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HomeMy WebLinkAboutJoltz Internet Cafe, LLC CUP-04-041 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request to Operate a 2,454 Square-Foot Espresso/Internet Café in a CoN Zone, by Joltz Internet Café, LLC Case No(s). CUP-04-041 For the City Council Hearing Date of: December 14,2004 A. Findings of Fact 1. 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 December 14, 2004 public hearing(s). The applicant, affected property owners, and govemment 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 dilly 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. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-041-PAGE 1 of4 In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings Genesis Center, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian 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 bas, 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 govemmental 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 Architecture Northwest, labeled A-l.0, dated June, 2003, 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 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: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-041 - PAGE 2 of 4 I. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June, 2003, 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 pennit 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 milltiple 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 11-17-4.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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-04I - PAGE 3 of 4 Exhibit B: Site Plan Exhibit C: Conditional Use Permit Conditions of Approval Exhibit D: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the :JÄAu.a/lI' ,2001 If" VOTED~ f~ day of COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED aðf'.e-..Á- COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ VOTED By: ~(Hì\=~^ ~ Q fÝ\./ City Clerk's Office Dated: HO-OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-041 - PAGE 4 of4 r EXHIBIT A Legal Description/Deed .. .j EXHIBIT A A"""" ori..., qurÞt ac.... - -, SootiO11lJ, Tcroonabip 3 N<>rtb. lùnge I West, Boiøo~ Ada c~, -, _.. filU...: Bo¡¡jmIio ¡atlhe_.....,oCsa;'¡SectionI3: """"'S_8Ð de¡poeo 49W'East 379.84 fect (fotDlOfly S_SUa- 15'35" Sast379.7' &et)aIoD¡¡tbeNarthlillooføoidS.....IJ, .."....S_O...II'OO"WcatCfcmnorlySood>Odogo..44'25" Woat) 41.00 feet; TheoĊ“ N- 8Ð de- 49:00" W..t 80,10 feet (Ib...rly 80.00 &et) to !be Nor1l>- ,orner of Ihatpmpmy_1n WanantyDeedltlstrumentNe. 9257557, !be mil point ofbeS""'" ..".... SoOlb °desreos 11'00" W...229.D6 feet along Ibo bauwlaryofOlatpmpmy describod in WanantyDoed,_No.!I257557, Thmee - 89"'48'58" W... aIoog Ibo bOWldary oflhat- de!,ribed in Wonaoty Deed,-No. 9257357 ._oflOI.75feet(fcmnorlySoutb89degree., 59'30" W", 101.77 feet)"apoflltoo!bebounclary oflbot - eotI1IayIiItoAda ~Bighway Dim" byIDI_No.97IO3m, Tbcm:a NorthOOdepoeo 1111'15" Eost(_ly Nor1I> OOdepoeo 33'40" Eut)59. 10 feetal<m¡¡ tho ~ of 0Iat - eotI1IayIiI to Ada Couoty Bíp...y Dimiet by lutrument No. 971O31SI, ThaeeNorlhS9depeo49'OO"Woat I59.22 leet(fomJorlyNor1I> 89 degree., t5'35"W.., 159.34 feetjal<m¡¡,oIQllllulldaryofsaidDeed InstnmomtNo.97IOJ]SI, .."....-Iyaloo¡¡saidbOWldaryofsaidDeed.InstrumentNo, 971O3IS1 .- of5.18 fu<:'aIoD¡¡lbe...ar. 297.50 Ibotndi........ to Ibe ris\Uha1<lnsa-ansle of 00 d"""" 59'51" (lbnuerly 00.......59""')"" along ehmd haarius Nor1I> II degteeo 03"'" SuI (ibnnerlyNor1I> 11...36'59"Eut) 5,1S I..; TheDt:eNo_yaloo¡¡saidboolldetyof,'" Deed, Instrument No. 971O3IS1 a llialoo<.0161.1o loetaloo¡¡tha...ara302.50Ibotradiooemve to the left, said eumha1<lnsa..-t "Sle of II dagIaea34'2,!"(-lf II desreos34'21") aodalongohordhaariusNot1ll05 dagIaea46'21" ea"<-ly_06depoeo 19'46"Eostj.diølall<:aar61.00lloal, Thmeealoo¡¡saUlbOWldaryofsaidDeed,luttumeotNo. 971031B1 Nor1I>OO de_oO'5O" West (lDrDIerlyN- 00 dogreea 32'35" Eostj 77.5S i>ot, 'IbaocoaloogsaidboolldetyaCsaid Deed, lmo,_tNo. 97103ISI Nor1I>42 4esree' 5.'33" SuI (fimIIady Narth 43 ""-29'58" Eost) 37.51 fact, Tbcm:aaloo¡¡said~ofsaid Deed,_tNo. 97IOJISI SoothS9 depe. '9'00" Ea" (feomorly_89",,-IS'35"Eostj229.00feettoapoflltbaingNorthOOde- 11'00" _I.oo6otftamlboraalpoflltofbe¡ irm;oa, ThmeeSOliIbOOdogoas 1I'OO"W..I.oo feet tolbo..oIpointofbo!iooing EXHIBIT B Site Plan ~ Charnaeristics of Property T ~.."t:'..."":".:...~=...- -.....-.-........- """"'-""-- "'-""""""'-~"""'" """""""""""""""""'" --_-E."" ===.:.:':."::."~... Mo- "'-.".._'......."',,- ".....""""'-.........- ."""""-"'" ¿¡æ: =-.::;~ =-... ". W~,"'T"""'~_"" ~ ~ """'o.a~CONT.ACTO. (.) ..J ..J ; !! ð ! 'S E ~ ~ ~,~ i ... .... <') ~-"":~ - i~ 1::=F.æ;¡.-¡ re..~=1 ~,..TS~ / _:..~-_.- ~ EXHIBIT C Conditional Use Permit Conditions of Approval Joltz Internet Café (File CUP-04-041) [City Council approved additions shown as underline. deletions shown as ~.] The City Council ofthe 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: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) 1. All applicable conditions of the previously approved Certificate of Zoning Compliance (CZC-03-067), and CUP-03-035 shall also be considered conditions of this Conditional Use Permit (CUP-04-041). 2. The Site Landscape Plan prepared by Architecture Northwest, P.A., labeled A-1.0, dated October 2003, is approved with this application. This CUP approval is only valid for the proposed restaurant/café use only. 3. The hours of operation for the subject restaurant/café shall be restricted to 6:00 am to 10:00 pm, Sunday - Thursday, and 6:00 am to midnight, Friday and Saturday. This restriction shall include deliveries, 4. Off-street parking is approved as shown on the submitted site plan. In accordance with MCC 11-13-5, all standard parking stalls must be maintained at 9-feet by 19-feet minimum, and drive aisles must be at least 25-feet wide. All vehicular use areas shall be paved in accordance with Meridian City Code. 5. No signs are approved with this CUP. All signs will require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 6. No building or other structure 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), 7. All construction shall conform to the requirements of the Americans with Disabilities Act. 8. 9. In accordance with MCC 12-13-8 and MCC 9-1-2, an underground, pressurized irrigation system shall be installed to all landscape areas. Prior to construction, a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord, 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. 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 11-13-4.C. 11. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed use. 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, 12. This conditional use permit shall be valid for a maximum period of 18 months, If construction has not begun within this timeuame, a new conditional use permit must be obtained prior to the start of development. 13. The applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCYIDEP ARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT 1. No comment. SANITARY SERVICE COMPANY 1. No comment. MERIDIAN PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. ADA COUNTY HIGHWAY DISTRICT 1. On July 23, 2003, the Ada County Highway District Commissioners acted on MCUP03- 035. The roadway improvements and approved driveways were constructed with that project. The District does not have any additional requirements for MCUP04-041. CENTRAL DISTRICT HEALTH DEPARTMENT I. We will require plans be submitted for a plan review of any food establishment. EXHIBIT D Conditional Use Permit Findings Joltz Internet Café (CUP-04-041) The City Council hereby approves the following analysis of required findings by staff: STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particillar facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use pennit 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; The applicant is not requesting any modifications to any required setbacks, open space, parking, landscape or any other requirement required by City Ordinance. Parking: The submitted site plan depicts fifty-two on-site parking stalls for this site. The existing building is 9,691 square-feet. Per MCC 11-13-5, the applicant is required to provide a ratio of I stall for every 200 square feet of building. The parking ratio for this site exceeds the minimums for the sum of the different uses (martial arts). Stafffmds that this parking ratio exceeds the minimum parking requirements established in MCC 11-13. Landscaping: Perimeter landscaping was installed with the approval and construction of the subject building for tl1e martial arts center (CUP-03-O35). This site is in compliance with MCC 12-13 (Landscape Ordinance), additional landscaping is not required, Staff finds that the subject property is large enough to accommodate all required setbacks (yards), open spaces, 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 Future Land Use Map designates the property as "Commercial." The subject site is currently zoned CoN (Neighborhood Business District). The purpose of the CoN zone is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood; to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts (MCC 11- 7-2-H). Staff finds that the requested use is consistent with the above-mentioned purpose statement of the CoN zone and the goals, objectives, and action items of the Comprehensive Plan. If approved as a CUP, staff finds that the project will be in compliance with the requirements established by ordinance. c. That the design, construction, operation, and maintenance will be compatible with other nses 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; Similar commercial type uses have been designed, constructed, operated and maintained in this area, Staff finds that the construction, operation, and maintenance of a café will change the existing character of the southeast comer of the Linder RoadlFranklin Road intersection. However, staff does not believe that the change will adversely affect the neighborhood, Staff finds that the proposed restaurant use will not change the intended character ofthe general vicinity, and that the design, operation, and maintenance shoilld be compatible with other uses in the neighborhood. Staff recommends that the Commission and Council reference any written or oral testimonv provided at the public hearing. as well as staffs analvsis. when determining if the proposed use will adverselv change the 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; If the applicant complies with all conditions imposed, staff does not anticipate that the proposed use will have any adverse affect on nearby properties. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staffs analysis, when determining if the proposed use will adversely affect other property in the vicinity. E. That the proposed use will be served adeqnateIy 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; All essential public facilities and City services listed above currently serve this site. On October 8, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions uom the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. G. H. I. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the subject property can be served adequately by all essential public facilities and City services. 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; As noted in the finding above, all public facilities and services are currently provided to this site. All required site improvements/modifications will be funded and constructed by the applicant/developer. Staff finds that the proposed use will not be detrimental to the economic welfare of the community, nor will the use create the need for any new facilities or services to be paid for by the public. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed use will create additional traffic on the adjacent roads. Further, the parking and maneuvering of cars and pedestrians may generate additional noise for surrounding properties. However, staff does not believe that the additional noise should be excessive. To ensure that noise and traffic do not become problematic for the neighborhood. the hours of operation for the café should be limited ITom 6 am to 10 pm. Sundav - Thursday, and 6 am to midnight. Friday and Saturday. If the conditions imposed with this report are complied with, staff finds that the proposed use will not involye activities or processes, materials, equipment 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. 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; Access to the site is currently provided ITom driveways on Franklin Road and Linder Road. No new access poi/its are being requested with this application. If the applicant continues to comply with all of ACHD's requirements, staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. 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 not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing the proposed use to operate on this site.