HomeMy WebLinkAboutCentral Valley Corporate Park CUP-03-072
BEFORE TIlE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 03-16-04
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A DRIVE~TBRU )
WINDOW FORA PROPOSED )
COFFEE SHOP IN A C-G ZONE )
LOCATED IN THE CENTRAL )
VALLEY CORPORATE PARK )
JUST NORTH OF WINCO FOODS )
AT THE NORTHEAST )
INTERSECTION OF CENTRAL )
DRIVE AND PROGRESS A VENUE, )
MERIDIAN, IDAHO )
)
NAHAS ENTERPRISES, )
APPLICANT )
)
Case No. CUP-03~072
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use pennit application having come before the City
Council on March 16,2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department,
and Billy Ray Strite, 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 taken oral and written testimony, and having duly considered the matter, the City Council
hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit:
FJNDINGS OF FACT
FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 1 OF 17
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 March 16,2004, 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 March 16, 2004, public hearings; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction ofthe
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 967-6509, 6512, and Meridian City Code SS 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. This proposed development request is in a C-G zone and by reason of the
provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located in the Central Valley Corporate Park just north of Win co
Foods at the northeast intersection of Central Drive and Progress Avenue Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 2 OF 17
5. The owner ofrecord of the subject property is Nahas Enterprises.
6. Applicant is Nahas Enterprises.
7. The subject property is currently zoned C-G. The zoning district ofC-G is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a Conditional Use Permit approval for a new
16,490 square foot retail building which will include a 1,500 square foot coffee shop and a
proposed drive-thru window for the coffee shop in the C-G zone. The C-G zoning designation
within the City of Meridian Zoning and Development Ordinance requires a Conditional Use
Permit be obtained for a drive-thru. (MCC 11-8-1).
9. The proposed application is 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 3 OF 17
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Add a condition stating that parking stalls may be 17' with a 2' overhang of a 7' walk as
proposed.
2. Delete condition #11 on page 5 and add a condition stating that the applicant has agreed
to revise CC&R's to include a cross-access agreement. (Applicant has complied and
submitted revised CC&R's at the City Council meeting of March 16,2004, which
includes the cross-access agreement language for Parcel D and Parcel E.)
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. This conditional use permit shall be subj ect to the expiration provisions set forth in MCC 11-
17 -4.B.
2. Sanitary sewer and water service shall be from existing service lines on the property,
3. All exterior lighting, whether attached to the building or located within the parking lot, shall
be down-shielded or otherwise directed 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 ofthe City
Zoning and Development Ordinance. All signage is subject to design review and shall require
separate permits.
5. All construction and site improvements shall conform to the requirements ofthe Americans
with Disabilities Act and the adopted building and fire codes.
6. No building or other structure shall be erected, moved, added to or structurally altered, nor
shall any building structure or land be established or change in use on this site without first
obtaining a certificate of zoning compliance (CZC) from the Meridian Planning and Zoning
Department (MCC 11-19-1).
7. Staff's failure to cite specific ordinance provisions or terms ofthe approved conditional use
does not relieve the Applicant of responsibility for compliance.
8. The subject conditional use permit may be revoked or modified by the City Council upon
notice and hearing, for breach or violation of approval or limitation of the permit (MCC 11-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 4 OF 17
17-11).
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 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. 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.
11. Applicant has agreed to revise CC&R's to include a cross-access agreement. (Applicant has
complied and submitted revised CC&R's at the City Council meeting of March 16,2004,
which includes the cross-access agreement language for Parcel D and Parcel E.)
12. Parking stalls may be 17' with a 2' overhang of a 7' walk as proposed.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Y2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
2. All entrance and internal roads shall have a turning radius of28' inside and 48' outside.
3. The roadways shall be built to Ada County Highway Standards and shall have a clear driving
surface, available at all times, which is 20' wide. Streets with less than a 29' street width
shall have no parking. Streets with less than 33' shall have parking only on one side.
4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 5 OF 17
5. Commercial and office occupancies will require a fire-flow consistent with the International
Fire Code to service the proposed project. Fire hydrants shall be placed an average of300'
apart.
6. The fire department requests that any future signalization installed as the result of the
development ofthis proj ect 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
D. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. We will require plans be submitted for a plan review for any beverage establishment.
E. Adopt the Recommendations of ACHD as follows:
1. When the property abutting Progress Avenue is submitted for review, the District may
have additional comments related to driveways on Progress Avenue.
2. If the site plan or use should change in the future, ACHD will review the site plan and
may require improvements to the transportation system at that time.
3. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a
building permit. Developer needs to contact the District for information regarding impact
fees.
4. Prior to the construction or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc.) a permit or license agreement
must be obtained from ACHD.
F. Adopt the Recommendations of Sanitary Services as follows:
1. Applicant needs to show trash enclosures and coordinate with SSe.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 6 OF 17
13. It is found that the subject property is large enough to accommodate the required
parking, landscaping and other features required by the ordinance.
14. The Comprehensive Plan Land Use Map designates the property as "Commercial"
and the property is currently zoned C-G. It is found that the requested use is in compliance with
the approved Future Land Use Map.
15. It is found that the proposed development will not adversely change the existing or
intended character of the general vicinity. The proposed retail building is compatible with the
existing structures within the Central Valley Corporate Park which have been constructed on
neighboring properties. The proposed drive-thru will be compatible with the existing commercial
uses near the subject property which include Winco Foods, Taco Time and a Chevron gas station and
the proposed restaurant to be located immediately west of the subject property. Additionally, the
proposed drive-thru will take access off of a private drive aisle and will have minimal impact on
public roads near the subject property.
16. It is not anticipated that the proposed use will adversely affect adjacent properties.
17. It is found that the proposed development can be adequately served by the
essential public services such as roads, water, and sewer. Up-to-date facilities were installed
when Central Valley Corporate Park was platted.
18. It is found that the proposed retail building will 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. Up-to-date facilities were installed when Central Valley Corporate Park was
platted.
19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERl\llT
PAGE70F17
proposed drive-thru. The proposed drive-thru will take access off of a private drive aisle and will
have minimal impact on the traffic of surrounding public streets.
20. It is found that the proposed use will not create significant interference with any
traffic on the surrounding public streets. The proposed drive-thru will be accessed off of a
private drive aisle. Review of ACHD comments will provide additional detail on this issue.
21. It is found that the proposed development will not result in the destruction, loss or
damage of other natural features.
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. 967-6503).
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, subject 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE80F17
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 S 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 ofthis 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, ifit complies with all conditions ofthe 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) parks, 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, 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 major importance.
5. Prior to granting a conditional use permit in the C-G zone, 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 S 11-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 17
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 ofthis 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 application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9
11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions ofthat 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 property;
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 10 OF 17
8. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 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 hereby ORDER and this does
Order that:
1. That the above named applicant is granted a conditional use permit for a five (5)
lot commercial subdivision including four (4) office buildings, car wash, two fuel pumps and a
drive-through coffee stand in a C-G zone, subject to the following conditions of use and
development, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Add a condition stating that parking stalls may be 17' with a 2' overhang of a 7' walk as
proposed.
2. Delete condition #11 on page 5 and add a condition stating that the applicant has agreed
to revise CC&R's to include a cross-access agreement. (Applicant has complied and
submitted revised CC&R's at the City Council meeting of March 16,2004, which
includes the cross-access agreement language for Parcel D and Parcel E.)
B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as
follows:
1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
17-4.B.
2. Sanitary sewer and water service shall be from existing service lines on the property.
3. All exterior lighting, whether attached to the building or located within the parking lot, shall
be down-shielded or otherwise directed so that the light does not spill over onto adjacent
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 11 OF 17
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.
5. All construction and site improvements shall conform to the requirements ofthe Americans
with Disabilities Act and the adopted building and fire codes.
6. No building or other structure shall be erected, moved, added to or structurally altered, nor
shall any building structure or land be established or change in use on this site without first
obtaining a certificate of zoning compliance (CZC) from the Meridian Planning and Zoning
Department (MCC 11-19-1).
7. Staffs failure to cite specific ordinance provisions or terms ofthe approved conditional use
does not relieve the Applicant of responsibility for compliance.
8. The subject conditional use permit may be revoked or modified by the City Council upon
notice and hearing, for breach or violation of approval or limitation ofthe permit (MCC 11-
17-11).
9. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices
for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal
into surface water is prohibited unless the jurisdiction which has authority over the receiving
stream provides written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
10. 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.
11. Applicant has agreed to revise CC&R's to include a cross-access agreement. (Applicant has
complied and submitted revised CC&R's at the City Council meeting of March 16, 2004,
which includes the cross-access agreement language for Parcel D and Parcel E.)
12. Parking stalls may be IT with a 2' overhang of a l' walk as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMlT
PAGE 12 OF 17
C. Adopt the Recommendations ofthe Meridian Fire Department as follows:
1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 1'2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe
hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
2. All entrance and internal roads shall have a turning radius of28' inside and 48' outside.
3. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only on
one side.
4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
5. Commercial and office occupancies will require a fire-flow consistent with the International
Fire Code to service the proposed project. Fire hydrants shall be placed an average of300'
apart.
6. The fire department requests that any future signalization installed as the result of the
development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost ofthis installation is to
be borne by the developer
D. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval from
appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run~offis not to create a mosquito breeding problem.
4. We will require plans be submitted for a plan review for any beverage establishment.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 13 OF 17
E. Adopt the Recommendations of ACHD as follows:
1. When the property abutting Progress Avenue is submitted for review, the District may
have additional comments related to driveways on Progress Avenue.
2. If the site plan or use should change in the future, ACHD will review the site plan and
may require improvements to the transportation system at that time.
3. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a
building permit. Developer needs to contact the District for information regarding impact
fees.
4. Prior to the construction or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc.) a permit or license agreement
must be obtained from ACHD.
F. Adopt the Recommendations of Sanitary Services as follows:
1. Applicant needs to show trash enclosures and coordinate with SSe.
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 Department, the Public
Works Department and any affected party requesting notice.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 14 OF 17
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. Ifthe 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 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.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF 17
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 9 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 / ;1-1.& day of
/l;ff; 2
, 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED*
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 4-(.;J -;9 4-
VOTED
MOTION:
APPROVED: )(
DISAPPROVED:
Attest:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 16 OF 17
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 17 OF 17
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A DRIVE- THRU
WINDOW FOR A PROPOSED
COFFEE SHOP IN A C-G ZONE
LOCATED IN THE CENTRAL
VALLEY CORPORATE PARK
JUST NORTH OF WINCO FOODS
AT THE NORTHEAST
INTERSECTION OF CENTRAL
DRIVE AND PROGRESS A VENUE"
MERIDIAN, IDAHO
NAHAS ENTERPRISES,
APPLICANT
C/C 03/16/04
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Case No. CUP-03-0n
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on March 16, 2004, under the
provisions of Meridian City Code g 11- I 7-4 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 five (5)
lot commercial subdivision including four (4) office buildings, car wash, two fuel pumps and a
drive-through coffee stand in a C-G zone, subject to the following conditions of use and
development:
ORDER CONDITIONAL USE PERMIT
(CUP-03-072)
PAGEIOF7
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Add a condition stating that parking stalls may be 17' with a 2' overhang of a 7' walk as
proposed.
2. Delete condition #11 on page 5 and add a condition stating that the applicant has agreed
to revise CC&R's to include a cross-access agreement. (Applicant has complied and
submitted revised CC&R's at the City Council meeting of March 16,2004, which
includes the cross-access agreement language for Parcel D and Parcel E.)
8. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
17-4.8.
2. Sanitary sewer and water service shall be from existing service lines on the property.
3. All exterior lighting, whether attached to the building or located within the parking lot, shall
be down-shielded or otherwise directed 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 pennits.
5. All construction and site improvements shall conform to the requirements ofthe Americans
with Disabilities Act and the adopted building and fire codes.
6. No building or other structure shall be erected, moved, added to or structurally altered, nor
shall any building structure or land be established or change in use on this site without first
obtaining a certificate of zoning compliance (CZC) from the Meridian Planning and Zoning
Department (MCC 11-19-1).
7. Staffs failure to cite specific ordinance provisions or terms of the approved conditional use
does not relieve the Applicant ofresponsibility for compliance.
8. The subject conditional use permit may be revoked or modified by the City Council upon
notice and hearing, for breach or violation of approval or limitation ofthe permit (MCC 11-
17-11).
ORDER CONDITIONAL USE PERMIT
(CUP-03-072)
PAGE 2 OF7
9. A drainage plan designed by a State ofldaho 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 ofStonn Water Best Management Practices
for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal
into surface water is prohibited unless the jurisdiction which has authority over the receiving
stream provides written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a
Certificate of Occupancy for the proposed development. A temporalY 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.
11. Applicant has agreed to revise CC&R's to include a cross-access agreement. (Applicant has
complied and submitted revised CC&R's at the City Council meeting of March 16,2004,
which includes the cross-access agreement language for Parcel 0 and Parcel E.)
12. Parking stalls may be IT with a 2' overhang of a 7' walk as proposed.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
2. All entrance and internal roads shall have a turning radius of28' inside and 48' outside.
3. The roadways shall be built to Ada County Highway Standards and shall have a clear driving
surface, available at all times, which is 20' wide. Streets with less than a 29' street width
shall have no parking. Streets with less than 33' shall have parking only on one side.
4. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature
landscaping.
ORDER CONDITIONAL USE PERMIT
(CUP-03-072)
PAGE30F7
5. Commercial and office occupancies will require a fire-flow consistent with the International
Fire Code to service the proposed project. Fire hydrants shall be placed an average of300'
apart.
6. 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
D. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. We will require plans be submitted for a plan review for any beverage establishment.
E. Adopt the Recommendations of ACHD as follows:
1. When the property abutting Progress Avenue is submitted for review, the District may
have additional comments related to driveways on Progress A venue.
2. If the site plan or use should change in the future, ACHD will review the site plan and
may require improvements to the transportation system at that time.
3. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a
building permit. Developer needs to contact the District for information regarding impact
fees.
4. Prior to the construction or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc.) a pennit or license agreement
must be obtained from ACHD.
F. Adopt the Recommendations of Sanitary Services as follows:
1. Applicant needs to show trash enclosures and coordinate with sse.
ORDER CONDITIONAL USE PERMIT
(CUP-03-072)
PAGE40F7
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 Pennit Holder, this conditional use pennit is not transferable without
complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to
this permit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURA TION
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 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
ORDER CONDITIONAL USE PERMIT
(CUP-03-072)
PAGE 5 OF7
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.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
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.
Please take notice that this is a final action of the governing body ofthe City of
Meridian, pursuant to Idaho Code S 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 /316. day of
~'7
. 1(,
,2004.
ORDER CONDITIONAL USE PERMIT
(CUP-03-072)
PAGE60F7
Attest:
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ORDER CONDITIONAL USE PERMIT
(CUP-03-072)
PAGE 7 OF 7