Staff Report REV 7/16Item #4E, F: Fast Eddy's (RZ-13-006; CUP-13-006)
Application(s):
- Rezone
- Conditional Use Permit
Size of property, existing zoning, and location: This site consists of 5.52 acres, is currently zoned C-N, and is located at 710, 730,
750, 770, & 790 W. Ustick Road, at the NEC of W. Ustick Road & Venable Lane.
Adjacent Land Use & Zoning:
North: Vacant property owned by the school district, zoned R-4
South: Ustick Road & rural residential property, zoned RUT in Ada County
East: Residential property, zoned RUT in Ada County
West: Vacant commercial property, zoned C-C
History: There is an existing Fast Eddy's carwash, convenience store & fuel facility at the corner of Venable &Ustick; there are
existing office buildings on the other lots on the site. The c-store was approved to operate 24 hours/day.
Summary of Request: The applicant requests approval to rezone 5.52 acres, platted as Cedar Springs Sub. No. 6, from the C-N to
the C-C district consistent with the FLUM designation of Mixed Use Community w/a Neighborhood Center overlay for this site.
The applicant proposes to move the c-store to the adjacent lotto the east that fronts on Ustick; the existing c-store will then be used for
storage. The primary reason for the proposed rezone is for extended hours of operation for the c-store in the new location. The current
C-N district limits business hours of operation from 6 am to 10 pm. In the proposed C-C district, business hours are restricted from 6
am to 11 pm when adjacent to a residential use or zone; however, the UDC does allow for extended hours to be requested through a
CUP. Because there is residential use that abuts this site on the east, the applicant is requesting a CUP to extend the hours of
operation of the c-store from 5:30 am to 11 pm Monday-Thursday & 5:30 am to 12 am Friday & Saturday.
Comprehensive Plan FLUM Designation: Mixed Use Community w/a Neighborhood Center overlay
Written Testimony: Clyde Brinegar, residential property owner to the east (in support of rezone); Steve Eddy, Applicant (in agreement
w/staff report)
Staff Recommendation: Approval w/conditions
Notes:
STAFF REPORT
Hearing Date: July 18, 2013
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: Fast Eddy's - RZ-13-006; CUP-13-006
E IDIAN~---
tDAH
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Steve Eddy, has applied for a rezone (RZ) of 5.52 acres of land from the C-N to the
C-C zoning district. A conditional use permit (CUP) is also requested to extend the business hours of
operation allowed in the C-C zoning district when a properly abuts a residential use from 6:00 am to
5:30 am seven days a week; and from11:00 pm to 12:00 am on Fridays and Saturdays in accord with
UDC 11-2B-3A.4 for Fast Eddy's convenience store. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ & CUP with the conditions listed in Exhibit B, based
on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, 1 move to approve File Numbers RZ-13-
006 & CUP-13-006 as presented in the staff report for the hearing date of July 18, 2013, with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-13-006
& CUP-13-006 as presented during the hearing on July 18, 2013, for the following reasons: (You
should state specific reasons for denial and what the applicant could do to gain your approval with
another application.)
Continuance
I move to continue File Numbers RZ-13-006 & CUP-13-006 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 property subject to the rezone is located at 710, 730, 750, 770 & 790 W. Ustick Road; the
property subject to the CUP is located at 710 W. Ustick Road, in the SE'/4 of Section 36,
Township 4 North, Range 1 West
B. Owner(s):
Steve Eddy
2151 N. Greenview Ct.
Eagle, ID 83616
Fast Eddy's RZ-13-006; CUP-13-006 PAGE 1
C. Applicant:
Steve Eddy, ST Investments
2151 N. Greenview Ct.
Eagle, ID 83616
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone and conditional use permit. A public hearing is required
before the Planning & Zoning Commission and City Council on this matter, consistent with
Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: July 1, and 15, 2013
C. Radius notices mailed to properties within 300 feet on: June 20, 2013
D. Applicant posted notice on site by: July 8, 2013
VI. LAND USE
A. Existing Land Use(s) and Zoning: The land use on the subject property consists of a variety of
uses including a convenience store/fuel facility/carwash, offices and restaurants.
B. Adjacent Land Use and Zoning:
North: Vacant property owned by the school district, zoned R-4
South: Ustick Road & rural residential property, zoned RUT in Ada County
East: Residential property, zoned RUT in Ada County
West: Vacant commercial property, zoned C-C
C. History of Previous Actions:
• In 2000, the property received the following approvals:
- Annexation (AZ-00-019) with an R-4 zoning district. A development agreement was
required as a provision of annexation, recorded as Instrument No. 102067381; and
- Preliminary plat (PP-00-018) for Cedar Springs Subdivision.
• In 2003, the property received the following approvals:
- Rezone (RZ-03-013) from R-4 to C-N;
- Conditional use permit (CUP-03-067) for a planned development consisting of four
(4) office buildings, a car wash, two (2) fuel pumps, and adrive-thru coffee stand in a
C-N zoning district; and
- Preliminary plat (PP-03-044) for Cedar Springs Professional Center consisting of 5
building lots and 1 common/other lot on 5.51 acres of land.
• In 2004, a final plat (FP-04-074) was approved (Cedar Springs Subdivision No. 6).
• In 2005, the property received the following approvals:
- A modification to the development agreement (RZ-03-013, Instrument No.
105058639) was approved to allow a car wash, coffee stand/kiosk, fuel pumps, and
office uses as approved with CUP-03-067;
Fast Eddy's RZ-13-006; CUP-13-006 PAGE 2
- A modification to the development agreement (MI-OS-008, Instrument No.
105058639) was approved to include the addition of a convenience store and to allow
the convenience store to operate 24 hours a day; and
- A modification to the conditional use permit (MCU-OS-002) was approved to allow
the operation of a 2,200 square foot convenience store and to remove the previously
approved coffee kiosk.
• In 2007, a modification to the development agreement (MI-07-001, Instrument No.
107158811) was approved to allow all principally permitted uses in the C-N district to be
allowed on Lots 5, 6, 7, & 8, Block 25 instead of just office uses as previously approved.
D. Utilities:
1. Public Works:
a. Location of sewer: The existing buildings on this site are connected to City services.
b. Location of water: The existing buildings on this site are connected to City services.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no canals or ditches on this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
Flood Plain: This site is not within a flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This properly is designated Mixed Use -Community with a Neighborhood Center (N.C.) overlay on
the Comprehensive Plan Future Land Use Map (FLUM). The purpose of the MU-C designation is to
allocate areas where community-serving uses and 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. The N.C. overlay areas, the City seeks a centralized, pedestrian-
oriented, identifiable and day-to-day, service-oriented focal point for neighborhood scale
development.
The proposed use of the site is not changing; the existing structures will continue to house a variety of
community-serving uses.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Require all commercial and industrial businesses to install and maintain landscaping."
(2.01.03B)
There is an existing landscaped street buffer on this site along W. Ustick Road and N.
Venable Avenue in accord with UDC Table 11-2C-3 and internal parking lot landscaping.
• "Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection." (3.04.02A)
There is adequate water supply and pressure available to the site for fire protection.
• "Locate small-scale neighborhood commercial areas within planned residential developments
as part of the development plan."
The existing small-scale commercial development on this site provides a variety of services to
Fast Eddy's RZ-13-006; CUP-13-006 PAGE 3
existing residential neighborhoods and will provide services for future neighborhoods in this
area of the City.
For the above-stated reasons, staff is of the opinion the proposed use is consistent with the applicable
comprehensive plan policies and is appropriate in this location.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the C-C district is to provide for the retail and service
needs of the community in accord with the Meridian Comprehensive Plan. Allowed uses in the C-
Cdistrict are a larger scale and broader mix of retail, office, and service uses with access to
arterials or nonresidential collectors.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted,
accessory, conditional, and prohibited uses in the C-C zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C
zoning district apply to development of this site. -
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Rezone: The applicant's request to rezone 5.52 acres of land from the C-N to the C-C zoning
district is consistent with the MU-C and N.C. designation shown on the FLUM. The C-C district
is listed in the Comprehensive Plan as a possible zoning choice for MU-C designated areas.
This property was platted as Cedar Springs Subdivision No. 6. The primary reason for the rezone
is for extended hours of operation for the convenience store proposed on Lot 5. The C-N district
limits business hours from 6:00 am to 10:00 pm.
The applicant proposes to relocate the existing convenience store, currently located on the corner
of Venable &Ustick on Lot 1, to the existing building directly to the east on Lot 5. The existing
convenience store will then be used for storage.
Retail use is a principal permitted use in the C-C district. However, when a commercial use abuts
a residential use or district, business hours of operation are limited from 6:00 am to 11:00 pm
unless otherwise approved through a conditional use permit (CUP).
Conditional Use Permit (CUP): A CUP is requested to extend the business hours of operation
for the convenience store from 11:00 pm to 1.2:00 am on Fridays and Saturdays; and from 6:00 to
5:30 am seven days a week. The CUP only applies to Lot 5 (710 W. Ustick Rd.). There is one
residence that abuts the site to the east at 650 W. Ustick Road; the FLUM designation for the
residential property is MU-C. The applicant submitted a letter of support from the adjacent
property owner in support of the proposed rezone to C-C. Note: The convenience store is
currently allowed to operate 24 hours a day on Lot 1 (770 W. Ustick Rd.) through a provision of
the existing development agreement.
There is only one home that abuts this site to the east. Because that home is situated in line with
the building where the convenience store is proposed, headlights from vehicles shouldn't shine in
their windows creating a disturbance as the parking lot is located on the north side of the building
away from the dwelling. The Commission and Council should consider any testimony from this
homeowner in determining if the extended hours of operation requested by the applicant may
present a disturbance.
Site Plan: A site plan is included in Exhibit A.2 that shows the configuration of the site, location
of existing structures and parking.
Fast Eddy's RZ-13-006; CUP-13-006 PAGE 4
Access: Access is provided to the site via W. Ustick Road and N. Venable Avenue. No new
accesses are proposed.
Parking: Adequate parking that meets the standards in UDC 11-3C-6 is provided on the site.
Landscaping: There is existing landscaping on the site that complies with UDC standards.
Certificate of Zoning Compliance: The applicant recently obtained approval of a Certificate of
Zoning Compliance and Design review application from the Planning Division for the facade
improvements proposed to the convenience store.
Staff recommends approval of the proposed RZ and CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity & Aerial Map
2. Site/Landscape Plan
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. Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Fast Eddy's RZ-13-006; CUP-13-006 PAGE 5
Exhibit A.l :Vicinity & Aerial Map
Past Eddy's IU-13-006, CUP-13-00(i PAGE 6
Exhibit A.2: Site Plan (dated: 6/24/13)
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Fast Eddy's RZ-13-006; CUP-13-006 PAGE 7
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 business hours of operation for the convenience store proposed on Lot 5 are allowed from
5:30 am to 11:00 pm Monday thru Thursday and 5:30 am to 12:00 am Friday and Saturday.
1.3 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.
1.4 Staffls failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.5 The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments on this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns with this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns with this application.
6. PARKS DEPARTMENT
6.1 The Parks Department did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
Fast Eddy's RZ-13-006; CUP-13-006 PAGE 8
In response to your request for comment, the Ada County Highway District (ACRD) staff has
reviewed the submitted application and site plan for the item referenced above. The applicant
shall be required to meet the following conditions of approval:
• Pedestrian Ramp Updates
Minor Improvements Policy: ACRD District Policy 7203.3 states that minor improvements to
existing streets adjacent to a proposed development may be required. These improvements are
to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or
replacement; curb and gutter construction or replacement; replacement of unused driveways with
curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs;
signs; traffic control devices; and other similar items. -
Staff Comments/Recommendations: In accordance with District Policy 7203.3 the applicant
should be required to update the existing ramps located in the following locations so as to be ADA
compliant:
- The driveway on Ustick Road approximately 300-feet west of Venable Avenue.
• Comply with all ACRD Standard Conditions of Approval (attached) as well as all ACRD
Policies.
• A traffic impact fee may be assessed by ACRD and will be due prior to the issuance of a
building permit. This is a separate review process that requires direct plans submittal to the
Development Review staff at the Highway District. For questions regarding the submittal for
impact fee assessment please contact the Development Review staff at 208-387-6170.
• Prior to the construction, repair, or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc.), a permit must be obtained from
ACRD.
Fast Eddy's RZ-13-006; CUP-13-006 PAGE 9
C. Legal Description & Exhibit Map
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Fast Eddy's RZ-13-006; CUP-13-006 PAGE 11
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant a rezone, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
Staff finds that the requested map amendment to C-C is generally consistent with the
provisions of the Comprehensive Plan noted above in Section VII.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that the requested map amendment to the C-C zoning district is generally
consistent with the purpose statement of the commercial districts in that it will provide for the
retail and service needs of the community.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the requested zoning amendment will not be detrimental to the public health,
safety, or welfare. The site is already serviced by City utilities and emergency service
providers. Staff recommends that the Commission and Council consider any oral or written
testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Staff finds that the requested zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (LJDC 11-SB-3.E).
Staff finds rezoning this property to C-C is in the best interest of the City as it is listed in the
Comprehensive Plan as an appropriate zoning district in MU-C designated areas.
2. 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 relocation of the
proposed convenience store and comply with the dimensional & development regulations of
the C-C 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
Fast Eddy's RZ-13-006; CUP-13-006 PAGE 12
Comprehensive Plan Future Land Use Map designation of Industrial for this site. Note: the
proposed use is a principally permitted use in the C-C district; the CUP request is simply to
extend the business hours of operation as discussed in Section IX above.
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 of the property 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
provided to the subject property. Staff 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.
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.
Fast Eddy's RZ-13-006; CUP-13-006 PAGE 8