Walmart Overland Stoddard CUP-11-002CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN~
IDAHO
In the Matter of the Request for Conditional Use Permit for aDrive-Through Pharmacy for
Walmart in a C-G Zoning District, Located on the Southeast Corner of S. Stoddard Road and W.
Overland Road, by Walmart Real Estate Business Trust.
Case No(s). CUP-11-002
For the Planning & Zoning Commission Hearing Date of: September 1, 2011 (Findings on
September 15, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 1, 2011, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 1, 2011, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 1,
2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 1, 2011, 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 April 19, 2011, Resolution No. 11-784 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.
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-11-002
Page 1
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 September 1, 2011, 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 conditional use permit is hereby conditionally approved per the
conditions of approval in the attached staff report for the hearing date of September 1, 2011,
attached as Exhibit A.
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 in accord with UDC 11-SB-6F.1.
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 in accord with UDC 11-SB-6F.2.
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) years 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
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a 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.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which maybe adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of September 1, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-11-002
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the ~~ ~ day of
j~ , 2011.
COMMISSIONER SCOTT FREEMAN
(Chairman)
COMMISSIONER MICHAEL ROHM
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
COMMISSIONER STEVEN YEAper ~v
Attest:
~~~~~~t
Jaycee Holman, City Clerk
VOTED
VOTED ~-t~
VOTED
VOTED
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Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-11-002
Page 3
EXHIBIT A
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 IXAnalysis for more information.
II. 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.
The Meridian Planning and Zoning Commission heard this item on September 1. 2011. At the
public hearing, the Commission moved to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: JoAnn Butler; Nick Taylor
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Lori McBride: George & Laura Webb: and Shalia & Ter
Hunnicutt
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: Pete Friedman
b. Kev Issues of Discussion by Commission:
i. The_layout of the building on the site with respect to the drive-thru pharmacy
being located on the south side of the building as opposed to the north side of the
building.
ii. Fencing between the commercial property and the residential property to the
south.
c. Kev Commission Changes to Staff Recommendation:
i. Add a condition that requires signage 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 adiacent residences;
ii. Add a condition that requires the applicant to comply with all ACHD's
conditions of approval for the subiect application; and
iii. Modify condition #1.1 in Exhibit B to read, "The general configuration of the
drive-thru pharmacy depicted on the site & landscape plans prepared by
Pacland, dated 7/1/11 is approved with the comments and conditions in this
rereuort."
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
PAGE 1
EXHIBIT A
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 % 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. 10th Street
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:
PAGE2
EXHIBIT A
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.
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)
PAGE 3
EXHIBIT A
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 do 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
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.
PAGE 4
EXHIBIT A
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.
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: 7/1J2011)
4. Building Elevations (dated: 6/3/11)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
PAGES
EXHIBIT A
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
PAGE 6
EXHIBIT A
Exhibit A.1: Vicinity Map
PAGE 7
EXHIBIT A
Exhibit A.2: Site Plan (date: 7/1/11)
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EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The general configuration of the drive-thru pharmacy depicted on the site and landscape
plans prepared by Pacland, dated 7/1/11 ~e is 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.
1.9 Signage is required at the drive-thru's asking customers to turn off their vehicles & turn
down the volume on their stereos while waiting in consideration of the adiacent residences;
a note shall be added on the site plan submitted with the Certificate of Zoning Compliance
to that effect.
1.10 The applicant shall comply with all of Ada County Highway District's conditions of
approval for the subiect application.
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.
PAGE 11
EXHIBIT A
6. ADA COUNTY HIGHWAY DISTRICT
Comments have not been received from ACRD on this application.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments on this application.
PAGE 12
EXHIBIT A
C. Required Findings from Unified Development Code
1. Conditional Use Permit (iTDC 11-SB-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.
The Commission 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.
The Commission finds that the proposed use is consistent with the Comprehensive Plan
future land use map designation of Commercial for this site. Further, the Commission 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.
The Commission 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.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. Please refer to any comments prepared by the
Meridian Fire Department, Police Department, Parks Department, Sanitary Services
Corporation and ACHD. Based on comments from other agencies and departments, the
Commission finds that the proposed use will be served adequately by all of the public
facilities and services listed above.
PAGE 13
EXHIBIT A
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission recognizes that traffic along the south boundary of the site will increase
with the approval of a drive-thru in this location; however, the Commission 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. The
Commission does not anticipate the proposed use will create excessive noise, smoke, fumes,
glare, or odors. The Commission 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.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. The Commission finds that the proposed use will not result
in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.