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HomeMy WebLinkAboutKentucky Fried Chicken A&W CUP-01-021BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11-07-01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A DUAL RESTAURANT WITH DRIVE- THRU IN A C-G ZONE AT 677 EAST 1sx STREET, MERIDIAN, IDAHO G & H ENTERPRISES II, APPLICANT Case No. CUP-01-021 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 October 16, 2001 and November 7, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shaft Stiles, Planning and Zoning Administrator, appeared and testified, Jonathan Gibbs and Patrick McKeegan testified in support, 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, and having duly considered the matter, the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I 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 October 16, 2001, which was continued to November 7, 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 October 16, 2001 and November 7, 2001, 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 §67-6509, 6512, and Meridian City Code §§ 11-15-5 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 677 East 1~t Street, Meridian, Idaho. 5. The owner of record of the subject property is G & H Enterprises of Boise, Idaho. 6. Applicant is owner of record. 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 dual restaurant with a 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 1 I-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 - $ 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 prodding 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 sen4ces delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, and with the exception of the zoning of C-G for the commercial lots which is recommended to be C-C subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 12.1 Landscaping shall be installed as submitted on the site plan. Staff recommends the addition of 3 new trees adjacent to the new building on the eastern side to replace the proposed skyrocket junipers. Due to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 12.2 12.3 12.4 12.5 12.6 12.7 12.8 narrowness (3 feet) of the skyrocket junipers, the City of Meridian does not recognize the Junipers as landscaping trees. Additional landscaping shall be required along the southern property line. Three copies of the new detailed landscape plans and irrigation performance specifications will be required prior to the issuance of a Certificate of Zoning Compliance. The landscape plan dated October 29, 2001 is approved. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4.F. That the drive-thru on the existing building shall be abandoned as soon as the new drive-thru is operational. 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. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under subject application and none are approved. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon 3 days notice to the applicant. The existing 60' sign may be retained. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 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 parMng areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction, which has authority FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 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. 12.9 Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 12.10 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. 12.11 Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing proposed utility connection. 12.12 A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 12.13 Provide 5' wide pedestrian walkways in accordance with City Ordinance Section 11-9-606.B. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 12.14 All storm drainage must be retained on site. Adopt the Recommendations of the Meridian Fire Department as follows: 12.15 Applicant shall provide a fire-flow as required by the 1997 Uniform Fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 Code Appendix III-A. 12.16 All corners will have to have 28' inside radius and 48' outside radius. Adopt the Central District Health Department Recommendations as follows: 12. ! 7 Run-off is not to create a mosquito breeding problem. 12.18 Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 12.19 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. 12.20 Applicant shall submit plans for a food establishment. Adopt the Recommendarions of the ACHD as follows: 12.21 Dedicate 775-square feet of right-of-way on the northwest comer of East 1st Street and Corporate Drive. The dimensions shall provide a 775-square foot triangle. The triangle shall be a right triangle with right-of-way from the southeast corner of the property on East I't extending 31-feet north of Corporate Drive. The right triangle on Corporate Drive shall be from the southeast corner of the property extending 25-feet west of East itt Street. The right-of-way abutting the parcel shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever comes first. 12.22 Dedicate 40-feet of right-of-way from the centefline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 12.23 Utilize the driveway that was approved with a previous application as a right-in/right-out driveway located on Meridian Road approximately 140-feet north of Corporate Drive is granted a modification of policy FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 and is approved with this application. The driveway that is proposed on Corporate Drive located approximately 180-feet west of East of 1 st Street is approved as a right- in/right-out driveway. The proposed internal driveway to be shared with the property directly to the north is approved with this application. Applicant shall provide a recorded cross access easement for the parcels to the north to use this parcel for access to the public roadway network. Construct a 5-foot wide detached concrete sidewalk on Meridian Road and East 1 s~ Street located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. Replace unused curb cuts on Corporate, Meridian Road and East 1st Street with standard curb, gutter and/or concrete sidewalk to match existing improvements. Replace any damaged curb, gutter and or sidewalk on Corporate Drive, Meridian Road and East 1s~ Street with new curb, cutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Pave the driveway its full width of and at least 30- to 40-feet and at least 30-feet into the site beyond the edge of pavement of Meridian Road with 15-foot curb radii. Provide a minimum of lO0-feet of stacking distance from the drive-thru window to the public roadway system. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Any existing irrigation facilities shall be relocated outside of the right-of- way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 12.33 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 12.34 Other than the access point specifically approved with this application, direct lot or parcel access to Corporate Drive, East 1~t Street and Meridian Road is prohibited. 13. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious 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. 14. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 15. 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. 16. 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. 17. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 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, 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 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) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - lO 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; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public fadlities 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 resuk in the destruction, loss or damage of a natural or scenic feature of major importance; i. Will have vehicular approaches to the property, which shall be so designed as not to create an interference with traffic on surrounding public streets. 5. Prior to granting a conditional use permit in the Community Business 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 conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 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 Conunission 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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. That the above named applicant is granted a conditional use permit for a commercial development consisting of a dual restaurant with a drive-thru in a C-C zone located at 677 East First St, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Landscaping shall be installed as submitted on the site plan. Staff recommends the addition of 3 new trees adjacent to the new building on the eastern side to replace the proposed skyrocket junipers. Due to the narrowness (3 feet) of the skyrocket junipers, the City of Meridian does not recognize the Junipers as landscaping trees. Additional FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 1.2 1.3 1.4 1.5 1.6 1.7 1.8 landscaping shall be required along the southern property line. Three copies of the new detailed landscape plans and irrigation performance specifications will be required prior to the issuance of a Certificate of Zoning Compliance. The landscape plan dated October 29, 2001 is approved. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code i 1-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4.F. The drive-thru on the existing building shall be abandoned as soon as the new drive-thru is operational. Ail 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. Ail parking lot lighting shall be in accordance with Ordinance 11-13-4C. Ail signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under subject application and none are approved. Ail signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon 3 days notice to the applicant. The existing 60' sign may be retained. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 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, I0-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction, which has authority over the receiving stream, provides written authorization prior to development plan approval. The applicant is responsible for filing all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 1.9 Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wail or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12- I C. Coordinate location and construction requirements with Sanitary Services, Inc. 1.10 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. 1.11 Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing proposed utility connection. 1.12 A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 1.13 Provide 5' wide pedestrian walkways in accordance with City Ordinance Section 11-9-606.B. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. 14 All storm drainage must be retained on site. Adopt the Recommendations of the Meridian Fire Department as follows: 1.15 Applicant shall provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 1.16 All corners will have to have 28' inside radius and 48' outside radius. Adopt the Central District Health Department Recommendations as follows: 1.17 Run-off is not to create a mosquito breeding problem. 1.18 Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.19 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. 1.20 Applicant shall submit plans for a food establishment. Adopt the Recommendations of the ACHD as follows: 1.21 Dedicate 775-square feet of right-of-way on the northwest corner of East 1~t Street and Corporate Drive. The dimensions shall provide a 775-square foot triangle. The triangle shall be a right triangle with right-of-way from the southeast corner of the property on East 1~t extending 31-feet north of Corporate Drive. The right triangle on Corporate Drive shall be from the southeast comer of the property extending 25-feet west of East 1~t Street. The right-of-way abutting the parcel shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever comes first. 1.22 Dedicate 40-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.23 Utilize the driveway that was approved with a previous application as a right-in/right-out driveway located on Meridian Road approximately 140-feet north of Corporate Drive is granted a modification of policy and is approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 .24 1.25 1.26 The driveway that is proposed on Corporate Drive located approximately 180-feet west of East of 1~ Street is approved as a right- in/right-out driveway. The proposed intemal driveway to be shared with the property directly to the north is approved with this application. Applicant shall provide a recorded cross access easement for the parcels to the north to use this parcel for access to the public roadway network. Construct a 5-foot wide detached concrete sidewalk on Meridian Road and East 1st Street located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 1.27 1.28 1.29 Replace unused curb cuts on Corporate, Meridian Road and East 1st Street with standard curb, gutter and/or concrete sidewalk to match existing improvements. Replace any damaged curb, gutter and or sidewalk on Corporate Drive, Meridian Road and East Vt Street with new curb, cutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Pave the driveway its full width of and at least 30- to 40-feet and at least 30-feet into the site beyond the edge of pavement of Meridian Road with 15-foot curb radii. 1.30 Provide a minimum of 100-feet of stacking distance from the drive-thru window to the public roadway system. 1.31 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 1.32 Any existing irrigation facilities shall be relocated outside of the right-of- way. 1.33 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 1.34 Other than the access point specifically approved with this application, direct lot or parcel access to Corporate Drive, East 1't Street and Meridian Road is prohibited. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code {} 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 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 ~) J ~:~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 day of /J~Vi~'~"t'~ , 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHEKIE McCANDLESS VOTED VOTED VOTED MAYOR ROBERT D. COmE (TIE BREAKER) DATED: /t~- ~--a~/ VOTED MOTION: APPROVED~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk cmZ:\Wor kVMqMe ridianXgd e ridian 15360NBIr, FC and A&W CUPO 1-02 i~FfCIsCUPO 1-021 .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/07/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A DUAL RESTAURANT WITH DRIVE- THRU IN A C-G ZONE AT 677 EAST 1sT STREET, MERIDIAN, IDAHO G & H ENTERPRISES II, APPLICANT Case No. CUP-01-011 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the October 16, 2001 and November 7, 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 commercial development consisting of dual restaurant with drive-thru in a C-G zone located at 677 East 1st Street, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-01-021) -1 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Landscaping shall be installed as submitted on the site plan. Staff recommends the addition of 3 new trees adjacent to the new building on the eastern side to replace the proposed skyrocket junipers. Due to the narrowness (3 feet) of the skyrocket junipers, the City of Meridian does not recognize the Junipers as landscaping trees. Additional landscaping shall be required along the southern property line. Three copies of the new detailed landscape plans and irrigation performance specifications will be required prior to the issuance of a Certificate of Zoning Compliance. The landscape plan dated October 29, 2001 is approved. All parldng and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code i 1-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4.F. The drive-thru on the existing building shall be abandoned as soon as the new drive-thru is operational. All exterior lighting, whether attached to the building or located within the parldng lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parldng lot lighting shall be in accordance with Ordinance 11-13-4C. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under subject application and none are approved. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon 3 days notice to the applicant. The existing 60' sign may be retained. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 2.8 A drainage plan designed by a State of Idaho licensed architect or ORDER CONDITIONAL USE PERMIT (CUP-0 ~-02 ~) -2 2.9 2.10 2.11 engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the iurisdiction, 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. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 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. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing proposed utility connection. 2.12 2.13 A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. Provide 5' wide pedestrian walkways in accordance with City Ordinance Section 11-9-606.B. ORDER CONDITIONAL USE PERMIT (CUP-0 !-02 ~) -3 Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 2.14 All storm drainage must be retained on site. Adopt the Recommendations of the Meridian Fire Department as follows: 2.15 Applicant shall provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. 2.16 All corners will have to have 28' inside radius and 48' outside radius. Adopt the Central District Health Department Recommendations as follows: 2.17 Run-off is not to create a mosquito breeding problem. 2.18 Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.19 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. 2.20 Applicant shall submit plans for a food establishment. Adopt the Recommendations of the ACHD as follows: 2.21 Dedicate 775-square feet of right-of-way on the northwest comer of East 1st Street and Corporate Drive. The dimensions shall provide a 775-square foot triangle. The triangle shall be a right triangle with right-of-way from the southeast comer of the property on East l*t extending 31-feet north of Corporate Drive. The right triangle on Corporate Drive shall be from the southeast corner of the property extending 25-feet west of East l't Street. The right-of-way abutting the parcel shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building ORDER CONDITIONAL USE PERMIT (CUP-0 -02 ) -4 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 permit (or other required permits) whichever comes first. Dedicate 40-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Utilize the driveway that was approved with a previous application as a right-in/right-out driveway located on Meridian Road approximately 140-feet north of Corporate Drive is granted a modification of policy and is approved with this application. The driveway that is proposed on Corporate Drive located approximately 180-feet west of East of Ist Street is approved as a right- in/right-out driveway. The proposed internal driveway to be shared with the property directly to the north is approved with this application. Applicant shall provide a recorded cross access easement for the parcels to the north to use this parcel for access to the public roadway network. Construct a 5-foot wide detached concrete sidewalk on Meridian Road and East lst Street located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. Replace unused curb cuts on Corporate, Meridian Road and East 1st Street with standard curb, gutter and/or concrete sidewalk to match existing improvements. Replace any damaged curb, gutter and or sidewalk on Corporate Drive, Meridian Road and East 1st Street with new curb, cutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Pave the driveway its full width of and at least 30- to 40-feet and at least 30-feet into the site beyond the edge of pavement of Meridian Road with 15-foot curb radii. ORDER CONDITIONAL USE PERMIT (CUP-O1-021) -5 2.30 Provide a minimum of 100-feet of stacking distance from the drive-thru window to the public roadway system. 2.31 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.32 Any existing irrigation facilities shall be relocated outside of the right-of- way. 2.33 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 2.34 Other than the access point specifically approved with this application, direct lot or parcel access to Corporate Drive, East 1st Street and Meridian Road is prohibited. 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 § I 1-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the day of /~ I/e,~t ,2001. ~o__~rt D. Corrie, I~layor City of Meridian ORDER CONDITIONAL USE PERMIT (CUP-OI-02 l) -6 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. 'City Clerk Dated: cm~Z:\Work~M~VleridianqMe ridian 15360M~KFC and A&W CUP01-02 l\Order.doc ORDER CONDITIONAL USE PERMIT (CUP-01-021) -7