ol-005 and DA #95037561). 1.2 The site plan prepared by Barghausen Consulting Engineers, dated 10/29/10, labeled DD-2, is approved as submitted. 1.3 The landscape plan prepared by Barghausen Consulting Engineers, dated 09/09/10, labeled PL-1 is approved with the following changes: • The new landscape island proposed along the east side of the 6 parking stalls that front along the E. Fairview Avenue landscape buffer shall be planted in accord with UDC 11-3B- 8C.2.d. 1.4 The elevations prepared by Barghausen Consulting Engineers, dated May 2010, labeled A2 are approved as proposed. 1.5 The applicant shall comply with the applicable Specific Use standards listed in UDC 11-4-3-20 for the fuel sales facility. 1.6 The applicant's request for administrative design review is approved. 1.7 The applicant shall obtain a Certificate of Zoning Compliance application in compliance with the conditions of approval contained in this report prior to the expansion of the fuel facility, before the issuance of any building permits. 1.8 No new signs are approved with this MCU application. All business signs require a separate sign permit in compliance with the sign ordinance (UDC 11-3D). 1.9 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two (2) years as set forth in UDC 11-SB-6F1 or 2) gain approval of a time extension as set forth in UDC 11-SB-6F4. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 Provide signage ("No Parking Fire Lane") for all fire lanes and all entryways into the site in accordance with International Fire Code Sections 503.4 & D103.6. 3.2 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. 3.3 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. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. Exhibit B - 1 - 7. ADA COUNTY HIGHWAY DISTRICT 1. Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way. 2. Private sewer or water systems are prohibited from being located within the ACHD right- of-way. 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. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 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. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. 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 ACRD 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. 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. 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. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 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 ACHD. 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 ACHD Commission. Exhibit B - 2 - C. Required Conditional Use Permit Findings from UDC: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the existing site is large enough to accommodate the expanded use and comply with the dimensional and development regulations of the C-G zone. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive Plan Future Land Use Map designation for this property is Commercial. The property is currently zoned C-G, which complies with this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 7 and 9 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the expansion of the existing use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the expanded use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that the site will be adequately served by the previously mentioned public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The Commission does not believe that the amount of traffic generated by the expanded use of the property will be detrimental to any persons, property, or the general welfare of the public as there are no nearby residents. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Exhibit C 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with expanding the use that should be brought to the Commission's attention. The Commission finds that the expanded use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C - 2 -