PZ - Sodalicious Staff Recommendation to CommissionSodalicious – AZ H-2018-0046 PAGE 1
STAFF REPORT Hearing Date: June 21, 2018
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Sodalicious – AZ (H-2018-0046)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, 10th & Fairview, LLC, submitted an application for Annexation and Zoning (AZ) of
0.36 of an acre of land with the C-G zoning district. See Section IX of the staff report for more
information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ application in accord with the comments in Exhibit B
and the Findings of Fact and Conclusions of Law in Exhibit D.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2018-0046, as presented in the staff report for the hearing date of June 21,
2018, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number H-2018-0046, as presented during the hearing on June 21, 2018, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2018-0046 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 site is located at 1035 E. Fairview Avenue, in the northeast ¼ of Section 7, Township 3
North, Range 1 East. (Parcel #: S1107120677)
B. Owner(s):
10th & Fairview, LLC
435 E. Shore Drive, Ste. 210
Eagle, ID 83616
C. Applicant:
Same as Owner
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D. Representative:
Hethe Clark, Spink Butler, LLP
251 E. Front Street, Ste. 200
PO Box 639
Boise, ID 83701
E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation & zoning. A public hearing is required before
the Planning & Zoning Commission and City Council on this application, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 1, 2018
C. Radius notices mailed to properties within 300 feet on: May 25, 2018
D. Applicant posted notice on site(s) on: June 8, 2018
VI. LAND USE
A. Existing Land Use(s) and Zoning: There is currently a drive-through restaurant (i.e.
Sodalicious) operating on this site; the property is currently zoned C2 in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: E. Fairview Ave. and commercial uses, zoned C-G
2. East: Commercial property, zoned C-G
3. South & West: Vehicle sales, zoned C-G
C. History of Previous Actions:
A drive-through restaurant (i.e. Sodalicious) was recently approved in Ada County to
operate on this site (Project #201701971-MSP).
This property is currently receiving City water and sewer service. The terms for
provision of sewer service are contained in the Agreement for Extension of Domestic
Sewer Service outside Meridian City Limits #2017-095482, 1st amendment #2018-
001828, and 2nd amendment #2018-012303.
D. Utilities:
1. Public Works:
a. Location of sewer: This property is currently receiving sewer service from the City of
Meridian.
b. Location of water: This property is currently receiving water service from the City of
Meridian.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: None
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District.
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VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated Commercial on the Future Land Use Map (FLUM) contained in
the Comprehensive Plan. The purpose of the Commercial designation is to provide a full range of
commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service
and office uses, multi-family residential, as well as appropriate public uses such as government
offices.
A drive-through restaurant (i.e. Sodalicious) was previously approved in Ada County to operate on
this site (Project #201701971-MSP). The approved site/landscape plan is included in Exhibit B. The
existing use is an appropriate use in the Commercial designation.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the use of this property: (Staff’s analysis in italics)
• “Require all commercial and industrial businesses to install and maintain landscaping.”
(2.01.03B)
Landscaping was required with development of the site in Ada County.
“Reduce the number of existing access points onto arterial streets by using methods such as
cross-access agreements, access management, and frontage/backage roads.” (3.03.02N)
This site was allowed to retain access via E. Fairview Avenue with development in Ada County. A
cross-access easement exists to this property from the property to the east.
“Explore options to annex County parcels that are contiguous with City limits to allow for
more efficient provision of City services.” (3.04.01F)
This site was previously provided with City water and sewer service with the stipulation the
applicant apply for annexation into the City.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zoning District:
Commercial: 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.
B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional
(C), and prohibited (-) uses in the proposed C-G zoning district. A restaurant is listed as a
principal permitted use and a drive-through establishment is listed as a conditional use in the C-
G district when it’s within 300 feet of a residential district or an existing residence and is subject
to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment. However,
because the existing use was approved in the County, no further approvals are required in the
City.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2B-3 for the C-G zoning district.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
The applicant proposes to annex 0.36 of an acre of land into the City with a C-G zoning district
consistent with the Commercial Future Land Use Map designation for the property.
The legal description submitted with the subject application is included in Exhibit C and shows
the boundary of the property proposed to be annexed and zoned. The property proposed to be
Sodalicious – AZ H-2018-0046 PAGE 4
annexed is contiguous to land that has been annexed into the City and is within the Area of City
Impact boundary.
There is an existing restaurant with a drive-through (i.e. Sodalicious) on the site that was recently
approved in Ada County (Project #201701971-MSP). A site plan is included in Exhibit A.2 that
depicts how the site was developed.
Services: City sewer and water services are currently being provided to this property. The
agreement for extension of sewer service (referenced in Section VI) requires the User to submit
an annexation application and enter into a Development Agreement (DA) with the City of
Meridian concerning the use or development of the subject property.
The sewer service agreement states that the DA will include requirements that the use of the
subject property comply with all provisions of the UDC and Meridian City Code, including those
provisions related to land use, specific use standards, landscaping, access, parking, and other
conditions as may be appropriate and necessary to carry out the policies of the Comprehensive
Plan, regulate the uses of property and structures within the City of Meridian, and protect and
promote public health, safety, and general welfare.
Access: Access is provided to this site via E. Fairview Ave. A cross-access easement exists to this
site from the property to the east. Staff recommends a reciprocal cross-access easement is granted
to the property to the east (parcel #S1107120655) in accord with UDC 11-3A-3A.2 as a provision
of the development agreement; however, it may not be feasible at this time to utilize the cross-
access due to the location of the billboard sign. Because parking for the site is located at the
northwest corner of the site along the west boundary, staff does not recommend a cross-access
easement is provided to the west.
Non-Conforming Use: There is an electronic billboard that exists along the east boundary of this
site that was a permitted use under Ada County ordinances. Upon annexation, the billboard will
be considered a non-conforming sign as billboards are prohibited within the City. As such, the
sign is allowed to remain subject to the provisions for non-conforming signs set forth in UDC 11-
1B-6; repair or replacement of LED digital faces on the sign does not constitute replacement or
removal of the sign or sign structure as described in 11-1B-6 and noted in the Agreement for
Extension of Domestic Sewer Service. Note: When the City Council approved the agreement to
provide sewer service to this property, they did so without requiring a sunset clause on the
billboard sign.
The street buffer along E. Fairview Ave. is also non-conforming to UDC standards at 10 feet in
width; the UDC requires a 25-foot wide street buffer along arterial streets. Because the buffer was
previously approved by Ada County, a wider buffer is not required to be provided with this
application.
Certificate of Zoning Compliance (CZC): Because development of this site was approved in
Ada County and no expansions of the use or changes to the site are proposed with this
application, staff does not recommend a CZC is required to be submitted for the existing use.
However, the owner is required to obtain a new Certificate of Occupancy from the Building
Department for the existing use.
Staff has included recommended DA provisions in Exhibit B in accord with the analysis above
and the sewer service agreement.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
Sodalicious – AZ H-2018-0046 PAGE 5
2. Site/Landscape Plan Approved by Ada County
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
D. Required Findings from Unified Development Code
Exhibit A.1: Vicinity/Zoning Map
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Exhibit A.2: Site/Landscape Plan Approved by Ada County
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EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six (6) months of the City Council granting annexation. The DA shall,
at minimum, incorporate the following provisions:
a. The subject property shall comply with all provisions of the UDC and Meridian City Code,
including those provisions related to land use, specific use standards, landscaping, access, parking,
and other conditions as may be appropriate and necessary to carry out the policies of the
Comprehensive Plan, regulate the uses of property and structures within the City of Meridian, and
protect and promote public health, safety, and general welfare.
b. City acknowledges that a nonconforming electronic outdoor advertising sign is installed on the
Subject Property. Such nonconforming sign may remain on the Subject Property subject to the
provisions for nonconforming signs as set forth in Meridian City Code section 11-1B-6, as such
section exists on the date of execution of this Agreement, a copy of which is attached hereto as
Exhibit B. The parties agree and acknowledge that repair or replacement of LED digital faces on
the outdoor advertising sign does not constitute replacement or removal of the outdoor advertising
sign or sign structure as described in Section 11-1B-6 as set forth in Exhibit B.
c. A cross-access easement shall be recorded granting access to the property to the east (parcel
#S1107120655) in accord with UDC 11-3A-3A.2. A copy of said easement shall be
submitted to the City prior to issuance of Certificate of Occupancy.
d. The applicant shall obtain a Certificate of Occupancy from the Building Department for the
existing use upon annexation of the property into the City of Meridian.
e. The owner shall comply with the terms of the Agreement for Extension of Domestic Sewer
Service outside Meridian City Limits #2017-095482, 1st amendment #2018-001828, and 2nd
amendment #2018-012303 included as Exhibit “__” in this agreement.
2. PUBLIC WORKS DEPARTMENT
2.1 The Public Works Department has no comments on this application.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comments on this application.
5. PARKS DEPARTMENT
5.1 The Park’s Department has no comments on this application as no pathways are depicted on the
Pathways Master Plan for this site.
6. ADA COUNTY HIGHWAY DISTRICT
This application is for an annexation and rezone only. Listed below are some site specific conditions of
approval that the District may identify when it reviews a future development application. The District may
add additional conditions of approval when it reviews a specific development application.
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6.1 Site Specific Conditions of Approval
6.1.1 Dedicate additional right-of-way on Fairview Avenue to total 62-feet from centerline. This segment of
Fairview Avenue is listed in the CIP, so the applicant will be compensated for right-of-way dedication.
6.1.2 Relocate the sign that is located near the west property line a minimum of 62-feet from centerline of
Fairview Avenue.
6.1.3 Access to Fairview Avenue is approved as temporary full access, and may be restricted to right -in/right-out
at any time, as determined by ACHD.
6.1.4 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit.
Please contact the ACHD Planner (see below) for information regarding impact fees.
6.1.5 Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact
fee assessment (if an assessment is applicable).
6.1.6 Comply with the Standard Conditions of Approval as noted below.
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Exhibit C: Legal Description & Exhibit Map for Annexation and Zoning Boundary
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D. Required Findings from Unified Development Code
1. ANNEXATION & ZONING/REZONE (UDC 11-5B-3E)
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 an annexation
and/or 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 proposed map amendment to the C-G zoning district is consistent with the
existing use and Comprehensive Plan FLUM designation of Commercial for this site. (See
section VII above for more information.)
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that the proposed map amendment to the C-G zoning district is consistent with the
purpose statement of the commercial district as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning amendment should not be detrimental to the public
health, safety, or welfare. 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 proposed 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 11-5B-3.E).
Staff finds the proposed annexation and zoning of this property is in the best interest of the
City if the applicant complies with the provisions in the Development Agreement included in
Exhibit B.