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HomeMy WebLinkAboutJack in the Box CUP-04-046 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for a Conditional Use Permit for a Fast Food Restaurant with a Drive-through Facility in a C-C Zone for a Jack In The Box restaurant. Case No(s). CUP-04-046 For the City Council Hearing Dates 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 appeariog 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. The applicant, affected property owners, and government subdivisions providing services wi1i1in 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). The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. c. 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. 3. Application and Property Facts a. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-046 - PAGE t of 4 verified that the property owner of record at the time of issuance of these findings is Kimball Properties, LP. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the fmdings required for the 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 II 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 from 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 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: I. The applicant's CUP Site Plan is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibits D. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-046 - PAGE 2 of 4 D. Notice of Applicable Time Limits 1. 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 uruess 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 pennits 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 cornpletion 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 11-17-4.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 fmal 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 pennit 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 Exhibit B: Approved Site Plan Exhibit C: Approved Landscape Plan CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-046 - PAGE 3 of4 Exhibit D: Conditional Use Permit Conditions of Approval Exhibit D: Conditional Use Permit Findings 4~ ,Jd~!-I 2øøS' By action of the City Council at its regular meeting held on the ~ay of~ ~ COUNCIL MEMBER SHAUN WARDLE VOTED-þ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED á~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED- Attest: City Attorney. BY:~,){\Jn~/^( \)!Y\. CIty Clerk's Office Dated: \-IO-oC; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-046 - PAGE 4 of 4 EXHIBIT "A" Legal Description Jack in the Box (CUP-04-046) 8$187/28., 13: 5. 5f 133.8. AuC 28 04 t~:O'" ..,. UN "OOR£ co PDX DEV :í'oS-323-1523 PARCEL I A ""'01 of land - in tho Northoao, Q.""" ODd So.~ Quartor ofS",'ion 20. TowllSblp 3 Nonh, Rooso\ Boøt. BoiseMondion,AdaCo.."y,ldoItn.... sam. b<>ing dopÍ<ll:d ÓD a-rd ofSuMy No. 5441.."",deó July 2, 2001 as.lnotrum..' No. 10106S642,a-rdoor AJltCo11Dty,!dabO.!nO'" portieulorlyd..",ö.d ..followe: CD"""";ngOlIha NOtIhoast-.. orsaid SODticD20, OrWbiDh lb. South..., .OmOTOr saidN- Quctcr- Soolb 00.14' 45" West, 2651.S91èct, Ih<nce alonglh. Norillct1y line of said No""- Quuœr, Sooth 89' 46' 18" West, 132a.41 felt,. ",.POINT OF IŒGINNINOl '¡ 'b. Northwest _ofll1.- J;\ oflbe_Quan" of said S_20; thea..a!onsth. Wo'IerJylineof,aidEutIó. So"" 00" 19' $2" Weot, 55.00 foet, thcuoo along ,Ifoe panJJoI with and 55.00 fOOl souIborIy of'"'" lIortl"..1y line ofScotiOll 20, -89'46> IS" Eut 1213.49 felt 10 0 pojnt 55,00 fBrtWomrlyoftlteEasterly lin. of saidllorthe... Quutor, tlmooealODga IineS5.00 foot watorlyorODr.lparall.1 with ..id Eostor:lylin.. So"", 00' 14' 4S' Wast, 594.66 &.t, Iboa.. North S9" 56' 00" !!æI, 55.00 foct to 0 poi., on the BasOO1y line of ,aid North.... Quartor; - oto.s oaId IiDe 5outb 00' 14' 4$" Weot, 2002,07 foe!"' the Southeoot _or ofsaid North.... 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Wco1er!y linenflhee.., J;\ of"'. 5<>oth..., Qilarler nfsaidScotioa 20; dsaoce ]"';113 said Sobr.!ívisjoa liuo, aIonSoair.! Westerly Ho, Nort1I 00' II' 20" East, IIS.œ foct"' ,heSouth...st OOOIer of tho &at 1\ of lb. North..., Quart<rofsaid S..tion 20; """""'" the Southerly line of the Wast J-Iofth. Norfh_Qoarter South 89' 54' 44' W"", 84,07 ~1heo.'Ieav;og said Iio. N- 01' 42' SZ"!!æI,2649.7S ,"",to "'. Nœtherly liltDoftbaNo...,.... Qilartetofsaid Scotioo20¡dI--olon¡¡l<idliae NorrJ> 89' 4(;' 17" .""10.10 foot to the PCINT OF I3I!GINNJNO. PAGE: .. p. . 6S1a7l20S4 13:" ""2933689 AuC 26 O' 12'0.,.-' UH HOORE CO PDX OEV 208-323-1523 PARCEL 2 Apm:eloflond~......S_..... Quartcror_ou 13, ToWllabip 3 No"¡, Rangol West, Boloe~¡"',AdaCo....,.,Id.bo, the_eboiog4opictodon Rocord ofS"",cy. NO. 5446 -- Joty 2, 2001 ..1..- No. OJ 065643, Records of Ada County, 1daI,o, IJ1OJ'1I particularly dc:scn'be<l .. foJIow8: Rcg¡nn;I18" tile - """'-ofsaid South..... Quertor. ofwhleh tile South..,," corner of':ddSoud>wu1 Quertcr b.... Soulh 00' 00' 26"1!a$t, 2651.3~ feet, tbonce oJoog tho NO<thcrlylino of- Qautor ""d the SouIImty ~ Iinoofl'he Landiog Subdivisian No.7,.. - on... om.w plaí lII.....r-- in 8ook 69," P.go, 7085 through 7086, Ada Co....,.Ilooords¡ III..... North 89' 59' 4:2" Boøt. 1326.84 r.."o "eNOIth.""""""of1l1eNottllwos, Qu.-or s:dd Sootbwoot Qumor; dJIoIeo South 000 01'40" I!a$t, 1326.16 feet 10 1I1eNortherly lÍßh!-Of'waylioo orlnœrstatc HigbwayNo. 84 ..ahownonFoderaI Ai4 ProjoctNo. I-BON-! (\2) 37 on file.. the 0- oftbc Id81u> T.....,,- Dopartm.... BoIoe.ldabo, Ib.... along ...6 rigbt-<>f. way Ii"" NO<th 89' 53' SS" W..., 1327.32 fcct to !he Wcstctly line ofaaid Southwest QIIB1!'~ III.... """S ,aid W<8I<riy Joe N"'¡ ¡ 000 00' 36" Wut, t323.70 feot to tbcPOINT OFBI!GINNING. PAGE ., .. a EXHIBIT "B" Site Plan Jack in the Box (CUP-04-046) I ¡,~ I~ i 15 M Fe .--- _h____--_------! . i i ! i - m__"----h_h______- no. nmh_h_h_" _h'-h-h n_n_-----_h_' _u_- .-- \\\\ ' --~._-~ -_\::.?:~ 'ê~.;-:- "- .::_::=:':':C';':£.-,;7 .;.::::------- JlilCL'( UN TIIIII! II!»! ru.GllI.Ii!lI!D"~rn¡I!.IOi! III\OIIII!!.W EXHIBIT "C" Landscape Plan Jack in the Box (CUP-04-046) L ------------.- EXHIBIT "D" Conditions of Approval Jack in the Box (CUP-04-046) P&ZIPUBLIC WORKS CONDITIONS OF APPROVAL I. This Conditional Use Permit shall be subject to all applicable conditions of approval from the EI Dorado Business Campus (AZ-OI-018, CUP-OI-037, PP-Ol- 020) and Bonito Subdivision (FP-03-010). 2. The existing lot lines shall be modified through the lot line adjustment process and recorded, providing a legal lot to the applicant in the shape shown on the site plan, prior to issuance of a Certificate of Zoning Compliance (CZC). 3. Prior to issuance of a CZC, the applicant shall submit a copy of a recorded cross- access agreement with reconfigured Lot 2, Block 4. 4. The following addition to the landscape plan is required: . Add a planter island in the middle of the row of 25 parking spaces near the eastern property boundary, creating two (2) sections of twelve (12) spaces each. 5. This conditional use pennit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 6. All parking stalls, drive aisles and drive-thru lanes shall be constructed per the dimensions depicted on the submitted site plans and MCC. 7. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 8. Sanitary sewer and water service shall be from service lines currently installed adjacent to the property. 9. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 10. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to review and shall require separate pennits. 11. 12. 13. 14. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 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. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn 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. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all stonns up to and including a 100-year stonn event. Certificate of Occupancy: 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 fonn 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. OTHER AGENCY COMMENTS/CONDITIONS FIRE DEPARTMENT 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Operational fife hydrants and temporary or pennanent street signs are required before combustible construction begins. 5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes the fuel canopy and all landscaping. 6. Provide a Knoxbox entry system for the complex. 7. All processes & storage practices shall be required to comply with the International Fire Code, including, but not limited to, Chapters 22, 27, and 34. 8. Provide exterior egress lighting as required by the International Building & Fire Codes. 9. No Parking signs and painted curbs will be required for all Fire Lanes. SANITARY SERVICES 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. ACHD CONDITIONS OF APPROVAL I. On January 16, 2002, the Ada County Highway District Commissioners acted on Eldorado/Bonito Subdivision. The conditions and requirements also apply to MCUP-04-046. 2. If you have any questions or concerns please feel free to contact this office at (208) 387-6174. CENTRAL DISTRICT HEALTH CONDITIONS OF APPROVAL 1. We will require plans to be submitted for a plan review for any food establishment. IRRIGATION DISTRICT CONDITIONS OF APPROVAL 1. If all stonn drainage is retained on site there will be no impact on N ampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further infonnation. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT "E" Conditional Use Permit Findings Jack in the Box (CUP-04-046) 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 fmd 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: The submitted plan depicts 48 on-site parking stalls. MCC 11-13-5(B)(2) requires both retail uses and restaurants to provide parking at the rate of one space per 200 s.f. of gross floor area. The proposed restaurant/convenience store (4,854 s.f.) requires 24 parking spaces; 50 on-site spaces are proposed-more than double the number required. Landscaping: The required landscape street buffers along Eagle Road and East Goldstone Drive were completed as part of the EI Dorado Business Campus. The applicant has proposed perimeter parking landscaping where required by MCC 12-13-11-2. Staff finds that the subject property, as depicted, is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. Staff notes that the site is about 150 feet smaller than the platted lot lines of Lot 3, Block 4, Bonito Subdivision. A lot line adjustment is proposed to be completed with the City and must be recorded prior to issuance of a Certificate of Zoning Compliance. 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" and it is currently zoned COCo Mixed Use-Regional allows for restaurants, drive-through facilities, and automobile service stations (see Comprehensive Plan, p. 98). Ordinance 11-8-1, Schedule of Use Control, allows for drive-in establishments and automobile service stations through the conditional use process in the C-C zone. The Development Agreement for the c. subdivision also allows for drive-through projects through the conditional use process. The Development Agreement for the subdivision allows for autornobile service stations as a permitted use, eliminating the need for a Conditional Use Permit for the proposed fuel pumps. Staff finds that the requested uses are in compliance with the approved Future Land Use Map and that if approved as a CUP the project will be in compliance with the MCC and Development Agreement. 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 abutting properties to the north, south, and west are part of EI Dorado Business Campus and are intended for development of a similar nature. Properties across Eagle Road to the east are in Silverstone and are also being developed in a similar fashion. The Comprehensive Plan shows that the future intended land use of the area is Mixed Use--Regional. Therefore, staff finds that the proposed development will not adversely change the existing or intended character of the general vicinity. The decision to change the character of the area was already made with the approval of EI Dorado Business Campus and Bonito Subdivision. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; The adjoining properties to the north and south are owned by the same property owner that has consented to submittal of this application. Therefore, staff does not anticipate that the proposed use will adversely affect adjacent properties. The Commission and Council should rely upon public testimony to determine if the development will adversely affect the other property in the vicinity. E. 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; The project has vehicular access from East Goldstone Drive via previously approved curb cuts for Bonito. Stonn drainage for the site will tie into the business development's existing stonn drainage system. ACHD approved the proposed project with no new conditions, except to comply with the conditions already placed on the subdivision. Water and sanitary sewer service to the project is readily available to the site via mains installed as part of the subdivision improvements. I. 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 developer will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; No new trip generation estimates were provided by ACHD, since estimates for the entire subdivision were approved previously when it was subdivided. The approved subdivision plans anticipate up to 8,262 additional vehicle trips per day for the entire EI Dorado Business campus; the proposed project is only a fraction of the pre-approved ultimate traffic volume. Staff finds that no excessive traffic, smoke, fumes, glare or odors will result from the proposed use. H. 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; All vehicular approaches were previously approved with Bonito Subdivision. Staff finds that the proposed use will not create significant interference with traffic on the surrounding public streets. Please refer to ACHD comments for additional detail on this issue. ACHD will not prepare a separate site-specific report for the proposed project and instead have simply required the project to comply with conditions of approval already placed on the subdivision as a whole. That the proposed use will not result in the destruction. loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. Staff has not identified any natural or scenic features on the site.