Fast Eddy's RZ-13-006 CUP-13-006CITY OF MERIDIAN E IDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW ^'
AND
DECISION & ORDER
In the Matter of the Request for a Rezone of 5.52 Acres of Land fl•om the C-N to the C-C Zoning
District for the Property Located at 710, 730, 750, 770, & 790 W. Usticlc Road; and Conditional Use
Permit for Extended Business Hours of Operation for• Fast Eddy's Located at 710 W. Usticlc Road,
by Steve Eddy.
Case No(s}. RZ-13-006; CUP-13-006
For the City Council Hearing Date of: August 20, 2013 (Findings on September 3, 2013}
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 20, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 20, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 20,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 20, 2013, 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 (LC. §67-6503).
2, The Meridian City Council 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 leas, by
ordinance, established the Impact Area and the Amended Comprehensive Plays of the City of
Meridian, which was adopted April 19, 20l 1, Resolution No. 1 I-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 govea•nmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. Tt 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.
CITY OF MF.R[I~IAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DF;CISION cec. ORDI/R
CASE NO(S). RL-13-006; CUP-13-006
-1-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Cleric and then a copy sewed by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 20, 2013, 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 City Cormcil'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 a rezone and conditional use permit is hereby approved per the
conditions of approval in the attached Staff Report for the hearhrg date of August 20, 2013,
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. 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 consh~uction of permanent footings or sh~uctures on or hI 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.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-SB-6.G.1, the Director may authorize a single extension of the time to commnence the
use not to exceed one (1) two (2) year period. Additional three extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-SB-6F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regidatory taking analysis. Such request nmst be in
writing, and must be filed with the City Clerknot more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a reguuatory takings analysis will
toll the three period within which a Petition for Judicial Review may be filed.
2. Please Yake 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 August 20, 2013
CITY OP MERIDIAN FINDINGS OF FAC"I', CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-006; CUP-13-006
-2-
By action of the City Council at its regular meeting held on the ~3~1 day of
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
np1LDnD
°QS° r Ta y e Weerd
$c
~ o
Attest: r p ~, rry~r "'
~onxo
R ~
aycee H~l~an, City Cletk
~~de iAF AS~j
VOTED
VOTED~~_m--
VOTED
VOTED
VOTED
Copy served upon Applicant, The Planning Department, Public Works Deparhnent and City Attorney.
By:
CITY OP MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). RZ-13-006; CUP-13-006
-3-
EXHIBIT A
STAFF REPORT
Hearing Date: August 20, 2013
TQ: Mayor and City Council
FRAM; Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: Fast Eddy's - RZ-13-006; CUP-13-006
(~E IDIAN~-~-
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Steve Eddy, leas 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 property abuts a residential use from 6:00 am to
5:30 am seven days a week, and from] 1:00 ptn to 12:00 am on Fridays and Sahu•days in accord with
UDC 11-2B-3A.4 for Fast Eddy's convenience store. See Sectio77 IXA/7alysis fo/' /110]'G 717f01'/17LlhOT7.
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.
The Meridian Planning & Zoning Commission heard these items on July 18, 2013 At the public
hearing, the Commission moved to recommend approval of the subiect RZ and CUP requests
a. Summary of Commission Public Hearin:
i. In favor: Steve Eddv
ii. In opposition: None
iii. Commentin: None
iv. Written testimony: Steve Eddv
v. Staff presentin application: Sonya Wafters
vi. Other staff commentin on application: None
b. Ivey Issue(s) of Discussiou by Commission:
i. The UDC does not allow reauests for extender
c. Key Commission Charle(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
2 mmarv of City Council Pu ~lic Hearin
In fav or: Steve Eddy
ii. In opp osition: None
iii. Comm enting: None
~ Writte n testimony: None
~ St f n resentin~ applicat ion: Sonya Wafters
yi. Other staff commenting on anplication• None
~i I{e v Issues of Discussion by Council:
i ne
Past Eddy's K7-13-006; CLJP-13-006 PAGE I
EXHIBIT A
c ev Council Chanties to Commission Recommendation
i. Nine
III. PROPOSED MOTION
Approval
After considering all staff; applicant and public testimony, I move to approve File Numbers RZ-13-
006 8r CUP-13-006 as presented in the staff report for the hearing date of August 20, 2013, with the
followhlgmodifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to decry File Numbers RZ-13-006
& CUP-13-006 as presented during the hearing on August 20, 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 Inoue 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'/a of Section 36,
Township 4 North, Range 1 West
B. Owner(s):
Steve Eddy
2151 N. Greenview Ct.
Eagle, ID 83616
C. Applicant:
Steve Eddy, ST Investments
2151 N. Greenview Ct.
Eagle, ID 83616
D. Applicants 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 & Zoniug Commission and City Council on this matter, consistent with
Meridian City Code Title I1, Chapter 5.
B. Newspaper notifications published on: July ],and 15, 2013(Couunission); Jnly 29, and Au ust
12, 20]3 (Gifu Council)
C. Radius nofices mailed to properties within 300 feet on: June 20, 2013(Commission); July 25,
2013 (City Councip
D. Applicant posted notice on site by: July 8, 2013(Commission); August 9, 2013 (City Council)
Fast Eddy's R/.-13-006; CUP-13-006 PAGE 2
EXHIBIT A
VI. LAND US?/
A. Existing Land Use(s) and Zoning: The land use on the subject property consists of a variety of
uses including a convenience store/fiiel facility/carwash, offices and restaurants.
B. Adjacent Land Use and Zoning:
North: Vacant property owned by the school dish~ict, 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
Fast Eddy's RZ-13-006; CUP-13-006 PAGE 3
EXHIBIT A
C. History of Previous Actions:
• In 2000, the property received the following approvals:
- Annexation (AZ-00-019) with an R-4 zoning dish•ict. 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) fiiel pumps, and adrive-thru coffee stand in a
C-N zonurg dish'ict; 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.
• hi 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-O] 3, Instrument No.
105058639) was approved to allow a car wash, coffee stand/kiosk, fuel pumps, and
office uses as approved with CUP-03-067;
- A modification to the development agreement (MI-OS-008, [nstrumentNo.
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 iu the C-N district to be
allowed on Lots 5, 6, 7, & 8, Block 25 instead of just oftlce 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 L'rigation: There are no canals or ditches on this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site is not withur a flood plain.
Fasl Eddy's RZ-13-006; CiJP-13-006 PAGE 4
EXHIBIT A
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated Mixed Use -Community with a Neighborhood Center (N.C.) overlay on
the Comprehensive Plan Future Land Use Map (PLUM). The purpose of the MU-C designation is to
allocate areas where community-serving nses and dwellings are seamlessly integrated into the urban
fabric. The intent is to integrate a variety opuses, 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 struchu'es will continue to horse 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 eormnercial and industrial businesses to install and maintain landscaping."
(2.01.03B)
TJaere is an existuag landscaped sb•eet buffer on this site along W, UsBck Road and N
Venable Avenue in accord with UDC Table 11-2C-3 and interval perking 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 crud pressure m~ailnble to the site for fn•e protection.
• "Locate small-scale neighborhood commercial areas within plamied residential developments
as part of the development plan."
The existn~g small-scale cormnercial development on this site provides a variety of services to
ea~isting residential raeigTzborhoods arad will provide sernices far futarre neighborhoods in t7~is
area of tlae City.
For the above-stated reasons, staff is of the opinion the proposed use is consistent with the applicable
comprehensive plan policies and is apprropriate 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 nses with access to
arterials or nonresidential collectors.
B. Schedule of Use: Unified Development Code (UDC) Table I 1-2B-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 dist~ict apply to development of this site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendatiori:
Rezone: The applicant's request to rezone 5.52 acres of land fi•orn the C-N to the C-C zoning
district is consistent with the MU-C and N.C. designation shown on the PLUM. The C-C district
is listed in the Comprehensive Plan as a possible zoning choice for MU-C designated areas.
Fast Eddy's RZ-13-00(; CUP-13-006 PAGE 5
EXHIBIT A
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 stare will then be used for storage.
Retail use is a principal permitted use in the C-C disc ict. 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 bushress hours of operation
for the convenience store from 11:00 pm to 12:00 am on Fridays and Safirdays; 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 Iv1U-C. The applicant submitted a letter of support from the adjacent
property owner in support of the proposed rezone to C-C. Note: Tlae convenience store is
czrrently allowed to operate 24 hozn•s a day on Lod 1(770 W. Ustick Rd.) dhrozrgl~ a provision of
the existing denelopntent agreenrewt.
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 shotddn't shine in
their windows creating a dishu~bance as the parking lot is located on the north side of the building
away from the dwelling. The Commission and Cotmcil 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 struchu•es and parking.
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 fiom the Planning Division for the fapade
improvements proposed to the convenience store.
Staff recommends approval of the proposed RZ and CUP with the conditions listed iu Exhibit B.
X. J,rXHH3ITS
A. Drawings
1. Vicinity & Aerial Map
2. Site/Landscape Plan
B. Conditions of Approval
1. Planning Department
2. Public Wa•ks Department
3. Pire Department
Fast Eddy's RZ-] 3-006; CUP-13-006 PAGE 6
EXHIBIT A
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
Past Eddy's R%-13-006; CUP-13-006 PAGE 7
EXIIIBIT A
Exhibit A.1: Vicinity & Aerial Map
Pest Eddy's R1-13-006; CiTP-13-006
PAGE 8
EXHIBIT A
Exhibit A.2: Site Plau (dated: 6/24/13)
() ~jf
Fast Eddy's RZ-13-006; CUP-13-006 PAGE 9
EXHIBIT A
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.
].3 The Applicant shall have a maximum of two (2) yews 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 nse permit must be obtained prior to operation or a time extension
must be requested in accord with UDC 11-SB-6P.
1.4 Staffs failure to cite specific ordinance provisions or teens 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 imlawfiil to use or occupy any building or sh'ucture 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 Deparhnent has no connnents on this application.
4. POLICE DEPARTMENT
4.1 The Police Deparhnent has no concerns with this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns with this application.
6. PARKS DEPARTMENT
6. ] The Parlcs Department did not submit comments on this application
Fast Eddy's RZ-13-006; CUP-13-006 PAGE 10
EXHIBIT A
7. AllA COUNTY HIGHWAY DISTRICT
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 Policv: 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 CommentslRecommendations: 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 ACHD Standard Conditions of Approval (attached) as well as all ACHD
Policies.
• A traffic impact fee may be assessed by ACHD 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 obtainedfrom
ACHD.
Past Eddy's I2Z-13-006; CUP-13-006 PAGE I 1
EXHIBIT A
C. Legal Description & Exhibit Map
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Past Eddy'sIZZ-13-006; CUP-13-006 PAGE 12
EXHIBIT A
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Fast Eddy's RZ-13-006; COP-13-006 PAGE 13
EXHIBIT A
D. Regcured Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the pnblic 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;
The City Council 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;
The City Council finds that the requested map amendment to the C-C zoning disL•ict 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 pnblic health, safety,
and welfare;
The City Council finds that the requested zoning amendment will not be detrimental to the
pnblic health, safety, or welfare. The site is already serviced by City utilities and emergency
service providers.
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 dishicts; and,
The City Council 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 (UDC 11-SB-3.E).
The City Council 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 dishict in MU-C designated areas.
2. Conditional Use Permit (UDC 11-5B-6E)
The Cmmnission shall base its determination mr 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 whicL the use is located.
The City Council finds that the subject property is large enough to accommodate the
relocation of the proposed convenience store and comply with the dimensional &
development re~ilafions of the C-C dish~ict (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 City Council finds that the proposed use is consistent and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of Industrial for this site. Note: the
proposed use is a principally permitted use i~a the C-C distr•ic1,~ the CUP regz~est rs simply to
Fasl Eddy's RZ-13-006; CUP-13-006 PAGE 14
EXHIBIT A
ea-tend tlae busitaess hours of opw•atron ns disczrssecf 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.
The City Council finds that if the applicant complies with the conditions outlined in this
t•eport, the proposed use of the property should be compatible with other uses in the general
neighborhood and with the existuig and intended character of the area.
d. That the proposed use, if it complies with all conditions of the approval unposed, will
not adversely affect other property in the vicinity.
The City Council 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 nse will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structw•es, refuse disposal, water, and sewer.
T'he City Council finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently provided to the subject property. The City Council finds that the proposed «se will
be served adequately by all of the public facilities and services listed above.
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 commwrity.
If approved, the applicant will be financing any improvements required for development. The
City Council 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, fames, glare m• odors.
The City Council 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 City Council finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the City Council finds that the proposed use will
not result in the destruction, loss or damage of any nahu•al, scenic or historic feature of major
importance.
Fast Eddy's RZ-13-006; CUP-13-006 PAGE 8