The URL can be used to link to this page

Home My WebLink About2003-12-02 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 2, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd X --=x= Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: d'j/~v.e c:r-f tUh~decL 3. Consent Agenda: A. Approve minutes of November 12, 2003 City Council Regular Meeting: ~t/VJL B. Findings of Fact and Conclusions of Law for Denial: CUP 03- 042 Request for a Conditional Use Permit for a new Carl's Jr. restaurant with drive-thru service window by Clayton Jones - north of Intersection of South Meridian Road, East Central Drive and South Main Street: ~ ve /U VI:r eeL C. Lift Station Maintenance Agreement for Moshers Farm (CMD, Inc.): ~vJL D. Approve Bills: v~v.z 4. Department Reports: A. Fire Department - Kenny Bowers: 1. Update on Station # 3: tkpd~vt.G 2. Update on Grants: Uf'~ 5. (Items Moved from Consent Agenda) Ordinance No. 1/ 3 -I 0 60 Ordinance 03-1046: tfi/prGJv..!- h.4 n .J2..- 6. : Amending the Amended Sign Meridian City Council Agenda -December 2,2003 Page I of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Public Hearing: CUP 03-049 Request for a Conditional Use Permit for an Emissions Testing Center in a C-C zone for Hark's Corner Emission Center by L&J Capital Ventures, LLC - 1651 West Franklin Road: ~ /lot nol7ad. Pivj2bl11-/re /Ul17ud- nr .:7itl1iA4/Uj 1~2t?o~ 8. Public Hearing: CUP 03-051 Request for a Conditional Use Permit for a coffee shop with auxiliary drive-thru in a C-G zone for Starbucks by Wenco, Inc. - northeast corner of South Meridian Road and East Corporate Drive: Cli-rol-ney i-o j//'€jJCf/lR -J:/-F 'c/~ ~ a-/,~va.L 9. Public Hearing: CUP 03-052 Request for a Conditional Use Permit to construct three buildings for Wendy's / Starbucks I Kinkos with auxiliary drive thrus and a 6,500 square foot retail pad in a I-L zone by Wenco, Inc. - northwest corner of North Eagle Road and East Florence Street: a.-rflirn'teJ to jJrefJ~ r/~.( c/~ -(in- ~~ Meridian City Council Agenda -December 2,2003 Page 2 of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. AGENCY COMMENTS CITY CLERK: CITY ENGfNEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: iDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: j/" ~vr Contacted: Emailed: Dote: Staff Initials: Phone: Materials presented at public m..flngs shall become property of the City of Meridian. ( \ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 2,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie 2. Adoption of the Agenda: Approve as Amended 3. Consent Agenda: A. Approve minutes of November 12, 2003 City Council Regular Meeting: Approve B. Findings of Fact and Conclusions of Law for Denial: CUP 03- 042 Request for a Conditional Use Permit for a new Carl's Jr. restaurant with drive-thru service window by Clayton Jones - north of Intersection of South Meridian Road, East Central Drive and South Main Street: Approve Revised C. Lift Station Maintenance Agreement for Mashers Farm (CMD, Inc.): Approve D. Approve Bills: Approve 4. Department Reports: A. Fire Department - Kenny Bowers: 1. Update on Station # 3: Update 2. Update on Grants: Update 5. (Items Moved from Consent Agenda) None 6. Ordinance No. 03-1060 Ordinance 03-1046: Approve Amending the Amended Sign Meridian City Council Agenda -December 2, 2003 Page I of 2 All materials presented at public meetings shall become propelty of the City of Meridian. Anyone desiring accommodation for disabilities related to docunlents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Public Hearing: CUP 03-049 Request for a Conditional Use Permit for an Emissions Testing Center in a C-C zone for Hark's Corner Emission Center by L&J Capital Ventures, LLC - 1651 West Franklin Road: Not Noticed Properly - renoticed for January 13, 2004 Meeting 8. Public Hearing: CUP 03-051 Request for a Conditional Use Permit for a coffee shop with auxiliary drive-thru in a C-G zone for Starbucks by Wenco, Inc. - northeast corner of South Meridian Road and East Corporate Drive: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 9. Public Hearing: CUP 03-052 Request for a Conditional Use Permit to construct three buildings for Wendy's / Starbucks / Kinkos with auxiliary drive thrus and a 6,500 square foot retail pad in a I-L zone by Wenco, Inc. - northwest corner of North Eagle Road and East Florence Street: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda -December 2, 2003 Page :2 of:2 A II materials presented at publ ic meetings shall become property 0 l' the City 0 f Meridian. Anyone desiring accoml11odation for disabilities related lO documents and/or hearing please contact the City Clerk's Office at 888-4433 al least 48 hours prior to the publ ic meeting. ( ( \ Meridian City Council Meetinq December 2. 2003. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, December 2,2003, by Council President Tammy de Weerd. Members Present: Tammy de Weerd, William Nary, Keith Bird, and Cheri McCandless. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Will Berg, Anna Powell, Gary Smith, Kenny Bowers, Joe Johnson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Tammy de Weerd X X Cherie McCandless X o Robert Corrie Bill Nary Keith Bird De Weerd: Okay. I will go ahead and call this meeting to order, the City Council regular meeting of December 2nd. It's 7:00 o'clock and we will start with roll call attendance. Item 2: Adoption of the Agenda: De Weerd: I'm glad we are all here or present. Item number two, adoption of the agenda. Nary: Madam President? De Weerd: Mr. Nary. Nary: We had some substituted findings that were provided to us today from Mr. Nichols and his office and so I would request that we either substitute them as 38 or remove 38 to 58, so we make sure we -- so the record is clear which findings we are approving, whichever is easier. I don't think it matters. De Weerd: Mr. Nichols, is there a preferred method, then? Nichols: Madam President, I don't think -- I have no preference. The latest draft of the findings includes the notice of final action and right to regulatory takings analysis, which was not in the previous draft, so as long as it's the one with that information in it, then, it's the correct findings. De Weerd: Okay. Nichols: Assuming that the Council agrees that what I drafted reflects your decision. Meridian City Council December 2, 2003 Page 2 and 26 Bird: Madam President? De Weerd: Mr. Bird. Bird: We also have noticed that Hark's Corner did not -- failed to post the property, so item seven will have to be -- I mean I realize this is just an agenda and we will have to do it when it comes -- when we come to item seven, but do we -- do we take that -- we can't continue -- do we continue or -- De Weerd: We don't even open it. Bird: We donlt even open it, do we? Nichols: Madam President, members of the Council, it just doesn't get opened at all, because it's completely renoticed, republished. Bird: It will come on another agenda. De Weerd: Okay. Okay. Anything further? I would consider a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we adopt the amended agenda as stated. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. And those amendments would include item seven, co,ntinuing to -- or at least postponing to January 13th, 2004, and are we recommending doing anything on the Consent Agenda? Nary: Madam President? Bird: Well, we do that on the Consent. De Weerd: Mr. Nary. Nary: What I would simply ask -- and I could do this by motion. We could add this -- basically, substitute the findings as presented today from Mr. Nichols' office. I think these are dated -- Bird: November 10th or -- we do that when we get to the Consent Agenda. Right now we are just approving the agenda. ( Meridian City Council December 2, 2003 Page 3 and 26 Nary: You're right. 11m sorry. You're right. You're right. I'm sorry. Yeah. We can do that. De Weerd: I just wanted to know if we needed to pull it onto the regular agenda. Bird: When we do the Consent, we will -- De Weerd: Okay. Okay. All those in favor of the agenda as amended say aY.8. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes of November 12, 2003 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Denial: CUP 03- 042 Request for a Conditional Use Permit for a new Carl's Jr. restaurant with drive-thru service window by Clayton Jones - north of Intersection of South Meridian Road, East Central Drive and South Main Street: c. Lift Station Maintenance Agreement for Mashers Farm (CMD, Inc.) : D. Approve Bills: De Weerd: Item number three, consent agenda. Bird: Madam President? De Weerd: Mr. Nary. Bird: Oh, Mr. Nary. Nary: Madam President, I was just going to move that we substitute the findings as presented today by Mr. Nichols and his office for the denial of the CUP 03-042, the substitute for the findings that were originally presented. Bird: That's on item 3B? Nary: Item 3B. Yes. Bird: I second that. ( Meridian City Council December 2, 2003 Page 4 and 26 De Weerd: Do you wish the Council President and Clerk attest? Nary: Well, we have to approve the whole Consent Agenda. We are just moving to add the -- De Weerd: Okay. It's been moved and second to substitute the new findings for Item 38. All those in favor say aye? Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move we approve the revised Consent Agenda with item 38 being changed to the new findings and for the Council President to sign and the clerk to attest on all proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda with the substitute on 38 and ask the Council President to sign and Clerk attest. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 4: Department Reports: A. Fire Department - Kenny Bowers: 1. Update on Station # 3: De Weerd: Okay. Okay. Item 4A. All right. We have some good news from the Fire Department and Kenny is here to -- and Bill. Fill us in. Bowers: Yes, we do have some good news. Madam President and City Council members, an exciting time again for the Meridian Fire Department. We have done our walk through at the Fire Station at 3545 North Locust Grove this morning with ZGA, ESI, the city and the rural, went through it and done our punch list of things that we found wrong with the building outside and inside. Of course, you always get the original -- or most of the scraped paint, the little dents here and there, dirt on the carpet in places, so we have got some of that to do. We have got some cracked concrete that they will be replacing around the building and we still got some light fixtures from the outside of the house that are -- outside of the building that are on back order. Everything else seems Meridian City Council December 2, 2003 Page 5 and 26 to be going along very well at this time. We are looking at possibly a move-in date this Saturday, moving the guys and the equipment in and, then, having a ribbon cutting later on in a couple weeks or maybe the first part of January sometime. Mr. Bird, you would be very happy with us, I believe. On our change orders this year 2,300 dollars was all of our change orders, so -- Bird: That's great. Bowers: I really appreciate that. I knew that would make you smile a little bit there. Bird: Well, I guess for the fourth one we won't expect any change orders. Bowers: No. That's the scary part. That's the scary part, so -- De Weerd: Well -- and, Kenny, 2,000 of that was just because we had taken the fence out, because the neighbor next door didn't want it and, then, he wanted it back in, so it really would have been only 300 dollars. Bowers: So, it looks real good. Madam President came out and walked through the building today with us and it was a learning experience. I had to do a punch list and she had a good time it sounded like, so it sounds like this Saturday we will be moving stuff in. So, I appreciate everything you guys have done to support us on the building. It looks very nice. It's looking good. So, I don't know if the Parks Department will like it as much, we got a lot more grass and a lot more landscaping, but it looks good. So, thank you. De Weerd: Thank you, Kenny. Bird: Madam President? De Weerd: Mr. Bird. Bird: Just to add one thing on the parks there. Now, when they need a new lawn mower, you guys are going to buy it; right? Bowers: We might have to help out. We might have to help out with all the buildings we have, so -- yep. Nary: So much for that savings on all the change orders. Bowers: Yeah. Bird: We are not going to stop here. 2. Update on Grants: ( Meridian City Council December 2, 2003 Page 6 and 26 De Weerd: Item number two, update on grants. Bowers: Item number two. I believe last week Madam President had mentioned discussing -- having us come tonight and discuss about our grants that we have applied for, some of them we haven It got, some of them that we are hoping to get, so I will turn this over to Deputy Chief Johnson and let him explain a little bit what we are doing. Johnson: Madam President, members of the Council, thank you for letting us speak tonight. Basically, right now the Meridian Fire Department is dealing with three grants. If I can figure out how to -- first off, we have applied for -- this last year three grants and we have been awarded the grants. The awarded amount right now is approximately standing at 166,679 dollars. De Weerd: Good job. Johnson: The first grant that we applied for was the grant from FEMA, which is the aid to Fire Departments. We got 29,238 dollars with a ten percent match and I believe that that matching funds is coming from the rural on construction and cost for the fire safe house that we are doing out on the school district property. The next one that you see there is Department of Highway Safety, we received 24,800 dollars, with a 25 percent match for some rescue equipment for auto extrication. We have been awarded the grant, but the money hasn't been freed up yet from the federal government, so we are just waiting for them to say spend the money and we, out of our equipment fund for the new engine, we do have the money for the matching funds there. The big one we got, Department of Homeland Security Preparedness Grant. This one kind of hit us by surprise last spring. They said we are going to have some money put in for your wish list on homeland security type issues. I put together a small list and the man in change of the grant program said that's too small, put in for more, so I called a couple of the firefighters and put together a grant just under 500,000 dollars. As you can see, we were awarded about 112,000. That is zero percent match. Basically, we order the equipment and we have the bill sent to the state, we keep track of it for the state for three years and, then, after three years it becomes property of the Meridian Fire Department. The equipment we are getting out of that is new self-contained breathing apparatus that meet the chemical, biological, and nuclear terrorism threats, basically allows us to upgrade some of our older equipment and also some technical rescue equipment for building collapse, trench rescue, so that we can better serve the citizens out here with all the construction we have and part of this is also going toward inter- operability, so we will be able to interiace better with Boise, Nampa, and the surrounding jurisdictions and get the groundwork set in place, so when we bring in the big technical rescue team we have got the first step done. As you can see the preparedness grant has a little over 300,000 dollars pending for equipment. What they said on this grant was put in for your money, if it doesn't get awarded the first time, we are going to keep it on a list and we may award it next time and it looks like Idaho is in line again for approximately 15 millions dollars coming into the state again, which is equal to what they got last time or just a little less. So, we stand a pretty good shot of getting some more of our equipment we put in for. They also said we could edit the list, ( Meridian City Council December 2, 2003 Page 7 and 26 so as we get this equipment in, members of the department and I will be reevaluating the equipment and, then, just recently -- well, the benefits of our grants, number one, it will allow us to develop new programs not otherwise affordable. Our technical rescue equipment, able to purchase new equipment to meet growing needs and the one I like best there is able to keep our capital outlay budget under control without having to go out all the time and getting big purchases out of the capital outlay budget. Some of the other applications we use this for: Fire prevention programs, the fire safe house, our new equipment, and in personnel. There is a new grant program that is coming out that just got approved, is the safes grant. They have not funded it yet, but the president did sign it into law and what it is, is it's along the lines of the old cops grant that says we will pay a certain percentage of funds for police officers for the first so many years. Well, this one is on the firefighters, it's actually a five year program where they will pay a percentage tapering down for five years is the way it's worded right now and it's designed to help departments meet their staffing needs for their communities. We will learn a little bit more about that as it comes along and we will see what kind of funding it gets. The fires grant, this last year they have 750 million available to departments and as you can see again in 2004, they have budgeted another 750 million. This is where we can go for equipment or programs. This is where we got our prevention monies this last time. Each department is limited to 750,000 dollars per year in that grant program, so with a little bit of foresight and working, I'd like to go for a lot larger amount, although it's a matching funds grant based on population served. So, we hit that magic number of 50,000, it goes from a ten percent match to a 30 percent match. Then, the preparedness grant is continued funding of basically right now unknown amounts for equipment and training. But the buzz word out of Washington is ifs -- that's the forefront of the monies coming from homeland security, it's going to be big time dollars going to the local responders and, then, EMS grants from the state for various programs and training. These are a lot of smaller grants and we just need to look at and see which ones will actually benefit. One of them is a reporting -- you can get grants for getting computer software for reporting, stuff like that, so we are going to have to evaluate and see where we are at on that for those grants. Deadlines for applications. They tend to vary, but with like the fires grant, it opens up like the 1 st of March and by the first part of April it's closed, so we got basically a short time frame to fill out the application and get it submitted, get all of our documentation. So, that's where we are at on these and all these other grants that I have been looking at, they get announced and ifs like within the next six weeks you got to have all your stuff in. So, that's a challenge that's going to be facing us for the grants. Thafs where we are at with our grants right now. Do you have any questions for me? De Weerd: Thank you, Bill. No, you have done an absolutely fantastic job. Kenny and Joe, I think that we -- what kind of turned us around the corner is we got some assistance from Butch Otter's office and they connected us with a contact over at FEMA in Seattle and gave us some ideas and suggestions on how -- what we should have in the grants that we write and that grant we received -- and that was kind of the first of many other successful attempts and so that's great news for the Fire Department. I think, Bill, that personnel grant, that's going to come on line about the time we are planning on station four, isn't it? { I ( Meridian City Council December 2, 2003 Page 8 and 26 Johnson: They are actually looking at funding next fall for the first round of that. So, yeah, for Station Four it will be there and what they are looking at is the first year will be a 90 percent match -- the first year will be like a 90 percent, they will pick up, the second year 75, and, then, it tapers down to the last year being like percent. Then, we have to guarantee we will keep the people on it for one year, but "for communities that are growing, that will definitely help us budget for it anyway and get the personnel. De Weerd: That's fantastic. Any questions, Council? Comments? Bird: Madam President? De Weerd: Mr. Bird. Bird: Bill, on this personnel thing, when you hire new people, it takes care of -- it should take care of your overtime and that will pay for your matching funds, in my book. Johnson: I think it will start to greatly diminish and especially with the opening of Station Four, cutting down our needs for extra personnel coming back when we have the structure fires and stuff in town, yes. Bird: Yeah. Okay. De Weerd: Thank you. Anything further? Nary: Madam President? De Weerd: Mr. Nary. Nary: I guess I would just echo the comments you have already made. I think it's great, chief, and, Bill, as to how the department has really found those and I'd continue to do that, so I think it's great. De Weerd: Yes. Thank you. I know Bill gets a lot of help from the firefighters and I think you have a volunteer that also assists in that. Johnson: Yeah. I have got -- there is -- the support we get from the troops down below has just been astronomical. They want to push for it, because they want the equipment and the training to be able to do their jobs, so -- De Weerd: Well, please extend our thanks to them as well. Johnson: I will. Thank you. Item 5: (Items Moved from Consent Agenda) ( ( Meridian City Council December 2, 2003 Page 9 and 26 De Weerd: Thank you. Thanks, Kenny. Okay. Moving on, we did not move any item from the Consent Agenda. Item 6: Ordinance No. Ordinance 03-1046: Amending the Amended Sign De Weerd: So, we will go to item number six, which is Ordinance No. 03-1060, amending the amended sign ordinance 03-1046. Mr. Clerk, will you, please, read this by title only. Berg: Thank you, Madam President, members of the Council. Ordinance No. 03-1060, an ordinance of the City of Meridian amending Section 5.1 reader boards, of Chapter 14 of Title 11 of Meridian City Code to provide additional language on manual signs within this section, providing for conflicts, validity, a savings clause, and providing an effective date. De Weerd: Thank you. You have heard this Ordinance 03-1060 by title only. Is there anyone that would like to hear it read in its entirety? Okay. Hearing none -- Nary: Madam President? De Weerd: Mr. Nary. Nary: I just had a question. Since we passed this sign ordinance and we haven't had a discussion about this, which I don't have any problem with this, I guess I'm just curious, was this somehow left out of the original or was there some tweaking of language that was missed earlier or -- Nichols: Madam President, members of the Council, this is just a scrivener's error. It was in the -- it was in the draft that was discussed and, then, when we brought it forward in final form somehow it got dropped. So, we -- staff caught that right away and we wanted to make sure we got it back from you and got it back in. Nary: Great. Thank you. De Weerd: And that was the item that we had continued for just that one particular Item. Bird: Madam President? De Weerd: Okay. Mr. Bird. Bird: I move that we pass Ordinance 03-1060, the amending of the amended sign Ordinance 03-1046, with suspension of rules. McCandless: Second. ( Meridian City Council December 2, 2003 Page 10 and 26 De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1060, with suspension of rules. Mr. Berg, will you call roll. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. De Weerd: Okay. All ayes. MOTION CARRIED: ALL AYES. Item 7: Public Hearing: CUP 03-049 Request for a Conditional Use Permit for an Emissions Testing Center in a C-C zone for Hark's Corner Emission Center by L&J Capital Ventures, LLC - 1651 West Franklin Road: De Weerd: Item seven is null and void. Is that right? We don't need to take any action on it. Item 8: Public Hearing: CUP 03-051 Request for a Conditional Use Permit for a coffee shop with auxiliary drive-thru in a C-G zone for Starbucks by Wenco, Inc. - northeast corner of South Meridian Road and East Corporate Drive: De Weerd: Okay. We will move to item eight, a Public Hearing for CUP 03-051, request for a Conditional Use Permit for a coffee shop with auxiliary drive-thru in a C-G zone for Starbucks and I will open the Public Hearing with staff comments. Powell: Madam President, Members of the Council, this -- De Weerd: And, excuse me, Anna. I will open item number nine as well, the CUP 03- 05 -- no. They are different. Sorry. Powell: Madam President, members of the Council, this is a Conditional Use Permit for a portion of the property. The entire site is -- goes from Main Street to Meridian Road and, then, also has frontage along Corporate Drive. You can see the Wendy's building, which is currently on the site and you can see the pad as it's constructed currently. It's a little blurry. We are not used to zooming in quite this far for you on the aerials, but you can see the detail there and staff has provided some photos of the existing landscaping buffer. The focus on the landscape buffer is because at the Planning and Zoning Commission that was pretty much the entire topic of conversation. The applicant's representative Bill Ray Strite testified in favor of the application and, as you know, he is here tonight as well. No members of the public testified with any concerns regarding the application and, as I mentioned before, the key item of discussion was the landscape buffer. As proposed along Meridian Road, they are currently proposing a 25 foot landscape buffer, but ten feet of that are within the ACHD right of way. This is how it has been forwarded to you for recommendation from the Planning and Zoning Commission. That is how the applicant originally proposed it with the application. To Meridian City Council December 2, 2003 Page 11 and 26 summarize the long discussion that went on at Planning and Zoning Commission, when Wendy's was approved, the landscape buffer was put in for the entire property. The 25 feet was put in. Originally, they had thought that that 25 feet would be on their property, but as time progressed it became evident that ACHD was going to take an additional ten feet of landscaping, but it was still approved at the time of the Wendy's application for just the 25 feet, 10 feet of that being within the right of way. So, it is as planted and that is how it came forward to you from the Planning and Zoning Commission. So, that was the only item of concern. This is the building. The drive-thru wraps around in this fashion. Almost all of the site is developed, as you can see from the aerial photograph, I think all they are doing is adding these four parking lots -- or parking spaces, excuse me, out in front, but the rest of the site is developed and with that I will take any questions that you may have. De Weerd: Council, any question? Bird: Madam President? De Weerd: Mr. Bird. Bird: Anna -- and I will wait -- I'll probably have to get this answer from Billy Ray, but how are they going to enter the drive-thru? You can't -- you're not going to come in off of Meridian Road, are you? You're going to have to come in off of Corporate and come around of way. Powell: Well-- Bird: That's an awful tight turn if you're going to come in -- Powell: You probably -- unless you had a little Honda Civic or something, wouldn't be able to make that, but you could come around this way and we did talk to them -- they could come around that way, so there is a little room. This isn't a big landscape island in the middle there that exists. Bird: Thank you. Powell: Those coffee drinkers, they will do anything to get their coffee. Bird: We will question Mr. Strite when he gets up here. De Weerd: Any other questions for staff? Okay. Is the testimony you provide the truth, the whole truth, and nothing but the truth, so help you God? Strite: It is. De Weerd: Thank you. Please state your name and address. ( Meridian City Council December 2, 2003 Page 12 and 26 Strite: Madam Mayor, members of the Council, Bill Ray Strite,1 01 0 Allante, Boise, Idaho. I think staff pretty spelled it out. It was our anticipation at the beginning -- and keep in mind this project was approved after Ada County Highway District had already determined they were going to take that ten feet, so the line that's delineated there -- and it's -- maybe I can do this without shaking and, then, maybe I cantt. Do you think somebody is going to steal this or what? This line right here delineates the ten foot setback and that has been shown on every plan that was submitted to date, so we anticipated the ten foot take and our reasoning was this: The project to the north and the project to the south both were approved prior to the enactment of the ordinance. The project to the south -- and, Anna, if you could, if you could just flip those photos back on -- the project to the south has roughly 15 feet and, as a matter of fact, when the ten foot take is done -- 11m not trying to suggest that two wrongs make a right. But what 11m suggesting is that when this was approved, we matched the landscaping to the south side and, subsequently, the project to the north, which was done by Rick Thomas, and I have it before me and before as you well, a landscape bond for 15 foot of landscaping on the north side, so both sides adjacent to this site have always had 15 feet long-term, knowing that the 25 that was approved would be losing ten feet if and when Ada County Highway District does, in fact, make their improvements. Now, I can suggest to you that this particular subdivision was recorded and at the time of recording they did give up the ten feet. So, Ada County Highway District now owns the ten feet of site on Wendy's site and that, again, would be from the backside of the sidewalk, if you will -- oh, that's good. Yeah. From the property line to the dotted line there, they now own that by virtue of the recorded subdivision. In discussing this with Ada County Highway District -- and I think that this Council knows better than I, the one-way couplet -- we donlt know at what point they are going to take that, but, certainly, there is no doubt in my mind that that will be a take and at that point you will have 15 feet, which would be consistent with both the north and south sides. Now, if I might respond to Councilman Bird's question. We have a cross-access with Rick Thomas to the north. We will be submitting week, I believe, for a two building setup on the project to the north, which is referred to a Merchant's Plaza. There is a cross-access to the north and I guess 11m like Anna, these people that want coffee can actually come in from either East 1 st or they can come in from Gem Street, go south -- come south down to our parcel, go west, if you will, and, then, to the drive-thru, and/or come up Corporate Drive, make the turn to north, and, then, back to the west. Certainly, there was no intent on our part to -- I don't even think a bicycle could make that turn coming off of Meridian Road. There was no attempt to try to get traffic to come in from Meridian Road and try to make a u-turn and if it's something that Council deems necessary, I think we could sign it appropriately that there is no u-turn or -- I think it's going to be rather obvious, quite frankly. All the improvements already being in, the only thing that we are changing and changed on this site plan, which may not be in your packet -- and correct me if 11m wrong -- that was the changing of the trash enclosure. We did have the trash enclosure in the northwest corner, if you will, and in talking to Bill over at SSC, they wanted to move it to the east, if you will, so they would have a direct shot for the trash people, they can come in off of Corporate, go west, turn directly north, and go directly to the trash enclosure and with that I will open it up for any discussion. ( Meridian City Council December 2, 2003 Page 13 and 26 Bird: Madam President? De Weerd: Mr. Bird. Bird: I don't have a question, Billy already answered mine, but I'll make him a bet that the first person that comes in here is going to come in from Meridian Street and try to make that u-turn. Nary: In a Suburban. Bird: In a Suburban. Strite: I probably wouldn't take that bet, but they better know how to put it in reverse, because it will take -- with a Suburban it may take two or three turns. De Weerd: Which might cause some accidents. Is there any way you could just shut that entrance off? Bird: Sign it or something. Strite: Well, I think -- as I said, I think we are prepared to sign it. That entry, obviously, is quite important for the entire project and there may be some way to sign that. To me that seems probably the more appropriate way to do it. Although, I'm not certain that most people even look at signs if they are in a hurry, but I don't think it's that awkward. Looking at the traffic pattern today -- of course, what you see out there today is certainly different than what we are proposing tonight, but according to the traffic numbers from Wendy's, something like 85 percent of the traffic is now coming off of Corporate Drive, which my guess is going to remain pretty much the same, because this is what they refer to as their freeway user and a lot of the traffic is coming off the freeway, which would, naturally, take you to corporate drive and, then, in from the -- from the south. De Weerd: But not for Starbucks. Starbucks you're going to get the morning commute that are coming from Meridian Road and that's the direction they are going to come from. Strite: Madam Mayor, I was about to go into that. However, having said all that, you're absolutely correct, I think this is more of a localized unit and I think it probably will be equally trafficked from possibly all four sides. My guess is that as soon as the Merchant's Plaza is submitted -- and we are going through CZC, incidentally, we are not entitled to a conditional use, so we will be moving on with that and anticipate starting that in March. That would allow you to come in from the north and/or -- well, from the north and the west by coming down Meridian Road, turning into the existing access that was approved for Merchant's Plaza, which lines up with the access to East 1 st and allow you to turn south and come in that way, and I think that once people understand that, I think it's going to be rather obvious that that's the way they are going to have to get in there or they are going to spend part of the time moving this way. (-- Meridian City Council December 2, 2003 Page 14 and 26 Bird: Madam President? De Weerd: Mr. Bird. Bird: Yeah. Billy, I agree with you, I would hesitate to doubt what Wendy's are saying, 85 percent, but I know coming off the freeway -- and I think most of the people that live west of Meridian Road come down Meridian Road coming home, at least I do, and going. I think the signage will work. I think it definitely has to be signed. Somehow people have got to realize to get to Starbucks -- they can get there, but they are not going to be able to make that sharp there and just a sign there saying that, because they can come on around and, then, turn to the west, instead of turning to the east to go into Wendy's. So, I think signage, in my thoughts, will work. At least we can give it a try because you're not going to stop incoming traffic off of Meridian Road. Strite: No. I totally agree, Madam Mayor, Councilman Bird. I guess there is another alternative -- it's probably not a great deal of help, but I believe that the dimension from the back side of the northerly parking aisle to that planter is 30 feet and the city only requires 25, which means we could do a little bulbous thing right between here and -- boy, I'm shaking. I must be awfully nervous. Between the backside of this parking space and this curb face right now is at 30 feet. The city only requires 25. So, I suspect what one could do is they could come in here and bulbous this out, bring it north, and wrap it around, but I still don't believe that an additional five feet is going to allow -- Bird: No. Strite: -- an automobile with a 25 foot radius to make that u-turn. So, I guess what I would propose is that we attempt to do it by signage. Nary: Madam President? De Weerd: Mr. Nary. Nary: I really do like this design that Mr. Strite has, because I think -- I think we donlt want to encourage a lot of the traffic to simply jet in here -- you know, they certainly could have made this more open, but what's going to happen is that probably is going to spill into the road. So, I think this is, actually, a lot better design to do it this way. I agree this turn is going to be tight, I think Mr. Bird is right, that signing that is probably the best way to deal with that, but you really want the people to use this entrance. We have a nice street here, we really want this to really be the access point. This is supposed to be a no right turn -- or no left turn only, although I have sat behind a person turning to the left there. It's supposed to be a right turn only and that and so, you know, you really -- you know, evening coming up this way to the freeway, you really would -- I think would prefer people coming this direction. You know, I like that the drive-thru wraps around the building, it doesn't go through the walking area, so people can enter safely. I don't think you want to make it more inviting to people coming from Meridian ( Meridian City Council December 2,2003 Page 15 and 26 Road in that direction. I think you really want them to kind of go that way. So, I think Mr. Strite's really hit on a real good design here. I think it's real good. Bird: Madam President? De Weerd: Mr. Bird. Bird: I agree, too. I don't -- I'd just soon not have anything coming off of -- that you could turn coming off of Meridian Road, but I just made the statement and somebody will try it. Nary: Oh, sure. Bird: But you have got to put -- I think signage will do it great. You know, even if you have -- even if you come off of Meridian Road -- and I know for one I stop quite a few times there at Wendy's and I come off of Meridian Road. But if I can just come down here and come around and go around, it's not problem. I think we just need to make sure signage that's it's a no right-hand turn there at the end of the deal. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Mr. Strite, just for clarification, the Planning Commission, this is the plan that they saw? Or was the trash enclosure modified between then and now in this plan? Strite: Madam Mayor, Mr. Nichols, this is the site plan that the Planning and Zoning Commission saw. Nichols: Okay. Strite: I just believe that in your packet we have been -- all along we had the trash enclosure relocated and it wasn't until after I talked to the Sanitary folks that we relocated, but I believe this is, in fact, the site plan that they have seen. Nichols: Thank you. De Weerd: Is there any further questions? Bird: I have none. Nary: Madam President? De Weerd: Mr. Nary. Meridian City Council December 2, 2003 Page 16 and 26 ( +r,i:. Nary: Just so I'm clear, Mr. Strite. I think I understood what you were saying, but what, basically, you're saying is that -- although the staff is recommending the wider landscape in this area, what you're saying is that this landscaping on this -- I guess the western boundary will basically match the landscaping that's all the way around this site or is this one a little bit different on the Wendy's side? Strite: Madam Mayor, Councilman Nary, if you will recall, this thing had three street frontages, both of which occurred on a, quote, entry corridor. So, what we did is we asked for and received an alternative landscape plan, because we were stuck with 35 feet, if you will, on East 1 st, we were stuck with 20 feet on -- excuse me. Twenty feet, I believe it was, along Corporate Drive, and it suggested we put in 25 feet along Meridian Road until such time as it was developed, because we knew that both the north and south -- south sides were already deemed to 15 feet and it seemed a little inconsistent to be weaving it in and out. So, the back side, as you just mentioned -- I'll call it the west side -- the east side of the existing landscaping that you see there now is exactly the same location as it was at the time of submittal for Wendy's, which is the current face of the present drive-thru presenting tonight. De Weerd: Okay. Nothing further? Bird: I have none. De Weerd: Okay. Thank you. Strite: Thank you. De Weerd: Is there anyone else who would like to testify on this application? Anything further from staff? Powell: No, ma'am. De Weerd: Thank you. Council, this Public Hearing is still open. Bird: Madam President? De Weerd: Mr. Bird. Bird: Hearing no more comments, I would move that we close the Public Hearing for CUP 03-051. McCandless: Second. De Weerd: It's been moved and seconded to close the Public Hearing on item number eight. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. I' .- Meridian City Council December 2, 2003 Page 17 and 26 De Weerd: Any discussion on this item? Okay. I would consider a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve CUP 03-051, request for a Conditional Use Permit for a coffee shop with auxiliary drive-thru in a C-G zone for Startbucks by Wenco, Incorporated, northeast corner of south Meridian Road and East Corporate Drive and to incorporate all staff, Planning and Zoning, and applicant comments, public testimony comments, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Mr. Bird, does that include signage on the -- Bird: That was part of the applicant's testimony. De Weerd: Okay. It's been moved and seconded to approve CUP 03-051 to include all staff comments and testimony. Mr. Berg. Nary: Madam President, could I ask one more thing before you take the vote? De Weerd: Uh-huh. Nary: I'm assuming, Mr. Bird, what you meant is to allow that -- including the landscape to include the right of way -- Bird: Yes. Just-- Nary: Because the staff had recommended differently, but that's what I thought you meant to say. Bird: Absolutely. That's what I had -- that's what we had testified up here and -- Nary: Okay. I would concur with that as well. Thank you. De Weerd: Okay. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. .f . / t Meridian City Council December 2, 2003 Page 18 and 26 Item 9: Public Hearing: CUP 03-052 Request for a Conditional Use Permit to construct three buildings for Wendy's / Starbucks / Kinkos with auxiliary drive thrus and a 6,500 square foot retail pad in a I-L zone by Wenco, Inc. - northwest corner of North Eagle Road and East Florence Street: De Weerd: Okay. Item nine is a Public Hearing on CUP 03-052, request for a Conditional Use Permit to construct three buildings for a Wendy's, Starbucks, Kinko's with auxiliary drive-thrus and a 6,500 square foot retail pad in an I-L zone by Wenco, Inc., and open the Public Hearing with staff comments. Powell: Madam President, members of the Council, this proposed site is on Florence Street and Eagle Road, just south of the Krispy Kreme's property, which has the two lots immediately north of it. There is currently nothing developed on this site. The Primary Health building is down here and, as you know, Krispy Kreme is up there. This is the proposed layout. There are three structures. This is an undisclosed pad at this point and I believe this is the Starbucks and this is the Wendy's. This is showing how the Krispy Kreme site relates to it. The orientation has shifted to get more on there. Okay. At the Planning and Zoning Commission, the bulk of the testimony was on the timing of the final plat for this project and so let me explain that a little bit. They have submitted a request for three buildings on what is currently one lot. The staff report was written for a detailed plan -- Conditional Use Permit for a detailed planned unit development, because they had more than one building on the lot. The Planning and Zoning Commission worked with staff and the applicant to kind of adjust the findings to assume that there would be a final plat. There is a preliminary plat approved, but to approve -- assuming that a final plat would be submitted on the property and there was testimony that that plat would be into our offices. We all thought it would be here already. The representative for the final plat has said he will be submitting it Friday. So, there is -- there is, however, a condition of approval that specifically says that until that final plat is in place, that they will only submit one building application on this lot. So, there is kind of a lingering question about the planned development, but the condition of approval that says you can only have one building permit, should take care of that until that final plat is submitted and approved. That was all of the conversation at the Planning and Zoning Commission hearing. So, they worked through a number of conditions of approval related to that. The applicant has revised the site plan prior to the Planning and Zoning Commission to address most of the staff's concerns. There is one -- if my arrow will come up. The Fire Department had asked for a 25 -- or 20 foot drive aisle along in this location here as kind of an emergency access. The southern portion of the Krispy Kreme site has not been developed, so this is currently vacant, so this would leave this site with only the one entrance off of Florence Street. So, the Fire Department did ask for a 20 foot driveway -- drive surface in this location and the applicant has agreed to do that. That would be open so cars could go down it as well, it just gives them another opportunity to exit the site and, really, that was the -- there was one letter submitted by Yellow Transportation, Inc., after the Planning and Zoning Commission hearing. They did not testify at the hearing, it was submitted subsequent to that. It's dated November 26th and it is opposing the proposed planned development and, as I said, we originally accepted this as a planned development, but it is in Meridian City Council December 2, 2003 Page 19 and 26 opposition to that based on the increased traffic congestion that would come with the project and with that I will address any questions you may have. De Weerd: Council, any questions? Nary: Madam President? De Weerd: Mr. Nary. Nary: It's hard for me to read these on this site plan, but you said this is the -- and Mr. Strite, I guess, can answer this, too, but this is the Starbucks here, this is the Wendy's here, is this the Kinko's there? Or -- because this says future building, so -- where is the Kinko's at? And maybe Mr. Strite would be the easiest one, but I just couldn't tell from this. Powell: It's -- two uses share this building, so that's the Kinko's there and this is the Starbucks. Nary: Oh, I see. Powell: And this is the Wendy's here. I did not make that clear, I'm sorry. Nary: Okay. Thank you. Sorry. De Weerd: Okay. Is the testimony you provide the truth, the whole truth, and nothing but the truth, so help you God? Strite: It is. De Weerd: Thank you. Strite: Madam Mayor and Council, Billy Ray Strite, 1010 Allante, Boise. 11m here on behalf of Wenco in support of the -- we will call it the Wendy's, Kinko's, Starbucks application, if you will, and as I discussed with Anna prior to the hearing, we have absolutely no problem with a condition stating that only one building permit would be issued until such time as the plat is recorded. We had expected our consultant to have submit that plat long before now. It's a three lot subdivision, if you will. You can probably see the lots. One lot line comes up like this, breaks over here, which is the Wendy's site, one lot line up here, which is the Kinko's Starbucks site and this site right here, if you will, each one being self parked, is the third site. They informed me also today that that would be submitted by Friday. If I understand the procedure correctly, by the time we complete the Starbucks building, we should be completed with the plat. We have an obligation to start the Starbucks before March, have them in before August, so my guess is that knowing that kind of timing, even as long as the process is for platting, I'm quite certain that it will be completed, but we are prepared to have the condition state that only one building application or building permit and certificate of occupancy Meridian City Council December 2, 2003 Page 20 and 26 would be issued on the single lot until such time as it is duly recorded. As to the Fire Department access, I have an approval from Mr. Silva. I met with him. We are going to put in an all surface gravel access right up to here. This is paved north if you will. At this particular point in time we are dealing with three or four users that are occurring between the Krispy Kreme and this site. We haven't got anything signed yet, so in order to allow them access out without having to provide a temporary turnaround, Joe Silva and I came up with the idea -- anyway, he came up with it and we certainly agreed, that we would just provide this access out here. It will be an all-weather surface capable of 70,000 pounds. However, it will be temporary. The third item, I had not heard about the letter from Yellow Front, but I will suggest to the Council that this entire application was approved two years ago with 26 lots on it. This particular site had four lots on it and I don't believe -- at least to my recollection, I don't believe they were here to testify at that point either and I will also suggest to you that the access off of Florence Street, which I assume is their main concern, was approved by Ada County Highway District and was shown and approved at the time Primary Health was done. So, they have had probably four, possibly five opportunities to comment and I'm kind of surprised, I didn't receive a letter, so -- with that I will open it up for any questions you might have. De Weerd: I guess I have one on circulation. You know, these are compatible uses, because, generally, your traffic patterns occur at different times for the two drive-thrus, but what is the circulation on this drive-thrus? Are they meeting in the middle as they -- as one comes out and the other. comes in? Strite: Madam Mayor, that's this location right here. One is coming out and there is a no enter sign here, one is coming in, and it refers to a drive-thru sign. This dimension right here is 35 feet, which is capable of three cars, if you will, bypass lane, which could be stripped if you think that's necessary. We did leave an additional distance between here and here with that very idea. Wendy's, as you know, does not serve breakfast -- I'm not going to suggest that that might not happen at some point in time, but I don't think that their hours are conflicting in that respect. Now, contrary to that, I suspect coffee lovers to be there at noon, at which time there would be considerable conflict in terms of number of cars, but I think the distance here, along with the signage provided by Wendy's for no -- do not enter here and a sign here drive-thru, would prevent that. And, again, if you feel that it's necessary, we could stripe a line here, which would guide, if you will, this automobile out this direction. Nary: Madam President? De Weerd: Mr. Nary. Nary: Is that 35 feet too narrow, Mr. Strike, to put some type of narrow curbing through there, rather than just striping? Because that's the only -- I guess that's the only concern I could see is just that, having people misreading or misunderstanding where the drive-thrus are and attempting to drive through this way, now having to back out of there, getting kind of tight in there. At least if you had a curbing -- and, again, I don't Meridian City Council December 2, 2003 Page 21 and 26 know if there is enough -- adequate room, because, then, you would have a backup problem here, maybe, for these parking spaces, but is it not wide enough for that? Strite: Madam Mayor, Councilman Nary, I think, right, it is too narrow for that right now, because, again, the city requires 25 feet from this point to this point, that would not leave you a full drive aisle. I could suggest, however, although Wendy's might be a little concerned with losing a parking space, that we have something like 18 feet in here for landscaping. We could cut that short, if you will, take this radius a little shorter, if you understand what I mean. Bring it back in here, lose one parking space, and, then, continue that planter down if you think that that's necessary. I mean I may get in an argument with Wendy's based on their parking requirements, but since there is cross- parking throughout, my question is that that would not become a major issue, because once some of this stuff is developed, there is going to be more parking than anybody needs, quite frankly. But I mean if that seems reasonable, this could be cut short and brought over like this, drop down another nine feet, if you will, one parking space, and this planter extended out like that and it would be something similar to what you see at what Wendy's is there today with Blimpie's. Bird: Madam President? De Weerd: Mr. Bird. Bird: Billy, I believe that's a real good solution myself. I'm like these guys, I have a real concern with that, if we could come down, and, then, I'm -- like Councilman Nary, I think we need to have some kind of a permanent fixture curbing or something up there and also I would like to make a statement now that that future third building in that thing, don't come in with drive-thru. I think that that is -- seeing how you have to come in for CUP's, we may as well get it up front now, I would have a hard time in that small area of passing another drive-thru and I would just as soon put that condition on it right now, let everybody know, so we don't go out and try to find on client that has a drive-thru. Strite: Madam Mayor, what can I say. De Weerd: I don't think you can say much. Strite: What was that? Bird: Well, you can say a lot, but -- but, no, I think itls -- I think you -- you know, you say this is like the existing Wendy's and Blimpie's, but there is quite a bit more than 35 feet difference between it. Now, you're going to take another nine foot out, which that gives us 44 feet there, which I think is great, Billy, and I think we can get by with these two, but you throw another drive-thru in there, you tell me how you're going to get them in and out. You're not and so we may as well be up front about it. Nary: Madam President? ( Meridian City Council December 2, 2003 Page 22 and 26 De Weerd: Mr. Nary. Nary: Mr. Strite, just so I understand, this cross-access opening here, that's only temporary or is it just the gravel that you're talking about, that's temporary? Strite: Madam Mayor, Councilman Nary, that's is approved and there is a cross-access agreement throughout the entire project. Only the gravel portion will be temporary until such time as we have an approved building to the north. Nary: Great. Strite: And as you recall, your suggestion, all buildings in this particular subdivision are subject to conditional use. Nary: Right. Strite: So, you get to see it again. De Weerd: Okay. Nary: Madam President? De Weerd: Mr. Nary. Nary: With that suggestion from Mr. Strite, then, do we need to continue that, so he has an opportunity to, actually, talk to his client to make sure that's going to work for their needs, as well as give us the site plan, so we make sure we approve what that is? Because I do think we need a permanent divider between those two drive-thrus. I think we are just looking at a potential of a head-on -- and, obviously, a low speed head-on, hopefully, before we start on that potential there, because I think people will eventually get confused and if you have a divider -- but I think the staff would probably need to see that and I think you need the opportunity to talk to your client to make sure that you're not committing to something that they just can't live with, so -- Strite: Madam Mayor, Councilman Nary, I think that I can assure you that I would not have a problem with my client to do that and that the timing on this other issue is a little more extreme. I have no problem, if that is a condition and can be back into staff tomorrow morning, if that's the wishes of the Council. Nary: Okay. Powell: Madam President, just to clarify, do you just want curbing or do you want a landscape? I don't think he has room for a landscape. Okay. You just want a curb, so two-foot curb -- what, standard six inch, eight inch height? Just so he knows. Don't want another Sageland where we don't know where we are going, so -- Meridian City Council December 2, 2003 Page 23 and 26 Nary: Madam President? Powell: Sorry. I wasn't trying to -- never mind. Nary: Madam President? De Weerd: Mr. Nary. Nary: Yeah. We wanted a concrete blob, I think, right there. You know, I don't know whether or not -- I mean I think just a raised curb is adequate. Whether or not ifs available to put like where it is currently between the Wendy's and Blimpies where they can put a fence or something like that -- and that was put more for lights and glare, not really for a visual obstruction. I think the curbing is simply adequate, but it does divide one from the other and I think that's all I -- yeah, I agree with you, I don't think even if they cut this lane shorter, that there is adequate room to build a curb that's got landscaping on it. I don't think you could do that and I don't think that's necessary. I just think it needs a curb that extends out here and, as Mr. Strite suggested, if they just cut that turn a little tighter and move it along this direction here, basically, they would lose one space, I don't know if that would be of concern to you or planning staff, but there is still adequate parking. It appears there probably is adequate parking. Powell: As I recall, they had two extra parking spaces; is that right, Billy Ray? Strite: Yes. I believe that's correct. Nary: So, they would be okay and if we basically made that a condition and that Mr. Strite could provide a site plan prior to us approving the findings, that's probably adequate, so that we make sure it's attached to the findings, I think we would be okay. De Weerd: So, we want a curb, not a blob? Nary: Correct. De Weerd: You know, that's Mr. Nary's technical term, by the way. Strite: I kind of like it. De Weerd: I don't think the last person did, but -- okay. Is there any further questions, comments? Bird: I have none. Strite: Thank you. De Weerd: Thank you. Okay. If there is no further discussion, I would accept a motion to close the Public Hearing. ( Meridian City Council December 2, 2003 Page 24 and 26 Bird: So moved. Nary: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item number nine. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Is there any further discussion on this item? Bird: Madam President? De Weerd: Mr. Bird. Bird: Hearing no discussion, I will make a motion that we approve CUP 03-052, the request for a Conditional Use Permit to construct three buildings by Wendy's, Starbucks, and Kinko's, with auxiliary drive-thrus and a 6,500 square foot retail pad in an I-L zone by Wenco, Incorporated, northwest corner of North Eagle Road and East Florence Street, and to incorporate staff, Planning and Zoning, and applicant and public testimony and also change the condition on the drive-thrus where at Wendy's we are going to take nine feet more to the south for a drive-thru and we will put a concrete barrier between the two drive-thrus, between Starbucks and Wendy's and we realize that they are going to lose one parking space, but that takes care of -- that's taken care of, because of the amount of parking spaces, and we would recommend that the future building, a 6,500 one, not have a drive-thru. Am I leaving out anything? Oh, and that it has been arranged with the Fire Department to have an all-weather access from the north side, even though it will be temporary, until that lot is finished up up there and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Did I leave out anything? Nary: Second. De Weerd: Mr. Nichols? Nichols: Madam President, members of the Council, in the motion it was to recommend that there not be a drive-thru. I would prefer that you be -- rather than -- De Weerd: More direct. Nichols: -- recommending, just a condition that there be no drive-thru on that building. Bird: If the second agrees, I agree. Nary: I would agree, and I like the really lengthy motion, too, Mr. Bird. Very good. ( Meridian City Council December 2, 2003 Page 25 and 26 De Weerd: Although he still hasn't beat your record. Bird: I'm around so many attorneys, I'm getting to be like them. I just don't make the money they do. De Weerd: Okay. It's been moved and seconded to approve CUP 03-052, with the stated additions or clarifications to the application that will be found in the Findings of Facts and Conclusions of Law and Decision of Order. Mr. Clerk, will you call role. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. De Weerd: Mr. Nichols? Nichols: Madam President, members of the Council, to prepare those findings, we will try to get them done quickly. We will have a blank in terms of the date for the site plan, so if the Clerk, instead of putting it on the Consent Agenda, would have them on the regular agenda for the 16th, that way the Council can fill in the date for the site plan that Mr. Strite will have submitted to the staff and that way we make sure we have got the correct one reflected in the findings. Nary: Is that enough time for Mr. Strite -- Strite: I can have it here tomorrow. Nary: Great. De Weerd: Well, thank you. Okay. Well, that ends our agenda. Is there anything further for the good of the order? Bird: Madam President? De Weerd: Mr. Bird. Bird: I move we adjourn. Nary: Second. McCandless: Second. De Weerd: It's been moved and seconded to adjourn this meeting at 8:05. All those in favor say aye. MOTION CARRIED: ALL AYES. Meridian City Council December 2, 2003 Page 26 and 26 MEETING ADJOURNED AT 8:05 P.M. (TAPE ON F E OF THESE PROCEEDINGS) /r.eJ>~i 00 VVtn~ 12 / 16 / 03 DATE APPROVED d~~-4 WILLIAM G. BERG, JR, \\\\" 11 flllillll \\\\ ,.- ~~._ 1/[ ,\\...J or fi(~c:.F:I/) 11// ...>' ~, "'';4 // ~...., a ol'POR.4 ]', ~;~ ~ ~G .<-:0' ~ ~ ~ ~ - ~ ATTEST: ~ November 25, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Clayton Jones CUP 03-042 December 2, 2003 ITEM NO. ~~ -B REQUEST Findings - Request for a Conditional Use Permit for a new Carl1s Jr. restaurant with drive-thru service window - north of Intersection of South Meridian Road, East Central Drive, and South Main Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached Findings J{y-4 C(~ ~ JI~ (ff Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: William G. Berg, Jr. RECEIVE_D NOV 2 0 2003 From: Wm. F. Nichols Co, 0 ~~t~v f 1\1eridian \..-/l(y (llerh: Office CONDITIONAL USE PERMIT FOR CARL'S JR. BY: CLAYTON JONES Subject: File No.: CUP-03-042 Date: November 20,2003 Will: Pursuant to the City Council's action at their November 18, 2003, meeting pertaining to the Conditional Use Permit application by Clayton Jones for the proposed Carl's Jr. with drive-thru, and Council's denial thereof, please find attached the original of the FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING CONDITIONAL USE PERMIT and ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT for Carl's Jr. This matter will be on an upcoming Council meeting. After approval of the Findings, please present executed copies of the Findings and Order to the Applicant, Planning and Zoning, Public Works and City Attorney. If you have any questions please advise. Z:\Work\M\Meridian\Meridian I 5360MCarl's Jr. CUP-03-042\Berg Denial FFCLOrd l1r 11 20 03.doc ( Page 1 of 1 Sharon Smith From: Marlene St. George [ms@WHITEPETERSON.com] Friday, November 21, 2003 9:03 AM 'Will Berg'; 'Sharon Smith'; 'Tara Green'; 'Jessica Johnson' 'Anna Powell'; 'Brad Hawkins-Clark'; 'Steve Siddoway'; 'hoodc@meridiancity.org'; 'Wendy Kirkpatrick'; 'Joe Venneman'; Bill Nichols Subject: Revised Carl's Jr. Denial Findings Sent: To: Cc: Please find attached the revised Denial Findings for Carl's Jr. An additional finding needed to be incorporated into the Findings. This revised document shall now serve as your original. If you need anything further, please let me know. T/lal1k YOII, Marlelle St. George Legal A..\'sistallt to fV,l,. F. Nic/IOls Wltite PetersOll 5700 East Frallklill Road, Sllite 200 NU111pa., Ida/Io 83687-8402 208-466-9272 Ext. 111 111S@w/litepeterson. COllI Conjidelltiality Notice: This email message may contai11 confidential and privileged il1foffilatio11 exelnpt fraIn disclosure ul1der applicable law. If you l1ave received this Inessage by mistake, please notify us immediately by replying to this message or telephoning us, and do 110t review, disclose, co , or distribute this Inessa e. Tl1ank au o 11/21/2003 Page 1 of 1 Jessica Johnson From: Marlene S1. George [ms@WHITEPETERSON.com] Sent: Tuesday, December 02, 2003 4:23 PM To: Will Berg; Tara Green; Jessica Johnson Cc: 'Anna Powell'; 'Brad Hawkins-Clark'; Bill Nichols Subject: Carl's Jr. Denial CUP Findings Importance: High RECEIVED DEe 0 2 2003 City Of Mericlian (j-ity Clerk Office Please fi11d attached a quick revised set of CUP Denial Fi11dings to iIlclude tIle Regulatory Takings Notice for the 111eeting tOlligllt. Please replace this set of Findings with the previous ones sent to your office. If you have any questions please give 111e a call. Marle11e T/ttllf I< J1()II, 1\-1 a rl elle ...1)"1. (ie()}:r;e IJcgO(II ~4ssistaJlt to fflnt. F: iVicllOls III/lite .PeterSO/l 570t) E"(tst Fr(tllklil1Road, Sllite 200 iVU11lpa, Ida/tO 83687-8402 208-466-9272 Ex!. 111 /llS@JVlliteReterso/l.cOlll COllfi,iel1tialifJ"1Votice: ''[his en.1aiJ 11lessage 111ay C011tail1 c011fidential and privileged infornlation c:xclnpt froIn disclosllrc under al)plicable la\v. If YOllllavc received th.is Incssage by 111istake, _please notify llS ilTIlnediately by repl)fing to this Inessage or telepllo11ing us, and d.o F~QS revie\v/ disclose., copy, or distri11ute tIllS 111essage. Tllal1k you :0 ---~ 12/2/2003 ,- ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CARL'S JR. IN A C-G ZONE, LOCATED ON THE CORNER OF MAIN STREET AND MERIDIAN ROAD, APPROXIMATELY ~ MILE NORTH OF INTERSTATE 84, MERIDIAN, IDAHO BY: CLAYTON JONES, APPLICANT. C/C 11/18/03 ) ) ) ) ) ) ) ) ) ) ) CUP-03-042 ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on November 18, 2003, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7 :00 0' clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council and the minutes of that hearing, and Anna Powell Planning Director for the Planning and Zoning Department, Clayton Jones, Jonathan Gibbs, Phil Atteberry, Bruce Paine, and Skip Hofferber, appeared and testified, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The City Council takes judicial notice of its Zoning, Subdivision and ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. / (CUP-03-042) PAGE 1 OF 8 Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and Maps. 2. Staffhas complied with the requirements ofI.C. ~~ 67-6509 and 67- 6512 and ~~ 11-2-416 E and 11-2-418 E. 3. G & H Enterprises II is the current property owner and they have submitted their notarized consent for the subject application. 4. The proposed location of the applicant's business is at the former KFC site, on the comer of Main Street and Meridian Road, (the northern comer of the intersection of Meridian Road, 1 st Street and Central Drive), Meridian, Idaho. The owner of record of the subject property is G & H Enterprises II, P.O. Box 10998, Boise, Idaho 83719-0008e The applicant is Clayton Jones for Carl's Jre, 3413 Ne Cole Road, Stee 128, Boise, Idahoe 5. The applicant, Clayton Jones, has requested approval of a Conditional Use Permit and Planned Development for the construction of a new Carl's lre drive-through restaurant at the comer of Main Ste and Meridian Road. The proposed restaurant would replace the existing building that formerly housed the Kentucky Fried Chicken, located between the existing Taco Bell and the new A&W/KFC restaurants. 6e When the new A&W/KFC restaurant received approval for their conditional use permit, one of the conditions of approval was to abandon the drive-through use of the original KFC building (File NOe CUP-OI-021, FF/CL 12.2, pg 5.)e The proposed application is for the construction of a new building and a new drive-through that is in a different location than the ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. / (CUP-03-042) PAGE 2 OF 8 / I previous drive-through. 7. The applicant is required to apply for a Planned Development because the proposed Carl's Jr. building will be the second structure on the subject parcel. The MCC requires a Planned Development to provide two amenities as part of a Planned Development. The proposed amenities include a 'Welcome to Meridian' monument sign and a lighted three flag display with a 'memorial' bench. 8. Two prior applications for Carl's Jr. (CUP-02-026 and CUP-03-017) preceded the current proposal. Reasons for denial on the first version included traffic congestion and inadequate employee parking. Reasons for denial on the second version included the configuration of the drive-through, which required customers to walk across the drive-through to access the entrance. The applicant has attempted to address these concerns by constructing a small building that allows for more on-site parking, changing the drive-through location so that some pedestrians are not forced to cross it, shifting the exit of the drive-through further from the curb cut on Main Street, and providing more stacking depth (seven cars) than the prior two plans. 9. The building size of the old KFC to be demolished is 3,638.5 sq. ft The proposed building from version 1 was 3,901 sq. ft. (larger than the existing structure). The proposed building from version 2 was 2,124 sq. ft The proposed building in the subject application is 2,645 sq. ft. For comparison, the new KFC/A&W building is 2,625.8 sq. ft. 10. The applicant has provided a revised site plan with the most recent revision date of9/16/03. 11. The following uses surround the subj ect property: North - a Taco Bell restaurant ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. / (CUP-03-042) PAGE 3 OF 8 ( and Bolo's Restaurant and Tavern, South - A&W/KFC restaurant, East - Central Valley Corporate Center, and West - Redlin Photography Studio and Republic Storage, all with a C-G zorung. 12. Congestion has always been a primary issue for the project each time it has come through the application process. 13. Business owners of Taco Bell and the new A&W/KFC located between the proposed use, already experience traffic congestion at certain times of the day and night, and the proposed use would significantly impact the traffic and add additional congestion to the area. 14. More likely than not, the additional proposed use with a drive-through, in the same lot area would increase the problems cited above, and the size of the site along with compatibility, including changes to the present area, are of major concern. 15. It appears that no matter how this project would be designed there is not enough room for a restaurant with a drive-through, since there are presently other restaurants in the area with drive-throughs which create a heavy traffic flow. This additional project would attract more vehicles, which in turn would create excessive congestion for this area. 16. In order to obtain approval of another building on this lot, the applicant would have to show that the planned facility, and its use, would generate traffic at hours that do not coincide with most of the peak vehicle traffic hours of the existing restaurants. The facility would most likely have to be one which does not contain a drive-through window. It does not appear that any drive-through configuration can be designed for this site. The facility would have to be small enough to accommodate the parking that would be required for all employees and the ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. / (CUP-03-042) PAGE 4 OF 8 ( vehicles of the customers without reducing the parking necessary for the existing businesses already near this site. 17. The site is bordered on the east by Main Street, a four lane street, and on the west by Meridian Road, currently a two lane street The site is not easily accessible to pedestrians and therefore is highly dependent upon vehicle traffic. 18. The site is currently used for parking by customers of the KFC/A&W restaurant and customers of the Bolo's restaurant located north of the subject parceL The addition of more vehicle parking on this site will increase congestion unless adequate parking spaces are created. 19. The proposed drive-through will exit directly across from the drive-through window now used by the Taco Bell restaurant Headlights from vehicles leaving the applicant's proposed drive-through would shine directly onto vehicles at the Taco Bell drive-through, and directly into the drive-through window thereby negatively affecting customers and employees of the Taco Bell restaurant. The close proximity of the proposed drive-through to the existing Taco Bell drive-through would exacerbate existing congestion and create traffic conflicts. CONCLUSIONS OF LAW 1. The proposed use would be detrimental to other businesses in the same block because of the traffic congestion it would create. 2. The site is not large enough to accommodate the proposed use. 3. That the design and operation will not be compatible with the existing or intended character of the general vicinity and that such use would adversely change the essential character ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. / (CUP-03-042) PAGE 5 OF 8 ( of the same area due to traffic congestion. 4. That the proposed use would be served adequately by essential public facilities and services. 5. That the proposed use would not create excessive additional cost for public facili ti es. 6. That the proposed use would involve activities or processes, and conditions of operation that would be detrimental to persons, property, or the general welfare by reason of excessive production of traffic and noise ORDER OF DENIAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above named applicant is denied the requested conditional use permit. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. / (CUP-03-042) PAGE 6 OF 8 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision 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. Dated this 2n~ dayof );eC.eI'J1r~ , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED fje<<- COUNCILMANWM. L. M. NARY VOTED~ ------- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1:2- - 2---03 VOTED MOTION: APPROVED: X t DISAPPROVED: Attest: ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. / (CUP-03-042) PAGE 7 OF 8 ( _ - SEAL ~~ ~ - ~ ~ a~ 2 ~ ~ Qu("\ ,\Q) .2 ~ ~ \) /18\ ' ~O $": ~,.. - 1 a ~~ ~..... /<.>/ 0; '~JTV ~ "", I; "- r. r 1 f \'" Copy served upon Applicant, the Planning and i6hinglBep~ent, Public Works Department and the City Attorney. William G. Berg, Jr., City C rk By:A~~k~19- City Clerk 1/ Dated: /2-2--03 SEAL Z:\Work\M\Meridian\Meridian 15360MCarl's Jr. CUP-03-042\FFCLOrd CUP Denial.doc [;> 2 ~ ~ Qu "fS 0 ~ --:;.. (:) OS r 1 S\ 'X'- .$ ~......... ':Pf ;-\ "'0\' "" //,fl; ..-.()} .'J\r"'-"'{ t '\ .'\\,' -'/ . - ~ \\,\\\ ~ ... i. 1 ~ ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL, USE PERMIT BY CLAYTON JONES FOR CARL'S JR. / (CUP-03-042) PAGE 8 OF 8 November 25, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT December 2,2003 ITEM NO. 3-CJ REQUEST Lift Station Maintenance Agreement for Mashers Farm (CMD, Inc.) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See aHached Memo Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED DEC: 0 1 2003 City Of Meridian City Clerk Office To: Mayor Corrie & Clty Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 11/24/2003 Re: Proposed Agenda Items for December 2nd City Council Meetin~ c... \ c., A 9 cru::lo..... Pc:-c . 2 I 2003 ~se~J- AS~ The Public Works Department respectfully requests that the following items be placed on the December 2nd City Council agenda, on the Consent Agenda, for Council's consideration: 1) Lift Station Maintenance Aareement for Moshers Farm (CMD Inc.). Typical Maintenance Agreement. Recommended Council Action: Approve the Lift Station Maintenance Agreement for Mashers Farm (CMD Inc.) and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration~ . Page 1 Nov. 3. 2003 2:50PM No.1633 P.4 Lift Station Maintenance Agreement This Agreement is entered into this a day of ;J 6V . 2003, by and between the CITY OF MERIDlA~ an Idaho municipal corporation. (hereinafter "Meridianj and CMD1 INC,. an Idaho corporation. WITNESSETH WHEREAS, CMD fnc has made application to Meridian for Final Plat Approval that certain parcel of real estafe to be knoWi1 as Moshers Farm SUbdivision and to develop that subdivision as more particularly described on its initial application; arte:t WHEREAS, Meridian has granted CMD tnc application sUbject to all of the terms and conditions of Approval for Final Plat (FPO~011) as of April 15, 2003; and~ WHEREA.a one specific condition of the Final Plat approval requires CMO tnc to install a sewage lift station in order to properly move se.vage from a collection point in the subdivision to connect to the Ashford Greens Lift Station interceptor of the Meridian Sewer System. whIch Jjft station must be monitored and maintained to prevent malfunctions; and) WHEREAS, Meridian has the capability and the expertIsa to monitor and maintain this lift station because it does the same with other lift stations at other projects and subdivisions, and will agree to do the same for CMD Inc for a fee equivafent to its costs and expenses; and, WHEREAS~ CMD Inc intends to form a non-profit corporate homeowners association to be knovJn as Moshers Farm Homeowners Associationl Inc. (hsreinaftsr tria uAssociation) and said association will pay Meridian's fees for monitoring, repairing, and maintaining this lift station after construction by CMD Inc and assignment of this Uft Station MaIntenance Agreement thereto andJ if assignment is not made~ CMD I NC shall be responsible for Meridian's fees to monitor, repair, and maintain this Uft station; NOW, THEREFOREt In consideration of the mutUal benefits, the parties agree as follows: 1.. The above recitals are contractual and binding.. 2. Scope of Meridian:Js duties: Meridian shall provide the following periodic maintenance services to the Mashers Farm lift station~ A. Daily operations monitoringh B~ Periodic line maintenance in accord with Meridian's normal schedule c. Emergency response to telemetry relayed breakdown messages~ D" In the evem routine repairs exeeeding One Hundred Dollars and No Cents ($100.00) are needed. Meridian shan notify CMD Inc. who shall then make, or contract. for. the repairs at CMD IncJs separate cost~ Noy. 3. 2003 2:51PM No.1633 P.5 E. In the event emergency repairs are necessary, Meridian shall cause those repairs to be made at CMD lnc~s expense. Cost for emergency repairs shall be based on time and materials in r;orrecting the problem. Time will be at the rate of Thirty-One Dollars and Fifty cents ($31.50) per hoUr for tvJO (2) personnel or at the then published hourly rate for services by Meridian wastewater maintenance personnel during regular hours (8:00 a~m~ - 5:00 p.mA Monday through Friday) and Forty-Nine Dollars and Fifty Cents ($49~50) per hour for two (2) personnel for non-regular hours. or at the then published rate for non-regular hours. A service vehicle rate is dlarged at Fifteen ()oj[ars arid No Cents ($15.00) pet hour in addition to the personnel charge., NOTE~ Emergency repair calt-outs require the use of two (2) employees for safety PurposeA F,. These rates are subject to periodic negotiation not more frequently than once per year OT. if the parties agree. the rates may be negotiated by mutual agreement at any time. 3. Scope of CMO Inc duties: A. In addition to bearing the cost of installing the sewage lift station, CMD INC shall Install an alarm system in accord with City Standards which shafl cause a telemetry relayed breakdown signal to be relayed to the Meridian City Wastewater Department 'Nhich shaff then give rise to the duties in Section 1.. Bw CMD INC shall pay all Utility costs incurred In operating the nft station, including water, power T and telephone_ C,. CMD I NC SHALL PAY TO Meridian routine maintenance charges as foIIOYJS: L Initiafty, one visit per day for lift station monitoring at Two HUndred-Forty- Ffve Dollars and No cents ($245.00) per month. At a future time in the developnlE!nt of this subdivision, when sewage flow into the Uft station has increased to a point where, in the opinion of the City WasteNater Superintendent two daily visits are required, the monthly maintenance dlarge shall increase to Three Hundred Forty Dollars and No Cents ($340.00) per month- iI~ Periodic One eteanlng at One HlirIdred Thi~Five Dollars and No Cents ($135.00) per cleaning. as necessary or in accord with Meridian's normal cleaning schedule- These rates are subject to periodic negotiation not more frequently than once per year, or, .if the parties agree~ the rates may be negotiated by mutual agreement at any time.. 4w CMD INC Shall indemnity and hold Meridtan harmless from any and aU Josses, claims, actionsJ judgments for damages or injury to persons or property, and losses and expenses caused by, or arising from, operation and maintenance of the lift. station and not caused by the negligent conduct of Meridian or its employees_ Nov. 3. 2003 2:51PM No.1633 P.6 5~ AU sums of money due to MerIdian shall be paid 'Nithin thirty (3D) calendar days of the date of invoice. 6. This agreement mr:ry be terminated by either party upon sixty (60) days 'Mitten notice. . 7. In the event that the sewage collection system serviced by this sewage lift station can subsequently be connected directly to a gravity sewer line connecting to a main sevver trunk line, making the lift station Unhecessaryl then the lift station may be abandoned and all of the equIpment shall belong entirely to CMD fNC or its assignee. 8" C of may be assigned by CMD INC to the association, // CMD, INC~ t4tit /tdi8 President Secretary~ STATE OF IDAHO ) )ss County of Ada ) On this / Lf IX. day of 1\It:>z}m/~ . 20 0 3. before me. the undersigned, a Notary Public in and for said state. personally appeared - iIR8 VO[/67 7, ~rd;!Je5G L L , known or identified to me to be the PresIdent and secretary, respectiVely, Of CMD, Inc., and to be the persons whose names are attached to the foregoing instrument and acknowledged to me that said corporations executed the same~ IN WITNESS WHEREOF, , have hereunto set my nand and affixed my official seal the day and year fist above written~ KHURSHED t\~. TE~~GRA f\JOTPJiY PLJBLfC STATE OF IDAriO ~D~ - , NOTARY PDi-~DAH~ Residing at ;, ~ ?1?-4e · [) Commission Expires: ttt/v'LeA '2$, :Z~O ~J Nov. 3. 2003 2:52PM ( No,1633 P,7 CITY OF MERIDIAN Robert D~ Corri~ Mayor Attest VVlUlam G., Berg, Jr~l City Clerk STATE OF IDAHO ) )ss County of Ada } On thIs day of 120_1 before me, a Notary Public in and for said State I personally appeared Robert Ow Come and William G~ Berg, Jr~l kno'Nn or identified to me to be the Mayor and City Clerk. of the CIty of Meridian, respectivelYt and to be the persons whose names are attached to the foregoing instrument and acknowledged to me that they executed the same for said City of Meridian. 1 N WlTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above writtenw . NOTARY PUBLIC FOR IDAHO Residing at Commission Expires: ( 'RECEI-VED, f\l(l\/ 'f ~;. ~i t 'h,J \{ t.. ,.J L. "'" ".P ~ To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 11/25/2003 Re: Proposed Agenda Items for December 2nd City Council Meeting t_:itv Of l\iJeridian (~.ity (;]erk: ()ffj.ce The Public Works Department respectfully requests that the following items be placed on the December 2nd City Council agenda, on the Consent Agenda, for Council's consideration: 1) Lift Station Maintenance Aareement for Moshers Farm (CMD Inc.). Typical Maintenance Agreement. Recommended Council Action: Approve the Lift Station Maintenance Agreement for Moshers Farm (CMD Inc.) and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 i' I November 25, 2003 MERIDIAN CITY COUNCIL MEETING Department Reports December 21 2003 ITEM NO. 4-A-l APPLICANT Fire Department -- Kenny Bowers REQUEST Update on Station # 3 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY QISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: UVf~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. November 25, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT December 2, 2003 ITEM NO. 3-D REQUEST Approve Bills AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: 1fY {iiffrfJ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. November 25, 2003 MERIDIAN CITY COUNCIL MEETING Department Reports December 2, 2003 APPLICANT Fire Department -- Kenny Bowers REQUEST Update on Grants ITEM NO. 4 -A - 2.. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ U1 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. '" -j,:. f Q) . s...... I -- c LL Q) c E co t -- -c co - - 0- s...... Q) Q) ~ Cl ( ~: :"l'}':\'~ ' ~' ._-~-- ,- ~~'.~,l' -~- -- -,- f ,~- ;.-- ~ CD -- > L- CD > o r~~v~ ' #. l_ "f ,~l:',. . ,,~. :.t. - ,:;J,; ..~~~ -:'~~. 'c~ '~~i" ;r.~ 1': r;t, " . ,~,\,Y', . ,;;>, .~,' ,; · "'P,,, . ..'. ~.~ .~: C?o.".-- CD'~ :~ ~ ':; .O.>..:'~J: ~." · 'u,~'l '. ED" . . ?::!t~~ € . _' '. ". r.;.!,.....,..~;~. . .-\, . 0::. '. ; 00\ " COi", '~~.;';L.~..,' \ <', '~!c.-.' ~ C ~'~~t, ' '0)" . ,(I) %; " ..~:. . . ui(]} .:~tt, '. .~, ro . '},..c~~C.~.'.~';;.'P:.!.~.'.~" J.' Be . . ';>'ip~':".' _ ~ . " "y~Qj, ,.' '~'.X': .~'~>~ .u, 0 ...c~ . ,~.~~.;,,~~ l . '. .......... ~~~.::' rf:~. ' --,., ."~(U '\~ +" 1 ~. '.". ~ -~~W . "."',' ;" ; '. 'I~' . \~\y;.,/~ , '<'00' ..<:U" .... (l)' "'!+-'7;,~~':td"~ .'. .~:-- . ':C:;.,'(o' 'i~., "'ffi~ '., CO ~ J,::> '~5 . s..;.;'~ :>"::> ,.'n'~]'7 ~~",,",' ~'" '--" __', .\tV ~. ~,~__ . ~;~ . ..;~~~,C::>:'~':~._:. :~C) .~~"~~5_~~ *' ~'-' .~._ "",," ~t Q:) _.~. ~,.~... :~-.' .~.c.o.:.__.~>-" f-. C!)". . :J' - -_--1 -":-i '" -=,'-J h':' . ,~: "~ -' < ~'i!i~" ---~:.:.. ~~~i.:/ '.:::1~' .iN . .~;. ( l~ _0'-,: ':}. ~. 0;.':' -1. ~.. ; "- .~ iJ.. . ~\.. -c '1 .: .:.1 '-. A> i~ r '_ _;l "'~c: ~:t', ,f .*- .I!~ -i i:-. f' . ;.~1~ '. ~~Jt, ,'w::;(;\, ~~~ ..J.~. '.. , ~:'. .~ - i~,,-. 'ir, f. ') - ~ -..,.... ~~. :;:'.:A,. "'":t; ~ _'f: _ _. - {.... 1_ '~.p,,/ .' ~.:,;{. :..: .~~. ., =__-,:1;,: '.,' . jt. " . :~ f' ::.. +/~ .:" '~ . ~J'~i}~~* -t,t"l- - ,~~~ /z. - -~"1<":=:::.... {to ..-. ~- - ....~ :~~ -_ f. ~":... J{- l: - -- -.,., . cr;~~ ~yt~~ ~~'., . t! '''5 . :.-1:' ?f :.'-'... "'; ~:;....- f ,,z- .~, .-~. ~~ :~:--- ...'-: ~{;I\. ',,"-. ---~ ~~r '. ~. :~\i .',. -Jt--. o1:*'~~r:~' " ./t:,- ~: t~ ~<. :-....~- ~ --~t. .\t. ..~ . ~ ..~~, 1. -:. ~.,' ~~, ~ 7k~\ ..f .~i., ~.':";+... -~- ~: f .~~. , -J? --~... \ ~ . ~t~ . ,. - - "! ....~t ',- 'i;c r. ,.::!. ;:, .7ci.., ~~;~'fr~:t" '. '"0,. - +~ ~: 'L f- --~. . j; - - ~t~ ....):- ."t -::. . ... .} . /,j:- . . ~" ~l~'~~~ff~~ . ~t. '$'; '..j....4' ~.:'.+:' '.il'.. ....~.... en I · C eo 5-- C) -c CJ.) > o 5-- 0.. 0.. eo I · c CJ.) 5-- 5-- ::::J <...) I' - '. 1. .~: . ~~. ." ,'r .. . '.-""'" . ~:. ~~C.~."", · , ....t', ., ".'" .'c:::>'"'''' '.CD. C~,~~"-~.\ '. ...i.J:: '.,' - "--' . .:.~'~~, (~~.' ~;:. '''/~.6i. . . '. .c~~ .'. ~. ~.v..~' '0 ~. ' .,. 4< ' ~ .~,.r"-.o-;;.. *-. < ~~~~~~ ~'" "', CXD1 .,0' ,u2::; " {. ->-~' cXi~~ '. ...~' ,~cGo': c Cr~ .- CD '1;,0 " ~_:,:_-_.l." ~. C") '~ ~. ~"'~'~ ; . ."~ .' -. ~~.:,e;'. , 0>."'*. T:.~~~' . ~ :\~ :.~ .. \ , . N'~;l.:X '" .'- . .....;. · - . .1. .<fJ)"';1 ."~~:,~.,~ "C~"::,, . ~ )~~:\t=~~}'ft"". fr>'"~, i :, ~,~~~t,~~> - f .~~;}~;I,:~t ~. -~ -~- .J;;. .'. . . '- . ro '.''', co n".~ ' ...> -~- '. . ....~..... . .., .:'~)~'>~>_: ~.'. " ...,~. . .' ..' L ~. ;c .., .,.j' ~ ~>t ~ ~..t~~\R ." · ~?~t'_' "':~'i~~~~"~{ ~ito,.. f ..' ~ . ~':t' /~;tO"" ..... :Cr",,-,. '!""17. ,. n:r'" ;, It 1;\ · -- .' . . . s..;""" . ' ~ ~ - '--' '. "-"'::::l" .'. ,f;,L..\O, 'CW::. ..... '(b) "G::~~'.iC'" 'E:C)1 I . 0 '" , .. '.' c::l::: - - Cl..~' . .~J<' l!~~~;,~;:.A",.;~"';:'. L:~.~..~\'...~~"c;."~e:" "<:~: ~ ..",~, .........,.~~"'.\.. ...... " ~<~~ y"C;:t. ~,..t'V 0 ,'V,m>C)-,,-.~;\c.: . 0.. - :: . :'~;~~,;1~'~'~' ,-1. - ',~" f'.- :.~i 'r ;; \ -- _ ~ f_ - _ .-5-~_ en I · -- . I Q) C Q) CO '~-. ~ . '." ~t~k:fD:\ ~ 'l~" .j.. . .il' '.;~~<-. ~. " :~1il="'~' ~'.;;t,. f ", .~;",,,F= '. " v"~. .,~P." .'.'.~:~ - ~.r~ -:- ~ '.. ;" '" f'. t~.. _....+~ iF- - - !- - -- .). '-.; ....,i}, . ~~~,. .~ ,.' ..F;1l~~!::, ; :. ~ -+:.-- ~. ,} .~~ ~.._~' -~.~ '.,. "'.'~ ';~'!';4f".' "rn c_>~..<:~ :f~~ ( h~ > : ." :'" ~ - ~. . -cl' 14- ~t f' . t'~." o -4,..j . -~- ~ ~ '. ~2~_ ~ r,;:'L -~I '~ "F.~' r,( $" ~<;'-. 1~~ '~.'~ ~." ;,tJ~ 'i\:' +'.~~' .~',.;. . .~;: - - _ _ ~..J. ~, jJ': .:;t-'" ;. fi --' %.' Jr;~_-- ..k. :\ > '.;'^ , . ~, -, ~-" \ ..~~-';~ "$t..c- ~ ..~~~.:::~~~t:':1~ ? .~~, ~- . .~. . ~ r " f~ .~~ '. ~~~- - -~: 1/' . ":' f -.~t:__- ;l: ~.. .. :'~ en c o -- I · co u -- c... c... <( "~ ~( - -~ ~... .~ .J&. .~.~;.-.. .,m, >~\:f>~P .~.j~. .\ .~/,. ~;; ~ z_- - 0)0. ~: - : ;; . ctt..,-.... · en .'8. . . _..Q)......~"., . '. .'. ;;)1.,"!r,"" ~,. ...~t\ ~ \, U . t;\c,. "'-:" i' , 'JC:~,~~~~:,' .' ~,~;~~ :~.~:~~'~~~". c . .'.. -.' t- 8:;'\~;~~::~~;~ Q) "c... ~,' . "!l~;,.)~~ .' ~t' ~~,>". ...t .;~~".~...:.. .... .~.;...... t. ...... ., ~~ . . .~'.. '.',g2. i.L~~\2;!:"~~' , :-i.' ~ ".~:. . 'oi.t -:~~-... u .it .'T'-~ .....~+ ~ f~' .~ ',-.~ .'. :*?, .) , ft~ .,"::.;~~ '~~"l' -,!t -T;-t ~ % - .~.rF ~~'L_...LI -~- . ~;'J: .,,;t'. .: 0 ~. :.. .fA. t~'<c :t :.<,," . ~ ..' ':~'.., - "i..: :, :'1 .~ ';" , > .'~-,:..c . -F;-;' . ~~ ~ "" .;If .:..', ~~,:. ~~~f.{P':~ :~ :~~t~.. .' '..".1! - -'4'-_ .....,~),. · kJ J.tr"*:al',.> -if; '03 '~', ';~'~~, .... :;tt~~" " "!'i' . :~: -.' ~~~ ~~:- ~.- f~ J~'~'" f: :~.~: . ~ _ t+'" 4"= J... . "... . f~,: :'.:~ '0.. '. i . J :~" ,Jfi . '~.~~..,~.~ .,' - 7~J- f' ~"J:~ -':~t . ...-ri. ..~ r .,~ .- !!f:.co.. ;":~l:f' .' - ~, , ~, . .}.. - "~ --~~ ~.- :S -00;. + :- -~-;' . "._~ ij. .:< A ~>" \~ . '. -- ~ ^' j!r"- ~t --f :: ~~~~~'.:..~ "~" .,~\~. ,. f'. ~ t. - .~ - f __~~; i~::. .~ . " ~".,:'~:.:~i~.. . :~ ~ --~- ~~ ". 'dr~ ~~~.>'i" "~";f;b'i' "~:. . f' ;. ~'.. ~. - r...~ ~, n.. ~ '.',~ <;y' ..' :.(-- - - - - - -- ~ - +- ? ~- .:- ..~:, ~e", ":'~.' ,," . ,l<" -' f:'. .. ..: .~ -.:,.,., f.'" -~- .'...;;. en Q) -- I · C ::J I · 5.- e c.. c.. o I · c co 5.- <.9 Q) 5.- ::J I · ::J LL ;' \ "'- - -" - .,...: ,:~ ~1-:~~-~ :_>- y f' ~~~ f ,,;' -.t ~-.<...: -~- .~ y ", :7.~ ". ..." "". . "~>~ ~i .' E'" ~o. of _,' ' - ~i:J,~~' .. ..c#"'~~~~:~ . 'f~,-;Q)Y"-: ..if.;' ...~:.~~'E: · . ;",f:-I , . ~ lj', . ~ . . · .'. -- - - .--,:,-.-~-_:~_.. ~-;I>,' L : --~~r~:~\~-: .:.~,'''~'A'", ~ ..G] · ., 0)""" G~ . :::> .' '-LiI . ~ - ~" , ' · ',', <~ ~.' . 'i_:-- .::~:_- -- -- ""\--- -- . ,;",?'''+'E ." ::0 .' C - ~;~~C'(tr'A .,.. ro'~.':~~ . '. ., '\"~t"" >~. 'i..~gl~;~c' ~';<~-' . ........ '. .. '<rs..... ":~'i"<i:J-~>:. m' Y' . . R'}f~'\' ""., ~_;~~~:~J~., I~_i' 1:. S~",'~:; _~,.....__ _ _ __ "_:1:.. Q), '" U ~ ,'5: ,.,> . · ,c~~..o'~~,7;~,it\. :." ',,~;f~~~g~, _'., , _- ,---to) -,- - . C>$;,'t>>.,~~'~~ .' ;. LO".t;\ CO''"' ~",; " ....... . !t---- ..c . .' :0. .... ' ,~ 0~' ,~\,t5 .,'lD'~ r.:..,,' .:{ '6~..1;.~>@," '. >"C\J' .... '0 .' ~E . Ul. .".,C... - ~ro , · ,~'%.<: : ~"".,~" ffi:~. '~CO . 1j~~.~).':,: 5""i-'> '.' ~: ~~~. ~~~l~;',:; ,;' (9L:~:Jg ~~:,\~' .' ~~\"~{'t \~:~fY' '~~8'*, '2 --E('l~; '~:~~ ~ '-';~ ",'~., 'i,: . ..;'-Vl " ~ CO' ,,~LL.. >' JJ <~ ~., 1>., ~ ',)~~. -> I!JJ" ~. ...' s..... "'LJJ""'O' 'CO' >''-J " :; I, ., ..,::J . LU >" )~;-,-' ~ - ,~_.-~,,-~,,- - -' - '~--' .', '. . -~:- - ~ -~'~-$"- - ..--:- !P. --. -:~~ ;~k . .;t~~' "" .,f ,~ - ~< ~:- - ~~ i- -rr-:- t - -~l l f __- ....;~~I 1.; . - ':.~~-- -.}- - f en c o - I co u -- c.. c.. co s..... o I en Q) c -- -c co Q) o enO),' ,.~l(? ". . -"'........:!<-. . E',,~; " 'co , . fl.. ;u, . . .!'r')<~JQ.)c'; .; ,EE ,lI" i z- ~~~~ <- # ., ~3. ~,i:}(~ <~" , . 0 ~"':~"'" .:~.".~~~, . 1i' . ~. .:c '7if{.. J~ U!) , ",:,,, .r1" '.' '~'~>',. " .""'(0 )h, '~..,. ::J, ~:,t~~:;~'~' - -t ~ ::~., ~. h.,. ~.:>.....,. ~. .......:.S -?. ....;: -.r~ _ ~L .~~ . .. '. '.,~",. . :>;;< ~a.. ~. ~ 0.. '~., ~t '~.' ~ ""'~. \, 'tCD . '-, ~:}>~... -~~- - - ~:: --= .~ --~~ _l~: ~ .:~-;. f .1: "1 1~~' < ' -:~t ~ f . '. Jfc. ~... - *.' .~. .'~ . ~ }~. .. ~' . :>'~":. 'h . 'J',,-,,:'- ..~k. f- -~ cl>--';.. +;. '":-f!' . <.r: :t~~ ~~. -:-("- !.. .... ......t_~ it -";1' _ "{'-~. . '! .i _;? .:/?, -"-1t . < -71 ..~ ~'-. 3'f,;:'f;~(= 'fl "~' ~--- -~~ . ';"-" .:} :'~: <<>'.i - ~r f: ~. :~.~~, f -=........-;-.:; "~'~. ~ --,.. ,*. '1<. '-'. '.. ..j-~.-- :_'~: ..il1.> . ~::~., ~ -i~~ .J.-- L_~~; "-_L _ -~__ - ~f-::: .\~ . . . -\: > - ~ -..~ ~;' ", ~ ~" >~~~ ~ '. . ~~~.~ .J.:1t ~.'~ ~ -'~>t-~ r '", -- .it,,~ - ~.,..h. ~ .<-;"~ . .c;:~.~ ~".?r. :~ ~I;.: .~;~-t ':-~-i - J- fct~ - ~~ ""r:'J;::.~.~~_ ~~, ~\~ '~~" ..~- .~.. ~, -- ~ /'. ~" J~ , ~ ..:-*. .~ ,~ --1'1_ ~-- .~. .~~.. - ....-; - _-~t~~ ~ -~_ ~,-' .'-t.. "ft .;'.!,~ . "" ~f; ~ '''~~O'.~ '. (c!,. _ t~ November 251 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT December 2/2003 ITEM NO. LP REQUEST Ordinance -- Amending the Amended Sign Ordinance 03-1055 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance 6V pO)//rJ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON KEVIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIGRAY, III T. GUY HALLAM * HILL HOLINKA D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PHILIP A. PETERSON ^ I LA NAMPA OFFICE ERICAS.PHILLIPS nTIORNEYS AT W ERIC S. ROSSMAN 5700 E. FRANKLIN Ro., SUITE 200 TODD A. ROSSMAN NAMP A, IDAHO 83653-8402 TERRENCE R. WHITE** TEL. (208) 466-9272 FAX (208) 466-4405 * Also admitted in OR ** Also admitted in WA Nov.ember 21,2003 William G. Berg, Jr., City Clerk Meridian City Hall 33 East Idaho St. Meridian, Idaho 83642 NQV 2 1 200.3 .~---~ i L () {' 1\ ,i.",.' -. _.-~ ~ "- .- 1. ill E: j 1 d -; ", I '1 ',"'i I . . - L~.J , '--' 1.1.)1 ! . / (-""?"f l/ ['~ (~.. , - l, L.. i "J J q CF' Re: Ordinance Amending Amended Sign Ordinance Dear Will: Attached you will find the ordinance pertaining to amending the Amended Sign Ordinance for the City of Meridian. This ordinance places language pertaining to Manual signs within the ordinance, as this language inadvertently was left out when the Amended Sign Ordil1ance was initially prepared. Please place this ordinance upon one of the upcoming City Council regular agendas for approval and passage. Additionally, I have attached the Summary Ordinance and cover letter on this matter. If you have any questions or need anything further with regard to this ordinance, please advise. Z:\Work\M\Meridian\Meridian 1 5360M\Ordinances City Hall\20D3 Ord\Berg Ord AInending Amended Sign Ord LTR 11 21 D3.doc CITY OF MERIDIAN ORDINANCE NO. 03- I tJ 60 BY: kef?^- ;Jird-- AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 5.1. READERBOARDS OF CHAPTER 14 OF TITLE 11 OF THE MERIDIAN CITY CODE TO PROVIDE ADDITIONAL LANGUAGE ON MANUAL SIGNS WITHIN THIS SECTION; PROVIDING FOR CONFLICTS, VALIDITY; A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1: That Section 5.1. Readerboards of Chapter 14 of Title 11, be, and the same is hereby amended to provide for the additional language on Manual signs, and the same shall read as follows: 11-14-5: GENERAL PROVISIONS AND REQUIREMENTS: I. Readerboards: Automatic 1. Animation and/or automatic readerboards are prohibited on all signs in Residential, L-O, C-N, C-C and T-E zoning districts. 2. In C-G and I-L zoning districts, an.imation is allowed for a maximum of thirty percent (30%) of the sign background area. Public middle school and high schools shall be allowed one (1) on- ORDINANCE AMENDING AMENDED SIGN ORDINANCE NO. 03-1055 PAGE 1 OF 3 premise, animated sign where the animation is a maximum of thirty percent (30%) of the sign background area, regardless of the zone in which the school is located. 3. Direct light sources shall not exceed 40 watts or 60 milliamps. No part of the sign structure shall physically move. No part of the sign shall flash or strobe. Animated signs are prohibited within one hundred feet (100') of any residentially zoned property. 4. All animated signs that are visible from a public roadway shall be programmed as follows: a. Text messages tllat are no longer than the display area and do not contain allY graphics shall scroll in a consistent and predictable manner, per Section 11-14-2. b. In all other text displays (letters and/or numbers), the display shall remain unchanged for a minimum of five (5) seconds, including unchanged color and brightness. Manual .L Manual readerboards are prohibited in all Residential districts'l except as approved through the Conditional Use Permit process for non-residential uses. 2. In all other districts"! manual readerboards are allowed for a maximum of fifty percent (50%) of the sign background area. SECTION 2: All ordinal1ces, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination here from of any portion as may be declared invalid. SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval and publication, according to law. ORDINANCE AMENDING AMENDED SIGN ORDINANCE NO. 03-1055 PAGE 2 OF 3 . . PASSED BY ~E CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2~cL dayof Cefn'~ ,2003. APPROVkY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2rtd. day of el?t.~ , 2003. SEAL /~ 4-. 7~ 0;&- . ~ Q" '\ 0 2 City Clerk ~""10 VSr 1S\ ' ..~ ,:' First Reading: 12- - Z-O 3 /-;;,//. ':AI 0n. .;<".! ~f.)~""" . ." / / - '. I J .! r-~ ~ ~ '!, -; , '. \'\ Adopted after first reading by suspenSion oftli~JR~le' as ~lQwed pursuant to Idaho Code 50-902 Yes: ><" No: ' '" -.' Second Reading: Third Reading: Attest: STATE OF IDAHO,) ss. County of Ada. ) On this ~I'\J. day of J::> ece.i"\.bey- , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D.-r4/1fJot.}llJttUe-enl CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITN~.lliJ-lPREOF, I have hereunto set my hand and affixed my official to" .......... seal the day an~,~~~Ctirlt 'It>j)~# written. .,? ,.~ ..........~/.l> 4P~ : "... -.. ? \ :.~OTAl(,.. ~ : .r,.: }( . ~... . * . . . : : c.- . . .. ~. "CJ -POBL\C; i ~ <P.. c:" .., <;. -1"'; ... ~ · <:) ~ \~ '~i;. "'..llII....... ~ ~~ .~~4 1'.6' uF \"p ~ - ~,.. ,.,.# ,,,,~ -.'........... ~t"t.. (SEAL) R IDAHO ING AT: ) en'tf,illt COMMISSION XPIRES: Z:\Work\M\Meridian\Meridian 15360M\Ordinances City Hall\2003 Ord\Ord Atnending Sign Ord No 03 1046.doc ORDINANCE AMENDING AMENDED SIGN ORDINANCE NO. 03-1055 PAGE 3 OF 3 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIGRAY, In T. GlNHALlAM* JILL HOLINKA D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE PHILIP A. PETERSON ERICA S. PHlLLIPS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE** ArrORNEYS AT LAW NAMP A OFFICE 5700 E. FRANKLIN RD., SUITE 200 NA11P A, IDAHO 83687-8402 TEL. (208) 466-9272 FAX (208) 466-4405 * Also admitted in OR ** Also admitted in W A November 21, 2003 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 03-/tJ60, (Ordinance Amending Amended Sign Ordinance No. 03-1055 Title 11 Chapter 14 Section 5.1. Summary Ordinance for the City of Meridian) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an Ordinance Amending the Amended Sign Ordinance Title 11 Chapter 14 Section 5.1. Summary Ordinance for the City of Meridian, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. Y au are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code S 50-901(A). Enclosure Z:\Work\M\Meridian\Meridian 15360M'Ordinances City Hall\20D3 Ord\Berg Ltr Ord Amending the Amended Sign Ord 11 21 D3.dcc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 03- /tJ6c ORDINANCE AMENDING SECTION 5.1. OF THE AMENDED SIGN ORDINANCE MERIDIAN CITY CODE CHAPTER 14 TITLE 11 (SIGN ORDINANCE) An ordinance of the City of Meridian amending Section 5.1. of the amended Sign Ordinance Chapter 14 Title 11 Meridian City Code, to provide for additional language pertaining to Manual signs and that they are prohibited in all Residential districts, except through a Conditional Use Permit, and providing that in all other districts manual readerboards would be allowed for a maximum of 50% of the sign background area. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East~ahO, Meridian, Idaho. This ordinance shall become effective on the .2 /'teL day of ~C.e~ ~ ,2003. \\\"IlItllllll/ \ \ \ \ c,., ~ ":" ,..., I 1/ / "\\,....1 OI .v:.c;)}j) /// ,'\ ~, ,-;~.? /// " ;\. '\ ,/,1... / .. ~ () ot\PORA J: v~;. d~V-::- :: ~(j ~o % City of Meridian L Mayor and City Council _ SEA rJ _ By: William G. Berg, Jr., City Clerk % 7&0 ,00 0 f First Reading: 12 ~ 2- -0 :3 %/"10-1 uSr 1S\' ...Q~~.f Adopted after first reading by suspension of"'-tl)e ~~a~~llo~ed pursuant to Idaho Code 50-902: YES ~ NO 1//ll:'l',.-,):~ ~...\...,...\\' Second Reading: Third Reading: Z:\Work\M\Meridian\Meridian 15360M\Ordinances City Hall\2003 Ord\Sum Ord for Ord Amding Amended Sign Ord 11 21 03.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT TWO BUILDINGS FOR WENDY'S/ST ARBUCKS/KINKOS WITH DRIVE- THRUS AND A 6,500 SQUARE FOOT RETAIL PAD IN AN I-L ZONE, LOCATED ON THE NORTHEAST CORNER OF OLIVE AVENUE AND E. FLORENCE STREET, AND IS ALSO KNOWN AS LOT 11, BLOCK 1 OF TREASURE VALLEY BUSINESS CENTER SUBDIVISION, MERIDIAN, IDAHO WENCO, INC., APPLICANT C/C 12/02/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-052 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 December 2, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Billy Ray Strite, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 25 ( City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 2, 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 December 2,2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code S9 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 an I-L zone and by reason of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 25 provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the northeast comer of Olive Avenue and E. Florence Street, and is also known as Lot 11, Block 1 of Treasure Valley Business Center Subdivision, Meridian, Idaho. The following uses surround the subject property: North- Vacant/undeveloped lots within T.V. Business Center No. 1, zoned I-L, and the new Krispy Kreme shop South - Primary Health and the Treasure Valley Business Center - Phase 2, zoned I-L East - The Crossroads Shopping Center, zoned I-L (with a Conditional Use Permit to allow retail and drive-through) West - Vacant/undeveloped lots within T.V. Business Center No.1, zoned I-L 5. The owner of record of the subject property is Conununity Properties/Ammon, LLC, represented by Dale F. Nagy. Mr. Nagy has granted consent to BRS Architects to submit the application. 6. Applicant is Wenco, Inc. The applicant, Weneo, Inc., is requesting approval of a detailed Planned Development (PD) to construct three (3) buildings on an existing, single lot of record. The lot of record is platted as Lot 11, Block 1 in Treasure Valley Business Center (TVBC) No. 1 and is approximately two acres in size. TVBC was initially platted in 1985 by Upland Industries and was annexed with an I-L zone and a Development Agreement (DA) that allows, among other uses, restaurants, retail and office in the I-L zone. In January 2003, this lot was approved as part of Treasure Valley Business Center (TVBC) - Phase 3 preliminary plat by the Conunission and City Council for a re-subdivision into four (4) new lots. To date, no Final Plat application has been submitted to the City for TVBC - Phase 3. It is nonetheless anticipated FlNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 25 that each of the proposed buildings will eventually be on their own separate lot of record, assuming a final plat is submitted within the required timeframes set by Meridian City Code. The TVBC - Phase 3 preliminary plat had a companion conceptual PD application (CUP-02- 036) which established a base of uses and building configurations for the entire 18-acre TVBC - Phase 3 development. A new PD application is required because the applicant is proposing multiple buildings on a single lot. A CUP application is also required for approval of the two drive-thru facilities. 7. The subject property is currently zoned I-L (Light Industrial). The zoning district of I-Lis 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 Planned Development to site three (3) buildings on Lot 11 and to construct two drive-thru facilities on the lot. The Zoning Schedule of Use Control shows that all drive-thru facilities require a Conditional Use Permit in the I-L zone (City of Meridian Zoning and Development Ordinance, Section 11-8-1). The applicant is requesting detailed approval of all three (3) buildings and elevations were submitted for each building; although only two of the buildings - Wendy's and Kinkos/Starbucks - are planned for construction at this time. The total amount of proposed building area on the site is 14, 200 square feet. The site has a floor-to-area ration of .16 FAR. Assuming the future building (6,500 sq. ft.) is submitted with an elevation and building envelope that substantially match what is shown in the application, a future CUP application will not be required. 9. The proposed application is in compliance with the Meridian Comprehensive FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 25 Plan, which designates the subject property as "Industrial". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the govenunental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning and Zoning Commission, as follows: Site Specific Conditions 1. Landscaping adjacent to Eagle Road/SH 55 shall be installed per the approved landscaping plan with TVBC-Phase 3 (35'buffer). A detailed landscape plan shall be submitted with the Certificate of Zoning Compliance. Said plan shall make the following modifications: a. Add one (1) tree in the E. Florence street buffer (minimum of seven trees required); b. Correct the "E. Jewell" street label to be "Olive Avenue." All required perimeter landscaping for Lot 11, Block 1 shall be installed at the time of the first building permit on the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 25 2. The drive-thru service window on the east elevation of the Starbucks/Kinkos building shall be relocated at least 30 feet to the north (based on the original floorplan and elevation) to increase the vehicle stacking depth to a minimum of five (5) vehicles. (Council Note: the revised floorplan and east elevation conforms to this condition.) 3. The applicant shall construct only one building on Lot 11, Block 1 ofTVBC No.1 until the plat for TVBC - Phase 3 is recorded. After said recordation, the other two buildings may be submitted for building permits. 4. The off-site driveway at the north property line shall be installed per Meridian Fire Department specifications and be at least 20 feet wide, all-weather surface, and installed prior to the issuance of the first Certificate of Occupancy on the site. Additionally, applicant is responsible to ensure that a cross parking agreement is in place among the three proposed buildings upon any future re- subdivision of Lot 11, Block 1. 5. The west elevation of the future pad building (see Sheet CU-5) shall be further enhanced with windows to improve the street appeal and provide a more pedestrian friendly atmosphere along Olive Avenue. Alternatively, rotate the building so the rear of the building is facing north. If the building is not rotated, submit a revised Site Plan to extend sidewalks to the west side of the future building pad to serve the delivery doors. (Council Note: the revised elevation conforms to this condition.) 6. A traffic control sign shall be installed in the landscape planter located between the drive-thru aisle of the Wendy's building and the drive-thru aisle of the Starbucks/Kinkos building to alert drivers of a congested area. Said sign should read "Slow," ''Yield,'' or a similar cautionary statement. 7. The applicant shall submit a revised Site Plan (Sheet CU-1) that makes the following corrections: a. Delete keynotes #1 and #4. (The ITD curb cut is further north than shown and Olive Ave. does not have a decellane.) b. Correct the "Parking Required" figures under the "Site/Building Data" table to reflect MCC 11-13-5. 8. Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible to construct the sewer and water mains through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 9. The development of this property shall be In conformance with the approved Planned Development, per File #CUP-02-036. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 25 General CUP Conditions 1. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 2. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction. 3. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 DO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. 4. Underground year-round pressurized irrigation must be provided to all lots within this development a The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. All irrigation ditches, laterals or canals, exclusive of natural watelWays, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12- 4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. 7. No signs are approved with this application. Applicant shall apply for a planned sign program for the three (3) proposed buildings prior to any signage being approved on Lot 11, Block 1 of TVBC No.1. 8a All development and construction shall comply with the Americans with Disabilities Act. 9. All parking and circulation within the project shall be incompliance with MCC 11-13. B. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 25 ( The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. That a fire-flow as required by the mtemational Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a turning radius 0[28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 7 · Vertical clearance for driveways shall be 13' 6", this may affect tree placement in landscaping areas. 8. The driveway shall have a clear driving surface which is 20' wide available at all times. c. Adopt the Recommendations of the Ada County Highway District as follows: 1. On November 13, 2002, the Ada County Highway District Commissioners acted on MPFP02-024 and MCUP02-036/Treasure Valley Subdivision No.3. The conditions and requirements also apply to MCUP03-052. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If any surface drainage leaves the site, a Land Use Change application must be filed. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. 4. Comply with Idaho Code 31-3805. E. Adopt the Recommendations of Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 25 1. We will require plans be submitted for a plan review for any food and beverage establislunent. F. Adopt the Recommendations of the Sanitary Service Company as follows: 1. Location looks fine. The plan scale reflects that Wendy's waste enclosure may need to be enlarged. G. Adopt the Recommendations of the Idaho Transportation Department as follows: 1. The ITD would like Ada County and the City of Meridian to help the Department preserve the SH 55, which has been designated as a Principal Arterial. The following conditions should be recognized: 1) future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporary basis as follows: (1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. 3. Noise abatement (berms, fences, etca) will be the responsibility of the developer and will be constructed off of the State Right-of- W aYa H. Adopt the Recommendations from Sanitary Service as follows: 1. The enclosure locations look fine, but the plan scale reflects that Wendy's waste enclosure may need to be enlarged. I. Adopt the action of the City Council taken at their December 2, 2003 meeting as follows: For clarification: 1. The applicant, in their letter through BRS Architects dated 11/04/03, provides for the following information for Condition #10 of the Staffreport: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 25 a. The drive-thru configuration has been revised for the Starbucks allowing a minimum 7 car stack. b. The future pad layout has been revised and the associated parking to meet the MCC requirements. c. The applicant shall be submitting a Final Plat but will not be requesting a PUD approval or providing additional amenities. d. The applicant has provided added glazing to the west elevation for the future pad building. e. The applicant shall be providing an all weather access to the north as agreed to by the adjacent property owner and the Meridian Fire Department. Cross-access agreements shall be provided. 2. The applicant shall only be issued one building permit and certificate of occupancy for this single lot until such time as the Final Plat is submitted, approved and recorded. 3. The applicant was given approval by the Fire Department to provide a temporary turnaround with an all weather surface capable of handling 70,000 pounds, until such time as there is an approved building to the north of the property. 4. Pertaining to drive-thrus, the applicant shall be taking 9' more to the south for a drive-thru, and provide a concrete curb barrier between the two drive-thrus, between Starbucks and Wendy's. Additionally, no other drive-thrus will be permitted on this lot. 5. A Cross-Access Agreement is provided for within the Declaration Of Covenants, Conditions, Easements And Restrictions For Crossroads Business Center located under paragraph 3. Easements, and in particular at subsections 3.2 and 3.3. 6. The applicant submitted a revised Site Plan to the Clerk's office with the following information: Title: Wendy's/Starbucks - Treasure Valley Business Center, Sheet CU-2, Drawn by: BRS, Date: 8/28/03; Revised 12/3/03, Job No. 02065.06, and this plat is hereby approved. 13. It is found that the subj ect property is large enough to accommodate the proposed uses, but only assuming the 6,500 sq. ft. future pad is not 100% retail uses. All minimum yard, building setbacks, landscape setbacks and parking standards are met as shown on the Site Plan. Since the original application, the applicant submitted a revised calculation for the number of required parking stalls for the Wendy's and StarbuckslKinkos buildings. MCC 11-13-5 requires five FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 25 (5) stalls per customer drive-thru window plus one (1) stall for every 200 sq. ft. of floor area (for restaurant and retail uses). Using this factor, Wendy's will require 24 stalls, Starbucks will require 13 stalls and Kinkos will require 18 stalls - for a total of 55 stalls for these two buildings. If the 6,500 sq. ft. building were 100% retail, a minimum of33 stalls would be required. Therefore, it is found that the site could accommodate the proposed buildings but only if the future building is a use that demands less parking than retail (e.g. office). Another option is to reduce the size of the future building and still provide a dominantly retail use. (Note: Since the original submittal, the applicant provided a revised drawing which reduces this building from 6,500 sq. ft. to 5,000 sq. ft.) It is also found that the drive-thru stacking depth shown for the Starbucks may not be adequate to provide a safe traffic circulation pattern on the site. The stacking is adequate for approximately four (4) standard vehicles (15' length) without impeding the parking area in front of Starbucks. It is recommended that the customer window be moved further north on the building's east elevation to provide for additional stacking. (See Council action from their December 2, 2003 meeting, letter I. 1.a. herein below.) 14. The 2002 Comprehensive Plan Land Use Map designates the property as "Industrial". However, it is found that there is a recorded Development Agreement tied to this property which pre-dates the Comprehensive Plan and allows for uses other than light industrial, including the proposed restaurant and service uses. The proposed uses are compatible with the auto-oriented nature and existing uses in this area (e.g. Crossroads Shopping Center, Primary Health, Krispy Kreme). It is further found that the project substantially meets the requirements of the Zoning Ordinance, with the exception of the Planned Development (PD) chapter (MCC-12-6). MCC-12- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 25 ( 6-2.A requires that all PDs provide at least two amenities. The code does not differentiate between residential and non-residential PDs nor does it set a minimum project area. There does not appear to be any amenities proposed for this project. It is recommended the following two options be considered (See Staffreport Site Specific Condition #3): a. Approve the application as submitted with a condition that only one building be constructed at this time, until the plat for Treasure Valley Business Center - Phase 3 is recorded. (The existing lot is permitted one building permit without a PD application. This option would avoid the requirement to provide amenities.) b. Revise the Site Plan and application form to provide the required amenities in accordance with MCC-12-6-2.A. (Under this option a public hearing would be continued to review any revised documents.) (See Council action from their December 2, 2003 meeting under I. 1. c.) 15. It is found that the design concept to be compatible with the intended character of the area (commercial and auto-oriented). The proposed elevations and building materials will complement the Krispy Kreme and Primary Health buildings. The proposed Eagle Road landscaping is consistent with landscaping both north and south of the site. There are two outstanding questions related to the proposed building elevations the applicant should address: a. The west elevation of the future pad building, which is oriented to Olive Avenue, should be further enhanced with windows to improve the street appeal and provide a more pedestrian friendly atmosphere along Olive Avenue. b. The west elevation of the future pad building also shows four (4) delivery doors. However, the site plan does not show a sidewalk to serve these doors. (N ote: Since the original submittal, the applicant provided a revised elevation that shows the delivery doors on the north elevation (vs. the west), where a sidewalk is proposed and will serve these doors.) The existing character of the property to be developed is service oriented. The proposed development will not change the existing character of the area and will not adversely change the essential character of the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 25 16. It is not anticipated that the proposed development will have an adverse impact on the majority of the surrounding property. All proposed uses involve indoor activities and the access points to Olive and Florence Streets are restricted to provide for a safe traffic pattern. 17. It is found that the proposed use will be served adequately by all the essential public services and facilities. The ACHD Commission previously approved the preliminary plat for TVBC - Phase 3, which included this lot. The Meridian Fire Department submitted a memo dated 10-16-03 which recommends several standard conditions on the project. These conditions have been included in the recommended conditions of approval. 18. It is found that the proposed use will not create additional requirements at public cost for public services and facilities. Said facilities already exist to serve the development. Other improvements such as lighting, landscaping, and traffic control devices will be funded by the developer. 19. It is found that the proposed commercial and restaurant uses will not involve any activities or conditions that will be detrimental to any persons or property. Increased traffic concerns have been addressed by ACHD in their report for TVBC - Phase 3. 20. It is found that the vehicular approaches to the property are designed so as not to significantly interfere with existing street traffic. To help ensure the vehicle/parking lot design does not adversely impact adjacent properties, it is recommended that the developer record a cross-access easement with the lot to the north (Lot 10, Block 1 ofTVBC Subdivision No.1) in order to ensure this development has two points of access. It is further found that the approved preliminary plat for TVBC - Phase 3 provides internal vehicular cross access between the buildings. Since this application is for a single lot, a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 25 ( cross parking easement is not necessary. (See Council action taken at their December 2, 2003 under letter I. 5.) 21. It is found 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 by the issuance of this conditional use. 22. The City Council recognizes the opposition letter submitted into record by Yellow Transportation, Inc. dated November 26, 2003. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 25 circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intend'ed character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, 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 Light Industrial (I-L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 25 City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the PlalU1ing and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 25 G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development to site three (3) buildings on Lot 11 and to construct two drive-thru facilities on the lot, located on the northwest comer of North Eagle Road and East Florence Street, Meridian, Idaho. The proposed Wendy's/Starbucks/Kinkos with auxiliary drive-thrus is subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning and Zoning Commission, as follows: Site Specific Conditions 1. Landscaping adjacent to Eagle Road/SH 55 shall be installed per the approved landscaping plan with TVBC-Phase 3 (35'buffer). A detailed landscape plan shall be submitted with the Certificate of Zoning Compliance. Said plan shall make the following modifications: a. Add one (1) tree in the E. Florence street buffer (minimum of seven trees required); b. Correct the "E. Jewell" street label to be "Olive Avenue." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 25 ( All required perimeter landscaping for Lot 11, Block 1 shall be installed at the time of the first building permit on the site. 2. The drive-thru service window on the east elevation of the Starbucks/Kinkos building shall be relocated at least 30 feet to the north (based on the original floorplan and elevation) to increase the vehicle stacking depth to a minimum offive (5) vehicles. (Council Note: the revised floorplan and east elevation conforms to this condition.) 3. The applicant shall construct only one building on Lot 11, Block 1 ofTVBC No. 1 until the plat for TVBC - Phase 3 is recorded. After said recordation, the other two buildings may be submitted for building permits. 4. The off-site driveway at the north property line shall be installed per Meridian Fire Department specifications and be at least 20 feet wide, all-weather surface, and installed prior to the issuance of the first Certificate of Occupancy on the site. Additionally, applicant is responsible to ensure that a cross parking agreement is in place among the three proposed buildings upon any future re-subdivision of Lot 11, Block 1. 5. The west elevation of the future pad building (see Sheet CU-5) shall be further enhanced with windows to improve the street appeal and provide a more pedestrian friendly atmosphere along Olive Avenue. Alternatively, rotate the building so the rear of the building is facing north. If the building is not rotated, submit a revised Site Plan to extend sidewalks to the west side of the future building pad to serve the delivery doors. (Council Note: the revised elevation conforms to this condition.) 6. A traffic control sign shall be installed in the landscape planter located between the drive-thru aisle of the Wendy's building and the drive-thru aisle of the Starbucks/Kinkos building to alert drivers of a congested area. Said sign should read "Slow," "Yield," or a similar cautionary statement. 7. The applicant shall submit a revised Site Plan (Sheet CD-I) that makes the following corrections: a. Delete. keynotes #1 and #4. (The ITD curb cut is further north than shown and Olive Ave. does not have a decellane.) b. Correct the "Parking Required" figures under the "Site/Building Data" table to reflect MCC 11-13-5. 8. Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible to construct the sewer and water mains through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 9. The development of this property shall be in conformance with the approved Planned Development, per File #CUP-02-036. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 25 ( General CUP Conditions 1. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 2. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction. 3. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 DO-year storm event. Side slopes within drainage areas shall not exceed 3: 1 ~ 4. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized inigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12- 4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Submit compaction test results to the Meridian Building Deparhnent for all building pads within lots receiving engineered backfill. 7. No signs are approved with this application. Applicant shall apply for a planned sign program for the three (3) proposed buildings prior to any signage being approved on Lot 11, Block 1 of TVBC No.1. 8. All development and construction shall comply with the Americans with Disabilities Act. 9. All parking and circulation within the project shall be incompliance with MCC 11-13. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 25 / \ ( B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 7 . Vertical clearance for driveways shall be 13' 6", this may affect tree placement in landscaping areas. 8. The driveway shall have a clear driving surface which is 20' wide available at all times. C. Adopt the Recommendations of the Ada County Highway District as follows: 1. On November 13, 2002, the Ada County Highway District Commissioners acted on MPFP02-024 and MCUP02-036/Treasure Valley Subdivision No.3. The conditions and requirements also apply to MCUP03-052. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If any surface drainage leaves the site, a Land Use Change application must be filed. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. 4. Comply with Idaho Code 31-3805. E. Adopt the Recommendations of Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 25 1. We will require plans be submitted for a plan review for any food and beverage establishment. F. Adopt the Recommendations of the Sanitary Service Company as follows: 1. Location looks fine. The plan scale reflects that Wendy's waste enclosure may need to be enlarged. G. Adopt the Recommendations of the Idaho Transportation Department as follows: 1. The ITD would like Ada County and the City of Meridian to help the Department preserve the SH 55, which has been designated as a Principal Arterial. The following conditions should be recognized: 1) future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permi tted in special cases and on a temporary basis as follows: (1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. 3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right-of-Way. H. Adopt the Recommendations from Sanitary Service as follows: 1. The enclosure locations look fine, but the plan scale reflects that Wendy's waste enclosure may need to be enlarged. I. Adopt the action of the City Council taken at their December 2, 2003 meeting as follows: For clarification: 1. The applicant, in their letter through BRS Architects dated 11/04/03, provides for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 25 following information for Condition #10 of the Staffreport: a. The drive-thru configuration has been revised for the Starbucks allowing a minimum 7 car stack. b. The future pad layout has been revised and the associated parking to meet the MCC requirements. c. The applicant shall be submitting a Final Plat but will not be requesting a PUD approval or providing additional amenities. d. The applicant has provided added glazing to the west elevation for the future pad building. e. The applicant shall be providing an all weather access to the north as agreed to by the adjacent property owner and the Meridian Fire Department. Cross-access agreements shall be provided. 2. The applicant shall only be issued one building permit and certificate of occupancy for this single lot until such time as the Final Plat is submitted, approved and recorded. 3. The applicant was given approval by the Fire Department to provide a temporary turnaround with an all weather surface capable of handling 70,000 pounds, until such time as there is an approved building to the north of the property. 4. Pertaining to drive-thrus, the applicant shall be taking 9' more to the south for a drive-thru, and provide a concrete curb barrier between the two drive-thrus, between Starbucks and Wendy's. Additionally, no other drive-thrus will be permitted on this lot. 5. A Cross-Access Agreement is provided for within the Declaration Of Covenants, Conditions, Easements And Restrictions For Crossroads Business Center located under paragraph 3. Easements, and in particular at subsections 3.2 and 3.3. 6. The applicant submitted a revised Site Plan to the Clerk's office with the following information: Title: Wendy's/Starbucks - Treasure Valley Business Center, Sheet CU-2, Drawn by: BRS, Date: 8/28/03; Revised 12/3/03, Job No. 02065.06, and this plat is hereby approved. 2. 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. 3. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 25 copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 25 NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. /6+A day of By action of the City Council at its regular meeting held on the _ &~~ , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED* COUNCILWOMAN CHERIE Me CANDLESS VOTED {ja'L- COUNCILMAN WILLIAM L.M. NARY VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /~2 ~---t 6-03 VOTED <- MOTION: APPROVED: )G' DISAPPROVED: -----"~_.~._._~~- ~- - .... -.. . -.. . Attest: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 25 \\\d\llrt1fJ{l/ \\\ c: hA*- · 1// ,\\\ OT n..t::.f)';:+. 1/// ".....' ..~ ~ ~'1...1,;~~~7 r:-:-,.,:... "" 0' f1..PC~ 1~"l/ "/.. ~ 00 ~ Ii;.' ~";. 2 ~ o.~ - - - - --. -' :: SEAL :: William G. Berg, Jr., Ci ~ r? -~ 6--. c '"-. ~ ,-~~ ,Q> 0 ~ ~ Z:; .... ~ 1 s\ 9 ~;.. ~ ..:.. Copy served upon Ap~licant, Planning an(t~mwg~l lJ ~~~;j>ublic Works Department and the CIty Attorney. /1'6}~,:t :)~,l ~ I..{fllll/:,.:," ,,,\\ ..i;Qf MtR/r\ "1/ ......',' ~ '"\ - ". - :rv~~ //// .:: .:: c) c,of\?oR.1 r. '1" ~~ By:d~/6~ cJ- ~ SEA:ed: 1~--lfJ'-03 City Clerk ;' ~""c, OJ_ ~ ~ Qu ,C3 ~ :':: ~ () "8, 1S1" .;.,J ,...:- z:\ Work\M\Meridian\Meridian 15360M\ Wendys Starbucks K?~~~~l ;, 1-'-'/ 'lsIf~~~:-O'52.dOC , /... .... _ '. .. ~ 1 \ \ ~ \ . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 25 OF 25 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) WENCO, INC., FOR A CONDITIONAL USE ) PERMIT TO CONSTRUCT TWO BUILDINGS FOR ) WENDY'S/STARBUCKSIKINKOS WITH DRIVE- ) THRUS AND A 6,500 SQUARE FOOT RETAIL PAD ) IN AN I-L ZONE, LOCATED ON THE NORTHEAST) CORNER OF OLIVE AVENUE AND E. FLORENCE ) STREET, AND IS ALSO KNOWN AS LOT 11, ) BLOCK 1 OF TREASURE VALLEY BUSINESS ) CENTER SUBDIVISION, MERIDIAN, IDAHO ) ) ) ) ) WENCO, INC. APPLICANT. C/C 12-02-03 CASE NO. CUP-03-052 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 2nd day of December, 2003, 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: 1. That the Applicant, Wenco, Inc., is granted a conditional use for a Planned Development to site three (3) buildings on Lot 11 and to construct two drive-thru facilities on the lot located on the northeast comer of Olive Avenue and E. Florence Street, and is also known as Lot 11, Block 1 of Treasure Valley Business Center Subdivision. The proposed Wendy's/Starbucks/Kinkos is proposed on Lot 11, Block 1, Treasure Valley Business Center Subdivision, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCKJ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 1 OF 9 2. That the above named applicant is granted a conditional use permit for a Pla1ll1ed Development to site three (3) buildings on Lot 11 and to construct two drive-thru facilities on the lot located on the northeast comer of Olive Avenue and E. Florence Street, and is also known as Lot 11, Block 1 of Treasure Valley Business Center Subdivision. The proposed Wendy's/Starbucks/Kinkos is proposed on Lot 11, Block 1, Treasure Valley Business Center Subdivision, Meridian, Idaho. The proposed Wendy's/StarbuckslKinkos is subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning and Zoning Commission, as follows: Site Specific Conditions 1. Landscaping adjacent to Eagle Road/SH 55 shall be installed per the approved landscaping plan with TVBC-Phase 3 (35'buffer). A detailed landscape plan shall be submitted with the Certificate of Zoning Compliance. Said plan shall make the following modifications: a. Add one (1) tree in the E. Florence street buffer (minimum of seven trees required); b. Correct the "E. Jewell" street label to be "Olive Avenue." All required perimeter landscaping for Lot 11, Block 1 shall be installed at the time of the first building permit on the site. 2. The drive-thru service window on the east elevation of the Starbucks/Kinkos building shall be relocated at least 30 feet to the north (based on the original floorplan and elevation) to increase the vehicle stacking depth to a minimum of five (5) vehicles. (Council Note: the revised floorplan and east elevation conforms to this condition.) 3. The applicant shall construct only one building on Lot 11, Block 1 ofTVBC No. 1 until the plat for TVBC - Phase 3 is recorded. After said recordation, the other two buildings may be submitted for building permits. 4. The off-site driveway at the north property line shall be installed per Meridian Fire Department specifications and be at least 20 feet wide, all-weather surface, and installed prior to the issuance of the first Certificate of Occupancy on the site. Additionally, applicant is responsible to ensure that a cross parking agreement is in place among the three proposed buildings upon any future re- subdivision of Lot 11, Block 1. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 2 OF 9 r' ( 5. The west elevation of the future pad building (see Sheet CU-5) shall be further enhanced with windows to improve the street appeal and provide a more pedestrian friendly atmosphere along Olive Avenue. Alternatively, rotate the building so the rear of the building is facing north. lfthe building is not rotated, submit a revised Site Plan to extend sidewalks to the west side of the future building pad to serve the delivery doors. (Council Note: the revised elevation conforms to this condition.) 6. A traffic control sign shall be installed in the landscape planter located between the drive-thru aisle of the Wendy's building and the drive-thru aisle of the Starbucks/Kinkos building to alert drivers of a congested area. Said sign should read "Slow," "Yield," or a similar cautionary statement. 7. The applicant shall submit a revised Site Plan (Sheet CU-1) that makes the following corrections: a. Delete keynotes #1 and #4. (The ITD curb cut is further north than shown and Olive Ave. does not have a decellane.) b. Correct the "Parking Required" figures under the "Site/Building Data" table to reflect MCC 11-13-5. 8. Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible to construct the sewer and water mains through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 9. The development of this property shall be In conformance with the approved Planned Development, per File #CUP-02-036. General CUP Conditions 1. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 11 0% 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. 2. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 3 OF 9 ( 3. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas shall not exceed 3: 1. 4. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized inigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. All inigation ditches, laterals or canals, exclusive of natural watelWays, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12- 4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. 7. No signs are approved with this application. Applicant shall apply for a planned sign program for the three (3) proposed buildings prior to any signage being approved on Lot 11, Block 1 of TVBC No.1. 8. All development and construction shall comply with the Americans with Disabilities Act. 9. All parking and circulation within the project shall be incompliance with MCC 11-13. B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE40F9 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 7. Vertical clearance for driveways shall be 13' 6", this may affect tree placement in landscaping areas. 8. The driveway shall have a clear driving surface which is 20' wide available at all times. C. Adopt the Recommendations of the Ada County Highway District as follows: 1. On November 13, 2002, the Ada County Highway District Commissioners acted on MPFP02-024 and MCUP02-036/Treasure Valley Subdivision No.3. The conditions and requirements also apply to MCUP03-052. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If any surface drainage leaves the site, a Land Use Change application must be filed. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. 4. Comply with Idaho Code 31-3805. E. Adopt the Recommendations of Central District Health Department as follows: 1. We will require plans be submitted for a plan review for any food and beverage establishment. F. Adopt the Recommendations of the Sanitary Service Company as follows: 1. Location looks fine. The plan scale reflects that Wendy's waste enclosure may ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 5 OF 9 need to be enlarged. G. Adopt the Recommendations of the Idaho Transportation Department as follows: 1. The ITD would~ like Ada County and the City of Meridian to help the Department preserve the SH 55, which has been designated as a Principal Arterial. The following conditions should be recognized: 1) future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches ( other than intersections) may be permitted in special cases and on a temporary basis as follows: (1 )Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. 3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right-of-Way. H. Adopt the Recommendations from Sanitary Service as follows: 1. The enclosure locations look fine, but the plan scale reflects that Wendy's waste enclosure may need to be enlarged. I. Adopt the action of the City Council taken at their December 2, 2003 meeting as follows: For clarification: 1. The applicant, in their letter through BRS Architects dated 11/04/03, provides for the following information for Condition #10 of the Staff report: a. The drive-thru configuration has been revised for the Starbucks allowing a minimum 7 car stack. b. The future pad layout has been revised and the associated parking to meet the MCC requirements. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCK/ KlNKOS BY WENCO, INC. (CUP-03-052) PAGE 6 OF 9 c. The applicant shall be submitting a Final Plat but will not be requesting a PUD approval or providing additional amenities. d. The applicant has provided added glazing to the west elevation for the future pad building. e. The applicant shall be providing an all weather access to the north as agreed to by the adjacent property owner and the Meridian Fire Department. Cross-access agreements shall be provided. 2. The applicant shall only be issued one building permit and certificate of occupancy for this single lot until such time as the Final Plat is submitted, approved and recorded. 3. The applicant was given approval by the Fire Department to provide a temporary turnaround with an all weather surface capable ofhandling 70,000 pounds, until such time as there is an approved building to the north of the property. 4. Pertaining to drive-thrus, the applicant shall be taking 9' more to the south for a drive-thru, and provide a concrete curb barrier between the two drive-thrus, between Starbucks and Wendy's. Additionally, no other drive-thrus will be permitted on this lot. 5. A Cross-Access Agreement is provided for within the Declaration Of Covenants, Conditions, Easements And Restrictions For Crossroads Business Center located under paragraph 3. Easements, and in particular at subsections 3.2 and 3.3. 6. The applicant submitted a revised Site Plan to the Clerk's office with the following information: Title: Wendy's/Starbucks - Treasure Valley Business Center, Sheet CU-2, Drawn by: BRS, Date: 8/28/03; Revised 12/3/03, Job No. 02065.06, and this plat is hereby approved. 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 9 11-17-8, a copy of which is attached to the permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURA TION Please take notice that the conditional use permit shall be valid for a maximum period of ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/ST ARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 7 OF 9 eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY' S/ST ARBUCKJ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 8 OF 9 City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. //:.1-1- '~_ By action ofthe City Council at its regular meeting held on the I J:;? -day of ~~m~ , 2003. By: J~fr~?- City Clerk :6~~ \\\\\\\M~.~Pf4jtx of Meridian ,,\ Of f.,~[,bl!"-\ 1/ ," .J '''<./1 /,; " :\"' '~1A"" // ~" c} o~?ORA r ). Y /~ .... ~G ~o --;. ::: ~ -:. ~ ~ ~ SEAL ~ ('oJ William G. Berg, Jr., Cit Clerlt. </Qu "C!>o 0 ~ ~ -?A '8, 15\ · ~ ~ "'" v ~ '" '-;',A 'A:J ~ ,,,-' Copy ~erved upon Applicant, the pt~~~2Pl"d"f:~~H~ Department, Public Wo~~~J;}tJP~~nt and CIty Attorney. ",' ',.:'" ,'1;\ ,,"\\\.J OF fIJEFrlJ'.'III// " :,\"'\ ul;, // ....~' c} O~PORA )0.. i;ry "'/~ ~ G r"f , ~... :;. Dated: 12-~ IG-cJ3 f ~ 0 ~ Attest: z:\ W ork\M\Meridian\Meridian 153 60M\ W endys Starbucks Kinkos CUP-03-052\CUPOrder.doc 6' 2 ~..." QU ,Qi 0 ..::- ~ rA '8r 18\ 1 ,~:5! '/ ~ tx'- ~ 'l,. - 1 ^ <'\\. ........' // \...~Ol f -r'{ ~,... ///-- N ~, f \\' III} _ , . v ~ . \\ \ \ \ . I ( .:,' 'll ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 9 OF 9 ( RECEIVED DEe 1 6 2003 Interoffice City' OflVleridi..ill1 (;ity Clerl{ Of bee MEMORANDUM To: William G. Berg, Jr. From: William F. Nichols Subject: BY: WENCO, INC. FOR CONDITIONAL USE PERMIT FOR A COFFEE SHOP (STARBUCK'S) WITH DRIVE-THRU IN A C-G ZONE CUP-03-051 File No.: Date: December 15, 2003 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon an upcoming Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A COFFEE SHOP WITH A DRlVE- THRU IN A C-G ZONE, LOCATED ON THE NORTHEAST CORNER OF MERIDIAN ROAD AND CORPORATE DRIVE, JUST WEST OF MAIN STREET, AND IS ALSO KNOWN AS LOT 2, BLOCK 1 OF WENCO SUBDIVISION, MERIDIAN, IDAHO WENCO, INC., APPLICANT C/C 12/02/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-051 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 December 2, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Billy Ray Strite, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDmONAL USE PERMIT PAGE 1 OF 20 ( FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 2, 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 December 2, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-G zone and by reason of the provisions of the Meridian City Code 9 11-1 7 -4, a public hearing was required before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 20 Council on this application. 4. The property is located on the northeast comer of Corporate Drive and Meridian Road, just west of Main Street, and is also known as Lot 2, Block 1 of Wen co Subdivision, Meridian, Idaho, 83642. The following uses surround the subject property: North - Vacant pad sites and parking for Blimpie's and Round Table restaurants, zoned C-G South - Taco Bell and Bolo's restaurants, zoned C-G East - Wendy's restaurant, zoned C-G West - Vacant, zoned L-Q 5. The owners of record of the subject property are Dale F. and Kathy Nagy, C/O Wenco, Inc., and they have given their consent for the applicant to submit the requested conditional use permit. 6. Applicant is Wenco, Inc. The applicant, Wenco, Inc., has requested approval of a Conditional Use Permit (CUP) for the construction of a new Starbuck's Coffee Shop with a drive-thru located on the northeast comer of Meridian Street and Corporate Drive. The proposed coffee shop is proposed on Lot 2, Block 1, Wenco Subdivision and is located west of Wendy's Restaurant and north of a Taco Bell restaurant. The applicant is required to apply for a CUP because drive-thru establishments are a Conditional Use in the C-G zone. 7. The subject property is currently zoned C-G (General Retail and Service Commercial). The zoning district ofC-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11- 7 - 2. This site has been the subj ect of two development applications in the recent past. On February 19, 2002, the City Council approved a Conditional Use Permit (CUP-01-028), the parking lot, perimeter landscaping and an overall, conceptual, site FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 20 plan were reviewed and approved by the City. On March 1, 2002, the City Council approved a two-lot subdivision (Wenco, PFP-01-007) that separated the Wendy's pad site from the subject Starbuck's pad site. Except for the four proposed parking stalls directly east of the proposed building, the parking lot and the majority of the perimeter landscaping improvements shown on the submitted site and landscape plans currently exist on the subject lot. 8. The proposed application requests a conditional use permit for a coffee shop with a drive-thru. The Zoning Schedule of Use Control shows that all drive-thru facilities require a Conditional Use Permit in the C-G zone (City of Meridian Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Commercial". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 20 subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning and Zoning Commission, as follows: 1. Landscaping/Street Buffers: Provide a 25- foot wide landscape buffer along Meridian Road, as shown on the submitted landscape plan prepared by BRS Architects, Sheet L-l, dated 9-03-03. 2. Parking: All parking and areas of circulation shall be improved with a hard surface, and striped in accordance with ADA, as previously approved with CUP-O 1-028 and as shown on the submitted site plan, prepared by BRS Architects on 8-20-03. If modifications are needed to accommodate the street buffer on Meridian Road, the applicant shall submit a revised site plan to P & Z staff showing said modifications at least 1 0 days prior to the next public hearing. The required parking for Lot 1 & 2, Block 1, Wenco Subdivision shall not drop below the required 33 stalls. 3. Cross-Access: The submitted site plan shows off-site vehicular access points to Meridian Road, and Corporate Drive. A cross-access easement has not been submitted to P & Z staff for this lot to use the approved off-site access points. Therefore, the Applicant shall submit a copy of a recorded cross-access ingress/ egress easement and parking agreement for the subject lot to utilize the access points and parking on Lot 1, Block 2, Wenco Subdivision prior to issuance of a Certificate of Zoning Compliance (CZC). 4. Signs: All signage shall be in accordance with the standards set forth in MCC 11-14. All signage is subject to design review and shall require separate permits. 5. Lighting: 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. 6. Accessibility: All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 7. Stormwater: 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 20 Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 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 MCC 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 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. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 7. The driveway shall have a clear driving surface which is 20' wide available at all times. c. Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 20 ( 1. On January 2, 2002, the Ada County Highway District Commissioners acted on MPFP01-007/Wenco Subdivision. The conditions and requirements also apply to MCUP03-051. D. Adopt the Recommendations of the Nampa & Meridian Inigation District as follows: 1. If any surface drainage leaves the site, a Land Use Change application must be filed. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. 4. Comply with Idaho Code 31-3805. E. Adopt the Recommendations of Central District Health Department as follows: 1. We will require plans be submitted for a plan review for any beverage establishment. F. Adopt the Recommendations of the Sanitary Service Company as follows: 1. Location and access looks good. G. Adopt the action of the City Council taken at their December 2, 2003 meeting as follows: For clarification: 1. There is a cross access agreement with Rick Thomas north of the property. 2. Pertaining to the landscape buffer on Meridian Road, ACHD owns the 10' on the west side of the landscape buffer on Meridian Road, and presently the buffer is 25' wide but after the road is widened by ACHD it will result in a 15' wide buffer, which will then match the existing buffers to the north and south of the parcel, and this buffering is approved. 3. Additional signage shall be provided to encourage customers to enter the site from Corporate Drive rather than from Meridian Road. Access from Meridian Road will be difficult for the drive-thru. 13. As part of the approval for CUP-OI-028 (Wendy's), parking spaces with alternative dimensions have been constructed on this site. The applicant requested, and the City approved, 17- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 20 foot long standard parking spaces and 13-foot long compact stalls for this site. Because the City previously reviewed and approved the existing parking lot layout and stall dimensions, it is recommended that the Applicant be able to utilize the existing facilities and construct four (4) additional stalls as proposed (Staff report Site Specific Requirement #2). On the submitted site plan the applicant is showing a substandard landscape buffer along Meridian Road, a defined Entryway Corridor. A 35-foot wide buffer is required by Meridian City Code (M CC) 12-13 -10-4 along Entryway Corridors. A 25- foot wide landscape buffer was previously approved for this site along Meridian Road by the City through the CUP process for the Wendy's drive-thru. MCC 12-13-10-2 states that all required (street) buffers shall be located beyond any street right-of-way. Since the approval of the CUP for the Wendy's, an additionall 0 feet of right-of-way (40 feet total from centerline) has been dedicated to ACHD. On the submitted site and landscape plans, a 25- foot wide buffer is depicted. However, 10 feet of the proposed buffer are off-site and lie within the jurisdiction of ACHD. It is anticipated that Meridian Road will be widened in the future, significantly reducing or removing a large portion of the Applicant's proposed street buffer. When Meridian Road is widened the buffer between the drive-thru and the street would be 15 feet wide (measured from the current right-of-way line to the edge of the drive-thru lane); the MCC requires a 35-foot landscape buffer. In accordance with the previously approved subdivision conditions for Wenco, it is recommended that the applicant provide a 25- foot wide landscape buffer along Meridian Road, measured from the existing right-of-way line to the edge of the drive-thru lane and/or building (Staff report Special Considerations). NOTE: With the 4 additional parking stalls and the 52 existing parking stalls (56 total), the proposed site plan exceeds code requirements by 23 stalls. It appears that the applicant could meet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 20 ( the previously approved 25- foot wide landscape buffer for Meridian Road and provide the required parking spaces by removing approximately 6 stalls and modifying the drive aisle on the west side of the parking lot. It is found that the site is large enough to accommodate the proposed use and all yards, open spaces, parking and landscaping required by this Ordinance except as noted above. 14. The Comprehensive Plan Land Use Map designates the property as "Commercial". The purpose of the commercial designation, as defined in Chapter 7 of the Meridian Comprehensive Plan, is to "provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as govenunent offices". It is found that the proposed coffee shop use is consistent with the Comprehensive Plan. Further, it is found that the proposed use is in compliance with Title 11 of the Meridian City Code. 15. It is found that the proposed use, design, construction, operation and maintenance should be compatible with the other restaurant type uses found in the general vicinity, including KFC/A&W, Taco Bell, Wendy's, Round Table Pizza and Bolo's. The Taco Bell directly to the south and the Wendy's directly to the east also have drive-tlnus. It is found that the design of the Starbuck's drive-tlnu is compatible with the other drive-tlnus and uses in the general vicinity. It is found that the use will not adversely change the existing or intended character of the general vicinity. 16. It is found that the proposed uses should not have an adverse affect on the other property in the vicinity. 17. The subject site has frontage on Meridian Road (120') and Corporate Drive (121') FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 20 ~ I l but does not have any approved access points to either street. It appears that access to Meridian Road, Main Street and Corporate Drive are provided to the site via shared driveways that were previously approved by ACHD. However, the Planning and Zoning Department does not have copies of any recorded documents that grant access to the public street system to the subject Lot 2, Block 1, Wenco Subdivision. It is recommended that the applicant provide the Planning and Zoning Department with a recorded copy of a cross-access ingress/egress easement and parking agreement for the subject site to use the existing drive aisles and parking on Lot 1, Block 1, WencD Subdivision (Staffreport Site Specific Requirement #3). Water and sanitary sewer service to the project is readily available to the site. 18. If approved, the developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. It is found that there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 19. According to the ACHD traffic count taken on 2-7-01 there were 14,939 vehicle trips on Meridian Road, north of Corporate Drive, and 841 vehicle trips on Corporate Drive, east of Meridian Road. On 5-23-02 there were 27,696 vehicle trips on Main Street, south of Watertower Lane. It is found that the proposed use will create additional traffic on adjacent arterial roads. Based on the ITE manual, this use (fast foot restaurant) is estimated to generate 694 additional vehicle trips per day. Although this is a sizeable amount of traffic, it is not believed that it is excessive and will not be detrimental. It is not anticipated that the proposed use will create excessive noise, smoke, fumes, glare, or odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 20 20. It is found that ACHD has previously approved the driveway locations and acquired additional right-of-way when the Wendy's CUP and Wenco Subdivision were reviewed. Traffic interference should have taken into account for said driveways when they were previously approved. NOTE: There was a note placed on the approved driveway to Meridian Road that notifies the applicant that the driveway may be restricted by ACHD to right-inlright-out only movements in the future. The driveway is currently striped for right-in/right-out and left-in movements only. 21. It is found 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 by the issuance of this 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 (I.C. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 20 (' proposed use is othetwise 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 circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Ca That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, 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; fa 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 L 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 20 5. Prior to granting a conditional use permit in the General Retail and Service Commercial (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 20 / 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 Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for the construction of a new Starbuck's Coffee Shop with a drive-thru located on the northeast comer of Meridian Street and Corporate Drive. The proposed coffee shop is proposed on Lot 2, Block 1, Wenco Subdivision and is located west of Wendy' s Restaurant and north ofa Taco Bell restaurant, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning and Zoning Commission, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 20 1. Landscaping/Street Buffers: Provide a 25-foot wide landscape buffer along Meridian Road, as shown on the submitted landscape plan prepared by BRS Architects, Sheet L-1, dated 9-03- 03. 2. Parking: All parking and areas of circulation shall be improved with a hard surface, and striped in accordance with ADA, as previously approved with CUP-01-028 and as shown on the submitted site plan, prepared by BRS Architects on 8-20-03. If modifications are needed to accommodate the street buffer on Meridian Road, the applicant shall submit a revised site plan to P & Z staff showing said modifications at least 10 days prior to the next public hearing. The required parking for Lot 1 & 2, Block 1, Wenco Subdivision shall not drop below the required 33 stalls. 3. Cross-Access: The submitted site plan shows off-site vehicular access points to Meridian Road, and Corporate Drive. A cross-access easement has not been submitted to P & Z staff for this lot to use the approved off-site access points. Therefore, the Applicant shall submit a copy of a recorded cross-access ingress/egress easement and parking agreement for the subject lot to utilize the access points and parking on Lot 1, Block 2, Wenco Subdivision prior to issuance of a Certificate of Zoning Compliance (CZC). 4. Signs: All signage shall be in accordance with the standards set forth in MCC 11-14. All signage is subject to design review and shall require separate permits. 5. Lighting: 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 spillover onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13 -4C. 6. Accessibility: All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 7. Stormwater: 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 Catalo g of S torm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wallar sight obscuring fence at least four feet in height in accordance with MCC 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 20 ( 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 of a letter of creditor 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. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the frre hydrant within 10'. 7. The driveway shall have a clear driving surface which is 20' wide available at all times. C. Adopt the Recommendations of the Ada County Highway District as follows: 1. On January 2, 2002, the Ada County Highway District Commissioners acted on MPFP01-007 /W enco Subdivision. The conditions and requirements also apply to MCUP03- 051. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If any surlace drainage leaves the site, a Land Use Change application must be filed. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 20 4. Comply with Idaho Code 31-3805. E. Adopt the Recommendations of Central District Health Department as follows: 1. We will require plans be submitted for a plan review for any beverage establishment. F. Adopt the Recommendations of the Sanitary Service Company as follows: 1. Location and access looks good. G. Adopt the action of the City Council taken at their December 2, 2003 meeting as follows: For clarification: 1. There is a cross access agreement with Rick Thomas north of the property. 2. Pertaining to the landscape buffer on Meridian Road, ACHD owns the 10' on the west side of the landscape buffer on Meridian Road, and presently the buffer is 25' wide but after the road is widened by ACHD it will result in a 15' wide buffer, which will then match the existing buffers to the north and south of the parcel, and this buffering is approved. 3. Additional signage shall be provided to encourage customers to enter the site from Corporate Drive rather than from Meridian Road. Access from Meridian Road will be difficult for the drive-thru. 2. 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. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURA TION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 20 ( Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 20 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. By action of the City Council at its regular meeting held on the ~ ec..e #l, /;}.e,C , 2003. ~61A I. - day of ROLL CALL: COUNCILMAN KEITH BIRD VOTED~?L- COUNCILWOMAN TAMMY deWEERD VOTED ~a..- COUNCILWOMAN CHERIE Mc CANDLESS VOTED$~ VOTED -$.-~ COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /2~(6-03 . ---- VOTED MOTION: APPROVED: x DISAPPROVED: -------------- . . '- ~dejt/.bt f:{ ~ jJ,,cJ'lXt-,A Ol-!] C~ Attest: - - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 20 By: Dated: City Clerk z: \ W ork\M\Meridian \Meridian 15360 MS tarbucks CUP-O 3-051 \FfClsCUP03-0 51. doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 20 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) WENCO, INC., FOR A CONDITIONAL USE ) PERMIT FOR A COFFEE SHOP WITH A ) DRIVE-THROUGH IN A C-G ZONE, LOCATED ON ) THE NORTHEAST CORNER OF MERIDIAN ROAD ) AND CORPORATE DRIVE, JUST WEST OF MAIN ) STREET, AND IS ALSO KNOWN AS LOT 2, BLOCK) 1 OF WENCO SUBDIVISION, MERIDIAN, IDAHO ) ) C/C 12-02-03 CASE NO. CUP-03-051 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 2nd day of December, 2003, 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: 1. That the Applicant, WeneD, Inc., is granted a conditional use for the construction of a new Starbuck's Coffee Shop with a drive-thru located on the northeast comer of Meridian Street and Corporate Drive. The proposed coffee shop is proposed on Lot 2, Block 1, Wenco Subdivision and is located west of Wendy's Restaurant and north ofa Taco Bell restaurant, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for the construction of a new Starbuck's Coffee Shop with a drive-thru located on the northeast comer of Meridian Street and Corporate Drive. The proposed coffee shop is proposed on Lot 2, Block 1, Wenco Subdivision and is located west of Wendy's Restaurant and north of a Taco Bell restaurant, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - STARBUCK'S BY WENCO, INC. (CUP-03-05!) PAGE 1 OF 6 l ( modified by the Planning and Zoning Commission, as follows: 1. Landscaping/Street Buffers: Provide a 25-foot wide landscape buffer along Meridian Road, as shown on the submitted landscape plan prepared by BRS Architects, Sheet L-1, dated 9-03-03. 2. Parking: All parking and areas of circulation shall be improved with a hard surface, and striped in accordance with ADA, as previously approved with CUP-01-028 and as shown on the submitted site plan, prepared by BRS Architects on 8-20-03. If modifications are needed to accommodate the street buffer on Meridian Road, the applicant shall submit a revised site plan to P & Z staff showing said modifications at least 10 days prior to the next public hearing. The required parking for Lot 1 & 2, Block 1, Wenco Subdivision shall not drop below the required 33 stalls. 3. Cross-Access: The submitted site plan shows off-site vehicular access points to Meridian Road, and Corporate Drive. A cross-access easement has not been submitted to P & Z staff for this lot to use the approved off-site access points. Therefore, the Applicant shall submit a copy of a recorded cross-access ingress/egress easement and parking agreement for the subject lot to utilize the access points and parking on Lot 1, Block 2, Wenco Subdivision prior to issuance of a Certificate of Zoning Compliance (CZC). 4. Signs: All signage shall be in accordance with the standards set forth in MCC 11-14. All signage is subject to design review and shall require separate permits. 5. Lighting: 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. 6. Accessibility: All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 7. Stormwater: A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - STARBUCK'S BY WENCO, INC. (CUP-03-05!) PAGE 2 OF 6 ;' ( 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 MCC 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 of a letter of credit or cash in the amount of 11 0% 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. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 7. The driveway shall have a clear driving surface which is 20' wide available at all times. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - STARBUCK'S BY WENCO, INC. (CUP-03-051) PAGE 3 OF 6 ,f-.- (- c. Adopt the Recommendations of the Ada County Highway District as follows: 1. On January 2, 2002, the Ada County Highway District Commissioners acted on MPFP01-007/Wenco Subdivision. The conditions and requirements also apply to MCUP03-051. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If any surface drainage leaves the site, a Land Use Change application must be filed. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. 4. Comply with Idaho Code 31-3805. E. Adopt the Recommendations of Central District Health Department as follows: 1. We will require plans be submitted for a plan review for any beverage establishment. F. Adopt the Recommendations of the Sanitary Service Company as follows: 1. Location and access looks good. G. Adopt the action of the City Council taken at their December 2, 2003 meeting as follows: For clarification: 1. There is a cross access agreement with Rick Thomas north of the property. 2. Pertaining to the landscape buffer on Meridian Road, ACHD owns the 10' on the west side of the landscape buffer on Meridian Road, and presently the buffer is 25' wide but after the road is widened by ACHD it will result in a 15' wide buffer, which will then match the existing buffers to the north and south of the parcel, and this buffering is approved. 3. Additional signage shall be provided to encourage customers to enter the site from Corporate Drive rather than from Meridian Road. Access from Meridian Road will ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - STARBUCK'S BY WENCO, INC. (CUP-03-051) PAGE40F6 be difficult for the drive-thru. 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 S 11-17-8, a copy of which is attached to the permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURA TION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - STARBUCK'S BY WENCO, INC. (CUP-G3-0S1) PAGE 5 OF 6 original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. '\ By 9-c!ion ofthe City Council at its regular meeting held on the I GAday of qjeC:efl1M't./ , 2003. Attest: CJ:; {p~ ;JMIi~ By: .JI~~~~Jt9-- City Clerk Dated: /2 --16 -tJ 3 .- """ z:\ W ork\M\Meridian\Meridian 15360M\Starbucks CUP-03-051 \CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - STARBUCK'S BY WENCO, INC. (CUP-03-051) PAGE60F6 ?ltCl~'~' ? oSl \Dr ~0b\,(/ )\JbtILf ~ .~7 hC{;lt;s ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 2, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of November 12, 2003 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Denial: CUP 03- 042 Request for a Conditional Use Permit for a new Carl's Jr. restaurant with drive-thru service window by Clayton Jones - north of Intersection of South Meridian Road, East Central Drive and South Main Street: C. Lift Station Maintenance Agreement for Mashers Farm (CMD, Inc.): D. Approve Bills: 4. Department Reports: A. Fire Department - Kenny Bowers: 1. Update on Station # 3: 2. Update on Grants: 5. (Items Moved from Consent Agenda) 6. Ordinance No. Ordinance 03-1046: Amending the Amended Sign Meridian City Counci I Agenda -Decenlber 2, 2003 Page I of 2 All nlaterials presented at public nleetings shall become property of the City of Meridian. Anyone desiring acconlnlodation for disabilities related to docunlents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Public Hearing: CUP 03-049 Request for a Conditional Use Permit for an Emissions Testing Center in a C-C zone for Hark's Corner Emission Center by L&J Capital Ventures, LLC - 1651 West Franklin Road: 8. Public Hearing: CUP 03-051 Request for a Conditional Use Permit for a coffee shop with auxiliary drive-thru in a C-G zone for Starbucks by Wenco, Inc. - northeast corner of South Meridian Road and East Corporate Drive: 9. Public Hearing: CUP 03-052 Request for a Conditional Use Permit to construct three buildings for Wendy's / Starbucks I Kinkos with auxiliary drive thrus and a 6,500 square foot retail pad in a I-L zone by Wenco, Inc. - northwest corner of North Eagle Road and East Florence Street: Meridian City Council Agenda -December 2, 2003 Page 2 of 2 All 1l1aterials presented at public 1l1eetings shall become property of the City of fVteridian. Anyone desiring accommodation for disabilities related to docunlents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public nleeting. ( ** TX CONFIRMATION REPORT ** 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATE TIME TO/FROM 11/26 15:01 3810160 11/26 15:02 PUBLIC WORKS 11/26 15:03 12084664405 11/26 15:04 8841159 11/26 15:05 2088840744 11/26 15:06 POLICE DEPT 11/26 15:08 LIBRARY 11/26 15:09 92083776449 11/26 15:10 208 388 6924 11/26 15:12 2088886854 11/26 15:13 ALL AMERICAN INS 11/26 15:14 208 895 0390 11/26 15:15 208 387 6393 11/26 15:16 ADA CTY DEUELMT 11/26 15:18 8885052 11/26 15:19 CHERRY LANE 11/26 15:20 POST OFFICE 11/26 15:22 IDAHO ATHLETIC C 11/26 15:23 887 0816 11/26 15:25 ID PRESS TRIBUNE 11/26 15:26 2088886701 11/26 15:31 Laurel 11/26 15:35 8985501 AS OF NOU 26 '03 15:36 PAGE. 01 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 00'48" 002 00'31" 002 00'32" 002 00' 33" 002 00'31" 002 00' 32" 002 00' 37" 002 00'31" 002 00'36" 002 00'31" 002 00'31" 002 00' 32" 002 00' 32" 002 01'09" 002 00' 32" 002 00'37" 002 00'48" 002 00' 32" 002 01'11" 002 00' 33" 002 00' 32" 002 00'33" 002 00'32" 002 CMDij 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 232 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- ?bse/ ? ost -\or YV6\;0 J\Jot-iLe-/ -7 ha(}t~ I CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 2, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: Bill Nary Keith Bird A. Approve minutes of November 12, 2003 City Council Regular Meeting: ** TX cf ( a1AT ION REPORT ** AS OF DEC 02 '03 ~. ...9 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS 14 12/02 21:57 3810160 EC--S 00' S2" 002 018 OK 15 12/02 21:59 PUBLIC WORKS EC--S 00' 34" 002 018 OK 16 12/02 22: 00 12084664405 EC--S 00' 35" 002 018 OK 17 12/02 22:01 8841159 EC--S 00'34" 002 018 OK 18 12/02 22:02 2088840744 EC--S 00'34" 002 018 OK 19 12/02 22:03 POLICE DEPT EC--S 00' 35" 002 018 OK 20 12/02 22:04 8985501 EC--S 00' 33" 002 018 OK 21 12/02 22:05 LIBRARY EC--S 00' 42" 002 018 OK 22 12/02 22:06 92083776449 EC--S 130'34" 002 018 OK 23 12/02 22:07 208 388 6924 EC--S 00'41" 002 018 OK 24 12/02 22:08 2088886854 EC--S 00 ' 34" 002 018 OK 2S 12/02 22:09 208 895 0390 EC--S 00' 33" 002 018 OK 26 12/02 22: 11 208 387 6393 EC--S 00' 34" 002 018 OK 27 12/02 22:12 ADA CTY DEUELMT G3--S 01 ' 10" €l02 €l18 OK 28 12/02 22:13 8885052 EC--S 1210'34" 0132 018 OK 29 12/02 22: 15 CHERRY LANE EC--S 00'41" 002 018 OK 30 12/02 22:16 POST OFFICE EC--S 00 ' 52" 002 018 OK 31 12/02 22:17 IDAHO ATHlETIC C EC--S 00' 34" 002 018 OK 32 12/02 22:19 ID PRESS TRIBUNE EC--S 00' 35" 002 018 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 2, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd ~ Bill Nary -X Cherie ~candless ----K. Keith Birel Mayor Robert Corrie 2. Adoption of the Agenda: d"ffn:>v.e e:rJ' cl"m~cLecL Consent Agenda: 3.. A. Approve minutes of November 12, 2003 City Council Regular Meeting: ~()vue- B. Findings of Fact and Conclusions of Law for Denial: CUP 03. 042 Request for a Conditional Use Permit for a new Carl's Jr. restaurant with drive-thru service window by Clayton Jones - north of Intersection of South Meridian Road, East Central Drive and South Main Street: ~V~ /LeV/reeL C. lift Station Maintenance Agreement for Moshers Farm (CMD, Inc.): ~~ 0.. Approve Bins; ~v-<.. 4. Department Reports: A. Fire Department - Kenny Bowers: 1. Update on Station # 3: ttpdd-<-. 2. Update on Grants: bv,P~ 5. (Items Moved from Consent Agenda) Ordinance No. tJ 3 -I {) ,60 Ordina n ce 03-1046: Pi. f1 pYv v..<... h<' n .J2.- 6. : Amending the Amended Sign Meridian City Council Agcndo. -Da:enlbcr 2.2003 Pi:l.gc 1 01'2 All ma lcriaJ~ presontcd. .S[ publie meetings sbaJ1 btocu me propcny of the City of Meridi3Jl. Anyone desiring ilCcommudauun fordif4bitincs related to docutnenl:l; and/or bc3ring plt<t$t: l:unbcl the City Clerk's Office 3{ 8884433 <1t least 48 hn~ flriono the': publio meeting. ( ** TX CONFIRMHj~uN REPORT ** ( AS OF DEC 02 '03 22:20 PAGE a 01 CITY OF MERIDIAN DATE TIME TO/FROM 01 12/02 22:20 2088886701 MODE MIN/SEC PGS CMDij STATUS EC--S 00'34" 002 018 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 2, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd i Bill Nary -K Cherie ~candless X Keith Bird Mayor Robert Corrie 2. Adoption ofthe Agenda: t:</1Pn::w.e t;(.J tl"Iht4>..de.d... 3. Consent Agenda: A. Approve minutes of November 12, 2003 City Council Regular Meeting: ~C;~ B. Findings of Fact and Conclusions of Law for Denial: CUP 03- 042 Request for a Conditional Use Permit for a new Carl's Jr. restaurant with drive-thru service window by Clayton Jones - north of Intersection of South Meridian Road, East Central Drive and South Main Street ~ ve /1..e VI "l eeL C. Lift Station Maintenance Agreement for Moshers Farm (CMD. Inc.): ~W?- D. Approve Bills; ~v.z 4. Department Reports: A.. Fire Department - Kenny Bowers: 1. Update on Station # 3: tkpdc~-<.- 2. Update on Grants: tvJ7~ 5. (Items Moved from Consent Agenda) Ordinance No.. t/ 3 -I 0 60 Ordinance 03-1046: tfi-fpY()v-e- f1,c? n .iZ- 6. : Amending the Amended Sign Meridian City CounciJ Agenda -Do:cmbcr 2. 20U3 ~ge 1 uJ'2 All ~lc:rials presented at public meetings slk"lll bcf.:ome propcny oftl1c City of Meridian, Anyone desiring :lccommodation for disabilities related to documaJ~ and/or hearing ple-ast: cunli1cL the City Clerk's Office at 888-4433 all~t 48 hours nnorto tile: public mceriug.