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Staff ReportChanges to Agenda: Item #4B has been continued to May 17,2012. Item #4A: Signature Smiles (CUP-12.002) Application(s): - Conditional Use Permit to operate a health care facility. Size of property, existing zoning, and location: This site consists of 2 building lots in Champion Park Subdivision totaling 1.39 acres, zoned C-N and C-G and is located on the NEC of Leslie Way & E. Ustick Rd. Adjacent Land Use & Zoning: This area is predominantly developed with residential & commercial uses, zoned R-8 and C-G. Summary of Request: The applicant is requesting a CUP per requirement of the development agreement for this property. The DA requires all future commercial uses to obtain detailed CUP approval prior to development. The applicant has submitted a detailed site plan & building elevations as required. A 4,740 s.f. single-story multi-tenant building with a 1,394 s.f. basement is proposed to be constructed on the southern C-G zoned lot with a portion of the parking area encroaching on the C-N zoned lot to the north. Both of these lots are under common ownership & across-access/parking easement is required. A dental office will occupy the western portion of the building; a future tenant will occupy the remainder of the building. Additionally, the DA states the CUP will place,limits on the hours of operation of the commercial uses. Because this property is located adjacent to residential uses on the north & across the street to the west, staff recommends the hours of operation of businesses on this site be limited from 6 am to 11 pm consistent with an amendment to the UDC that is current in process for commercial uses that abut a residential use or district. Comprehensive Plan Designation/Compliance w/Comp Plan? Yes (designated Mixed Use -Community) Compliance with UDC? Yes Written Testimony: The applicant provided verbal agreement with the conditions in the staff report. Staff Recommendation: Approval w/conditions Notes: STAFF REPORT Hearing Date: April 5, 2012 TO: Planning & Zoning Commission E IDIAN~--- FROM: Sonya Watters, Associate City Planner 113 A H O 208-884-5533 SUBJECT: CUP-12-002 -Signature Smiles L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dale Binning, has applied for a conditional use permit (CUP) for a healthcare service (dental office) in a C-G zoning district as required by the development agreement for the property. See Section IX Analysis 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. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-12- 002 as presented in the staff report for the hearing date of April 5, 2012, 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 April 19, 2012. Denial After considering all staff, applicant and public testimony, I move to deny CUP-12-002 as presented during the hearing on Apri15, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-12-002 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 northeast corner of N. Leslie Way and E. Ustick Road, in Section 32, Township 4 North, Range 1 East B. Owner(s): Oyler Dentistry/Signature Smiles 12249 W. McMillan Road Boise, ID 83713 C. Applicant: Dale Binning, Architect P.O. Box 686 Boise, ID 83701 Signature Smiles CUP-12-002 PAGE 1 D. Representative: Same as applicant 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: March 19, and Apri12, 2012 C. Radius notices mailed to properties within 300 feet on: March 15, 2012 D. Applicant posted notice on site by: March 27, 2012 VL LAND USE A. Existing Land Use(s) and Zoning: The subject area consists of undeveloped property in the C-G and C-N zoning districts. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential (existing & future), zoned R-8 2. East: Commercial uses (existing & future), zoned C-G 3. South: Single-family residential, zoned R-2 4. West: Single-family residential, zoned R-8 C. History of Previous Actions: • In 2003, the following applications were approved that included the subject property: - Annexation and zoning (AZ-02-033) with a development agreement (Instrument #103085229); conditional use permit (CUP-02-049) for a planned development which allowed the subject two commercial lots as a land use exception in the R-8 zoning district; and Preliminary plat (PP-02-033) for Parkstone Subdivision. • A final plat (FP-OS-054) for phase 5 was approved in 2005 that contained the subject lots • In 2006, the following applications were approved: - Rezone (RZ-OS-021) of the subject properly from R-8 to C-N and C-G; modification to the development agreement (MI-OS-015) (Instrument #106048480); modification to the conditional use permit (MCU-OS-004); and preliminary plat (PP-OS-061) for Champion Park Subdivision (re-plat of a portion of Parkstone Subdivision). D. Utilities: 1. Public Works: a. Location of sewer: N Leslie Way b. Location of water: N Leslie Way c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA Signature Smiles CUP-12-002 PAGE 2 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use -Community (MU-C)" on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to allocate areas where community-serving uses & dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to. The proposed use of a portion of this site for a dental office is consistent with the MU-C land use designation as it will provide a service to the community and will be easily accessible by nearby residents. VIIL 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 dental office (healthcare service) is listed as a principal permitted use in the C-G district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: This site is comprised of two (2) building lots in Champion Park Subdivision (fka Parkstone Subdivision) consisting of a total of 1.39 acres of land in the C-C and C-G zoning districts. The structure is proposed to be located on the southern C-G zoned lot with a portion of the parking area encroaching on the C-C zoned lot to the north. Both of the lots are under common ownership. The applicant proposes to construct a 4,740 square foot single-story multi-tenant building with a 1,394 square foot basement. A dental office is proposed in the western portion of the building; a future tenant will occupy the remainder of the building. A dental office is classified as a healthcare service use per UDC 11-1A-1 and is a principal permitted use in the C- Gdistrict. The applicant is requesting a CUP per requirement of the development agreement (DA) for Champion Park Subdivision. The DA requires all future commercial uses to obtain detailed CUP's prior to development. The applicant has submitted a detailed site plan and building elevations as required. Additionally, the DA states the CUP will place limits on the hours of operation of the commercial uses. Because this property is located adjacent to residential uses on the north and across the street to the west, staff recommends the hours of operation of businesses on this site be limited from 6 am to 11 pm consistent with an amendment to the UDC that is currently in process. Signature Smiles CUP-12-002 PAGE 3 Because the access driveway is located on the property line between the two properties and parking is proposed to be shared, staff recommends across-parking/cross-access easement agreement be recorded and a copy submitted to the Planning Department with the Certificate of Zoning Compliance application. The applicant is required to obtain approval of a Certificate of Zoning Compliance and Design Review application prior to issuance of building permits. The layout of the site and design of the structure shall be generally consistent with the site plan and building elevations submitted with this application and shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site/Landscape Plan (date: 3/1/12) 3. Building Elevations (dated: 3/1/12) 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 Signature Smiles CUP-12-002 PAGE 4 Exhibit A.l: Vicinity Map ry N N N N O ~~. ti 86 44 iZ ""' 3563 3559 ~ ~-~~ 3547 ~ 48 30 •+~ ~.+ '~3y __ 3517 ~ - ~ ~~9 ~ ' ~ 3467 90 L ~ 68 ~?q ~ A 3415 46 ~ 'o 00 T 3413 24 ~ - ~ ,l ~ ~ + D2 ryry ~ 11y~ ~~~ 3349 J,~ --- ~ ~ ~ 33 ~ 1 _ N ~ j 3275 ~ µ9D 44E8 2740 ~ • ra ~~ "' ti32 .r+ N =i ry Jj r' 2125 3045 3020 ~ ~fi ~pw ~ 1598 `~ s ~ i a N 1566 2545 2645 ~ 4~5 3055 1534 3039 __ _ ~'~1a ~., ~ _ 3023 ~ 3007 'y 008 ~~~~ ~ `- i 1502 29864 f ! 997 14 0 ..._. ~ 1439 4 .~ 1471 ~ 14 3541 3560 3533 3475 3510 3421 ~ ~ 8 3327 3319 ~ 3380 3311 3305 3340 RS 7408 3263 3270 3251 3085 2973 X70 ~ 3112 ~ 3004 4 ~ A Signature Smiles CUP-12-002 PAGE 5 Exhibit A.2: Site/Landscape Plan (date: 3/1/12) Signature Smiles CUP-12-002 PAGE 6 ~£-H ~.~ ~ so ~ z ~ en z ~9 ~ ~' n ~o ~ gfy oho =fin mho ~~~ •~~ ~~ z~ a ~~ .~ a ~c ~C _ ~ t~ g ~~q3 t~ o l'+ ~ z °.~ z a c Signature Smiles CUP-12-002 PAGE 7 Exhibit A3: Building Elevations (dated: 3/1 /12) s ~"~s a dp U4. e ~a :aa .~ s (@7 s ~~~ ~~-y1 J f ~j e Ip7 0 s Y,~' •kq`~a; .o.. ~'~0 ~ ~~~3 EIS S ~ ~'OV S~ Soo ~5 noI-A ~' S $•~ S E ~ =~w C wW ~a a x . ~, 4 i E~~ Y Y~;; ~ Ca7 O -; ~ ~~ y'S jp $ LU S ~ bx uoS-A 8E:7 1AY.~I^iQ:!00 LiOTTA]3154P. ' 8'L'J 1w'rtOITTGi: ~": ": '. Y.OITA7I154z. Signature Smiles CUP-12-002 PAGL 8 •0-•1-emu aoilavelH dltoYt •o-~=vet aoil>rvolH laaV7 •0 •~.•Nl aoilf VDIH dluoZ ro=1:+u aoilsvalH :as8 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval associated with this site. 1.2 The site plan submitted with this application, dated March 1, 2012, shall be revised as follows: a. Two-way drive aisles adjacent to parking are required to be 25 feet in width in accord with UDC Table 11-3C-5. b. When a bumper overhangs onto a sidewalk, the parking stall dimensions may be reduced to 17 feet in length if the sidewalk is widened to 7 feet, in accord with UDC 11-3C-SB4. c. Bicycle parking shall be provided on the site in accord with UDC 11-3C-6G and 11-3C. 1.3 Business hours of operation on the subject property shall be limited from 6 am and 11 pm. 1.4 The applicant shall record across-access/cross-parking easement agreement between the subject two properties and submit a copy of the recorded easement with the Certificate of Zoning Compliance application. 1.5 Prior to issuance of building permits, the applicant shall be required to submit a Certificate of Zoning Compliance and Design Review application to the Planning Department for this project. The layout of the site and design of the structure shall be generally consistent with the site plan and building elevations submitted with this application and shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 1.6 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 use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-SB-6F. 1.7 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 Sanitary sewer service to this development is being proposed via extension of mains in N Leslie Way. 2.2 Water service to this site is being proposed via extension of mains in N Leslie Way. 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 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. 2.4 A letter of credit, cash surety or bond in the amount of 110% will be required for all uncompleted non-life safety improvements (eg. fencing, landscaping, amenities, etc.), prior to occupancy. 2.5 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. Signature Smiles CUP-12-002 PAGE 9 2.6 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. 2.7 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.8 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.9 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. 2.10 The City of Meridian requires that no trees are to be installed within 5 feet of water meters, fire hydrants or valves this includes no planting over the top of sewer, water, irrigation mains or services. 2.11 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. 2.12 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.,13 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian Department of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns with this application. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. SANITARY SERVICES 5.1 SSC has no comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT The City has not yet received comments from ACHD on this application. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. Signature Smiles CUP-12-002 PAGE 10 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 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. Staff finds that the subject property is large enough to accommodate the proposed use and the dimensional & 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 and harmonious with the UDC and Comprehensive Plan future land use map designation of MU-C for this site. 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 use 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. 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, the Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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. Signature Smiles CUP-12-002 PAGE 11 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 finds the proposed use will not be detrimental to any persons, 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. Further, 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.