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Staff ReportItem # 4B: Walmart OverlandlStoddard (CUP-11-002) Application(s): - Conditional Use Permit for adrive-thru establishment in a C-G zoning district Size of property, existing zoning, and location: This site consists of 16.66 acres of land, is currently zoned C-G, and is located on the southeast corner of W. Overland Road & S. Stoddard Roatl. Adjacent Land Use & Zoning: North: Commercial property (Mtn. View Equipment, Roaring Springs/Wahooz, Veterinary Clinic), zoned C-G & C2 (Ada County) East: Commercial property (Lowe's), zoned C-G South: Single-family residential (Bear Creek Subdivision), zoned R-4 West: Vacant (future retail) and commercial storage units, zoned C-G History: • In 2007, the site was annexed with a C-G zoning district. A development agreement (DA) was required as a provision of annexation. • In 2009, a modification to the DA was approved that amended the conceptual development plan & certain provisions of the agreement. • Another modification to the DA was approved last week (pending approval of findings) that again amended the concept plan & certain provisions of the agreement. Summary of Request: The subject application is onlyfor approval of the drive-thru establishment use• the proposed retail store is a principal permitted use in the C-G zoning district. The applicant proposes to construct a 156,883 square foot Walmart store as allowed in the C-G zoning district. Adrive-thru pharmacy with 2 service areas is proposed on the south end of the building. A conditional use permit is required in a C-G district for drive-thru establishments when they are located within 300 feet of another drive-through establishment, a residential district, and existing residences - all of which apply in this case. There are specific use standards listed in the UDC for the proposed use, all of which the site plan addresses. Security lighting is required to be provided on the south side of the building for the drive-thru consistent with the standards for outdoor lighting listed in UDC 11-3A-11. A photometric test report for the site lighting will be required with the Certificate of Zoning Compliance application to ensure lighting does not trespass onto adjacent residential properties. The hours of operation for the pharmacy drive-thru are proposed to be limited to 9 am to 9 pm Monday thru Friday; 9 am to 7 pm Saturday; and 10 am to 6 pm Sundays. Staff recommends the hours of operation of the drive-thru be restricted to the hours proposed by the applicant. Comprehensive Plan DesignationlCompliance wlComp Plan? Commercial -Yes Compliance with UDC? Yes Written Testimony: Lori McBride; George & Laura Webb; Shelia & Terry Hunnicutt ACHD submitted a letter requesting the City defer action on the subject application until a new Traffic Impact Study can be evaluated. The City's response to ACHD was that we would proceed with the hearing & condition any approval to comply with ACHD's comments at the time of CZC. Staff Recommendation: Approval w/conditions in staff report. Additionally, staff recommends the following conditions be added: • Signage is required at the drive-thru's that ask customers to turn off their vehicles & turn down the volume on their stereos while waiting in consideration of the adjacent residences; • Comply with all of Ada County Highway District's conditions of approval for the subject application; and STAFF REPORT Hearing Date: September 1, 2011 TO: Planning & Zoning Commission E IDIAN~ FROM: Sonya Watters, Associate City Planner I D A H O 208-884-5533 SUBJECT: CUP-11-002 -Walmart Overland/Stoddard I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Walmart Real Estate Business Trust, has applied for a conditional use permit (CUP) for a drive through establishment in a C-G zoning district within 300 feet of another drive through establishment, a residential district, and existing residences, as required by UDC 11-4-3-11. See Section IX Analysis for more information. IL SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-11- 002 as presented in the staff report for the hearing date of September 1, 2011, with the following modifications: (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 September 15, 2011. Denial After considering all staff, applicant and public testimony, I move to deny CUP-11-002 as presented during the hearing on September 1, 2011, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-11-002 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 subject property is located on the southeast corner of W. Overland Road and S. Stoddard Road, in the northeast '/o of Section 24, Township 3 North, Range 1 West B. Owner(s): Idaho Banking Company 7661 W. Riverside Drive, Ste. 201 Boise, ID 83714 C. Applicant: Walmart Real Estate Business Trust 2001 S. E. 10~' Street PAGE 1 Bentonville, AR 72712-6489 D. Representative: Nick Taylor, PACLAND Olympia 606 Columbia St. N.W., Ste. 106 Olympia, WA 98501 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a 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: August 15, and 29, 2011 C. Radius notices mailed to properties within 300 feet on: August 4, 2011 D. Applicant posted notice on site by: August 18, 2011 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is currently vacant and lies within a C-G (General Retail and Service Commercial) zoning district. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Commercial property (Mountain View Equipment, Roaring Springs, Wahooz, Veterinary Clinic), zoned C-G and C2 (Ada County) 2. East: Commercial property (Lowe's), zoned C-G 3. South: Single-family residential (Bear Creek Subdivision), zoned R-4 4. West: Vacant (future retail) and commercial storage units, zoned C-G C. History of Previous Actions: • In 2007, the subject property was granted Annexation and Zoning (AZ-07-009) approval with a C-G zoning district. A Development Agreement was required as a provision of annexation and subsequently recorded as Instrument #107131597. • In 2009, a modification to the development agreement (MDA-09-004) was approved that amended the conceptual development plan and certain provisions of the agreement (Instrument No. 110005407). D. Utilities: 1. Public Works: a. Location of sewer: S. Stoddard Road & W. Overland Road b. Location of water: W. Overland Road c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. PAGE 2 3. Flood Plain: This property is not within the floodplain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. The purpose of this category is 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. The proposed retail store is consistent with the Commercial land use designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings." (Chapter 2, page 13) The south boundary of this site abuts a residential neighborhood. The proposed retail store and pharmacy will provide a service within walking distance of these residences. Pathway connections are proposed between the existing residential neighborhood and the proposed commercial development where S. Alaska Avenue stubs at the south boundary of the site and along the west boundary of the site adjacent to Stoddard. • "Require all commercial and industrial businesses to install and maintain landscaping." (Chapter 2, page 14) A landscape plan was submitted with this application. With development of the proposed use, landscaping is required to be installed and maintained in accord with the standards listed in UDC 11-3B. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter 3, page 45) Water and sewer service is available & service lines have been stubbed to the site from Overland and Stoddard Roads. This property has already been annexed and is contiguous to the city. • "Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties." (Chapter 3, page 53) An 85 foot wide separation is shown on the site plan between the residential lots along the south boundary and the proposed Walmart store. A 25 foot wide landscape buffer with dense landscaping is proposed within that area along the south property boundary as a buffer. Additionally, a solid vinyl fence exists along the southern property boundary. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed retail store is listed as a principal permitted use in the C-G district; however, the associated PAGE3 drive through requires conditional use approval if it lies within 300' of another drive through establishment, residential district, or existing residences which it does. There are specific use standards for drive through establishments listed in UDC 11-4-3-11. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to this site. D. Landscaping Standards (UDC 11-3B): 1. Width of street buffer(s): 25 feet along Overland; 20 feet along Stoddard 2. Width of buffer(s) between land uses: 25 feet to residential uses 3. Percentage of site as open space: NA 4. Tree Preservation: NA E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500 square feet of gross floor area in commercial districts for non-residential uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant proposes to construct a 156,883 square foot Walmart store that will include a 3-bay tire and Tube express and a garden center on 16.66 acres of land in a C-G zoning district. Adrive- thru pharmacy with two service areas is also proposed on the south end of the building. Conditional use approval is required when adrive-thru establishment is proposed within 300 feet of another drive through establishment; a residential district; and existing residences in the C-G district, per UDC 11-4-3-11. A drive-thru at Icon Credit Union exists at the northeast corner of the site and existing residents within a residential district exist at the south boundary of this site - all within 300 feet of the proposed drive-thru which requires conditional use approval. There are specific use standards listed in UDC 11-4-3-11 that apply to drive-through establishments. Staff has reviewed these standards and finds the proposed site plan addresses those items. The proposed site plan depicts the location of two drive-thru service areas for the pharmacy with a speaker at each location on the south end of the building adjacent to residences in Bear Creek Subdivision. Security lighting is required to be provided on the south side of the building for the drive-thru consistent with the standards for outdoor lighting listed in UDC 11-3A-11. A photometric test report for the site lighting will be required with the Certificate of Zoning Compliance application to ensure lighting does not trespass onto adjacent residential properties. The hours of operation for the pharmacy drive-thru are proposed to be limited to 9 am to 9 pm Monday thru Friday; 9 am to 7 pm Saturday; and 10 am to 6 pm Sundays (closed during a lunch hour on both Saturdays and Sundays). Staff recommends the hours of operation of the pharmacy drive-thru be restricted to the hours proposed by the applicant. The subject application is only for approval of the drive-thru establishment use; the proposed retail store is a principal permitted use in the C-G zoning district. The applicant is required to submit an application for Certificate of Zoning Compliance and Design Review prior to issuance of building permits for the site. Design Review of the site and proposed structures is required to comply with the standards listed in UDC 11-3A-19 and the guidelines contained in the City of Meridian Design Manual. Detailed review of the site and structure will take place at that time. All future development on the site shall comply with the provisions of the development agreement, the UDC and the City's Design Manual. PAGE4 Note: An application to amend the existing development agreement (DA) to modify the conceptual development plan as shown on the site plan submitted with this application, and other specific provisions of the agreement was approved by City Council on August 23, 201; findings are scheduled for approval on September 27th. Because the site plan submitted with the subject CUP depicts the site layout shown on the concept plan submitted with the DA modification application, approval of the subject CUP will be contingent upon the amended DA being approved by City Council and recorded. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan (date: 7/1/11) 3. Landscape Plan (date: 7/1/2011) 4. Building Elevations (dated: 6/3/11) B. 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. Required Findings from Unified Development Code PAGE 5 Exhibit A.1: Vicinity Map PAGE 6 Exhibit A.2: Site Plan (date: 7/1/11) ~~ ---- a.. _ ~ ,..,.. _..,...... p wo~a~o~o+m ~ . ~..,. . . : .... ~ ~~ ..,._... ...~A..» ,.. , ,»....~ . ~, ~ r.._ . wieava ,... ~;.. - -- - ~~- x+44p[f~. ~I ~~ 1' ~+~~ y1 i ' ~ ~ . ~ ~~ ~ ~~ I aaa 1 1i+i~H~HN 1 ~ Yl MIh Vlbti I p ~i ~ "" ~ ~ p '~' '.~a;w ' ~ ... ..ar. , rs.uwy ~ r ' ~.i `~ 1 ~ M Mi 11~ ~TRTTI~TRTR~ Y ~ ri ~-~~ 't ~ RJwaaQATl1 ~ ° ° ¢ `Y ~ ~ F` ••r aLL •.~l r! F ~ ' t ' t Y nrf YIN1`.' csY. (~ ~Y •~ '. P re ~ ~k V Q p.~ ~ W YiI/. r1 ~f °"~-° I f . ' .«~. ~ ---~= . ,- , , _ ~ - ~~+~ M ZC11~ .n. ~ ~' ~ ~ o ~~ ! ~ wr ~ t .n ~w~rw .r~w~rr yy~. yy~yyy~N r,swNVacsraM tt1N.1YMYM~ "WNuRL ai .*:: .!A!:°:FH Jeil.1M 4R*2 +a a Y.1M M~Yr .~l~~q bwP ~ ~ ~' 'eMl VJ -i:+. H M[W4K .S:'~ ~Ri PLAN O to PAGE 7 r._mm ••••• ••••• 4-eiA~il! ""` w ouaa~uo eo I • ro ...~.. w.. _ _ -._ 1~NR D~MID Exhibit A.3: Landscape Plan (date: 7/1/2011) ~ww•Inr/ f J~ • t ~~••J a ' u / I ^ 1 ~ w .: e ~ i~l:.'~"'~~ RAIx11 w / ~~ «--~_ ~NSf61MAkN. ~. ~~ I rr~~rr•r .w 1(~ ~ f ~.~ PAGE 8 1 x I ! 1 ~ 1 ! I ! 1 ! 1 ! j ! 1 • i • 1 • 1 • 1 w 1 • 1 • j • 1 ~~~r~ r01~t~MO11aw 1 Exhibit A.4: Building Elevations (dated: 6/3/11) RmtYw'tOm #..! t-.l"rY~Yy aM3N:M1n ~Yt(IWYIMMYe~ lu~Mt~:rY rymrmmxn 'mm.rm Y<nrar xx W W srr pM+Na •FiR.6mndn Cmtf:W>bN ~I gtiKOY°'w .msW4V ~'h: .~iN',.,b. -AY~W~IS!] Y{~~ is n~i.Ntlnd -Arstwvimwm4man 'hmuNlt Nnf CJIgN - M{~~-:MV paYt<d 61MUn'rir:i« 9~ Cn. WIT NO.YI k4 f.F. 1 SJ'11" Ma auam alYi ~ 1 I-f wR kF Nmn ~ppt,non 1 1-f iw OMgow Lnn9 1 }.P 9.i ItF pluieu[rDn.~Tbu l 1-f t.! N }-(' {. •+It LnN } I~1~ 1!1 Toll quldnq Sgi4gc {N!q Watmart : ;: ~;' H ~ ~Z June 3, 2011 bSeridian i5), IDII3o93 -Nsve Store Ekvaaons oeaointmesxrxnuroxv-wr wmm~smnan. r.wuy...g..n.,.,.,,..,.r....e.o.da.a.~.na..q..n...++~n.e.{f.v~nw^=•~.an..w.y.e:e,....n,,.. w.d.s.y..~~iyp n.~,r<m.~.l~.n... ..,:k..~~.~,...-.~w~n.w.ab~{MS~••sr•c•••,n.~...Jwr~.r.rer an+r•ae{.~ -s~.nsty umnmoolrwi p{rtsd -SgN.b O[Vpn.a ib.Mlil'Wl nu - bWR'.Mrw' .rTa Yuru~ urnnr. -S~pp1t K.CW pilled y{A4CYY ptrta '{%L dm~LiYC/Itl'gW 1iq{ ikwtA .W rve PAGE9 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site and landscape plans prepared by Pacland, dated 7/1/11 are approved with the comments and conditions in this report. 1.2 Security lighting shall be provided on the south side of the building for the pharmacy drive-thru consistent with the standards for outdoor lighting listed in UDC 11-3A-11. 1.3 The hours of operation for the pharmacy drive-thru are proposed to be limited to 9 am to 9 pm Monday thru Friday; 9 am to 7 pm Saturday; and 10 am to 6 pm Sundays. 1.4 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11 for drive through establishments. The applicant shall submit a site plan that demonstrates compliance with these standards with the Certificate of Zoning Compliance application for the proposed use. 1.5 Prior to establishment of the proposed use, the applicant shall be required to submit a Certificate of Zoning Compliance and Design Review application to the Planning Department for this site. They layout of the site shall be generally consistent with the conceptual site plan contained in the development agreement for this site. 1.6 No signs are approved with this application. The applicant shall submit a sign permit application in accord with the standards listed in UDC 11-3D for approval of any future signs on this site. 1.7 The applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within this time period, a time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If a time extension is not requested or granted and the CUP expires, a new conditional use permit must be obtained prior to operation. 1.8 Staff s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 The applicant will be responsible to pay the City of Meridian the amount indicated in the Black Cat Sewer Phase 4 Schedule C Agreement dated January 22"d 2008. 3. FIRE DEPARTMENT 3.1 The proposed project has no Fire Department concerns. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. SANITARY SERVICES 5.1 SSC did not submit comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT Comments from ACHD have not yet been submitted on this application. 7. PARKS DEPARTMENT 7.1 The Parks Department has no comments on this application. PAGE 10 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject 16 +/- acre property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use is consistent with the Comprehensive Plan future land use map designation of Commercial for this site. Further, staff finds the proposed use of the site is consistent with the Comprehensive Plan in that the proposed retail/grocery store, tire & Tube express, garden center, and pharmacy will contribute to the variety of commercial opportunities available in the south Meridian area. 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. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed drive-thru pharmacy should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should consider any public testimony provided to determine if the development will adversely affect the other property in the vicinity. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD. Based on comments from other agencies and departments, Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. PAGE 11 f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff recognizes that traffic along the south boundary of the site will increase with the approval of a drive-thru in this location; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public since the Comprehensive Plan anticipated the site to be developed with commercial uses. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed use will not be detrimental to people, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.