Loading...
HomeMy WebLinkAboutMcDonalds at Firenze Plaza H-2024-0044 CITY OF MERIDIAN V IDIAN;--- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! DAHO DECISION& ORDER In the Matter of the Request for a Conditional Use Permit for McDonalds at Firenze Plaza,Located at 3058 E.Amity Road in the C-C Zoning District,by Kimley Horn. Case No(s).H-2024-0044 For the Planning& Zoning Commission Hearing Date of: October 17r'',2024 (Findings on November 7',2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 17t'', 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 17t'', 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 17', 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 7',2024, incorporated by reference) B. Conclusions of Law 1. 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 1 I 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 § I I-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-2024-0044 Page 1 Fol 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of October 17',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 October 17`h, 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 11-513-617.1. 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 § 67-6521(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 October 17", 2024 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 2 F51 7th By action of the Planning&Zoning Commission at its regular meeting held on the day of November ,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 11-7-2024 Attest: Chris Johnson, City Clerk 11-7-2024 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: 11-7-2024 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 3 52 COMMUNITY DEVELOPMENT C��fEPIDIAN*,­, DEPARTMENT REPORT IDAHO HEARING 10/17/2024 ' Legend ,.. DATE: Project Location TO: Planning&Zoning Commission .-= Area of Impact }= City Limits FROM: Nick Napoli,Associate Planner O Analysis 208-884-5533 nnapoli@meridiancity.org "r9IM.F., . RN APPLICANT: Connor Candrian �® r SUBJECT: H-2024-0044 "'- McDonalds at Firenze Plaza Y _ LOCATION: Located at 3058 E.Amity Road, in the North '/z of Section 3, T.1N,R.29E. (Parcel#R2833250020) VE: PROJECT OVERVIEW Summary Conditional Use Permit to construct and operate a 4,507 square foot restaurant with accessory drive-through in the C-C zoning district,by Kimley Horn. Note: A restaurant is a permitted use. The conditional use permit is required because the prosed drive-through is within 300 feet of another drive-through. Issues/Waivers This application has received a significant amount of public testimony in opposition of the project. Recommendation Staff. Approval with Conditions Decision Commission: Approved CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 4 53 COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Vacant Land - Proposed Land Use(s) Restaurant w/drive-through - Existing/Proposed Zoning C-C - Future Land Use Designation Mixed-use Community(MU-C) - Table 2: Process Facts Description Details Preapplication Meeting date 4/30/2024 Neighborhood Meeting 8/8/2024 Site posting date 10/5/2024 Table 3: Community Metrics Agency Element Description Issue Reference Ada County Highway District - Comments Received Yes - Commission Action Required No - Access Private Drive Aisle via S.Cubola Ave(Local Street) - ITD Comments Received No Meridian Public Works Wastewater Distance to Mainline Available at site Impacts or Concerns No Meridian Public Works Water Distance to Mainline Available at site Impacts or Concerns No Note: See section 0. CITY/AGENCY COMMENTS& CONDITIONS for comments received or see the public record: (Public record link). CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 5 54 III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) General Overview This property is designated as Mixed-use Community(MU-C) on the Future Land Use Map (FLUM). The use of a drive through restaurant is consistent with the comprehensive plan for the MU-C designation. The subject site is among several commercially zoned properties surrounding the intersection of S. Eagle Road and E.Amity Road. The proposed use of a restaurant with a drive-through aligns with the desired uses specified within the Mixed-use Community designation in the Comprehensive Plan, as noted above. In conjunction with the already approved development directly to the north and west,the proposed use satisfies the general Mixed-Use Community future land use designation for this area. In 2016,the development agreement approved with the annexation of the property showed a drive through on this site. Table 4: Proiect Overview Description Details History AZ,CPAM,PP(H-2016-0102);DA Instr.#2017-041827;FP(2019- 0067);ALT(A-2022-0086) Physical Features Tenmile Feeder Canal Acreage 0.98 of an acre Site Development and Use Analysis Proposed Use Analysis (UDC 11-2): The proposed use of a restaurant and drive-through establishment aligns well with the Mixed- Use Community(MU-C)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 within the Firenze Plaza Subdivision enhances its accessibility and supports the local commercial landscape, fulfilling the need for such amenities in the immediate and broader community. Dimensional Standards (UDC 11-2): Development of the site hall comply with the dimensional standards of the C-C zoning district in UDC Table 11-2B-3.Staff has reviewed the proposed plans and building elevations and they comply with the required standards. The proposed hours of operation are S:00 am to 12:00 am which is in compliance with the C-C zoning district. Since the property does not directly abut a residential district(intersected by S. Cubola Ave) the hours are not restricted. Specific Use Standards (UDC 11-4-3): Drive-Through Establishment UDC 11-4-3-11 and Restaurant UDC 11-4-3-49: CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 ■ Page 6 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: Staff recommends signage be installed ahead of the eastern crossing warning drivers to watch out for pedestrians. 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 two drive-through lanes that merge into one with space to queue a total of 16 vehicles along with an escape lane located on the south side of the site, outside of the drive-through lane. The drive-through itself starts at the west side of the building and exits at the east side. The concept plan also shows that the stacking lane is separate from the drive aisles and parking, which allows for easy access to the rest of the development. Staff recommends that the Applicant install additional signage and parking lot striping to clearly mark and guide traffic safely throughout the site. Staff has some concerns about peak hour stacking as it may back out into the private drive aisle during hours that may impact neighboring businesses. However, Staff has worked with the applicant to look at data from McDonald's drive-throughs during peak hours and it has alleviated some of staff concerns. The applicant provided data discussing peak hour traffic for a McDonalds in Meridian as well as explaining that 100 feet between the order kiosk and pick up window is the most efficient layout for McDonalds. If needed, McDonalds will direct patrons to park in parking stalls to prevent stacking from extending beyond the means of their site. 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 lanes from the circulation lanes needed for access and parking. However, the applicant is proposing to use the escape lane as a one-way drive aisle for egress from the site. While this is not the intent of the escape lane, staff finds it to be adequate for site circulation. 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 south side of the building(see site plan). However, the applicant is proposing to use the escape lane as a one-way drive aisle for egress from the site. While this is not the intent of the escape lane, stafffinds it to be adequate for site circulation. 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 west side of the building and ending on the east side of the building. The drive-through is visible from E.Amity Road along the south side of the building for surveillance purposes. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 ■ Page 7 Based on the above analysis, Staff deems 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 11- 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). The applicant is proposing 21 parking stalls exceeding the 18 that are required. Design Standards Analysis Landscaping (UDC 11-3B): 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. Cubola Avenue, an arterial and a local road. These buffers shall be landscaped per the standards in UDC 11-3B-7C. The proposed landscaping was installed with the final plat for Firenze Plaza. The combination of the existing and proposed landscaping exceeds the minimum requirements. 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 landscape plan should be revised to include a tree in every planter island, if this is not feasible due to utility easements, alternative compliance shall be applied for with the certificate of zoning compliance submittal.Additionally, the pathway along the east portion of the building extending north shall be landscaped 3 feet on the west side and 5 feet of the east side. Landscape buffers to adjoining uses Landscaping is required to meet the standards of UDC 11-3B-9. The landscape plan meets the minimum requirements. 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. Parking (UDC 11-3C): Nonresidential parking analysis A minimum of one(1) off-street parking space is required per 250 square feet(s.£)of gross floor area. Based on the 4,507-square-foot restaurant, a minimum of 18 parking spaces are required.A total of 21 parking spaces are proposed, exceeding UDC standards. 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. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 8 57 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, standing seam metal panels,wood paneling, and glazing. Staff recommends the incorporation of additional fenestration, banding, or glazing on the South fagade as this is the primary facade that is visible from E. Amity Road. The architectural standards require an average of 40%fenestration on applicable facades in Mixed-Use Areas.Additionally, staff recommends the use of materials (brick, stone wainscot, etc)from the surrounding development as required in the development agreement. The proposed conceptual elevations are not approved. The final design is required to comply with the Architectural Standards Manual for Commercial Design Guidelines and shall integrate with the surrounding development. Transportation Analysis 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 two access points via a private drive aisle located on the northern part of the site(backage road). This drive aisle connects to E. Cubola Avenue(a local street) on the western side of the property. Vehicles will enter from the north,with options to either park in the lot north or west of the building or continue south to the 12-foot drive-through lane and pick-up window, exiting back onto the northern drive aisle. An escape lane on the south side merges into the exit drive aisle to the east. Direct access from E. Amity Road is not permitted. The Applicant is required to submit a copy of the recorded cross- access/ingress-egress easement for the adjacent property to the east(parcel#R2833250040) to the Planning Division along with the future CZC and Design Review Application, in accordance with UDC 11-3A-3A2. Multiuse Pathways (UDC 11-3A-5): An existing multi-use pathway exist along E.Amity Road, this shall be preserved and protected during construction. 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 store front 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-19B.4. The site/landscape plan shall be revised to reflect compliance with this standard. The connection through the drive aisle shall be delineated from the driving surface through pavers, colored or scored concrete. Services Analysis Waterways (Comp Plan, UDC 11-3A-6): The Ten-mile Feeder Canal has been piped and runs along the southern boundary of the site. No additional improvements are required with this application. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 9 [58] Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided as set forth in UDC 11- 3A-15. 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. 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. CITY/AGENCY COMMENTS& CONDITIONS Meridian Planning Division 1. Future development of this site shall comply with the previous conditions of approval and terms of AZ, CPAM,PP(H-2016-0102); DA Instr. #2017-041827; FP(2019-0067);ALT(A- 2022-0086); 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: Provide a tree in the planter island to the east of the trash enclosure or apply for alternative compliance with the submittal of the certificate of zoning compliance and design review. Provide 3 feet of landscaping on the west side and 5 feet on the east side of the pathway on the east side of the building to match the landscaping within the development. Pave the drive aisle to the east that the escape lane exits onto that is owned by Albertsons (Parcel #R2833250040). Delineate the pedestrian connection through the drive aisle with the use of pavers or stamped and colored concrete. 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. 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. The building elevations shall be revised to incorporate additional fenestration,banding,or glazing on the South fagade to meet the 40%fenestration requirement in the architectural standards manual. Additionally,the use of materials(brick, stone wainscot,etc.)from the surrounding development shall be incorporated into the design to provide consistency with the surrounding buildings. 5. Preserve and protect the existing landscaping on the south and west buffers of the site during construction,per UDC 11-3B-10. 6. 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 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page10 F591 of the site and structure shall comply with the standards listed in UDC 11-3A-19;the design standards listed in the Architectural Standards Manual and with the Development Agreement. 7. 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 11-513-6F. Meridian Public Works PPX-PLAT CONDITIONS Wastewater ■ Distance to Sewer Sewer Available at site Services + Sewer Shed + Estimated Project Sea application Sewer ERLI's + WRRF Dedining Balance ■ Prajjec#Consistent Yes with WW Master Plan/Facility Plan • Impacts/ooncems • + See Public WDrks Site Specifir€ondfferts Water • Distance to Water Water Available at Site Services ■ Pressure Zone + Estimated Project See appliCatian Water ERU's • Water Quality None * Project Consistent Yes with Water Master Plan + Impacts/ aneems None- NON-PLAT CONDI T1 ONS PUBLIC WORKSDY2AR[h EM' Site Spcxifie{;Dsditiuos ur AMrm d I_ CarNrt_s aim]ollser permanent Structurce.grmi buelhceti buildings,trash rcocC mic ttWK fences,indiltration trenchv.,light pales,etc_)cannot be built within the utility Easement- 2- Ensure MI Sewer services CM&A ildiltrdtiou(rk:uLIles Sewer'service lilies through uudorground s;ra^Me be&or swabs are not allowed wllms appmvod by the City r1)Vjneer_ 3_ Wmer ser iom require a 20'casement up to and l{Y beyond the mcler Dr acs dame In I tr as powihle. 4_ Rcmnve a portion of water stub sn drere is nn nxwe than S`past the water servicc csmmlian.tip dead end of stub. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page I I 60 General f:undidons of AppruMal I_ Applicant shall uxardinate water and sewer main siyr and routing with the Puhlic Woai�s Department_ 2. Per Meridian City Co&(l E)U),the ap0"nt shall be respnnsib-Jc to instal I sewer and water mains to and through this developmmL Appliraml may be eligible Fora reimbursement alTx-ment for infrastrwturc cnheneemtmt per MCC 8-r5_ 3_ The applicant shall provide casements)for all public waterlsew-cr naive outside of public Tight of way(include all water services and hydrams� Sowurlwatosca_sement varies dependingom sewer depth.Scwa 0-20 fl do W require a.30 fl tascnxm,20-25 El a 40 11 t:asetrarn,and 25-30 ft a 45 fl ca-sement_ kmure no permanent structure;(faces,hushes,buildings,carports,trash rcreplacle walls,fenrn,infiltration trenches,light Mlm,etc_)arc built within the utility easentmt. Submit an executed ew ment(on the farm available from Public Works),a legaJ desc-riptiam prepared by an Idaho-I.io-. .vA Profissicmal land Surveyor,which must include the area ofthe caner t (marked k!XIIIIJEI'A)and an 8112"x l 1"map with bewingi anddistanaex(rr®rked EXIJIHIT 11) for review.Both exhibits must be sealed,signed and dated by a PmCcsi ianal land Suricyor.DO NUF KI;J[URi]_ 4_ The City of Meridian requires that prcisurvcd irrigation ipstcrrrs be supplied by aycar-round source ofwaux(I]IX; I 1-311-ty The applicant should be required to use any existing surfaceor well water for the primary source. if a surFat3e or wet l soaves is not avai table,a sirrglc-plaint connection to the cuJirary water system shall be required. [f a single-point eonnecben is ulili=dd the developer will be responsible for the payment oFassmsmumts For the common areas prior to prior to receiving dcvclapment plan approval- 5- Any structures that am allowoad to remain shall be subject to evaluation and pae;sibJc namignuwnt ofshmn addressing to be in c�xnpliam:c with MCC:. 6_ All irrigation ditches,canals,latcra.Is,or drains,cxcJu_vive of natural waterways intersecting, crossing orJayingadjaccnt and comtigpoas to the area being subdivided shaJ he addra sed per UIX,' I 1-3A-i_ In perfuming such work,the applicant shall comply with Idaho Code 42-1207 and any other applicabJe law cw regulation_ 7. Any wel Is that will nor am inue to he used must lx:prsaperly+abandoned accor-ding to Idaho Well Constructinn Standards Vales administered by Ilse ldahn l)gmtment of Watcr Resources. The VereeJoper's hn&ca shaJ I provide a statcme nt addre:Qsing whcilmr tltero are any cxi_iling walls in the development,and if so,how they wi1J amtinuc ua be used,u-provide rend of their abandonment. M_ Any existing septic-systems within this p"c*A%hal I be removed from icnicu per o ty{lydimume ti.wtio n 9-1-4 and 9 4 M. {_ontact C mtral District I lealth for abandcmm mt prxautxJures and imspeclioms(208)375-5211_ 9- All improvement9 relgicd to public life,safety and health shal l be wmp]eted prior to occupancy aF the structures_ to. Applicant shall be rcquiredw pay Public Works development plan review,and c4mwtruv6 n inspection foo-s,as detcrmincdduring theplan mview pnxcass,prior to the iL;uance oFa plan approval letter- 1. It shall he the respnnsibility nfthe applicant ua unsure drat all development fcatur comply with the AnwTicans with Disabilities Act and the Fair I Iou_sing Ael 12. Applicmt shall be ruspoHmible for application and vafnoiancc with any Swtiom 4114 Fcra6tting that may be required by the Army Corps of EriAincers_ 13. Develraper shal l coordinate mai I box loratinas with doe Meridian Post oMice_ 14. {;ompactinn trot results shall be suhrr fitted to the Meridians Building Dgamtrnent far aJ I building pads rmciving tmlrineercd hackfill,when Foaling would sit atop fill material. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 12 61 5. The design cngmcer shall be required to certify that the stm n centerline clevarions arc tics a minimum of 3-fe€t above the highest established peak groundwater atcvation. This is tocnsum that the bottom elevation of the emwl spmccs of homers is at lentil 1-foal above_ I6. The applicants design cu onoLr shall be regransible for mspcc6on of all irrigation and/or drainage facility within this project dw do not fall under the jurisdiction of an irrigatian district or A(,1Ill_The d it r engineer shall pmvielc certification that the facilities have been mstallod in ancordancc,with the appfnNrd de_tiiyu plans_This certiGcatian will be required before accrtificate ofotccupanry iti issued for any structuras vrithin the project- 17. At the completion of the project,the applicant shall be rcaponsiblc to submit record drawings per the City of Meridian Auto(Al)standards_ These record drawingi must be received and approved prior to the issuance of aorriification ofoccupancy for any structures within thepmjcet_ 19. A streca light plan will need to he includrd in the civil mnstruc6yn plans.Street light plan re quire menu arc listed in section 6-5 ofthe Improvement Standards for~trout Lightiny,A copy of the.Aand r..can be found at hup:fwww.mcndtanctly.orglpublic woui6:s.aspx?id-272_ 19. The City of Meridian requincs that the owner post to the City a W.ormance surety in the amamt of 125%of the total construction c"i forr all iucon pletc sewer,walcr and remtsc infrastruetmur prior to final plat signature.This surety will be verified by a line item vmt astimatc pmnvidcd by the owner to the City_The surely can be pw.-Add in the Form afan irm-w ahle letter of cmodiL o'ash deposit orbond.Applicant mast file an application forsurety,which can he Foundon the Ccvnmmmity Devclopmnent Dopartm i mlwcbsitc_ Please contact lAnd I)evcl gmrb ml Service for moor inforniabon al 8ii7-2211. 20. The City of Meridian requires that the owner petit to the Cily a warranty surety in the amount of AM of the Loral mastrwction cost for a.11 completed sewer,water and reatic in Frastmucture Far duration of two year_~_This surety veill he verified by a line item cost estimate provided by the owner l41 the City—Tyre surety ran be parsled in the farm of an irrevocable laterofcredit,cash deposit or bond.Applicant mmtsl file an application for surety,which can he found on the Community Development Llcpartmrnlwcbcitc. Please comtacl land I)evi:kFpFncnl tiemvice far more infommalion at M7-2211. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 13 62 Ada County Highway District(ACHD) uiranVa Cio10,%9G*-Pro2@rt ACHD Iirt5 F18rlilYti 416mrt5ee1oYrrr ISent Cokh Nor Cbmlr�ov�r / Doe McKinrlq%COmnS�lo r 7 September 3, 2024 To-. Connor Candrian,via email Kimley-Horn 1100 W. Idaho Street,Suite 210 Boise, ID 83702 Subject MER24-DO891 H-2024-0044 3058 E.Amity Road McDonald's located within Firenze Plaza The Ada County Highway district (ACHD) has reviewed the submitted application for tl}e application referenced above and has determined that there are no improvements required to the adjacent swBet(s). The applicant shall be requlred to: 1. Ray a traffic impact fee,if applicable. Far any questions regarding the traffic impact fee please contact AGHD's Impact Fes Administrator at impaotrees@achdidaho-orq- 2. If applicable,a traffic impacl fee shall be assessed by ACHD and wIll be due prior to Use issuance of a building permit by the lead agency. This is a separate review process, and it is the applicant's responsibility to submit plans directly to ACHD. 3. Payment can be accepted aver the phone by calling (208)387-6170 or can be sent!delivered to-the following address: Ada County Highway District Atln, Development Servioas 1301 N Orchard St,Suite 200 Solse, ID 837-06 0 Reference the file number above when making the paymerYt- ■ Please note: o Fees are subject to change if not paid prior to 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, http5:l1www.a chdl da ho.orfVhome+showpu bl isheddocu menO8M38245965711600000 5. Comply with all ACHD Poli0eo,and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. 6. Obtain a 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-)- CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 14 63 Standard CondiMena of Approval 1, All proposed irrigation faciiities shall be located outside of the ACHD right-of-way (Including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-af-way (including all easements). 2, Private U61itles including sewer or water systems are prohibited (turn being located wlthlo the ACHD right-of-way. 3. In accordance with district policy, M3.3,the applicant may be required to update any existing norwGomplient pedestrian improvements abutting the site to meet current Public Right-of-way Acoessibilily Guidelines (PROWAG) requirements, Ike-a11p iicanl's engineer should provide documentation of oormliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 208-387-6280 (with file nurnber)for details, S. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas- 6. All utility relocation casts associated with Improving street fronlages abutting the site shall be bome by the developer- 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way- The applicant at no c❑sl to ACHD shall repair existing utilities damaged bylhe applicant- The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way, The applicant shalt contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits(spare or filled)are compromised during any phase of construction. a. Utility street outs in pavement less than Five yeara old are not allowed unless approved in writing by the District. Contact the District's Utlllty Coordinator at 208-387-6258(Mlh flie numbers) for details. 9. All design and construction shall be in accordance with 1he ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered In the State of Idaho shall prepare and certify all improvement plans. 10- Construction, use and property development shall bs in conformance with all applicable requirements of ACHD prior to District approval for occupancy- 11. tdo change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHIJ. The burden shall be upon the applica nt to obtain written confirmation of any change from ACHD. 12. If the site plan or use should ohange in the future,ACHD Planning Review will review the site plan and may require additional improvemerrts to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Cpnftons of Approval in place at dial time unless a walve6variance of the requirements or other legal relief is granted ty the ACHD Commission. FINDINGS Conditional Use(UDC 11-513-6E) The commission shall base its determination on the conditional use permit request upon the following: 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-C zoning district. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 15 64 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. 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. 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. 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. 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. 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. 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. Additional findings for the alteration or extension of a nonconforming use: This finding is not applicable. 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. 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. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 16 65 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 IV. and Findings in V. Commission: The Meridian Planning&Zoning Commission heard this item on October 17', 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 Candrian,Aaron Zuzack.Andriene Nelson,Julie Kissler b. In opposition. Kelly Elliot and Samantha Hall c. Commenting: Kelly Elliot, Samantha Hall.Andriene Nelson,Julie Kissler d. Written testimony: Raine Arimitsu, Stacy Berenger,Kevin Bradt,Kelly,Marina, Crystal Deelstra,Amyjoy Price, J.Cole,Jame Worley,Kelly Lemmons,Kyle Hal,K. Elliot Samantha Allen, Carlie Stweart. Christina Gervais,Jill Russell, Trina Havicek_Glen Grant,Jennifer Frendt,Phillip Hurst.Lance and Linda Lamprecht,Richard Jones, Samantha Hall. and Elliot Dawson e. Staff presenting application:Nick Napoli f. Other Staff commenting on application: Kurt Starman 2. Kev issue(s)of public testimony: a. Traffic/congestion, smell from the restaurant, decreasing property values,and neighborhood health. 3. Key issue(s)of discussion by Commission: a. Traffic and cQnggstion 4. Commission change(s)to Staff recommendation: a. None CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 17 66 EXHIBITS Project Area Maps (link to ProjectOverview) Aerial Legend Project LocationArea • Impact y 0 Analysis F CITY OF OF • • OF • ORDER CASE • H-2024-0044 Zoning Map Legend ® n ���� ,� R 8 R-1 B O Project Location R-15 FR Area of Impact - O Analysis RUT RUT FE R 8 t R-4 RSW CIIn - RUT - i R-15 C-N R-8 R1 r.. R-4 �R 2 � R4 Future Land Use Legend79w NO4� 4�qk Project Location � T Area of Impact O Analysis J.LLLLJ CiYic c Low Density FFFR r Residential Medium Density Residential � ® FL t ® F go MU-C f U M. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page19 68 Planned Development Map Legend Project Location Area of Impact T=' City Limits Planned Parcels O Analysis EB d ®® , MITI! 977 F�MITI! PTF[q - --- - - M Ll NMI I -� CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 20 69 Subject Site Photos NEWEL -1'tiY CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 21 70 Service Accessibility Report overall Sure: 35 64th Percentile Location Gtf L nit=_ KEEN Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 100 yrfloodplain or > 2 acres GREEN Emergency Services Fire Response time < 5 miin. GREEN Emergency Services Police Meets response time goals most of the time GREEN Pathways Within 1/4 mile of current Pathways GREEN Transit Not within 1/4 of current or future transit route aE� Arterial Road Buildouit Status Ultimate configuration of lanes in master streets plan) matches existing #of lanes) School Walking Proximity From 1/2 to 1 mile walking YELLOW Either a H igh School or College within 2 miles OR a School Drivability Middle or Elementary Schaal within 1 mile driving r.E.MN (existing or future) Either a Regional Park within 1 mile OR a-Cornmunity Park Walkability Park within 1/2 mile OR a Neighborhood Park within GREEN 1/4 mile walking CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 22 71 Site Plan (date: 7/15/2024) NIH—A—N d.�ffl Fir 1 F1 F 21, o IiE ors CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 23 F 72 Landscape Plan(date: 8/19/2024) -Lil I III IT o- - --- 0 m a ta aEla ML i7m, F CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 24 73 Building Elevations(date: 6/28/2024) I � I � o L 1 p W 4j;' o e ¢ S �IJr1 �• Ej ! .i 9 ■ � ;�-''� ��.-�,, -Lam.....a:x:s ii �I f �'.,•!e'� � - III 4_ CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2024-0044 Page 25 74