Signature Smiles CUP-12-002CITY OF MERIDIAN ~ IDI /~ N~--
FINDINGS OF FACT, CONCLUSIONS OF LAW 1~J1L"~l \
AND IDAHO
DECISION & ORDER
In the Matter of Conditional Use Permit for Signature Smiles, Located on the Northeast Corner of
N. Leslie Way and E. Ustick Road in the C-G Zoning District, by Dale Binning.
Case No(s). CUP-12-002
For the Planning & Zoning Commission Hearing Date of: Apri15, 2012 (Findings on April 5, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 5, 2012, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 5, 2012, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of Apri15, 2012,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of Apri15, 2012, 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
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-002
Page 1
That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of Apri15, 2012, 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:
The applicant's request for conditional use permit is hereby approved per the conditions of
approval in the attached staff report for the hearing date of Apri15, 2012, 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 may be 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 may be 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 may be 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 April 5, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-002
Page 2
j,~~
By a tion of the Planning & Zoning Commission at its regular meeting held on the U ~ day of
2012.
COMMISSIONER SCOTT FREEMAN VOTED
(Chairman)
COMMISSIONER MICHAEL ROHM
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
COMMISSIONER STEVEN YEARSLEY
Attest:
~~P
Jaycee Holman, City Clerk
VOTED__~ `~~
VOTED__C C~
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
Dated: ~ ~ ~P l
TeowLCGsr
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-002
Page 3
EXHIBIT A
STAFF REPORT Hearing Date: Apri15, 2012
TO: Planning & Zoning Commission
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: CUP-12-002 -Signature Smiles
E IDIAN~-
iDAW4
I. 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 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 April 5, 2012. At the public hearing, the
Commission voted to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Dale Binning
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Pete Friedman
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 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.)
Denial
After considering all staff, applicant and public testimony, I move to deny CUP-12-002 as presented
during the hearing on April 5, 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.)
lV. 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
Signature Smiles CUP-12-002 PAGE 1
EXHIBIT A
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
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 1 1,
Chapter 5.
B. Newspaper notifications published on: March 19, and April 2, 2012
C. Radius notices mailed to properties within 300 feet on: March 15, 2012
D. Applicant posted notice on site by: March 27, 2012
VI. 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 property 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).
Signature Smiles CUP-12-002 PAGE 2
EXHIBIT A
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
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.
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
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-N 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-N 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-
Signature Smiles CUP-12-002 PAGE 3
EXHIBIT A
G district.
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.
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
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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.
2.6 Applicant shall 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.
Exhibit B PAGE 1
EXHIBIT A
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 ACRD. 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
6.1 The applicant will be required to pave the driveway(s) their entire width and a minimum of 30
feet into the site beyond the edge of pavement.
6.2 The applicant shall correct any deficiencies and/or replace deteriorated facilities abutting the site,
including sidewalk construction or replacement; curb and gutter construction or replacement;
installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices;
and other similar items, abutting the site.
6.3 The applicant shall be required to meet all of the ACHD Standard Conditions of Approval as well
as all ACHD Policies and requirements that may apply.
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
Exhibit B PAGE 2
EXHIBIT A
C. Required Findings from Unified Development Code
1. Conditional Use Permit (LTDC 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 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.
The Commission 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.
The Commission 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.
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.
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.
Exhibit C PAGE 1
EXHIBIT A
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 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.
The Commission 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.
Exhibit C PAGE 2