HomeMy WebLinkAboutJade Plaza 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 restauraut in a C-C Zone, by Sundance Investments (File No. CUP-O4-056)
For the City Council Hearing Date of: AprilS, 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 AprilS, 2005, 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).
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 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 of these
findings is Sundance Investments.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O4-056 -PAGE 1 of4
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 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 from 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 dated
January 4,2005 as shown in Exhibit 8, 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 of4
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 pennits and commence construction of pennanent 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 11-17-4.8.)
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 ofthe 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.
F.
Exhibits
Exhibit A:
Exhibit B:
Legal Description
Approved Site Plan
Exhibit C:
Site Specific and Standard Conditions
Conditional Use Permit Findings
Exhibit D:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O4-056 - PAGE 3 of 4
By action of the City Council at its regular meeting held on the f,'f'
ApYÙ , 2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED-==
Attest:
and City Attorney.
By:.j~~~ ~^-
City Clerk's Office
Dated: 4- - '21-05
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 Descr.iE!ion
~
TEALEY'S LAND
SURVEYING
2501 Boq", ßa.." Rd.' Boise, Ida"" 837°'
(208) ........
'.'{200)-
Project No.: 2815
Oole: April 5, 2005
DESCRIPTION
OF PARCEl "A"
JADE PLAZA
A p""",' of land oe>neIoüng aI portion aI Lot8 I on4 2 of - 1 ai_one Camp¡¡.
S_on.. on file m Book 8!1 aI_elPagao ID295through 10299 mthe Offlceoflh.
-, for - County, ldoho, - parœ1 beír1g aituated In Ihe NW 1/4 of _on 21,
T3N., R IE., SM, -ian,-CounIy,IdeIIo""""'pa~.~y-..IoIIo~.
IIiiIi!III!!Im . ... Iron pill rnøoI<W1g the - oomer 01 aei4 I.ot 1; - along the
NOIIt1 hof.ald Lot 1
South 89"14'25" Eaat 279,38 r.at 10 an Iron pill; --na
South 44"30'34" Eaal28.151O8t 10 an Iron pill on the Eeo tine of - Lot I, Ihenoe
elorlg_EaatIìr1eolLol ,
South 00"13'16" West 18B,37 foe! to 8f1 iTOn pm; thenoe 1e0'lír1g - Eaat lìrJa along .
""parallel- the South Iin.ofaald Lot I
North B!I'S6'50" West 41,32 IO8tIo 8f1 Iron pin; _œ elrighlqles
South QO"O1'ID"Weot 33,BO foe! 10 an Iron pin: Ihenoe eI rightongles
North 8!l"58'5O"Weat 134.21 feet loan Iron pm; thenœ
South 62"06'00" West B9,51 IO8t 10 ... iron pm on the -"'1Jne of .... Lot 2,
_08 aIon9 - _1JrIe - the - ... of .... Lot I
North 31'54'00" West 11190 foeI to "" iron pin maHdng en 8FI Ie point mille WeaI<iI1v
boundary 01 aal4 Lot I; lhanoe8/lm¡ theWHtl!rle of_lot 1
North 00""'1"" East 197.l1li foeIlothe POINT 01' BEGINNING'
- P.- ConI8In811,778 Squore Feet 11- -I, .- or Ieee,
EXHIBIT B
CUP
Drive Thru
Jade Plaza P-O4-056
CU . Plan
Approved SIte
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@..".".~~_w..,.,.---
EXHmIT 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) / PUBLIC WORKS
1. This Conditional Use Permit shall be subject to all applicable conditions of
approval from the Silverstone Corporate Campus Subdivision (CUP-03-044, PP-
03-018 FP-04-016).
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 from 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.
11. 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 1O0-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 W' 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 fire 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 penn anent 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 of300' 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
I. 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 Nampa &
Meridian Irrigation District and no further review will be required.
2.
3.
4.
All laterals and waste ways must be protected.
The developer must comply with Idaho Code 31-3805.
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 tenus 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 acconunodate 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 CoCo 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 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,
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 from the project will experience a change from 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 from 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 ofthe 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 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 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,