HomeMy WebLinkAboutZiggi's Coffee Shop H-2024-0035 Findings CITY OF MERIDIAN E IDIAN;�--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ! DAHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for Ziggi's Coffee Shop, Located at 4801 S.
Tavistock Avenue in the C-N Zoning District,by KM Engineering.
Case No(s).H-2024-0035
For the Planning& Zoning Commission Hearing Date of: October 3rd,2024 (Findings on October
17t",2024)
A. Findings of Fact
I. Hearing Facts (see attached Staff Report for the hearing date of 10/03/2024, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of 10/03/2024, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of 10/03/2024,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of 10/17/2024, incorporated by reference)
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian,which was adopted April 19, 2011,Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision,which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-00351
Page 1 [127]
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of 10/03/2024, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning& Zoning Commission's authority as provided in Meridian City Code § 1I-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for a conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of 10/03/2024, attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two (2)years unless otherwise approved by the City in accord with UDC 11-5B-6F.1.
During this time,the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting, the final plat must be
signed by the City Engineer within this two (2)year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1,the Director may authorize a single extension of the time to commence the
use not to exceed one (1)two(2)year period. Additional time extensions up to two(2)years as
determined and approved by the Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28) days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of 10/03/2024
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-00351
Page 2 [128]
17th
By action of the Planning&Zoning Commission at its regular meeting held on the day of
October ,2024.
COMMISSIONER MARIA LORCHER, CHAIRMAN VOTED
COMMISSIONER JARED SMITH,VICE CHAIRMAN VOTED
COMMISSIONER BRIAN GARRETT VOTED
COMMISSIONER ANDREW SEAL VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MATTHEW SANDOVAL VOTED
COMMISSIONER SAM RUST VOTED
Maria Lorcher, Chairman 10-17-2024
Attest:
Chris Johnson, City Clerk 10-17-2024
Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
By: Dated: 10-17-2024
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-00351
Page 3 [129]
Exhibit A
COMMUNITY DEVELOPMENT
C��fEFIDIAN*,-
DEPARTMENT REPORT A H O
HEARING 10/3/2024 legend
DATE: Project location --- - `•
TO: Planning&Zoning Commission Area of Impact
i= City Limits -- -- -
FROM: Nick Napoli,Associate Planner O Analysis --------
208-884-5533
nnapoli@meridiancity.org
APPLICANT: Connor Lindstrom
SUBJECT: H-2024-0035
Ziggi's Coffee
LOCATION: 4801 S. Tavistock Avenue, in the North
'/z of Section 33, T.3N., ,R.IE. (Parcel
#R3636010020) @ �
I. PROJECT OVERVIEW
A. Summary
Conditional Use Permit to construct and operate an 825 square foot Drive Through Establishment
in the C-N zoning district,by KM Engineering.
B. Issues/Waivers
Staff has concerns with the queuing extending into the private drive aisle during peaks hours and
trash pickup going through the drive through to access the enclosure (preliminary approval was
granted from Republic Services to the applicant).
C. Recommendation
Staff:Approval with conditions.
D. Decision
select:Pending.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 4 [130]
II. COMMUNITY METRICS
Table 1: Land Use
Description Details Map Ref.
Existing Land Use(s) Vacant -
Proposed Land Use(s) Restaurant/Drive Through Establishment -
Existing/Proposed Zoning C-N Zoning V.A.2
Future Land Use Designation Mixed Use Neighborhood V.A.3
Table 2: Process Facts
Description Details
Preapplication Meeting date Tuesday,May 14,2024
Neighborhood Meeting 6/13/2024
Site posting date 9/20/2024
Table 3: Community Metrics
Agency/Element Description/Issue Reference
Ada County Highway District III.D
• Comments Received Yes -
• Commission Action Required No -
• Access Access is proposed off an existing private drive aisle. -
• ITD Comments Received No
Meridian Public Works Wastewater Distance to Mainline: Stubbed to site;Impacts or Concerns:
No
Meridian Public Works Water Distance to Mainline: Stubbed to site;Impacts or Concerns:
No
See City/Agency Comments and Conditions Section for all department/agency comments
received or see the public record(Please insert this link into your preferred browser:
https://weblink.meridiancity.org/WebLinkBrowse.aspx?id=356831&dbid=0&repo=MeridianCit
Y)•
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 5 [131]
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code (UDC)
A. General Overview
This property is designated as Mixed-Use Neighborhood(MU-N)on the Future Land Use Map
(FLUM). The use of a drive through coffee shop (restaurant)is consistent with the comprehensive
plan for the MU-N designation.
The subject site is among several commercially zoned properties surrounding the intersection of
S. Tavistock Avenue and E.Amity Road. The proposed use of a restaurant with a drive-through
aligns with the desired uses specified within the Mixed-Use Neighborhood designation in the
Comprehensive Plan, as noted above. In conjunction with the already approved daycare
development directly to the southwest and the currently approved and under-construction
commercial, the proposed use satisfies the general Mixed-Use Neighborhood future land use
designation for this area.
A restaurant is a permitted use in the C-N zoning district but the drive through is within 300 feet
of a residential district therefore a conditional use permit is required. The proposed restaurant and
drive through are required to comply with UDC 11-4-3-11 and 11-4-3-49.
Table 4: Proiect Overview
Description Details
History AZ-15-004(DA#2015-061375);H-2016-0092(MDA#2016-119080);H-
2018-0127(MDA-2nd Addendum to DA#2019-033207);H-2019-0134
(MDA—31 Addendum DA#2020-059662);H-2020-0080(MDA 4m
Addendum DA 2020-117720);H-2020-0055 Hill's Century Farm North
No.1 Final Plat
Acreage 0.497 acre
B. Site Development and Use Analysis
1. Proposed Use Analysis (UDC 11-2):
The proposed use of a restaurant and drive-through establishment aligns well with the Mixed-
Use Neighborhood(MU-N)future land use designation,which supports a blend of
residential, commercial, and recreational uses. By offering service options within proximity
to both residential areas and existing commercial developments, this project contributes to the
community's overall livability and sustainability. Specifically, it adheres to Policy 3.06.02B,
which encourages and supports mixed-use areas that provide the benefits of living, shopping,
dining, and working nearby, thereby reducing vehicle trips. Additionally, the proposal is
consistent with Policy 3.07.02B,which recommends locating smaller-scale,neighborhood-
serving commercial uses in clusters that complement and provide convenient access to nearby
residential areas,while minimizing direct access to major roadways. The establishment's
location adjacent to E.Amity Road and within the Hills Century Farm North and Commercial
subdivisions enhances its accessibility and supports the local commercial landscape, fulfilling
the need for such amenities in the immediate and broader community.
2. Dimensional Standards (UDC 11-2):
Development of the site shall comply with the dimensional standards of the C-N zoning
district in UDC Table 11-213-3. Business hours of operation shall be limited from 6:00 a.m. to
10:00 p.m in accord with UDC 11-2B-3B. Staff has reviewed the proposed plans and
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
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building elevations and they comply with the required standards. The hours of operation
proposed by the applicant are 6:00 am to 7:00 pm which complies with the required
standard.
3. Specific Use Standards (UDC 11-4-3):
Drive-Through Establishment UDC 11-4-3-11 and Restaurant UDC 11-4-3-49:
Drive-Through Establishment: The proposed drive-through establishment is subject to the
specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment. All
establishments providing drive-through service are required to identify the stacking lane,
menu, and speaker location (if applicable), and window location on the site plan. The site
plan is also required to demonstrate safe pedestrian and vehicular access and circulation on
the site and between adjacent properties. At a minimum,the plan is required to demonstrate
compliance with the following standards:
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive
aisles, and the public right-of-way by patrons;
The proposed restaurant features a drive-through lane with space to queue 8 vehicles
along with an escape lane located on the west side of the site, outside of the drive-
through lane. The drive-through itself starts at the south side of the building and exits at
the north side,facing west. The concept plan also shows that the stacking lane is separate
from the drive aisles and parking, however, staff has some concerns about peak hour
stacking as it may back out into the private drive aisle and obstruct traffic impacting
neighboring businesses. Staff recommends the property owner work with the
neighboring property to the west to create shared access between the two properties.
This will allow for additional stacking on site but parking will be reduced. Staff also
recommends that the Applicant install additional signage and parking lot striping to
clearly mark and guide traffic safely throughout the site.Staff has discussed these
modifications but they have elected to move forward with the site plan as submitted.
2) The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking, except stacking lanes may provide access to designated employee parking.
The stacking lanes are separate from the circulation lanes for parking, however staff still
has concerns that vehicles could block the main entrance waiting to enter the drive-
through. Further, as demonstrated on the site plan it appears larger vehicles may have
difficulty navigating the turning radius to enter the second stacking lane.
3) The stacking lane shall not be located within ten(10)feet of any residential district or
existing residence;
The stacking lane is not located within 10'of any residential district or residence.
4)Any stacking lane greater than one hundred(100)feet in length shall provide for an
escape lane; and
The stacking lane exceeds 100'in length and an escape lane is required. An escape lane
is proposed on the east side of the building but shall be extended on the south side to
provide clear circulation throughout the entire site.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 7 [133]
5) The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
The drive-through is located starting on the south side of the building and ending on the
north side of the building. The drive-through is visible from E.Amity Road along the east
side of the building for surveillance purposes.
If the requested modifications are made, Staff finds the proposed drive-through
complies with the specific use standards as required.
Restaurant: The proposed use is also subject to the specific use standards listed in UDC II-
4-3-49 Restaurant,which requires at a minimum, one(1)parking space to be provided for
every 250 square feet of gross floor area(see parking analysis below). If queuing and parking
are shifted as recommended by staff, the parking will move on-site and will still meet UDC
standards. The Applicant did not provide information on how many proposed indoor seats
and patio seats will be provided to accommodate customers.
C. Design Standards Analysis
1. Landscaping (UDC 11-3B):
Comprehensive plan policies related to the landscaping for this project:
- "Require appropriate building design, and landscaping elements to buffer screen,
beautify, and integrate commercial multifamily, and parking lots into existing
neighborhoods."
- "Require appropriate landscaping,buffers, and noise mitigation with new
development along transportation corridors."
i. Landscape buffers along streets
A 25-foot wide street buffer is required along E.Amity Road and a 10-foot wide street
buffer is required along S. Tavistock Avenue, an arterial and a local road. These buffers
shall be landscaped per the standards in UDC 11-3B-7C. The proposed landscaping does
not meet the minimum requirements. The landscape buffer along E.Amity Road shall be
revised to extend the landscaping to the curb along the arterial roadway. The applicant is
working with the developer to meet this requirement along Amity Road.
ii. Parking lot landscaping
Landscaping is required to be provided along all parking areas per the standards listed in
UDC 11-3B-8. The proposed landscape plan does not meet the minimum requirements.
The west landscape buffer shall be widened to 7 feet and the parking stall shall be
reduced to 17 feet.An alternative to this is redesigning the site to abut parking with the
adjacent property to the west.
iii. Landscape buffers to adjoining uses
Landscaping is required to meet the standards of UDC 11-3B-9. The landscape plan
should be revised to ensure there is 70%vegetation coverage at maturity.
iv. Storm integration
Storm drainage is required to comply with the standards listed in UDC 11-3A-18.
Drainage swales should not be within the landscape setbacks along E. Amity Road.
v. Pathway landscaping
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-00351
Page 8 [134]
Landscaping is required to be provided along all pathways per the standards listed in
UDC 11-313-12C. The proposed landscape plan appears to meet the minimum
requirements.
2. Parking (UDC 11-3C):
i. Nonresidential parking analysis
A minimum of one(1) off-street parking space is required per 250 square feet(s.f.) of
gross floor area. Based on the 825-square-foot restaurant, a minimum of 4 parking spaces
are required.A total of 8 parking spaces are proposed, exceeding UDC standards.As
noted above if the plan is modified as recommended by staffparking may be reduced
further on the site.
ii. Bicycle parking analysis
A minimum of one(1)bicycle parking space must be provided for every 25 vehicle
spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to
comply with the location and design standards listed in UDC 11-3C-5C. Bicycle parking
is depicted on the plans submitted with this application that meet the requirements.
3. Building Elevations (Comp Plan, Architectural Standards Manual):
Goal 2.09.03A of the Comprehensive Plan highlights establishing distinct, engaging identities
within commercial and mixed-use enters through design standards to integrate commercial,
multifamily, and parking areas with existing neighborhoods. In response, the developer has
submitted conceptual building elevations for the proposed structure as shown in Section
VII.C. Building materials consist of EIFS stucco,brick, standing seam metal panels,parapet
metal wall cap flashing, and glazing.
Staff recommends the incorporation of more fenestration and glazing on the North fagade as
this is the primary facade that is visible from E.Amity Road. The proposed conceptual
elevations are not approved. The final design is required to comply with the Architectural
Standards Manual for Commercial Design Guidelines.
D. Transportation Analysis
1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4):
Goal 6.01.0213 emphasizes reducing the number of access points onto arterial streets by
utilizing strategies such as cross-access agreements, access management, and the creation of
frontage and backage roads,while also improving connectivity between local and collector
streets. The site plan features a single access point via a private drive aisle located on the
southern part of the site (backage road). This drive aisle connects to S. Tavistock Avenue(a
local street)on the eastern side of the property. Vehicles will enter from the south,with
options to either park in the lot west of the building or continue east to the 12-foot drive-
through lane and pick-up window, exiting back onto the same drive aisle to the south. An
escape lane on the east side of the building shall be extended to the south portion to connect
with the entrance/exit. Direct access from E. Amity Road is not permitted.
Staff has concerns with drive-through queuing extending onto the main drive aisle during
peak hours,which could conflict with other uses in the immediate area(daycare to the west).
Staff recommends the applicant work with the neighboring property to the west to create
shared access between the two properties or redesign the site to allow additional stacking.
Additionally,there is the option to have the escape lane exit back onto the private drive aisle
through the landscape buffer. This could add additional space on the site for queuing.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 9 [135]
The Applicant is required to submit a copy of the recorded cross-access/ingress-egress
easement for the adjacent property to the south(parcel#R3636010180)to the Planning
Division along with the future CZC and Design Review Application, in accordance with
UDC 11-3A-3A2.
2. Multiuse Pathways (UDC 11-3A-5):
An existing multi-use pathway exist along E. Amity Road, this shall be preserved and
protected during construction.
3. Sidewalks (UDC 11-3A-17):
The proposed plan includes a pedestrian walkway from the main walkway on the east side of
the building connecting to the outdoor patio across the drive-through lanes. Where pedestrian
walkways cross vehicular driving surfaces,they're required to be distinguished from the
vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as
set forth in UDC 11-3A-I9B.4. The site/landscape plan submitted both reflect compliance
with this standard—stamped concrete is proposed.
E. Services Analysis
I. Pressurized Irrigation (UDC 11-3A-15):
Underground pressurized irrigation water is required to be provided as set forth in UDC I I-
3A-15.
2. Storm Drainage (UDC 11-3A-18):
Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage
swales shall not be within the street landscape buffer along E. Amity Road.
3. Utilities (Comp Plan, UDC 11-3A-21):
Both the Plan and the UDC establish policy and regulations for extending and connecting to
City utilities. Goal 3.03.03G of the Plan mandates urban infrastructure be provided for all
new developments, including curb and gutter, sidewalks,water and sewer utilities. All
utilities for the proposed development are required to be installed in accord with the standards
listed in UDC 11-3A-21.
III. CITY/AGENCY COMMENTS & CONDITIONS
A. Meridian Planning Division
I. Future development of this site shall comply with the previous conditions of approval and
terms of AZ-15-004 (DA#2015-061375); H-2016-0092 (MDA#2016-119080);H-2018-
0127 (MDA-2nd Addendum to DA#2019-033207); H-2019-0134(MDA—3rd Addendum
DA#2020-059662); H-2020-0080 (MDA 4th Addendum DA 2020-117720);H-2020-0055
Hill's Century Farm North No.I Final Plat and the conditions contained herein.
2. The site plan and/or landscape plan, as applicable, shall be revised with the certificate of
zoning compliance application as follows:
i. The apphea-at shall revise the plan to er-ea4e shafed aeeess be�ween Lots 1 and 2,Bleek t
fulls GefA fy F.,....,NeAh e4diyisie No.i (R36360 0020 and R363601 nnnm t
ii. The west landscape buffer shall be widened to 7 feet and the parking stalls shall be
reduced to 17 feet.An alternative to this is redesigning the site to abut parking with the
adjacent property to the west.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-00351
Page 10 [136]
iii. The west landscape buffer shall include more vegetation as it currently does not meet
70%vegetation coverage at maturity in accord with UDC 11-3B-5-N
iv. The landscape buffer along Amity Road shall be extended to the curbing in accord with
UDC 11-3B-7.
v. No stacking is allowed in the outside travel lane that serves as an escape lane; depict
signage notifying patrons not to block the escape lane.
vi. Signage shall be installed ahead of the eastern crossing warning drivers to watch out for
pedestrians.
3. Compliance with the standards listed in UDC 11-4-3-49 and 11-4-3-11 is required.
4. Preserve and protect the existing landscaping on the north and east buffers of the site during
construction,per UDC 11-3B-10.
5. Business hours of operation within the C-N District shall be limited from 6:00 a.m. to
10:00 P.M.
6. Provide additional fenestration and glazing on the north facade facing E. Amity Road.
7. A Certificate of Zoning Compliance and Design Review application shall be submitted and
approved for the proposed use prior to submittal of a building permit application. The design
of the site and structure shall comply with the standards listed in UDC I1-3A-19;the design
standards listed in the Architectural Standards Manual and with the Development Agreement.
8. The conditional use permit is valid for a maximum period of two(2)years unless otherwise
approved by the City. During this time,the Applicant shall commence the use as permitted in
accord with the conditions of approval, satisfy the requirements set forth in the conditions of
approval, and acquire building permits and commence construction of permanent footings or
structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be
requested as set forth in UDC 11-5B-6F.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-00351
Page 11 [137]
B. Meridian Public Works
NON-PLAT CONDITIONS
Pum-icWoRKsDrPARrk1 ti't
Site 5peciGt Conditions of Approval
I. Water wnrices require 20'easements_ Exsetnent to extend lo'beyond water Meters.
2_ Water meter to come off the 9" Stub located at the Southwest corner of site.
3. No p=ancnt structures(trccs,bushes,boil-dings,Carports,trash receptacle walls, fences,
infiltration trenches,light pales„etc.)to be built within the utility easement_
General Coaditions of Approval
I_ Applicant shall coordinate water and sewer main size and routing with the Public Works
Department-
2- Per 14&dian Cily Code(MCC),the applicant skull be responsible to install sower and water
mains to and through chi$develppmcmt. Applicant may be elip�ible Fora rcimbuTsument
agrCen,Cnt for infrastruoiurc cnhancer eat prr MCC 8-6-5.
The applicant shall provide cascmcm(s)for all public watcrlsewcr mains outside of public right of
way(include all water services and hydrants). Swiverlwater easement varies depending on sewer
depth.Sewer 0.20 ft deep require a 30 ft easemeni,20-25 ft a 40 Ft easement,and 25-30 fi a 45 ft
easement. Ensure no perttwttent structures(Wes,bushes,buildin ,eaip,arts,trash rauptacle
walls,fences,infilLm ien ircnrht-_q,light poles,etc_)art!built within tht utility 0a"On- Submit
an executed Casement(oat the form available from Public Works),a legal dcscriplion Prepared by
an Idaho Licensed Professional Land Surveyor,which must include the area of the easement
(marked EXHIBIT A)and an 9112"x 11"map with bearings and distances(marked EXHIBIT 13)
for reviow.Both exhibus must be sealed,signed and dated by a Professional Land Surveyor.DO
NOT RECORD.
4_ The City of Mcridiun%-gUir¢s that prCs9uriMd irriu tiDn systems be supplied by a yrar-Yount)
Souroc of water{URC I l 3l dwl,Tbc appl&ant should be roRuircd to use any existing surface or
wel l water for the primary source_ If a surface or well source is not available,a single-point
connection to(he culinary water systetu shall be required. If a single-paint omnection is utilized,
the developer wi I k be responsible for the payment of assessments for the common areas prior t-0
prior to rccciving development plo-xn approval.
5. Any structures that arc al lowed io rcrnaia shall be subject to evaluation and possible rcassignnunt
of street addressing to be in compliancc with MCC.
6_ All irrigation dilches,canals,lawals,or drains,exclusive of natural waterways,mtcrsecting,
crossing or layIng adjacent and contiguous io the area being subdivided shall be addressed per
UDC 1 l.3A-6_ In performing such work,the applicant sEta€€comply with Idaho Code 42.1207
and arty othtr applicable lave nr regulation.
7, Any wells that will not conlinuc to be used must be properly abandoned according to Idaho Wclt
Construction Standards Ralcs administcrod by the Jdaho Department of Water resources. The
Developer's Eugiueer slial l provide a statetuent addressing whether there are any existing wells in
the development,and if so,how they will continue to be used,or provide record of their
ftbandonnwnt.
8_ Any existing Septic,systg�rnS within this pmjert shall hC Temo% d fl*M srruibe per City 0rdinnneC
Section 9-1-4 and 9 4 8. Caanact Central District Health for abandonment procedures and
inspections[ 0 )375-521 1_
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 12 138
9_ A]1 improvements related io public l i fe.safety and health shall be completed prior to occupancy
of the structures_
10_ ApplicanL shal l he required La pay Public WurkS development plan rrvirvw,and comiruction
inspection fees,as dcwminccd during the plat review proccss,prior to the issuance of a plan
approval letter.
11_ It sbal I be fire responsibility of the applicant to ensure that all development featuiw comply with
the Americans with Disabilities Act and the Fair Housing Ac[_
12_ Applicant sbal l be reSp-OnSible for application and compliance with any Srttion 404 Permiuiq
that may be required by the Armv Corps of EngincerS,
la, Dcveloper shall coo 4natc mailbox locations with the Meridian Past Office,
14_ Compaction test results shall be submitted to the M cridian Building Department for all bui ldiug
pads receiving engineered backfil I,where footing would sit atop fill material_
15_ The design engineer shall be required 10 coriify[1La[cite street centerline elevaticros are set a
minimum 4f 3-feft ab yr the hiShesL Lsiablishrd peak Prewndwatrr rluvati0n. This i$Lp ensure
that the bottom cicVation of the crawl spaces of Wrncs is at least I-foot above,
16, The applicants design cnginccr shall be responsible for inspection of al I irrigation anUor
drainage facility VdIhiti this project that do not fall under the jurisdiction of an irrigation district
or ACHD_The design engineer shall provide certification that the facilities have been installed in
a€eord=c:e with the approved des ign plain-This certi(cation will be required before a cerriFeate
of occupancy is issued fair any sLrucLums wiLhin Lhe pMjt!ct_
17, At the completion of the proicct,the applicant shall be rcspnnsiblc to submit rCCprd clrawings per
the City ofMcridian AutoCAP standards. These record drtwings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project,
18. A street hght plan will need to be included in the civil construction plans_Street light plan
Frquuir rncmis are listed in Section 6-5 of the I mpravrment Standards for Strut Lighting,A cop}
of the standards can be found AL hLtp.JIwww.mrridiancity2r e2public_wflrks.aspxNd=272_
I(Jr The City of Mcri&an mquirca that the owner post 14 the City a petformanCC surety in the amount
of 125%of the total construction cost fot•all incomplete sewer_water and reuse infrastructure
prior to final plat signature_This surety will be verified by a line item cost estimate provided by
the owner to the City.The surety can be posted in ibe form of an irrevocable letter oferedit,cash
dgosit car bond.ApplicarlL must file an applir2aiDn far surety,wtiirh can be found on tale
Community Development Department wcbsitc. Flcusc comact Land [_lcti clopMcnt Sm iec for
more information at 3R7-2211,
20_ The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20%of the total constmetiem cost for all completed sewer,water and reuse infrastructure for
duration of two years_This surely will be verified by a line kem cost estimate provided by the
nwner to the City.`rho surety can hr posted in the form of an irrevocable Iraer of credit,cash
deposit or bond.Applicant must Filc an application for surety,which can br found on the
Comraunity Development Dcpatrinn"i wcbsitc, Plcasc contact Land Devclop-mcm Service for
mare information at 887.221 1.
C. Irrigation Districts
1. Boise Project Board of Control
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 13 [139]
FRED BUTI.BR WERATWO NIUGY FOR 109M
Q"RMh4 CF THE P4.M Bo15E PRojEcT BOARD OF CONTROL ftORER FOR TMl raUVfflP4
RICFMRO HORG61w PiRIEl4TpM p&TRCT9
4xEcz-wK1§M Of THES-100 (FMARLYROISE UA MPUA ATION PMECTI
PMEU ID.CAWrEFq 2e5 aeE;7MD Rara
PPalJF4'T LVI m EPEE.IDA+L4 tVfG31-.6 NMNFMdEMEILIN pBTRk'T
8Q*F uJAGBTFICT
TWOMAS FffT"LIR T&DER GSTRCT
ABBISTAW PRO:ECTWLOSER NEW Y W4NUNCT
03 BEND OISTMUF
APRYLQMMNER
s�wTxrr.Tfeusuxa
MART SLIP#LASE
ANWANF KQASbRr- TEL-(2W 3".1149
TRE*"ER FM:CMP W44aF
20 August Z024
City Clerks Office
33 E Broadway Awnuc, Suite 102
Meridimrl ID,83642
RE, Ziggi's Coffcc-Watson Land Holdings
4901 $Tavistock Ave,Meridian H-2024-0035
Ncw York Irigation District NY-577-002-03
nningham Lateral 138+00
Sor- 33,T3N,RIR� RM.
Nick Napoli`,
Thm aim no FBolm Project or New York Irrigation District facilities Iocatcd on the above-
mcntionod propbrtic5,however they do in fact passeew a valid water right.
Par Idaho Slatlttes, Title 42, local irrigation/drainage ditches that crass this property, to serve
neighboring properties, must irmain unubstructcd and prolcaled by arr appropriate easement by
tho Iarndowner,developer and contract-ors
If you have any further questions or commentq I+egarding this matter, please do not hesitate to
enntact me at(208)344.1141.
X , �
1710mas Ritthaler
Assistant Projcct M,ariager
tbrftr
co: Kcvin Rcoves Watennaster,Div;2 BPBC
Terri Hasson Sccrulaty-Treasurer,NY]D
File
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 14 [140]
D. Ada County Highway District(ACHD)
Pa 9.P G� rti
MIrenUa"id,vIC4-Pro6G9nx
3IM Hanft%ACHD
Z�A� HtrR C4kfthoroe,05, im eon r
Dave MoKinney,Cormkxknsr
August 1, 2024
To-. Connor Lindstrom,KM Engineering LLP
5725 N Discovery Way
Dolse, ID 83713
Subject: MER24-0076 J H-2024-0035
48018 Tavistock Ave
Ziggi's Coffee
The Ada County Highway District (ACHD) has reviewed the submitted application for the application
referenced above and has determined that there are no improvements required to the adjacent street(s).
The applicant shall be required to'
1, Pay a traffic impact fee,if applicable. For any questions regarding the traffic impact fee please contact
ACHD's Impact Fee Administrator at impactfeesAachdidaho_org_
2. If applicable,a traffic impact fee shall be assessed by ACHD and will be due prior to the issuance of
a bullding permit by the lead agency. This is a separate review prooem and it Is the applicant's
responsibility to submit plans directly to ACHD,
3. Payment can be accepted over the phone by Galling (208)387-6170 or can he sand delivered to the
following address;
Ada County Highway District
Attn: development Services
1301 N Orchard St,Suite 200
Boise, ID 83706
+ Reference the fi le number above when making the payment-
* Please note:
o Fees are subject to change if not paid prior Iv October 1"
o All card payments are subject to a 3%processing fee
o All a-check payments are subject to a$1.50 processing fee
4. Submit a driveway approach request for any proposed driveways. Driveway approach permits can
be found at
httos;lfwww.acMidehe.omx homelshownublisheddo-cumenU9881638245965711600000
5. Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or
work in the right-of-way.
S. Obtain 9 permit for any work in the right-of-way prior to the construction,repair,or installation of any
roadway improvements(curb. gutter, sidewalk, pavement widening,driveways,culverts,etc_)_
IV. FINDINGS
A. Conditional Use(UDC 11-513-6E)
The commission shall base its determination on the conditional use permit request upon the
following:
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page15 141
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The Commission finds the site is large enough to accommodate the proposed use and meets
all dimensional and development regulations of the recommended C-Nzoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
The Commission finds the proposed restaurant and drive through use will be harmonious
with the Comprehensive Plan and is consistent with applicable UDC standards with the
conditions noted in Section IV of this report.
3. That the design, construction, operation and maintenance will be compatible with other uses
in the general neighborhood and with the existing or intended character of the general vicinity
and that such use will not adversely change the essential character of the same area.
The Commission finds the design, construction, operation and maintenance of the proposed
use should be compatible with other uses in the general neighborhood, with the existing and
intended character of the vicinity and will not adversely change the essential character of the
area.
4. That the proposed use, if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
The Commission finds the proposed use will not adversely affect other properties in the
vicinity if it complies with the conditions in Section IV of this report.
5. 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, and sewer.
The Commission finds the proposed use will be served by essential public facilities and
services as required.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The Commission finds the proposed use will not create additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
7. 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.
The Commission finds the proposed use will not be detrimental to any persons,property or
the general welfare by the reasons noted above.
8. 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.
The Commission finds the proposed use will not result in the destruction, loss or damage of
any such features.
9. Additional findings for the alteration or extension of a nonconforming use:
This finding is not applicable.
10. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 16 [142]
11. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
IV. ACTION
A. Staff:
Staff recommends approval of the proposed CUP application and finds it in conformance with the
Comprehensive Plan,UDC with the conditions included in Section W. and Findings in V.
B. Commission:
The Meridian Planning&Zoning Commission heard this item on October Yd. 2024. At the
public hearing. the Commission moved to approve the subject conditional use permit request.
1. Summary of the Commission public hearing:
a. In favor: Connor Lindstrom
b. In opposition:None
c. Commenting: Connor Lindstrom
d. Written testimony:None
e. Staff presenting application:Nick Napoli
£ Other Staff commenting on application: Kurt Starman
2. Kev issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by Commission:
a. Queuing for the drive-through and whether or not there is sufficient space to prevent
cars from stacking in the drive aisle.
4. Commission change(s)to Staff recommendation:
a. Commission removed staff recommendation to have a shared access with the
neighboring property to the west to allow for additional queuing.
V. EXHIBITS
A. Project Area Maps
(link to Project Overview)
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-00351
Page 17 [143]
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3. Future Land Use
Legend
O Project Location ®®
Area of Impact
OAnalysis
�r Medium-Density
a� Residential
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4. Planned Development Map
Legend
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Area of Impact
City Limits �� t
Planned Parcels
OAnalysis I I
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CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 19 [145]
B. Subject Site Photos
i
.. ,•-- "�-`'may, _ - _
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 20 [146]
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 21 [147]
C. Service Accessibility Report
Overall Score: 28 I9th Percentile
Location in City Limits
Extension Sever Trunkshed mains < 500 ft.from par€el GRELN
Floodplain Either not within the 100 yr floodplain or >- 2 acres GREEN
Emergency Services Fire Response time < 5 min. GREEN
Emergency Services Police Not enough data to report average response time RED
Pathways Within 1/4 mile of current pathways
Transit Not with in 1/4 of current or future transit route
Arterial Road Buildout Status Ultimate configuration(#of lanes in master streets
plan) matches existing #of lanes)
School Walking Proximity Within 112 mile walking
Either a High School or College within 2 miles OR a
School Drivability Middle or Elementary School within 1 mile driving
(existing or future)
Either a Regional Park within 1 mile OR a Community
Park Walkability Park within 1/2 mile OR a Neighborhood Park within
114 mile walking
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 22 148
D. Site Plan(date: 8/14/2024)
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CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 23 [149]
E. Landscape Plan(date: 8/15/2024)
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CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 24 11501
F. Building Elevations (date: 7/2/2024)
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CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-024-0035]
Page 25 11511