HomeMy WebLinkAboutEl Dorado Subdivision CUP
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Conditional Use Permit Approval for a Drive- Through
Coffee Shop in an Existing Building, by WH Moore Company
Case No(s).
CUP-04-038
For the City Council Hearing Date of: November 16, 2004
A. Findings of Fact
I. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the November 16, 2004
public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
b.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O4-038 - PAGE I of 4
3. Application and Property Facts
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recornmendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is Kimball Properties Limited Partnership.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit D for the findings required for this application.
B. Conclusions of Law
I. 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 City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received ITom 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 Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan
prepared by Larson Architects, labeled El Dorado Retail Building, SP-1, dated 4-15-04,
as shown in Exhibit B and the Conditions of Approval in Exhibit C. 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-04-038 - PAGE 2 of 4
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
I. The applicant's Site Plan as evidenced by having submitted the Site Plan dated 4-15-04,
is hereby conditionally approved; and
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
I. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-l7-4.B.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O4-038 - PAGE 3 of 4
F.
Exhibits
Exhibit A: Legal Description
Exhibit B: Site Plan
Exhibit C: Conditional Use Permit Conditions of Approval
Exhibit D: Conditional Use Permit Findings
e City Council at its regular meeting held on the
2004.
/4-.r!J- day of
COUNCIL MEMBER SHAUN WARDLE
VOTED I?bo~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED-þ
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED ~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED----===-
and City Attorney.
By: <iHm.nì~
City Clerk's Office
Dated: 12-20-04
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O4-038 - PAGE 4 of 4
EXHIBIT A
Legal Description
IIH MOORE CO
"~8-323-7523
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A parcel of land located in the Nonheast Quarter and Southeast Quaner of Section 2(),
Township 3 Nonh, Range I East, Boise Mericlian, Ada County, Idaho, the same being
depicted on Record of Survey No. 5447 recorded July 2, 2001 as ~strument No.
101065642, Records of Ada County, Idaho, more panicuJarly d¡Cribed as follows:
Commencing at the Nonheast corner of said Seetion 20, ofwhichi the Southeast corner of
said Northeast Quane; bears South O()° 14' 45" Wes~ 2651.89 fe1- thence along the
Northerly line of said North...! Quarter, i
South 89° 46' ]8" West, 1328.41 feet to the POINT OF BEGINNING and the Northwest
corner of the Basi V, of the Northeast Quaner of said Section 20; thence along the
WesterlylineofsaidBastv" I
South O()° 19' 52" West, 55.00 feet; thence along a line parallel With and 55.0() feet
southerly of said Nonberly line of Section 20, I
North 89° 46' 18" Bast 1273.49 feet to a point 55.00 feet Westerl)! of the Easterly line of
said Nonbeast Quarter, thence along sline 55.00 feet Westerly of land parallel with said
Easterly line,
South 00" ]4' 45" West, 594.66 feet, thence
North 89° 56' 06" East, 55.0() feet to a point on the Easterly line ofsaid Nonheast
Quarter; thence alon¡ said line I
South O()° 14' 45" West, 2002,07 feelto the Southeast corner of said Northeast Quarter;
thence along the Easterly line of the Southeast Quarter of said Sec~on 20
SouthO()° 0()' 01" West, 196,19 feet; thence I
North 68' 20' ()9" West 26.90 feet to the Northeast comer of Lot31~' Block 4 of Thousand
Springs Subdivision No. ] as shown 011 the officialp!at thereofre<¡orded in Book 78 at
Pages 8248 through 8249, Ada County Records; thence along the Northerly boundary of
said Subdivision the following courses: I
North 68' 20' 09" West 339.38 feet to the beginning of a tangent curve; thence
Along said eurve to the left having a rOOlus of2S0.0() feet, an arc Ibngth of222.33 feet, a
central angle of 50° 57' 18", and a chord bearing and distance ofsbulh 86° II' 12" West,
215.08 feel; thence tangent from said curve. I
South 60' 42' 33" West, 121.50 feel to the beginnIng ofa tangent curve; thence
Along said eurve to the left ha-yjog a radius of2()0.()0 feet, an an: lþgth of 1 ]6.45 feet, a
ce!11ta1 angle.of33° 21' 36", and a chord bearing and distance Of~Uth 77' 23' 21" West,
I 14.81 feet; thence tangent from said curve
North 85' 55' 51" West, 561.1 I feet to the Westerly bne of the Eas y, of the Southeast
Quaner of said Section 20; thence leaving said Subdivision line, a1 ng said Westerly line
Nonh 00° I I' 26" Eas~ 118.03 feet to the Southwest COrner of the BasI V, of the Northeast
Quarter of said Section 20; thence along the Southerly line of the West Y, of the
Northeast Quaner ~
South 89' 54' 44" West, 84.07 feet; thence leaving said line
North 01' 42' 52" East, 2649.75 feet to the Northerly line of the N rtheast Quarter of said
Section20; thence along said line
North 89' 46' ] 7" Bast, 20.10 feet to the POlNT OF BEGINNING'r
PARCEL 1
p,4
EXHIBIT B
Site Plan
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6,
7,
8,
EXHIBIT C
The City Council of the City of Meridian hereby approves the requested Conditional Use Permit
as requested by the Applicant for the property described in the application, subject to the
following:
A,
Adopt the Recommendations of the Planning and Zoning and Engineering staff and P &
Z Commission as follows:
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP)
1. All conditions of the previously approved El Dorado Business Campus, AZ-O 1-0 18,
CUP-01-037, PP-Ol-020, FP-03-01O, and CZC-04-029 shall also be considered
conditions of the Conditional Use Permit (CUP-04-038) application,
2,
To prevent vehicles ITom entering the drive-through ITom the wrong direction, and to
allow drivers to visually see the barrier, plant some low-lying landscaping or some other
type of visual feature within the 7-foot wide planter island separating the drive-through
lane and the driveway to Overland Road,
3,
To prevent vehicles ITom entering the drive-through ITom the wrong direction, a traffic
control sign shall be installed in the landscape planter located between the drive-thru aisle
and the parking stalls on the north side of the building lease area, Said sign should read
"Do not enter," "Wrong way," or a similar cautionary statement.
4,
The site plan prepared by Larson Architects, labeled SP-1, and dated 4-15-04, showing a
drive through on the eastern portion of the l8K building is approved with the
changes/additions listed herein,
5,
The landscape plan prepared by Sterling Landscape Architecture, labeled Ll,O, and dated
-16-04, modified on 4-28-04 and 5-28-04 is approved as submitted with the following
change:
. Plant some low-lying landscaping or some other type of visual feature within the
7-foot wide planter island separating the drive-through lane and the driveway to
Overland Road,
The number of off-street parking stalls is approved as shown on the submitted site plan,
In accordance with MCC 11-13-5, all standard parking stalls shall be constructed 9-feet
by 19-feet minimum and the drive aisles shall be at least 25-feet wide,
An underground, pressurized irrigation system shall be installed to all landscape areas per
the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2,
Comply with the conditions and comments of all City Departments, and other agencies,
15,
B,
1.
2,
3,
9,
No additional buildings or other structures shall be erected, moved, added to or
structurally altered, nor shall any building structure or land be established or change in
use on this site without first obtaining a Certificate of Zoning Compliance (CZC) ITom
the Meridian Planning and Zoning Department (MCC 11-19-1).
10,
All required improvements must be complete prior to obtaining a Certificate of
Occupancy for the proposed development. A temporary Certificate of Occupancy may be
obtained by providing surety to the City in the form of a letter of credit or cash in the
amount of 110% of the cost of the required improvements (including paving, striping,
landscaping, and irrigation). A bid must accompany any request' for temporary
occupancy, Any temporary occupancy will not exceed 60 days to complete the required
improvements,
11.
If construction has not begun within 18 months of City Council approval, a new
conditional use permit must be obtained prior to the start of development.
12,
Outside lighting shall be designed and placed in such a manner as to eliminate glare and
illumination of the adjoining roadways and properties, in accordance with City Ordinance
Section ll-13-4.C,
13,
All signage shall be in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinance,
14,
All construction shall conform to the requirements of the Americans with Disabilities
Act.
Applicant's (or successor's) failure to comply with any of the terms of approval ofthe
conditional use permit shall be cause for revocation of the conditional use permit.
Adopt the recommendations of the Meridian Fire Department as follows:
Comply with the plan review comments provided by Rich Green for CZC-04-029,
Provide exterior egress lighting as required by the International Building & Fire Codes,
Provide 6" suite number over the entrance to the building. Post suite numbers on the
exterior rear exit.
EXHIBIT D
The City Council hereby approves the following analysis of required findings by staff:
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-
17-3):
A.
That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
Parking stalls are required at the rate of one space per 200 s,f, of gross floor area
forrestaurants (MCC 11-13-5,B), Per this requirement, 94 stalls are required if
this whole building were a restaurant use(s), There are 112 parking stalls provided
on this site, exceeding the City's minimum parking stall ratio, Staff finds that the
project should have ample parking,
The proposed site plan shows a single drive-through window on the eastern end of
the existing building, There is a 7-foot wide planter proposed that separates the
one-way drive-through lane ITom the two-way drive lane coming off of Overland
Road, The drive-through lane will be able to stack approximately 3 to 4 cars,
before idle vehicles would block through traffic, Staffis supportive of the
proposed drive-through lane as it should not interfere with internal traffic flows or
traffic flows on Overland Road, Staff is supportive of the physical barrier
proposed that separates the drive-through lane and the driveway ITom Overland
Road, To further prevent vehicles ITom entering the drive-through ITom the wrong
direction, and to allow drivers to visually see the barrier, staff recommends that
some type oflow-lying landscaping or visual feature be installed within the 7-foot
wide planter island, See Site Specific Condition #2 below,
All existing/proposed building setbacks and landscaping meet the minimum
standards outlined in Titles 11 and 12, Meridian City Code.
Staff finds that the subject property is large enough to accommodate the required
yards (setbacks), open spaces, parking, landscaping and other features required by
the ordinance,
B.
That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The Comprehensive Plan Land Use Map designates the property as "Mixed Use -
Regional," This designation is intended to "provide for a combination of
E.
compatible land uses that are typically developed under a master or conceptual
plan, The purpose of this designation is to identify key areas which are either
infill in nature or situated in highly visible or transitioning areas of the city where
innovative and flexible design opportunities are encouraged,"
MCC 11-8-1, Schedule of Use Control, allows for drive-through establishments
through the conditional use process in C-C zone, Staff finds that the requested
coffee shop with a drive-through is in compliance with the Comprehensive Plan
and that if approved as a CUP the project will be in compliance with Meridian
City Ordinances.
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 is supportive of the site plan design, This area is part of a larger mixed-use
commercial area, which staff believes the applicant has designed to accommodate,
Staff believes that a drive-through coffee shop will be compatible with other
useslbuildings in the area, There is a significant amount oflandscaping being
provided (approximately 20% of the gross land area), and the proposed use is
consistent with the previously approved uses within El Dorado Subdivision,
Staff finds that if the applicant complies with the conditions outlined in this
report. the general design. construction. operation, and maintenance should be
compatible with other uses in the general nei!!hborhood 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 drive-through use will not adversely affect other property in
the area, The Commission and Council should rely upon any public testimony
provided to determine if the development will adversely affect the other property
in the vicinity,
That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Sanitary sewer and water are currently provided to the subject building,
On January 16, 2002, the Ada County Highway District Board of Commissioners
acted on AZ-01-0l8 / CUP-OI-037, El Dorado Business Campus, The conditions,
H.
requirements and restrictions for El Dorado Business Campus also apply to CUP-
04-038,
On September 24,2004, a joint agency/department comments meeting was held
with representatives of key service providers to this property (see end of staff
report for comments), Based on the joint agency/department meeting and other
comments received ITom other agencies/departments, staff finds that the public
services listed above can be made available to accornmodate the proposed use,
The Commission and Council should reference any written and/or verbal
testimony submitted by any public service provider, regarding their ability to
adequately service this project.
F,
That the proposed use will not create excessive additional requirements at
public cost 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 zoning and subsequent development will not be
detrimental to the community's economic welfare,
G.
That the proposed use will not involve activities or processes, materials,
eqnipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke. fumes, glare or odors;
Staff recognizes that traffic and noise will increase with the approval of a drive-
through in this location; however, staff does not believe that the amount generated
will be detrimental to the general welfare of the public, Staff does not anticipate
the proposed use will create excessive noise, smoke, fumes, glare, or odors, Staff
finds that the proposed drive-through use will not be detrimental to people,
property or the general welfare of the area,
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
The applicant is not proposing to construct any new vehicular approaches int%ut
of the property. ACHD considers vehicular approaches in their analysis of
projects and has previously approved the access points for this parcel. The
applicant is proposing to utilize these previously approved access points, one on
Overland Road, and one on Bonito Way,
The proposed site plan shows a single drive-through window on the eastern end of
the existing building, There is a 7-foot wide planter proposed that separates the
one-way drive-through lane ITom the two-way drive lane coming off of Overland
Road, The drive-through lane will be able to stack approximately 3 to 4 cars,
before idle vehicles would block through traffic, Staff is supportive of the
proposed drive-through lane as it should not interfere with internal traffic flow or
traffic flows on the abutting roadways,
I.
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 is unaware of any natural of scenic features of major importance on this site
and finds that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and zoning application, Any existing trees
larger than 4" caliper that are removed shall be mitigated for, per the Landscape
Ordinance,