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HomeMy WebLinkAboutJade Plaza Drive-Through CUP-04-056 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 restaurant in a C-C Zone, by Sundance Investments (File No. CUP-O4-056) For the City Council Hearing Date of: April 5, 2005 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 April 5, 2005, public hearing(s). The applicant, affected property owners, and govermnent subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. c. 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. 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. 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 verified that the property owner(s) of record at the time of issuance ofthese findings is Sundance Investments. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-056 - PAGE I of 4 4. Required Findings per Zoning Ordinance 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 (LC. §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 JTom the govermnental 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 dated January 4,2005 as shown in Exhibit B, and the Site Specific and Standard Conditions as shown 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: 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 4, 2005 is hereby conditionally approved; and, 2. The Site Specific and Standard Conditions are as shown in Exhibit C. D. Notice of Applicable Time Limits CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-056 - PAGE 2 of 4 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 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 ofthe 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 JTom 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 ll-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 Exhibit B: Exhibit C: Approved Site Plan Site Specific and Standard Conditions Exhibit D: Conditional Use Permit Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-056 - PAGE 3 of4 By action of the City Council at its regular meeting held on the b'f' Aprù , 2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED-þ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED --:--- --........ Attest: and City Attorney. By:.j~~~ ~~"- CIty Clerk's Office Dated: 4 -1.\ -05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-056 - PAGE 4 of 4 EXHIBIT A Jade Plaza Drive Thru CUP CUP-O4-056 Legal Desctj,e!ion [ð TEALEY'S LAND SURVEYING 2501e."N'B.sjnfl¡ ._,~a,'oW"~ ¡""')- ,"'-- ProíeclNo.2015 Date. Apnl 5. 2005 DESCRlP1l0N OF PARCEL "A" JADE PLAZA A parcel 01 land conslsung oIPOrlion oIloI8 1 end 2 01 _1.01-"'" Com"". Subdivision .. on file In Book B9 of P1a1a 81 Pages 10295 through 10m In the Of!k:o of 1\>- _or for Ma County, fdaho, - parcel being øituatad In the NW 1/4 of SedI"" 21, UN. R,IE., BM" -,AdsCount)', kIohoand""""pa""'-<larly_..IoIIows, 1lilillJl !q8lanl!onpinßlOl1dn¡ 1I1e_""rnerof"i<f!.atI;_~"" No<Ih Ii1e 01 .oId Lot 1 Sooth 69"14'25" Eaot 219,;8 loot to an - pin: Iheoœ""""g _44'30'34" EaoI2B.15 loot to an in>n pin on tho Eaot "no 01 - lotI; than.. along said Eaotllno of !.at 1 South 00"13'15" West 105,37 foot to an Í!On øln; thonœ ieaYing - East hne al~ng a IIno øorallol_1he South line of oaid !.at 1 North 1!9"50'SO" West 41.3:2 loot '" an Í!On øln; - m right angJeo South 00"01'10" West 33.50_to an.... øtn; thenea at rtghtanglaa North B9"58'50" West 134.21 foot!o an Í!On lln; Ihonce SOuth 52"0000" Woe! eg,51 foot to an irOn pin "" tho So- Dna or .... Lot 2: then.. alor>gsald _lIneandlhe_1Ine or-Loll North 31'54'00" West 111.80 feet to an- IIft malfdng an engIe point In thø Westerty bou~ of:'113~ \:':r =.,.Il1o ",v:' = ~ i::":NNfNQ hid Pan:eI CO......11,778"""" Fool (1- -~ 010111 or I...; EXHIBIT B Jade Plaza Drive Thru CUP CUP-O4-056 Approved Site Plan . ..;ip 1." i --.., ;~¡ EXHIBIT C Jade Plaza Drive Thru CUP CUP-O4-056 Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS OF APPROVAL (CUP) CONDITIONS OF APPROVAL PLANNING & ZONING (P&Z) I PUBLIC WORKS 1. This Conditional Use Permit shall be subject to all applicable conditions of approval JTom the Silverstone Corporate Campus Subdivision (CUP-03-044, PP- 03-018 FP-O4-016). 2. This conditional use permit shall be subject to the expiration provisions set forth inMCC 11-17-4.B. 3. All parking stalls drive aisles and drive-thru lanes shall be constructed per the dimensions depicted on the submitted site plans and MCC. 4. 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. 5. The project shall provide cross-access to the south, as depicted on the site plan. 6. Sanitary sewer and water service shall be JTom service lines currently installed adjacent to the property. 7. 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. 8. 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 permits. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 10. 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. II. 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 storms up to and including a 100-year storm event. 12. 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 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. POLICE DEPARTMENT 1. The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height around the drive through and ATM. Please coordinate the planting with Chief Musser prior to submitting for a Certificate of Zoning Compliance. 2. Passive lighting should be used to ensure that all public areas are well-lit and visible during evening hours. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Coordinate fire hydrant locations with the Fire Marshall, Joe Silva, prior to submitting for a Certificate of Occupancy (CZC). Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fITe hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. b. c. d. e. f. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Building setbacks shall be per the Building Code for one and two story construction. 6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 7. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 8, ADA COUNTY HIGHWAY DISTRICT 1. The Site was originally approved with Silverstone Business Campus MPP-03- 018/MCUP-03-044/MAZ-03-016. The same Conditions and Requirements also apply to MCUP-04-056. 2. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. NAMPA & MERIDIAN IRRIGATION DISTRICT I. If all storm drainage is retained on-site there will be no impact on N ampa & Meridian Irrigation District and no further review will be required. 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 development within the Nampa & Meridian Irrigation District. EXHIBIT D Jade Plaza Drive Through CUP CUP-O4-056 Conditional Use Permit Findings 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; 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. Parking stalls are required at the ratio of one space per 200 s.f. of gross floor area. The building (13,513 s.t) requires 68 parking spaces; 74 spaces are proposed with three additional Handicap Accessible spaces. 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 C-C. Mixed Use-Regional allows for retail and restaurants and drive-through facilities (see Comprehensive Plan, p. 98). Ordinance 11-8-1, Schedule of Use Control, allows for drive-in establishments through the conditional use process in the C-C zone. The Development Agreement for the subdivision also allows for drive-through projects through the conditional use process. Staff fmds 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. 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 abutting properties to the south and west are part of the Silverstone Campus and are intended for development of a similar nature. Properties across Jade Avenue and Silverstone Way to the east are in Silverstone and are also being developed in a similar fashion. The existing rural residence across Overland Road JTom the project will experience a change JTom existing conditions; however, the Comprehensive Plan shows that the future intended land use of the area is designated Low Density Residential. 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 Silverstone Business Campus Subdivisions. 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 property to the south is 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 JTom Silverstone Way and Jade Avenue via Overland Road a previously approved curb cut for Silverstone Corporate Campus Subdivision. 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. 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. Staff finds I. that no excessive traffic, smoke, fumes, glare or odors will result JTom the proposed use, H. That the proposed use will have vehicular approaches to the property which shaD be so designed as not to create an interference with traffic on surrounding public streets; All vehicular approaches were previously approved with Silverstone Corporate Campus Subdivision. Staff finds that the proposed use will not create significant interference with traffic on the surrounding public streets. 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. The Eight-Mile Creek lies upon this site and was addressed in the development of Silverstone Corporate Campus Subdivision. The 10' multiuse pathway along Eight Mile Creek shall be maintained as previously approved.