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HomeMy WebLinkAboutMoxie Java CUP 01-010BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08-21-01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A FREE- STANDING COFFEE HUT WITH DRIVE-THRU IN A C-G ZONE, LOCATED AT 1975 E. FAIRIVEW, MERIDIAN, IDAHO TJBJ, INC. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-01-0io 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 August 8, 2001, and continued until August 21, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Plam~ing and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Todd Mason, also appearing and testifying was Tom Bevan, and no one appeared in opposition, 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 I. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 8, 2001, and continued until June 19, 2001, 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 August 8,2001, and continued until August 21,2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 1 I-15-5 and 11-17- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 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 § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1975 E. Fairview, Meridian, Idaho. 5. The owner of record of the subject property is Wild Shamrock, LLP of Meridian, Idaho. 6. Applicant is T. Mason, Meridian, Idaho. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a free- standing coffee hut with drive-thru. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 10. The use proposed within the subiect 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 subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, and in accordance with the drawing of 7-16-01, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The Applicant has not requested any municipal services to serve this use. They intend to be a fully self-contained unit. If approved, evidence of approval from the Central District Health Department for operation of this self-contained unit shall be submitted to the Planning Department at the time of Certificate of Zoning Compliance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 Parking: The proposed Moxie Java is required to have 5 parking spaces per Ordinance 11-13 for a single drive-through window. Econo-Lube is required to have 13 spaces. The Commission and Council shall require the Applicant to stripe two parallel parking spaces west of the proposed structure (based on the revised May 3, 2001 Plan) and seek to obtain a cross-parking agreement between Econo-Lube and Schucks for the two remaining needed spaces. The proposed Site Plan leaves Econo-Lube 2 spaces short of their requirement. Schucks has at least 2 more spaces than they are required to have. A variance was granted to the Applicant in Case No. VAR-01-O08, at the City Council meeting held on June 19, 2001, wherein the Applicant was granted to reduce the parking by two spaces. Some form of hanging planters or other landscaping around the base of the structure shall be provided to beautify the building. A Certificate of Occupancy (C.O.) for the business is required prior to operation. This C.O. shall be signed by representatives of the Fire Department, Building Department and Planning & Zoning Department, at a minimum. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for the free-standing coffee hut with drive-thru. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Paving and striping shall be in accordance with the standards set forth in Sections i 1-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 9. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 10. The applicant shall be required to have at least 100-feet of stacking distance between both existing driveway locations. 1 I. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 12. No new driveways are approved with this application. 13. Applicant shall also comply with all the Standard Requirements of the ACHD's letter dated April 19, 2001. Adopt the Recommendations of the Central District Health Department as follows: 14. Applicant shall provide plans for a plan review to the Department for a beverage establishment. Adopt the Recommendations of the Meridian Fire Department as follows: 15. Applicant shall satisfy code requirements of all departments. Adopt the Sanitary Sewer Service Recommendations as follows: 16. Applicant shall provide 10' inside gate opening. Additionally, the Applicant shall comply with the City Council's requirement from their August 21, 2001 meeting as follows: 17. That the Applicant shall have six months to obtain and have in place a Cross Access Easement Agreement with the parcel to the east of the proposed project. If the Applicant is unable to obtain and have in place FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 said agreement then no building permits shall be permitted and the conditional use permit shall expire. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as Mixed/Planned Use Development". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be han-nonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 18. The development will not result in the destruction, loss or damage of natural or scenic feature of maior importance relating to the property. 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. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subiect 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, 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. Will not result in the destruction, loss or damage of a natural or scenic feature of ma}or importance. 5. Prior to granting a conditional use permit in the General Retail and Service Commercial District (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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 conditional use permit all in accordance with the provisions of Meridian City Code § 7-5 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 Conunission; 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 shah 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 riming of development; C. Control the duration of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I0 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 Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. The above named applicant is granted a conditional use permit for a free-standing coffee hut with drive-thru in a C-G zone located at I975 E. Fairview, Meridian, Idaho, and in accordance with the drawing of 7-16-01, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The Applicant has not requested any municipal services to serve this use. They intend to be a fully self-contained unit. If approved, evidence of approval from the Central District Health Department for operation of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 self-contained unit shall be submitted to the Planning Department at the time of Certificate of Zoning Compliance. Parking: The proposed Moxie Java is required to have 5 parking spaces per Ordinance 11-13 for a single drive-through window. Econo-Lube is required to have 13 spaces. The Commission and Council shall require the Applicant to stripe two parallel parking spaces west of the proposed structure (based on the revised May 3, 2001 Plan) and seek to obtain a cross-parldng agreement between Econo-Lube and Schucks for the two remaining needed spaces. The proposed Site Plan leaves Econo-Lube 2 spaces short of their requirement. Schucks has at least 2 more spaces than they are required to have. A variance was granted to the Applicant in Case No. VAR-01-008, at the City Council meeting held on June 19, 2001, wherein the Applicant was granted to reduce the parldng by two spaces. 3. Some form of hanging planters or other landscaping around the base of the structure shall be provided to beautify the building. A Certificate of Occupancy (C.O.) for the business is required prior to operation. This C.O. shall be signed by representatives of the Fire Department, Building Department and Planning & Zoning Department, at a minimum. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for the free-standing coffee hut with drive-thru. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-I3-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 lq3-4.C. 8. All signage shall be in accordance with the standards set forth in Section FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 11-14 of the City Zoning and Development Ordinance. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Reconunendations of the Ada County Highway District as follows: 10.The applicant shall be required to have at least 100-feet of stacldng distance between both existing driveway locations. 11.Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 12.No new driveways are approved with this application. 13. Applicant shall also comply with all the Standard Requirements of the ACHD's letter dated April 19, 2001. Adopt the Recommendations of the Central District Health Department as follows: 14. Applicant shall provide plans for a plan review to the Department for a beverage establishment. Adopt the Recommendations of the Meridian Fire Department as follows: 15. Applicant shall satisfy code requirements of all departments. Adopt the Sanitary Sewer Service Recommendations as follows: 16. Applicant shall provide iff inside gate opening. Additionally, the Applicant shall comply with the City Council's requirement from their August 21,2001 meeting as follows: 17. That the Applicant shall have six months to obtain and have in place a Cross Access Easement Agreement with the parcel to the east of the proposed project. If the Applicant is unable to obtain and have in place FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 said agreement then no building permits shall be permitted and the conditional use permit shall expire. 13. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City AttorneY draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ~ff~/~x.~, 2001. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 ROLL CALL: COUNCILMAN R0N ANDERSON VOTED COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHEKIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~;~--'~ -152t/ MOTION: APPROVED~ VOTED_~~-'' VOTED VOTED VOTED DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Dated: \kNPA_NTS40_PDCkSERVER_ZkWork~l~Meridian~¥1eridian 15360M~Vioxie Java CUP01-010kFfCIsCUP01-01(~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/21/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A FREE- STANDING COFFEE HUT WITH DRIVE-THRU IN A C-G ZONE, LOCATED AT 1975 E. FAIRVIEW, MERIDIAN, IDAHO TJBJ, INC., APPLICANT Case No. CUP-01-O10 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 8th day of August, 2001, and continued until August 21,2001, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a free-standing coffee hut with drive-thru, in a C-G zone located at 1975 E. Fairview, Meridian, Idaho, and in accordance with the drawing of 7-16-01, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ORDER CONDITIONAL USE PERMIT - 1 BY TJBJ, INC. / CUP-01-010 The Applicant has not requested any municipal services to serve this use. They intend to be a fully self-contained unit. If approved, evidence of approval from the Central District Health Department for operation of this self-contained unit shall be submitted to the Planning Department at the time of Certificate of Zoning Compliance. Parking: The proposed Moxie Java is required to have 5 parking spaces per Ordinance 11-13 for a single drive-through windo~v. Econo-Lube is required to have 13 spaces. The Commission and Cotmcil require the Applicant to stripe two parallel parking spaces west of the proposed structure (based on the revised May 3, 2001 Plan) and seek to obtain a cross-parking agreement between Econo-Lube and Schucks for the two remaining needed spaces. The proposed Site Plan leaves Econo-Lube 2 spaces short of their requirement. Schucks has at least 2 more spaces than they are required to have. A variance was granted to the Applicant in Case No. VAR-01-008, at the City Council meeting held on June 19, 2001, wherein the Applicant was granted to reduce the parking by two spaces. Some form of hanging planters or other landscaping around the base of the structure shall be provided to beautify the building. A Certificate of Occupancy (C.O.) for the business is required prior to operation. This C.O. shall be signed by representatives of the Fire Department, Building Department and Planning & Zoning Department, at a minimum. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for the free-standing coffee hut with drive-thru. The conditional use permit shall be subject to review upon ten (I0) days notice to the appliCant. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. ORDER CONDITIONAL USE PERMIT BY TJBJ, INC. / CUP-01-010 -2 8. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 10.The applicant shall be required to have at least 100-feet of stacking distance between both existing driveway locations. 11.Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 12.No new driveways are approved with this application. 13. Applicant shall also comply with all the Standard Requirements of the ACHD's letter dated April 19, 2001. Adopt the Recommendations of the Central District Health Department as follows: 14. Applicant shall provide plans for a plan review to the Department for a beverage establishment. Adopt the Recommendations of the Meridian Fire Department as follows: 15. Applicant shall satisfy code requirements of all departments. Adopt the Sanitary Sewer Service Recommendations as follows: 16. Applicant shall provide 10' inside gate opening. Additionally, the Applicant shall comply with the City Council's requirement from their August 2 l, 2001 meeting as follows: 17.That the Applicant shall have six months to obtain and have in place a Cross Access Easement Agreement with the parcel to the east of the proposed project. If the Applicant is unable to obtain and have in place said agreement then no building permits shall be permitted and the ORDER CONDITIONAL USE PERMIT - 3 BY TJBJ, INC. / CUP-01-010 conditional use permit shall expires. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the day of  D C-orrie,/~layor-City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and .City Attorney. City Clerk Datea: \kNPA_NTS40_PDC~ERVER_Z~Work~VlWieridianhMeridian 15360MhMoxie Java CUPOl-O10\OrderCUP01-OlO.doc ORDER CONDITIONAL USE PERMIT BY TJBJ, INC. / CUP-01-010 -4