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HomeMy WebLinkAboutSubway CUP 01-045BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/16/O2 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 1,743 SQ. FT. SANDWICH SHOP (SUBWAY) IN AN L-O ZONE LOCATED AT THE NORTHEAST CORNER OF MAGIC VIEW AND S. ALLEN STREET, MERIDIAN, IDAHO BLAINE AND CYNTHIA JACOBSON, APPLICANT Case No. CUP-O1-045 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on April 2, 2002 and continued until April 16, 2002, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and David McYdnnion Planner II for the Planning and Zoning Department, and Cornell Larsen, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and tal~en oral and written testimony, and having duly FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 16, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 16, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and heating 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in an L-O zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the northeast coruer of Magic View and S. Allen Street, Meridian, Idaho. 5. The owner of record of the subject property is W.H. Moore Company of Boise, Idaho. 6. Applicants are Blaine and Cynthia Jacobson, dba Subway Sandwich and Salads of Boise, Idaho. 7. The subject property is currently zoned L-O. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for drive- thru Subway restaurant. The L-O zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT. 3 in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. 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 and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City'of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. A revised landscape plan shall be submitted prior to the issuance of a Certificate of Zoning Compliance. The revised landscape plan shall include landscaping for the entire perimeter of the property per the approved plan in accordance with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 Meridian Landscape Ordinance. As well as the addition of at least one additional tree on the east side of the property, among the arborvitae, in order to meet the one tree per 35 lineal feet requirement for landscape buffers adjacent to parking. Please note that there is an existing sanitary sewer service line along the east boundary that serves the property to the north. This is a private service line within an easement. The existence of this service line should be considered when placing and selecting trees for this area. A detailed irrigation plan with performance specifications will be required as part of the revised landscape plan. A pathway through landscaping for foot traffic from the surrounding building shall be provided. 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. A new site plan shall be submitted that provides a 25-foot wide driveway aisle width for the northern parking stalls and that provides at least a 9' wide drive-through lane. o 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. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs are prohibited, and will be removed upon 3 days notice to the applicant. 5. Prior to the construction of a second building on the subject property, the developer shall apply for and obtain a conditional use permit for a planned development prior to construction. The hours of operation shall be from 10:00 a.m. to 9:00 p.m. Sunday through Wednesday, and from 10:00 a.m. to ! 1:00 p.m. Thursday through Saturday. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 8. As the development agreement specifically limited uses on the property to office and an ancillary restaurant (included within an office building) as represented at public hearings, a modification would be required prior to City Council approval of the project. The original Development Agreement for the Magic View annexation will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 need to be modified to include the following use as a conditional use for the southeastern parcel: Drive-through Restaurant. Modification of the development agreement requires a separate application and public hearing process and must include all owners of the property included in the original Development Agreement. If drive-throughs are to be considered on this property, staff recommends that they be limited and that the amendment to the development agreement be very specific that it is not a blanket amendment to all of the property. 9. 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 a 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.Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 11.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. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12.As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 13.Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing proposed and existing utility locations. 14.A Certificate of Zoning Compliance and a building permit shall be obtained prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 the start of construction. 15.This conditional use permit shall be voided if the start of construction for the approved use does not begin within 18 months of approval by City Council per MCC11-17-4B. Adopt the Recommendations of the ACHD as follows: The applicant shall provide the District with a copy of a recorded access easement among the parcels for use of the driveway for access to the public street prior to approval. DediCate 29-feet of right-of-way from the centerline of Magic View Drive abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Magic View Drive is a local/local commercial street and is to be brought to adopted standards by the developers of abutting properties. 3. Applicant is proposing two driveways on Magic View Drive; Proposed driveway # 1 is located approximately 110-feet from the intersection of Allen Street and Magic View Drive. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Magic View Drive. Proposed driveway # 2 is located approximately 250-feet from the intersection of Allen Street and Magic View Drive. This location meets District policy and is approved with this application. Pave the driveway to its full-required width and to a point 30-feet beyond the edge of pavement of Magic View Drive. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Allen Street. o Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on Magic View Drive abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section. 5. Replace any damaged curb, gutter, and/or sidewalk on Allen Street to match existing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 improvements. Segments Construction Services staff. number) for details. to be replaced shall be determined by ACHD Contact Construction Services at 387-6280 (with file Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. COntact ACHD's Utility Coordinator at 387- 2516 or 378-6258 (with file number) for details. 7. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. Contact District staff at 387-6170 for details. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 9. Any existing irrigation facilities should be relocated outside of the right-of-way. 10. Comply with the ACHD's Standard Requirements listed in their report dated January 18, 2002. Adopt the Recommendations of Central District Health as follows: 1. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. o The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 4. Applicant shall submit plans for a food establishment review. Adopt the Recommendations of Sanitary Service as follows: Waste Enclosure location site pertaining to the dimensions they look good. However, Applicant shall allow a minimum of 11' inside the gate posts. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: If all drainage is retained on site this project will not impact the District, however, if any drainage leaves the site a Land Use Change / Site application shall be required. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, contact the District on the installation of the pressure system. Fill out questionnaire and return it to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. o All laterals and waste ways shall be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendations of the Meridian Fire Department as follows: A fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. Adopt the Recommendations of the Water Department as follows: Water service for this lot can be obtained from the 10" water main in Magic View Drive. Additionally, adopt the action of the City Council from their Tuesday, April 16, 2002 meeting as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 At this time, perimeter landscaping shall not be required where the future office building will be constructed. This does not waive or eliminate the perimeter landscaping which will be required when the future office building is constructed. 13. 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; it is found that the subiect property is large enough to accommodate the requested drive-thru restaurant use and the required features. A modification to the driveway aisle width on the north side of the property shall be required to accommodate the drive-thru driveway aisle and the adiacent parking. The submitted site plan shows the drive-thru lane as part of driveway asile width. A barrier (e.g., striping) to separate the drive-thru from the parking area driveway. When the applicant or another developer applies for the construction of a second building on this site, it shall be required to apply for a conditional use permit as a planned development or further subdivide the property. If the developer applies for a conditional use permit for a planned development, they shall be required to meet all of the planned development standards as listed in Title 12, Chapter 6 of the Meridian City Code. 14. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 the property as "Mixed/Planned Use Development". It is also found that the development plan to be in harmony wit the Meridian Zoning Ordinance and the Comprehensive Plan. 15. 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 o the same area; it is found that the proposed development will not change the essential character of the general vicinity and will be harmonious with the intended character of the same area, however, it is not in compliance with the intended character of the general vicinity. The intended character, as indicated by the Development Agreement and the Findings of Fact and Conclusions of Law for the Magic View Office Complex, Annexation and Conditional Use Permit, has always been office, with an "ancillary" restaurant. A freestanding (non-ancillary) drive-thru restaurant is not an office use. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use may adversely affect other properties in the general vicinity by means of the speaker/menu board sound, additional traffic and traffic headlights. The applicant has placed the speaker and drive-thru window in a manner that will reduce the intrusion of headlights into the residential neighborhood to the north. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 1 Nevertheless, the spealcer is directed at the residential neighborhood. 17. 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; it is found that the proposed development will be adequately served by the essential public facilities and services listed above, however, when and if the second building is approved on the site, additional sewer and water service lines will need to be installed for said building. 18. 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; it is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 19. 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; it is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use, however, noise from the speaker/menu- board may be detrimental to adiacent properties. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 20. 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; it is found that the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of maior importance. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subiect to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 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; 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; 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; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parlcs, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of maior importance. 5. Prior to granting a conditional use permit in the Limited Office District (L-O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idah° State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained properly; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a drive-thru Subway restaurant, in a L-O zone located at the northeast corner of Magic View and S. Allen Street, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: A revised landscape plan shall be submitted prior to the issuance of a Certificate of Zoning Compliance. The revised landscape plan shall include landscaping for the entire perimeter of the property per the approved plan in accordance with the Meridian Landscape Ordinance. As well as the addition of at least one additional tree on the east side of the property, among the arborvitae, in order to meet the one tree per 35 lineal feet requirement for landscape buffers adjacent to parking. Please note that there is an existing sanitary sewer service line along the east boundary that serves the property to the north. This is a private service line within an easement. The existence of this service line should be considered when placing and selecting trees for this area. A detailed irrigation plan with performance specifications will be required as part of the revised landscape plan. A pathway through landscaping for foot traffic from the surrounding building shall be provided. ° All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. A new site plan shall be submitted that provides a 25-foot wide driveway aisle width for the northern parking stalls and that provides at least a 9' wide drive-through lane. 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 parldng lot lighting shall be in accordance with Ordinance 11-13-4C. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 o o 10. prohibited, and will be removed upon 3 days notice to the applicant. Prior to the construction of a second building on the subject property, the developer shall apply for and obtain a conditional use permit for a planned development prior to construction. The hours of operation shall be from 10:00 a.m. to 9:00 p.m. Sunday through Wednesday, and from 10:00 a.m. to 11:00 p.m. Thursday through Saturday. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. As the development agreement specifically limited uses on the property to office and an ancillary restaurant (included within an office building) as represented at public hearings, a modification would be required prior to City Council approval of the project. The original Development Agreement for the Magic View annexation will need to be modified to include the following use as a conditional use for the southeastern parcel: Drive-through Restaurant. Modification of the development agreement requires a separate application and public hearing process and must include all owners of the property included in the original Development Agreement. If drive-throughs are to be considered on this property, staff recommends that they be limited and that the amendment to the development agreement be very specific that it is not a blanket amendment to all of the property. 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 a 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. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 1 l-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 11. 12. 13. 14. 15. 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. Any temporary occupancy will not exceed 60 days to complete the required improvements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing proposed and existing utility locations. A Certificate of Zoning Compliance and a building permit shall be obtained prior to the start of construction. This conditional use permit shall be voided if the start of construction for the approved use does not begin within 18 months of approval by City Council per MCC 11 - 17-4B. Adopt the Recommendations of the ACHD as follows: The applicant shall provide the District with a copy of a recorded access easement among the parcels for use of the driveway for access to the public street prior to approval. o Dedicate 29-feet of right-of-way from the centefline of Magic View Drive abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested materiai. The owner will not be compensated for this additional right-of-way because Magic View Drive is a local/local commercial street and is to be brought to adopted standards by the developers of abutting properties. 3. Applicant is proposing two driveways on Magic View Drive; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 Proposed driveway # 1 is located approximately 110-feet from the intersection of Allen Street and Magic View Drive. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Magic View Drive. Proposed driveway # 2 is located approximately 250-feet from the intersection of Allen Street and Magic View Drive. This location meets District policy and is approved with this application. Pave the driveway to its full-required width and to a point 30-feet beyond the edge of pavement of Magic View Drive. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Alien Street. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on Magic View Drive abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section. Replace any damaged curb, gutter, and/or sidewalk on Allen Street to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. Contact District staff at 387-6170 for details. 8~ If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 9. Any existing irrigation facilities should be relocated outside of the right-of-way. 10. Comply with the ACHD's Standard Requirements listed in their report dated January 18, 2002. Adopt the Recommendations of Central District Health as follows: 1. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 o Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 4. Applicant shall submit plans for a food establishment review. Adopt the Recommendations of Sanitary Service as follows: Waste Enclosure location site pertaining to the dimensions they look good. However, Applicant shall allow a minimum of 11' inside the gate posts. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: If all drainage is retained on site this project will not impact the District, however, if any drainage leaves the site a Land Use Change / Site application shall be required. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, contact the District on the installation of the pressure system. Fill out questionnaire and return it to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. All laterals and waste ways shall be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendations of the Meridian Fire Department as follows: A fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. Adopt the Recommendations of the Water Department as follows: 1. Water service for this lot can be obtained from the 10" water main in Magic View Drive. Additionally, adopt the action of the City Council from their Tuesday, April 16, 2002 meeting as follows: 1. At this time, perimeter landscaping shall not be required where the future office building will be constructed. This does not waive or eliminate the perimeter landscaping which will be required when the future office building is constructed. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the dayof ~-~ ,2002. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED VOTED VOTED ~,~ VOTED ~ VOTED MOTION: APPROVED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Dated: Z:\WorkXJvlX~eridianqMeridian 153601Vl~Subay~FfClsCUP01-045.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/16/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 1,743 SQ. FT. SANDWICH SHOP (SUBWAY) IN AN L-O ZONE LOCATED AT THE NORTHEAST CORNER OF MAGIC VIEW AND S. ALLEN STREET, MERIDIAN, IDAHO BLAINE & CYNTHIA JACOBSON, APPLICANT Case No. CUP-01-045 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the April 2, 2002 and continued until April 16, 2002, under the provisions of Meridian City Code § 11-17- 4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a drive-thru Subway restaurant in an L-O zone located at the northeast comer of ORDER CONDITIONAL USE PERMIT (CUP-O 1-045) -1 Magic View and S. Allen Street, Meridian, Idaho, subject to the following conditions of use and development: Adopt the RecOmmendations of the Planning and Zoning and Engineering staff as follows: A revised landscape plan shall be submitted prior to the issuance of a Certificate of Zoning Compliance. The revised landscape plan shall include landscaping for the entire perimeter of the property per the approved plan in accordance with the Meridian Landscape Ordinance. As well as the addition of at least one additional tree on the east side of the property, among the arborvitae, in order to meet the one tree per 35 lineal feet requirement for landscape buffers adjacent to parking. Please note that there is an existing sanitary sewer service line along the east boundary that serves the property to the north. This is a private service line within an easement. The existence of this service line should be considered when placing and selecting trees for this area. A detailed irrigation plan with performance specifications will be required as part of the revised landscape plan. A pathway through landscaping for foot traffic from the surrounding building shall be provided. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. A new site plan shall be submitted that provides a 25-foot wide driveway aisle width for the northern parking stalls and that provides at least a 9' wide drive-through lane. 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. o All signage shall be in accordance with the standards set forth in Section 1 !- 14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs are prohibited, and will be removed upon 3 days notice to the applicant. Prior to the construction of a second building on the subject property, the developer shall apply for and obtain a conditional use permit for a planned development prior to construction. ORDER CONDITIONAL USE PERMIT (CUP-01-045) -2 6. The hours of operation shall be from 10:00 a.m. to 9:00 p.m. Sunday through Wednesday, and from 10:00 a.m. to 11:00 p.m. Thursday through Saturday. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 8. As the development agreement specifically limited uses on the property to office and an ancillary restaurant (included within an office building) as represented at public hearings, a modification would be required prior to City Council approval of the project. The original Development Agreement for the Magic View annexation will need to be modified to include the following use as a conditional use for the southeastern parcel: Drive-through Restaurant. Modification of the development agreement requires a separate application and public hearing process and must include all owners of the property included in the original Development Agreement. If drive-throughs are to be considered on this property, staff recommends that they be limited and that the amendment to the development agreement be very specific that it is not a blanket amendment to all of the property. 9. 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 a 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.Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 11.Certificate of Occupancy: Ail 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 ORDER CONDITIONAL USE PERMIT (CUP-O 1-045) -3 accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12.As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 13.Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing proposed and existing utility locations. 14.A Certificate of Zoning Compliance and a building permit shall be obtained prior to the start of construction. 15.This conditional use permit shall be voided if the start of construction for the approved use does not begin within 18 months of approval by City Council per MCC 11-17-4B. Adopt the Recommendations of the ACHD as follows: The applicant shall provide the District with a copy of a recorded access easement among the parcels for use of the driveway for access to the public street prior to approval. Dedicate 29-feet of right-of-way from the centerline of Magic View Drive abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Magic View Drive is a local/local commercial street and is to be brought to adopted standards by the developers of abutting properties. 3. Applicant is proposing two driveways on Magic View Drive; Proposed driveway # 1 is located approximately 110-feet from the intersection of Allen Street and Magic View Drive. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Magic View Drive. ORDER CONDITIONAL USE PERMIT (CUP-01-045) -4 Proposed driveway # 2 is located approximately 250-feet from the intersection of Allen Street and Magic View Drive. This location meets District policy and is approved with this application. Pave the driveway to its full-required width and to a point 30-feet beyond the edge of pavement of Magic View Drive. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Allen Street. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on Magic View Drive abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section. Replace any damaged curb, gutter, and/or sidewalk on Allen Street to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. o Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387- 2516 or 378-6258 (with file number) for details. 7. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. Contact District staff at 387-6170 for details. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 9. Any existing irrigation facilities should be relocated outside of the right-of-way. 10. Comply with the ACHD's Standard Requirements listed in their report dated January 18, 2002. Adopt the Recommendations of Central District Health as follows: 1. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ORDER CONDITIONAL USE PERMIT (CUP-01-045) -5 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 4. Applicant shall submit plans for a food establishment review. Adopt the Recommendations of Sanitary Service as follows: Waste Enclosure location site pertaining to the dimensions they look good. However, Applicant shall allow a minimum of 11' inside the gate posts. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: If all drainage is retained on site this project will not impact the District, however, if any drainage leaves the site a Land Use Change / Site application shall be required. e If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, contact the District on the installation of the pressure system. Fill out questionnaire and return it to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. All laterals and waste ways shall be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendations of the Meridian Fire Department as follows: A fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. ORDER CONDITIONAL USE PERMIT (CUP-O 1-045) -6 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. Adopt the Recommendations of the Water Department as follows: 1. Water service for this lot can be obtained from the 10" water main in Magic View Drive. Additionally, adopt the action of the City Council from their Tuesday, April 16, 2002 meeting as follows: 1. At this time, perimeter landscaping shall not be required where the future office building will be constructed. This does not waive or eliminate the perimeter landscaping which will be required when the future office building is constructed. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the o9~ / dayof ~9//~,d~ ,2002. ORDER CONDITIONAL USE PERMIT (CUP-0 ~-045) -7 D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. \~[~[I 11 IIIIIii \\\\ · ~1" tillI O~ ,,,'~.t '~/r~; ?,,, By: ~ , · 2 g~OZ City Clerk %;. oo~ ,~,?~, w.,,,,' Z:\Wor kCvl~/leridian~vleridian 15360M~Subay\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-01-045) -8