HomeMy WebLinkAboutLinder Crossing CUP 02-042
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 01/28/03
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A DRIVE- THRU )
WINDOW FOR A COFFEE AND )
ICE CREAM SHOP IN A C-N ZONE, )
LOCATED 1551 W. CHERRY LANE )
IN THE LINDER CROSSING )
RETAIL CENTER- SOUTHEAST )
CORNER OF WEST CHERRY )
LANE AND NORTH LINDER )
ROAD, MERIDIAN, IDAHO )
)
STUBBLEFIELD DEVELOPMENT )
COMPANY, )
)
APPLICANT )
)
Case No. CUP-02-042
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on January 28,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and
Zoning Department, and John Stubblefield, 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1
FINDINGS OF FACT
I. 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 January 28,2003, 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 January 28,2003, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in a CoN zone and by reason of the
provisions ofthe Meridian City Code ~ 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located at 1551 W. Cherry Lane in the Linder Crossing retail
center - southeast comer of West Cherry Lane and North Linder Road, Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2
5. The owner of record of the subject property is Stubblefield Development
Company, P.O. Box 327, Meridian, Idaho 83680.
6. Applicant is the same as owner of record.
7. The subject property is currently zoned CoN. The zoning district ofC-N is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a coffee/ice cream
shop located in Linder Crossing. The C-N zoning designation within the City of Meridian Zoning
and Development Ordinance requires a conditional use permit be obtained for most uses including
those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section
11-8-1).
9. The Meridian City Council recognizes that the proposed application is 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 hnpact 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 3
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Directional signage shall be provided for the drive-thru at the Cherry Lane entrance,
directing traffic around the building to enter the drive-thru properly.
2. Noise levels from the drive-thru speakers shall not exceed 55 decibels, as measured
at the property line. The P&Z Commission also recommends that the applicant
attempt to find a "directional" speaker for the drive-thru to further reduce noise for
the neighboring properties.
3. Signage shall be added near the southeast comer of the building (adjacent to the
drive-thru) requesting that patrons be courteous to the neighbors by keeping noise
levels down (i.e. not playing radios too loudly, etc.).
4. Applicant shall add an evergreen tree on the southeast portion of the property, just
east of the trash enclosure, for additional buffering. The other trees shown in the
planter along the south property line behind the drive-thru shall also be evergreen.
5. The parking space at the southeast comer of the building shall be blocked offwith
either a concrete curbing or a landscape concrete planter to provide for additional
stacking depth for the drive-thru without blocking parking spaces.
6. The business using the drive-thru shall not change to a more intense, traffic-
generating use (i.e. fast food) without a new Conditional Use Permit.
B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as
follows:
Site Specific Requirements
1. Landscaping shall be installed per the submitted and previously approved Iands:;p:l
plans (Sheet TI-1.0, prepared by Architects Northwest, dated September 2002). All
landscaping shall be continuously maintained and any dead or dying vegetation shall
be replaced upon request from the City.
2. Hours of operation for the drive-through window shall be limited to 6:00am to
1 0:00pm Sunday-Thursday and 6:00am to 11 :OOpm on Fridays and Saturdays.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4
3. All exterior lighting, whether attached to the building or located within the parking
lot, shall be down-shielded or otherwise altered so that the light does not spill over
onto adjacent properties or right-of-way. All parking lot lighting shall be in
accordance with Ordinance 11-13-4C.
4. All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance. All signage is subject to design review
and shall require separate permits. Temporary or portable signs shall be prohibited,
and shall be removed upon 3 days notice to the applicant.
5. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
6. All parking shall be striped and improved in accordance with the Meridian City
Code.
7. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties and City of
Meridian standards and policies. Off-site disposal into a surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for
filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or
sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-
1 C. Coordinate location and construction requirements with Sanitary Services, Inc.
9. 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
ofa letter ofcredit or cash in the amount ofllO% of the cost 0 fthe required
improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy. Any temporary occupancy will
not exceed 60 days to complete the required improvements.
10. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/ conditions.
C. Adopt the Recommendations of ACHD as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5
On August 7, 2002, the Ada County Highway District Commissioners acted on CZC-02-
027. The conditions and requirements also apply to CUP-02-042.
Site Soecific Conditions of Aooroval
1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the
parcel by means of execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first. Allow up to 30
business days to process the right-of-way dedication after receipt of all requested
material. The owner will be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way ifthe owner
submits a letter of application to the impact fee administrator prior to breaking
ground, in accordance with the appropriate ACHD Ordinance in effect at the time
ofthe request (currently Ordinance #195).
2. Construct a maximum 35-foot wide driveway on Linder Road, located
approximately 200- feet south ofthe signalized intersection at Cherry Lane.
Construct an on-site island to restrict the driveway to right-inlright-out.
Coordinate the design of the island with Traffic Services staff for review and
approval. The island may have to be constructed within the new right-of-way to
be effective. Pave the driveway its full width of30 to 35-feet and at least 30-feet
into the site beyond the edge of pavement of Linder Road and install pavement
tapers with 15-foot radii abutting the existing roadway edge.
Construct a maximum 35-foot wide driveway on Cherry Lane located
approximately 400-feet east of Linder Road. This driveway shall be shared with
the parcel directly to the east OR; it shall be restricted to right-inlright-out. Prior
to construction plan approval for this driveway, the applicant shall provide a
recorded cross access easement to A CHD staff for the parcel to the east to use this
parcel for access to the public streets. If a cross access agreement is not reached,
the driveway shall be restricted to right-inlright-out. Pave the driveway its full
width of30 to 35-feet and at least 30-feet into the site beyond the edge of
pavement of Cherry Lane with 15-foot curb radii.
3. Provide a minimum of 50-feet of on-site stacking for all approved driveways.
4. Replace unused curb cuts on Cherry Lane with standard curb, gutter and concrete
sidewalk to match existing improvements.
5. Close the existing driveway on Linder Road, located approximately 85-feet south
of the north property line, with landscaping, berming, temporary curbing, or other
ACHD approved method to prohibit access to the driveway.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6
6. In lieu of constructing the sidewalk improvements on Linder Road, the applicant
shall provide a $2,000.00 deposit to the Public Rights-of-Way Trust Fund for the
cost of constructing 5- foot wide concrete sidewalk abutting the parcel
(approximately 100- feet) on Linder Road prior to issuance of a building permit.
7. Other than the access points specifically approved with this application, direct lot
or parcel access to Linder Road or Cherry Lane is prohibited.
8. Comply with all Standard Conditions of Approval.
Standard Conditions of Aooroval
1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction ofthe proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District
Road hnpact Fee Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 7
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call mGUNE
(1-800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No 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 the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject ofthis application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2
hours to service the entire project. Fire hydrants shall be placed an average of 400'.
1997 UFC Appendix ill-A.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. All radii shall be 28' inside and 48' outside radius for the internal road system.
5. Provide a 20' fire lane around the building.
E. Adopt the Recommendations of Central District Health Department as follows:
1. Plans are required to be submitted for a plan review for any food establishment.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8
F. Adopt the Recommendations of Sanitary Service Company as follows:
1. Enclosure is adequate, but the enclosure could use a little more clearance inside of
the gates when open.
G. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. It appears all storm drainage is being retained on site according to the plans dated
October 21, 2002 and signed by Randall Haverfield. However, if the storm
drainage is changed the District will require a Land Use Change / Site application.
2. According to the plans the proposed application will not impact the Nampa &
Meridian Irrigation District and no further review is necessary.
14. That the site is large enough to accommodate the required parking, landscaping,
and other features required of a drive-through use by MCC ordinance.
15. The current Comprehensive Plan Land Use Map designates the property as
"Commercial" and is currently zoned "C-N". It is found that the requested "Drive-Through" use
is a "Conditional Use" according to MCCII-8-1. It is also found that if the drive-through use is
approved with conditions by the Commission and Council, the use will be harmonious with the
Meridian Zoning Ordinance and the Comprehensive Plan.
16. It is found that the proposed development will not change the existing or intended
character of the general vicinity (currently a mix of commercial, residential, and restaurant uses).
17. It is found that if the proposed use, ifit complies with all conditions of the
approval imposed, will not adversely affect other property in the vicinity.
18. It is found that the proposed development will be adequately served by the
essential public facilities and services.
19. It is found that the proposed use would not be detrimental to the economic welfare
of the community, nor would it create the need for any new facilities or services to be paid for by
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9
the public.
20. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result
from the proposed use, ifthe applicant complies with all the conditions required by all agencies.
21. It is found that the proposed use will not create significant interference with any
traffic on the surrounding public streets as long as ACHD requirernents are enforced.
22. It is found that no natural or scenic feature will be lost, damaged or destroyed by
issuance ofthis conditional use.
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 (LC. ~67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subj ect 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 - 10
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code ~ 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements 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 ofthe 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 of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, 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 Neighborhood Business District
(C-N), 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 ofthe
land under consideration for the conditional use permit all in accordance with the provisions of
Meridian City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11
provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation ofthe Commission."
6. Following the public hearing and within 45 days after the conclusion ofthe
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 ~
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.
8. The City of Meridian has, by ordinance, established the hnpact Area and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12
Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629,
January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1. That the above named applicant is granted a conditional use permit for a coffee/ice
cream shop located in Linder Crossing in a CoN zone located at 1551 W. Cherry Lane, Meridian,
Idaho, 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. Directional signage shall be provided for the drive-thru at the Cherry Lane entrance,
directing traffic around the building to enter the drive-thru properly.
2. Noise levels from the drive-thru speakers shall not exceed 55 decibels, as measured at the
property line. The P&Z Commission also recommends that the applicant attempt to find a
"directional" speaker for the drive-thru to further reduce noise for the neighboring
properties.
3. Signage shall be added near the southeast comer of the building (adjacent to the drive-
thru) requesting that patrons be courteous to the neighbors by keeping noise levels down
(i.e. not playing radios too loudly, etc.).
4. Applicant shall add an evergreen tree on the southeast portion of the property, just east of
the trash enclosure, for additional buffering. The other trees shown in the planter along
the south property line behind the drive-thru shall also be evergreen.
5. The parking space at the southeast comer of the building shall be blocked off with either a
concrete curbing or a landscape concrete planter to provide for additional stacking depth
for the drive-thru without blocking parking spaces.
6. The business using the drive-thru shall not change to a more intense, traffic-generating use
(i.e. fast food) without a new Conditional Use Permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13
B. Adopt the Recornmendations of the Planning and Zoning and Engineering staff as follows:
Site Specific Requirements
1. Landscaping shall be installed per the submitted and previously approved landscape plans
(Sheet TI-l.O, prepared by Architects Northwest, dated September 2002). All landscaping
shall be continuously maintained and any dead or dying vegetation shall be replaced upon
request from the City.
2. Hours of operation for the drive-through window shall be limited to 6:00am to 10:00pm
Sunday-Thursday and 6:00am to 11 :OOpm on Fridays and Saturdays.
3. All exterior lighting, whether attached to the building or located within the parking lot,
shall be down-shielded or otherwise altered so that the light does not spill over onto
adjacent properties or right-of-way. All parking lot lighting shall be in accordance with
Ordinance 11-13-4C.
4. All signage shall be in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinance. All signage is subject to design review and
shall require separate permits. Temporary or portable signs shall be prohibited, and shall
be removed upon 3 days notice to the applicant.
5. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
6. All parking shall be striped and improved in accordance with the Meridian City Code.
7. 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 a surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to development plan
approval. The applicant is responsible for filing all necessary applications with the Idaho
Department of Water Resources regarding Shallow Injection Wells.
8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight
obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C.
Coordinate location and construction requirements with Sanitary Services, Inc.
9. Certificate of Occupancy: All required improvements must be complete prior to obtaining
a Certificate of Occupancy for the proposed development. A temporary Certificate of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14
Occupancy may be obtained by providing surety to the City in the form of a letter of credit
or cash in the amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request for
temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the
required improvements.
10. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/ conditions.
C. Adopt the Recommendations of ACHD as follows;
On August 7, 2002, the Ada County Highway District Commissioners acted on CZC-02- (T
The conditions and requirements also apply to CUP-02-042.
Site Soecific Conditions of Aooroval
1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the
parcel by means of execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first. Allow up to 30
business days to process the right-of-way dedication after receipt of all requested
material. The owner will be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way if the owner
submits a letter of application to the impact fee administrator prior to breaking
ground, in accordance with the appropriate ACHD Ordinance in effect at the time
of the request (currently Ordinance #195).
2. Construct a maximum 35-foot wide driveway on Linder Road, located approximately
200-feet south of the signalized intersection at Cherry Lane. Construct an on-site
island to restrict the driveway to right-inlright-out. Coordinate the design ofthe island
with Traffic Services staff for review and approval. The island may have to be
constructed within the new right-of-way to be effective. Pave the driveway its full
width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of
Linder Road and install pavement tapers with 15-foot radii abutting the existing
roadway edge.
Construct a maximum 35-foot wide driveway on Cherry Lane located
approximately 400-feet east of Linder Road. This driveway shall be shared with
the parcel directly to the east OR; it shall be restricted to right-inlright-out. Prior
to construction plan approval for this driveway, the applicant shall provide a
recorded cross access easement to ACHD staff for the parcel to the east to use this
parcel for access to the public streets. If a cross access agreement is not reached,
the driveway shall be restricted to right-inlright-out. Pave the driveway its full
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15
width of 30 to 35-feet and at least 30-feet into the site beyond the edge of
pavement of Cherry Lane with 15- foot curb radii.
3. Provide a minimum of 50-feet of on-site stacking for all approved driveways.
4. Replace unused curb cuts on Cherry Lane with standard curb, gutter and concrete
sidewalk to match existing improvements.
5. Close the existing driveway on Linder Road, located approximately 85-feet south
of the north property line, with landscaping, berming, temporary curbing, or other
ACHD approved method to prohibit access to the driveway.
6. In lieu of constructing the sidewalk improvements on Linder Road, the applicant
shall provide a $2,000.00 deposit to the Public Rights-of-Way Trust Fund for the
cost of constructing 5-foot wide concrete sidewalk abutting the parcel
(approximately 100-feet) on Linder Road prior to issuance of a building permit.
7. Other than the access points specifically approved with this application, direct lot
or parcel access to Linder Road or Cherry Lane is prohibited.
8. Comply with all Standard Conditions of Approval.
Standard Conditions of Avproval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction ofthe proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District
Road hnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call mGUNE
(1-800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No 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 the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a waiver/variance
of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2
hours to service the entire project. Fire hydrants shall be placed an average of 400'.
1997 UFC Appendix ill-A.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 17
4. All radii shall be 28' inside and 48' outside radius for the internal road system.
5. Provide a 20' fire lane arouod the building.
E. Adopt the Recommendations of Central District Health Department as follows:
1. Plans are required to be submitted for a plan review for any food establishment.
F. Adopt the Recommendations of Sanitary Service Company as follows:
1. Enclosure is adequate, but the enclosure could use a little more clearance inside of
the gates when open.
G. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. It appears all storm drainage is being retained on site according to the plans dated
October 21, 2002 and signed by Randall Haverfield. However, ifthe storm
drainage is changed the District will require a Land Use Change / Site application.
3. According to the plans the proposed application will not impact the Nampa &
Meridian Irrigation District and no further review is necessary.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 18
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real
property which may be adversely affected by the issuance or denial of the conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek a judicial
review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
III!:: dayof
f;e6ruM--'1 ,2003.
v
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED t:l6Fe;vC
COUNCILWOMAN TAMMY deWEERD
VOTED$tL
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED ~ IX.-
COUNCILMAN WILLIAM L.M. NARY
VOTED /jRa.-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 2-1/-03
-
MOTION: ~
APPROVED: '
DISAPPROVED:
By:JI~~~ r~
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 01128/03
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FORADRIVE-THRU )
WINDOW FOR A COFFEE AND )
ICE CREAME SHOP IN A CoN )
ZONE, LOCATED 1551 W. )
CHERRY LANE IN THE LINDER )
CROSSING RETAIL CENTER- )
SOUTHEAST CORNER OF WEST )
CHERRY LANE AND NORTH )
LINDER ROAD, MERIDIAN, )
IDAHO )
)
STUBBLEFIELD DEVELOPMENT )
COMPANY, )
)
APPLICANT )
)
Case No. CUP-02-042
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on January 28, 2003, under the
provisions of Meridian City Code ~ 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for a
coffee/ice cream shop located in Linder Crossing in a CoN zone located at 1551 W. Cherry Lane,
Meridian, Idaho, subject to the following conditions of use and development:
A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows:
ORDER CONDITIONAL USE PERMIT
(CUP-02-042)
-1
1. Directional signage shall be provided for the drive-thru at the Cherry Lane entrance,
directing traffic around the building to enter the drive-thru properly.
2. Noise levels from the drive-thru speakers shall not exceed 55 decibels, as measured
at the property line. The P&Z Commission also recommends that the applicant
attempt to find a "directional" speaker for the drive-thru to further reduce noise for
the neighboring properties.
3. Signage shall be added near the southeast comer of the building (adjacent to the
drive-thru) requesting that patrons be courteous to the neighbors by keeping noise
levels down (i.e. not playing radios too loudly, etc.).
4. Applicant shall add an evergreen tree on the southeast portion of the property, just
east of the trash enclosure, for additional buffering. The other trees shown in the
planter along the south property line behind the drive-thru shall also be evergreen.
5. The parking space at the southeast comer ofthe building shall be blocked off with
either a concrete curbing or a landscape concrete planter to provide for additional
stacking depth for the drive-thru without blocking parking spaces.
6. The business using the drive-thru shall not change to a more intense, traffic-
generating use (i.e. fast food) without a new Conditional Use Permit.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Requirements
1. Landscaping shall be installed per the submitted and previously approved Iands:ape
plans (Sheet TI-1.0, prepared by Architects Northwest, dated September 2002). All
landscaping shall be continuously maintained and any dead ordyingvegetationshall
be replaced upon request from the City.
2. Hours of operation for the drive-through window shall be limited to 6:00am to
1 0:00pm Sunday-Thursday and 6:00am to 11 :OOpm on Fridays and Saturdays.
3. All exterior lighting, whether attached to the building or located within the parking
lot, shall be down-shielded or otherwise altered so that the light does not spill over
onto adjacent properties or right-of-way. All parking lot lighting shall be in
accordance with Ordinance 11-13-4C.
ORDER CONDITIONAL USE PERMIT
(CUP-02-042)
-2
4. All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance. All signage is subject to design review
and shall require separate permits. Temporary or portable signs shall be prohibited,
and shall be removed upon 3 days notice to the applicant.
5. Ail construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
6. All parking shall be striped and improved in accordance with the Meridian City
Code.
7. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties and City of
Meridian standards and policies. Off-site disposal into a surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for
filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or
sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-
1 C. Coordinate location and construction requirements with Sanitary Services, Inc.
9. Certificate of Occupancy: Ail required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the form
ofa letter ofcredit or c ash in the amount 0 f 110% of the cost of the required
improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy. Any temporary occupancy will
not exceed 60 days to complete the required improvements.
10. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/conditions.
C. Adopt the Recommendations of ACHD as follows:
On August 7, 2002, the Ada County Highway District Commissioners acted on CZC-02-
027. The conditions and requirements also apply to CUP-02-042.
ORDER CONDITIONAL USE PERMIT
(CUP-02-042)
-3
Site Soecific Conditions of Aooroval
1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the
parcel by means of execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs fust. Allow up to 30
business days to process the right-of-way dedication after receipt of all requested
material. The owner will be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way if the owner
submits a letter of application to the impact fee administrator prior to breaking
ground, in accordance with the appropriate ACHD Ordinance in effect at the time
ofthe request (currently Ordinance #195).
2. Construct a maximum 35-foot wide driveway on Linder Road, located
approximately 200- feet south ofthe signalized intersection at Cherry Lane.
Construct an on-site island to restrict the driveway to right-inlright-out.
Coordinate the design of the island with Traffic Services staff for review and
approval. The island may have to be constructed within the new right-of-way to
be effective. Pave the driveway its full width 000 to 35-feet and at least 30-feet
into the site beyond the edge of pavement of Linder Road and install pavement
tapers with 15-foot radii abutting the existing roadway edge.
Construct a maximum 35-foot wide driveway on Cherry Lane located
approximately 400-feet east of Linder Road. This driveway shall be shared with
the parcel directly to the east OR; it shall be restricted to right-inlright-out. Prior
to construction plan approval for this driveway, the applicant shall provide a
recorded cross access easement to ACHD staff for the parcel to the east to use this
parcel for access to the public streets. If a cross access agreement is not reached,
the driveway shall be restricted to right-inlright-out. Pave the driveway its full
width of 30 to 35-feet and at least 30-feet into the site beyond the edge of
pavement of Cherry Lane with 15- foot curb radii.
3. Provide a minimum of 50- feet of on-site stacking for all approved driveways.
4. Replace unused curb cuts on Cherry Lane with standard curb, gutter and concrete
sidewalk to match existing improvements.
5. Close the existing driveway on Linder Road, located approximately 85-feet south
of the north property line, with landscaping, berming, temporary curbing, or other
ACHD approved method to prohibit access to the driveway.
6. In lieu of constructing the sidewalk improvements on Linder Road, the applicant
shall provide a $2,000.00 deposit to the Public Rights-of-Way Trust Fund for the
ORDER CONDITIONAL USE PERMIT
(CUP-02-042)
-4
cost of constructing 5- foot wide concrete sidewalk abutting the parcel
(approximately 100-feet) on Linder Road prior to issuance of a building permit.
7. Other than the access points specifically approved with this application, direct lot
or parcel access to Linder Road or Cherry Lane is prohibited.
8. Comply with all Standard Conditions of Approval.
Standard Conditions of Aooroval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. 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 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance # 195, also known as Ada County Highway District
Road hnpact Fee Ordinance.
ORDER CONDITIONAL USE PERMIT
(CUP-02-042)
-5
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGUNE
(1-800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No 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 the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1 ,000 gallons per minute shall be available for duration of2
hours to service the entire project. Fire hydrants shall be placed an average of 400'.
1997 UFC Appendix ill-A.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. All radii shall be 28' inside and 48' outside radius for the internal road system.
5. Provide a 20' fire lane around the building.
E. Adopt the Recommendations of Central District Health Department as follows:
1. Plans are required to be submitted for a plan review for any food establishment.
ORDER CONDITIONAL USE PERMIT
(CUP-02-042)
-6
F. Adopt the Recommendations of Sanitary Service Company as follows:
1. Enclosure is adequate, but the enclosure could use a little more clearance inside of
the gates when open.
G. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. It appears all storm drainage is being retained on site according to the plans dated
October 21, 2002 and signed by Randall Haverfield. However, if the storm
drainage is changed the District will require a Land Use Change / Site application.
2. According to the plans the proposed application will not impact the Nampa &
Meridian Irrigation District and no further review is necessary.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to
this permit.
By action of the City Council at its regular meeting held on the
h6~tf
o
//-f}.
day of
,2003.
D. Corrie, Mayor City of Meridian
ORDER CONDITIONAL USE PERMIT
(CUP-02-042)
-7
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
By: ~~~~~
Cl Clerk .
Dated: 7 -/2- --/) 3
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ORDER CONDITIONAL USE PERMIT
(CUP-02-042)
-8